Answered By: Alison Gowers Last Updated: Nov 28, 2018 Views: 3265
As of the 22nd December 2017, the existing statutory licences in Parts VA and VB of the Copyright Act 1968 were replaced by one simplified licence (New Statutory Licence).
On this date, the Parts VA and VB statutory licences ceased to exist, however, you will continue to be able to copy or communicate work under the New Statutory Licence if the amount is no more than the amount that would have been permitted under Part VB (see below).
Under the terms of part VB of the Copyright Act 1968, educational institutions can make copies of copyright works as long as the copy is made only for the educational purposes of the institution. Additionally, there are limits on how much can be copied. Generally, and especially for commercially available works, this is "a reasonable portion", which may mean only part of a work. Further details on what is considered a reasonable portion by the Act can be found in the link below (limits for photocopying from hardcopy sources) but briefly, here are some of the limits for copying:
- For books, 10% of the total number of pages, or one chapter if the work is broken up into chapters.
- For journal articles, one article from an issue of a journal, or more than one if they are on the same subject matter.
- Determining if the articles relate to the same subject matter is necessarily a case-by-case approach. In deciding whether the articles meet the criteria of the Act, follow the above approach. Contact the Copyright Officer for further assistance where required.
As long as the copying is done for educational purposes, and the amount copied is a reasonable portion, staff members are able to rely on the provision of Section 113P of the Copyright Act 1968 for their teaching. It is advisable for staff to include a warning notice when providing/communicating to students works copied under Section 113P.