If you are doing research, studying, or completing an assessment, here are some ways you can use copyrighted materials without requesting permission. These provisions don’t apply for when you are publishing your work.
You can copy and communicate (e.g. reproduce in your work) some copyrighted material for study purposes, including using material in completed assignments and coursework (Fitzgerald et al, 2008). This can be for any type of study (e.g. formal or informal - you don’t need to be enrolled in a course), however the work must not be published or shared beyond the University’s domain (e.g. Blackboard). There are some limits to the amount of material you can copy or use in your work:
For more information, see the ACC Research or Study fact sheet.
If you are completing an exam, you can use copyrighted material in your work. You can use any kind or amount of material, but the exam must be formally assessed (Copyright Act Section 200 1A).
You may have seen the term “fair use” around (often used in disclaimers for online video). This is a term from American copyright law, and it describes ways someone can use copyrighted material without permission. However, this provision does not apply in Australia. Instead we use a principle called “fair dealing”. Fair dealing describes certain situations where copyrighted content can be used without permission. These include:
The amount of use that is considered “fair” depends on the type of use. Research and study uses have particular material limitations (outlined above), while others may not. For more information, see Fair dealing: What can I use without permission?
The UniSkills 23 Things: Remixing module has information, examples and activities about remixing for students.
It’s easy to get confused about the difference between copyright and referencing.
Referencing is essential in all areas of academic work as a way of attributing sources, avoiding plagiarism, and supporting academic integrity. Referencing is important whether you directly use copyrighted work, or refer to other people’s ideas. Copyright doesn’t cover ideas - it is only concerned with tangible, recorded material. However the law does require that the original author be attributed when using a copyrighted work. The law does not describe how a work should be attributed, as long as the author is clearly identified. Referencing styles are different ways of formatting the references (attributions) themselves. Which referencing style to choose depends on the course or publication you are writing for.
For more information about referencing and common referencing styles, see the referencing guide or contact the library.