Copyright owners are entitled to take legal action against persons who infringe
their copyright. A reproduction of material that is protected by copyright may be a
copyright infringement. Certain dealings with copyright will not constitute an
infringement, including:
• A reproduction that is a fair dealing under the Copyright Act 1968 (the Act),
including a fair dealing for the purposes of research or study; or
• A reproduction that is authorised by the copyright owner.
It is a fair dealing to make a reproduction for the purposes of research or study, of
one or more articles on the same subject in a periodical publication, or, in the case
of any other work, of a reasonable portion of a work.
In the case of a published work in hardcopy form that is not less than 10 pages and
is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable
portion.
In the case of a published work in electronic form only, a reasonable portion is not
more than, in the aggregate, 10% of the number of words in the work.
More extensive reproduction may constitute fair dealing. To determine whether it
does, it is necessary to have regard to the criteria set out in subsection 40(2) of
the Act.
A court may impose penalties and award damages in relation to offences and
infringements relating to copyright material.
Higher penalties may apply, and higher damages may be awarded, for offences and
infringement involving the conversion of material into digital or electronic form. |