What Part VB Means

The Part VB educational statutory licence allows teachers to copy and communicate text, images and print music without a copyright clearance.

The Australian Copyright Act contains provisions that allow educational institutions to use text, images and notated (print) music in ways that would otherwise require a copyright clearance. These provisions are sometimes referred to as the Part VB educational statutory licence.

Australian teachers can copy and communicate text, images and print music without a copyright clearance if:

  • it is for educational purposes, and
  • they work for an educational institution that is is covered by the Part VB educational statutory licence.

WHICH CONTENT?

The statutory licence allows the use of text and images from any source or format:

  • digital or hardcopy
  • online or offline
  • Australian or foreign content
  • published or unpublished content

HOW MUCH OF A WORK?

A ‘work’ is an item of text or an image, usually created by a single ‘author’. An ‘edition’ (such as a book, journal or newspaper), or a publishing platform such as a website or CD ROM, may contain many ‘works’. For example, in a newspaper, each article, opinion piece, letter to the editor, cartoon and photograph is a separate ‘work’.

In some cases, a teacher may use only a ‘reasonable portion’ of a work, not the entire work. For some content, a specified proportion is deemed to be a ‘reasonable portion’. More than this specified proportion can be a ‘reasonable portion’, but there is no guidance in the legislation about how much. Similarly, there is no guidance on what constitutes a ‘reasonable portion’ of works such as artistic works.

The following is a guide.

entire work
deemed “reasonable portion”
hardcopy If:

  • unpublished
  • published, but not separately
  • not available (in any form) within a reasonable time at an ordinary commercial price
  • an article in a periodical (such as a journal, newspaper or magazine) – more than one if they are on the same subject
  • a text work of no more than 15 pages published in an anthology
  • an image that accompanies (and explains or illustrates) text that can be copied under the Part VB educational statutory licence.

Otherwise, a ‘reasonable portion’.

If work published as  edition of 10 or more pages:

  • 10% of the number of pages, or
  • a chapter (if more than 10% of the pages)
digital
  • if one of hardcopy criteria applies
  • work available for purchase, but only in hardcopy
  • work is an image (even if it is available for purchase in digital form)

Otherwise,  a ‘reasonable portion’.

(read our Electronic Use notice, which must be published with each copy under this scheme)

If work published:

  • 10% of the words
  • a chapter (if more than 10% of the words)
  • 10% of a musical work

WHICH USES

Uses allowed by the statutory licence include:

  • hardcopy content: photocopying, scanning
  • digital content: saving to disk, printing, making available online, emailing (read our Electronic Use notice, which must be published with each copy under this scheme)

APRA|AMCOS MUSIC LICENCES

In addition to the uses of music allowed by the educational statutory licence, APRA|AMCOS licenses the uses of music for education. More here.

MORE FROM AUSTRALIAN COPYRIGHT COUNCIL

The Australian Copyright Council publishes information sheets. It also publishes detailed guides, offers a legal advice service and runs an annual training program for the education sector.

This information is for guidance only. It is not legal advice.

 

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