Using third party copyright works for teaching and exams

Your use is set out in the Copyright Act and in licence arrangements

Copyright Act exceptions

Education provisions of the Copyright Act and various licences that the University holds allow some use of copyright material. This is subject to the moral rights of the authors. If you copy something it must be reproduced faithfully and with sufficient attribution.

Literary dramatic, musical or artistic work

  • You may make a single copy of a literary, dramatic, musical or artistic work for the purposes of teaching.
  • If you want to make multiple copies to distribute to your students you may only copy 3% or 3 pages of a literary, dramatic, or musical work.
  • If you are copying 3 pages, that may not be more than 50% of the work. For example, you may only copy 1 page of a 2-page work.
  • You may copy the whole of an artistic work which is included in that 3% or 3 pages.
  • You may not copy films or sound recordings under this provision.

Website content

  • If you wish to share something from a website with students, and you are concerned that it could be removed from that website, then the Copyright Act allows web content to be stored in a learning management system (Canvas) which is restricted to students enrolled in a your course.
  • You must identify the author, the source of the work and include the date on which the work was posted in Canvas.
  • You must remove the work once it is no longer needed for that particular course.

Examinations

The Copyright Act (section 49) allows anything to be done for the purposes of an examination. This can involve setting the questions, communicating the questions to candidates, or answering the questions.

Staff and students may copy anything for the purposes of examination. Examinations include any work which counts towards a student’s final grade in a course. The exception does not allow the work to subsequently be made publicly available. For example a thesis will need to be checked for copyright compliance before being uploaded into the University’s research repository.

Abstracts

Abstracts of articles may be copied without infringing copyright under section 71 of the Copyright Act. Section 71 applies to scientific or technical articles, and we consider all academic journals to be scientific or technical regardless of the subject matter for this purpose.

E-books

  • May be copied for teaching.
  • Multiple copies for students:
    • 3% or 3 pages, but no more than 50% of a work and 14 day rule applies
    • For more than 3% or 3 pages, link to the e-book on the Library website

Literary work: online - electronic copy

  • May be copied for teaching.
  • Multiple copies for students:
    • Only on learning management system such as Canvas.

Literary work: online - paper copy

  • May be copied for teaching.
  • Multiple copies for students:
    • 3% or 3 pages, but no more than 50% of a work and 14 day rule applies

Unpublished literary works

  • May be copied for teaching.
  • Multiple copies for students:
    • 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies

Foreign newspapers: online

  • May be copied for teaching.
  • Multiple copies for students: 
    • Only on a learning management system such as Canvas.

Film/video: commercial DVD/Blu-ray

  • May not be copied for teaching.
  • May show, but may not make a copy unless teaching filmmaking and the film consists of or includes the making of a film or a soundtrack.

50% rule and the 14 day rule

  • Where you are relying on the Copyright Act to copy 3% or 3 pages of a work you may copy no more than 50% of the work. If a work is a page long, then you may only copy half a page.
  • After 14 days, you may distribute a print copy of another 3% or 3 pages of that work.
  • If you have posted the copy on Canvas then the next portion can only be posted 14 days after the earlier portion has been removed.

Section 44(6) of the Copyright Act states that where a staff member is making multiple copies and relying on the Copyright Act to do so, for example copying from sheet music, then a further 3 pages or 3% of that part or another part of a work or an edition, must not be copied within 14 days by or on behalf of anyone else in the University.

No copyright       

These materials are not protected by copyright. You may copy them freely.

  • NZ Acts, Bills, regulations and by-laws
  • Judgments of NZ courts (excluding headnotes)
  • NZ Parliamentary debates, Select Committee Reports, Royal Commission, Commissions of Inquiry, Ministerial Inquiry, Statutory Inquiry reports

The CLL or CLNZ licence

This licence extends what may be copied under the Copyright Act, but only from hard copy or print books and journals, as well as newspapers and the websites of New Zealand newspapers. Staff may make multiple copies of up to 10% or one chapter or one journal article to share with students. The licence also enables the copying of up to 5 articles from a newspaper. The licence does not cover:

  • Material downloaded from the internet (other than NZ newspapers)
  • Stand-alone artwork
  • Loose maps and charts
  • Printed sheet music not contained within a book
  • House journals, e.g., employees’ publications
  • Theses, dissertations and student papers
  • Public domain works (50 years after the death of author and 25 years after publication)

What does the licence allow us to do?

  • Digitisation of content copied under the licence must be requested through Talis, the e-reporting software, which checks compliance with the licence and automates the survey return to CLNZ.
  • Students may have course material both as a hard copy course pack and electronically through Talis.
  • Out-of-print works may now be made available to students electronically through Talis (with the appropriate permission from CLNZ) as well as in hard copy form.
  • All course materials copied under the licence must uploaded through the Talis. A survey report of materials copied under the licence is provided to CLL following the end of each semester. 

A summary of the licence is on the CLNZ website.

You must request digitisation of the item using a Talis reading list to comply with the CLL licence for these types of material: 

  • Book: hard copy
  • Anthology of poems, plays or short stories: hard copy
  • Essays or chapters written by different authors: hard copy
  • Periodical article and foreign newspapers: hard copy
  • NZ newspaper: hard copy or online

See Talis reading lists for staff

Copyright warning notice

When copyright materials are made available under a licence, particularly in course packs (e.g., course books, manuals or guides), either electronically or hard copy, recipients should be warned in writing that these materials should not be copied or made available to other persons. All content made available through Talis has a cover sheet with the warning notice included.

Content copied under both the Music and Screenrights licence is required to have the following warning notice displayed prominently whether it is on the University’s intranet or students are provided with physical copies of the works.

Sample copyright warning notice
COPYRIGHT WARNING NOTICE
This material is protected by copyright and has been copied by and solely for the educational purposes of the University under licence. You may not sell, alter or further reproduce or distribute any part of this course pack/material to any other person. Where provided to you in electronic format, you may only print from it for your own private study and research. Failure to comply with the terms of this warning may expose you to legal action for copyright infringement and/or disciplinary action by the University.

Screenrights licence

Allows copying in New Zealand of “communication works”. These include radio and television broadcasts, cable programmes and films legally made available on the Internet. Full information is on the Screenrights website.

Online film or video

May be copied for students. It must be legally posted on the internet (unauthorised copies may not be copied under the licence), if in doubt provide link only (Screenrights licence).

Broadcast film or video

May be copied for students. It must only be streamed to authorised users (Screenrights licence).

Universities Music Licence

The Universities Music Licence allows staff and students to use music in these ways:

  1. Perform music in public for educational purposes.Educational purposes means for the purposes of teaching and/or research of the University and matters arising from those activities. These activities include:
    1. Using music in lectures and tutorials
    2. Playing music at University events, as long as there is no charge for entry
    3. Making archival records involving music
    4. Using music for other related teaching and administrative activities, including but not limited to playing music on the University telephone on hold service
  2. Communicate music for educational purposes
    Communicating music involves making music available or transmitting it via any technology platform (including secure intranets and mobile networks) for educational purposes.
  3. Copy or reproduce music for educational purposes. This includes but is not restricted to:
    1. Making copies of a video of a University event that has music in it and communicating it for educational purposes for archival reasons or for private use.
    2. Reproducing or combining music with video or digital recordings for Educational Purposes.
    3. Allowing students and staff access via a University intranet to copies of any of the above material, or provide students, staff or their immediate families with physical copies of the above material, providing the copyright warning notice is included.

The licence does not include the right to:

  • Copy any sheet music.
  • Copy or access in any way infringing or pirated copies of music or sound or music video recordings.
  • Perform Grand Right Works in their entirety. Grand Right Works are productions where music has been specifically composed for a theatrical work, e.g., operas or musicals.
  • Make video recordings of Grand Right Works (including excerpts) or ballets.
  • Perform music at an event on University premises that have been hired to a third party or student (this requires a separate licence from PPNZ or APRA).
  • Use musical works in conjunction with acting, costumes, scenery and scripted dialogue or other dramatic effects.
  • Perform any choral work of more than 20 minutes duration.
  • Perform music as burlesque or parody or use new or substituted lyrics.

Video created by staff containing third party music

May be copied under the Music licence, if permission of identifiable individuals and copyright owner obtained (if video recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required)

Music: commercial CD; online; or broadcast music

May be copied under the Music licence but must be for University’s educational purposes.

Library database licences

Newspaper and periodical articles: Subscribed library databases

May link to article in the database. Check the library Catalogue for the licence details to determine if may be included in print course packs.

Music: library databases

May be played in class.

You may link to music in the database.

E-books

You may link to the e-book in the database. Check the library Catalogue for the licence details to determine if can be included in print course packs.