copyright Qs

1- Can I copy material from the Internet for research??

* You will not infringe copyright if you use material for the purposes of research or study, provided that your 

use is fair. 

• You do not need to be enrolled in a course – you could be researching or studying something for yourself. 

• In some cases, specific provisions in the Copyright Act allow people working in libraries to copy material for 

you if you need it for research or study  

2- What constitutes research and fair use??

In one case, the Court said that “research” and “study” in the Copyright Act have the same meaning as in the 

Macquarie dictionary. Thus “research” means: 

“diligent and systematic enquiry or investigation into a subject in order to discover facts or 

principles...” 

and “study” includes: 

“(1.) The application of the mind to the acquisition of knowledge, as by reading, investigation, or 

reflection; (2.) the cultivation of a particular branch of learning, science, or art:...(3.) a particular 

course of effort to acquire knowledge...(5.) a thorough examination and analysis of a particular 

subject...” 

You do not need to be enrolled in a course – you could be researching or studying something for yourself. 

The Act sets out two situations deemed fair when dealing with copyright material for research or study and sets 

out guidelines which should be applied in other cases. 

A “reasonable portion” of text or notated music 

If you are reproducing text or printed music from a hard copy edition of 10 or more pages, the Act deems that it 

is fair to copy: 

• 10% of the number of pages; or 

• one chapter, if the work is divided into chapters. 

For text material published in electronic form, it is deemed to be fair to copy: 

• 10% of the number of words; or 

• one chapter, if the work is divided into chapters. 

If the material is available in hardcopy and separately in electronic form, you can choose which form to use, and 

apply the relevant test to work out what is deemed to be fair.

3- Can students (university or school) use music in videos that they make??

There is no general provision that allows people to copy for personal or private use. However, the Copyright Act 

does contain provisions which students may sometimes be able to rely on, including when they want to use 

music and sound recordings in films and videos they make as part of a course of study. 

In particular, a student may be able to deal with copyright material for research or study, provided the use is 

fair.  In one case, the Court considered the meaning of the words “research” and “study” and held that they have 

the meanings given in the Macquarie Dictionary: 

“research” – “diligent and systematic enquiry or investigation into a subject in order to discover 

facts or principles”. 

“study” – “1. application of the mind to the acquisition of knowledge, as by reading, investigation 

or reflection. 2. the cultivation of a particular branch of learning, science, or art: The study of law 3. 

a particular course of effort to acquire knowledge: to pursue special medical studies ...5. a thorough 

examination and analysis of a particular subject ...” 

An example of fair dealing for research or study may be using music in a film which is to be submitted for a 

school or university project, but which you do not intend to show outside the classroom or distribute further. 

However, a person making a home video or movie of a wedding or school concert could not rely on this exc