Miscellaneous Permitted Uses

Miscellaneous Permitted Uses

There is a collection of miscellaneous provisions which apply to particular uses of copyright material in specific circumstances, many of which may have relevance in a tertiary educational context. Some of these are summarised below:

Incidental copying (section 41)

Incidental copying of any type of work (but not the deliberate copying of music or lyrics) in an artistic work, sound recording, film or communication work. The publishing, playing or showing of such copies to the public is also permitted.

Anonymous works (section 67)

Any use of literary, dramatic, musical or artistic works where the author is unknown and it is reasonable to assume copyright has expired or that the author died at least 50 years ago.

Schedule 1, clause 17 (2) (d) protects unpublished anonymous works. Libraries that digitize and publish unpublished anonymous works should be aware of the operation and implications of this clause.

Scientific or technical abstracts (section 71)

Copying and publishing article abstracts from scientific or technical journals and issuing such copies to the public (such as including in an electronic database).

Buildings (artistic works) (section 73)

Copying by painting, drawing, photographing or filming, or communicating a visual image, or issuing copies to the public.

Sculptures, building models, craft works (section 73)

Permanently situated in a public place or in premises open to the public. May copy by painting, drawing, photographing or filming, or communicating a visual image, or issuing copies to the public.

Rental of computer programs, sound recordings or films by educational establishments.

The Copyright Act gives copyright owners the exclusive right to rent copies of a computer program, sound recording or film to the public or authorise others to, Educational establishments and some libraries (prescribed under the Act) are allowed to rent copies subject to certain conditions, including that the works are not rented for the purposes of making a profit.

Back-up, decompilation and adapting of computer programs (Section 80)

The back-up, decompilation or adaptation of computer programs are permitted, subject to certain conditions.

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