Check teaching copies against the education copyright licence
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the reading list or the files to be uploaded, record the work, whether it is still available to buy, how much is to be copied or communicated, the educational purpose, and whether a section 113P notice is proposed. Flag a copy of a whole in-print book, a copy with no educational purpose, and a use by a body that has not given a remuneration notice. Do not decide that the copy is licensed.
- What the lawyer must review
- The lawyer decides whether the institution is an educational institution that has given Copyright Agency a remuneration notice, and whether the amount copied would unreasonably prejudice the copyright owner. Section 113P of the Copyright Act 1968 allows schools and TAFEs to copy and communicate literary, dramatic, musical and artistic works for educational purposes. The old 10 per cent or one-chapter limit is no longer in the licence. It remains a useful guide for works still on sale, and a larger copy needs a reason that does not unreasonably harm the owner, such as the work no longer being commercially available. A notice on the copy is recommended, not required. Schools and TAFEs that are surveyed must record uses during the survey period.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the reading list or the files to be uploaded, record the work, whether it is still available to buy, how much is to be copied or communicated, the educational purpose, and whether a section 113P notice is proposed. Flag a copy of a whole in-print book, a copy with no educational purpose, and a use by a body that has not given a remuneration notice. Do not decide that the copy is licensed. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the amount to be copied against the file, not against the teacher's description.
- Confirm a whole-book copy is not treated as licensed merely because the old 10 per cent guide has gone.
- Confirm the institution's remuneration notice is in place before the copy is shared with students.
Sources
- National Copyright Unit: The Statutory Text and Artistic Works Licence · 2026-10-22
- Copyright Agency: Statutory Education Licence · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
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