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Copyright is an issue that all TLs need to be familiar with. Your first stop for information should be Smartcopying If you need further information or interpretation then use the Contact US facilities.

These are some of the most commonly asked questions during Book week preparations.

Scanning picture books to show on a large screenUnder the Statutory Text and Artistic Licence, teachers can copy (photocopy or scan) and communicate (email, make available online) 10% or one chapter of a book. A teacher can only copy more than this where the book is no longer available for purchase (either in hardcopy or electronic format )within a reasonable time. Therefore, a teacher cannot scan more than 10% or one chapter of a book to display on an interactive whiteboard where the book is still available for purchase in hardcopy format, even though it is not available in electronic form.
Fees are paid by Australian Schools and TAFE for the copying and communication of material under the Statutory Text and Artistic Works Licence, whether it be 10% of a book or more where the book is no longer available for purchase. These fees are distributed to authors and copyright owners(publishers) through the Copyright Agency Limited, which is the collecting society responsible for administering the Statutory Text and Artistic Works Licence.

If a school wishes to scan more than 10% or one chapter of a book for use on an interactive whiteboard, it will be in breach of the Licence if that book is still available for purchase in any format. The school can always contact the publisher and ask for permission to scan the entire book. If the school receives the permission to do so, the school will no longer need to rely on the Statutory Text and Artistic Licence to scan the book.
Any permission provided by publishers to schools for this use should always be in writing and a copy of the permission should be kept in the schools' register of licences. This is to ensure that copying is not subject to the Statutory Licence and therefore that money is not paid for the use.

On a final note, there is no 'fair use' provision in Australia. There are 'fair dealing' provisions but these do not apply to the copying and communication of copyright material by schools for teaching purposes. It is not correct to say that copying of the first 10% of a book is free. Get further information on the fair dealing provisions.
Sylvie Saab National Copyright Officer, National Copyright Unit Ministerial Council on Education, Early Childhood Development and Youth Affairs (MCEECDYA)

Copying book coversTeachers scanning book covers
Teachers (including teacher librarians) can scan book covers for use in digital presentations (including review blogs, slideshows and book trailers) under the Statutory Text and Artistic Works licence. These presentations must be for the educational purposes of the school, i.e. use in teaching, preparation for teaching, classroom/homework exercises, library resources to encourage reading and/or notify students of books available in library as well as professional development exercises.


There is a new agreement between the Copyright Council and ALIA about the use of book covers in libraries. You need to download the pdf from this link for the full information but essentially…
In August 2016, the Australian Publisher’s Association (APA) announced its position that it is in the public interest that libraries be able to reproduce book covers to promote library programs and Australian Copyright Council, and to connect readers with books and authors (alia.org.au/copyright-and-bookcovers). The APA has therefore agreed with the Australian Library and Information Association (ALIA) that APA members allow libraries to use book covers for promotional purposes, such as posters, library displays, catalogues, bookmarks, other marketing materials, and also websites and social media posts, without needing to seek prior permission or make payments to copyright owners. The APA/ALIA agreement applies to libraries, including libraries within educational institutions.
Download the full information in the pdf available from this link.

Students scanning book covers
Students can scan book covers to include in digital representations and upload these representations on a password protected repository as part of their classroom or homework under fair dealing for study and research. Students should attribute the copyright owner of the book cover (illustrator/s and/or publisher).
For further information on fair dealing, see Smartcopying at:http://www.smartcopying.edu.au/scw/go/pid/1016


Students designing their own bookcovers
There are no copyright issues arising from students designing their own book covers. Students own copyright in the original material they create.

Sylvie Saab National Copyright Officer, National Copyright Unit Ministerial Council on Education, Early Childhood Development and Youth Affairs (MCEECDYA)

Creating book trailersThe purpose for creating a book trailer determines how it can be shared...
1. Making and/or using the trailers/videos within the school:
  • If the trailers amounts to a review of the books (eg students describing the book, why they like it/don’t like it and why others should read it), then limited use of the book in the course of that review (and only as necessary for the review) is permissible, under an exception in the Copyright Act permitting ‘fair dealing for criticism or review’. Note this wouldn’t permit excessive / unnecessary use of the book – for example reading the entire work aloud for the video would go beyond what could be considered ‘fair’.
  • If the trailers won’t be a review but are more a marketing exercise (eg the task is to produce an ‘advertisement’ for the book, not a review), then limited use of the book in the course of those videos may still be permissible, under another copyright exception permitting ‘fair dealing for research or study’. This exception will only apply if the videos are made by the students (not teachers) and again the amounts used should be reasonably limited and not go beyond what’s genuinely needed for the purpose.
2. Sharing such trailers/videos outside the school (eg on YouTube, an open competition or the school’s website):
  • If the trailers are book reviews (as discussed above), you may share them in public
  • If the trailers are not book reviews (eg are adverts, made as part of the students’ research or study as discussed above), then you can’t share them in public
Jessica Smith National Copyright Officer, National Copyright Unit