The Statutory Licence Part VB of the Copyright Act

The statutory licence: how it works

This statutory licence in the Copyright Act 1968 allows educational institutions to make copies, within limits, for educational purposes. For published works there is an agreement between the schools sector nationally and the Copyright Agency Limited (CAL).

This agreement is called the CAL Agreement and it details how the statutory licence will be implemented in schools. It establishes the licence fee that is payable to the Copyright Agency Limited (CAL) for material used by schools under the licence and also the regulatory mechanisms that need to be in place for it to operate fairly and efficiently.

Guidelines for copying within the Licence

Intention
This licence covers copying done for educational purposes which includes:

• material copied for distribution to students by a teacher in relation to a particular course of study provided by the school; and
• the distribution of material to teachers and administrative staff in relation to the operation of the school.

Jurisdiction
Copies can be made from any source worldwide.

Origin
Copies can be made from an original or a copy or a borrowed work.

Method of copying
Users can photocopy, facsimile, roneo, overhead project, spirit stencil, hand write, or print material from the internet under the hardcopy licence. Schools can also now scan, email, upload to the internet or an intranet and word process copies of material under the electronic reproduction and communication licence.

Location of copying
Copies can be made on school premises and off school premises (providing they are made for an on behalf of the school and no profit is made).

Not for profit
No copies may be sold with the intention to make a profit.

Basis for copying limits
It seems to be accepted that The Statutory licence copy limits are based on a per person per calendar year determination. The limits apply to the individual receiving the copies not to the individual making the copies. For example a teacher may copy from a single book one chapter for a year 7 class and a different chapter for a year 8 class, provided the students receiving the copies are within the permitted limits for receipt of copyright material for that year.

Copying limits provide the absolute maximum of a work that can be used. A student taking each subject must only receive as much copyright material as is permitted under the licence in each calendar year.

What the licence does not cover

• The copying of the whole or more than a reasonable portion of separately published photographs, cartoons, posters, maps, or other artistic works unless they are unavailable for purchase within a reasonable time, & ordinary commercial price.
• The copying of more than 10% of a musical work. See the AMCOS licence which is a more favourable arrangement for schools.
• The copying of computer programs. A copy of a computer program may only be made for the preservation of the original.
• The use of copies made under the CAL Agreement for purposes other than educational purposes by an educational institution.