Within the Copyright Act, “dealing” means using copyright material in any way that is usually reserved for the copyright owner. Using copyright material for any of the following purposes may be considered fair dealing:
To decide if using material for any of the above purposes is fair, you should consider the following factors:
If, in your estimation, your use of copyright materials is covered by a fair dealing exception and is fair in that context, then it is not a copyright infringement and you do not need permission from the copyright owner.
Under the fair dealing provision, reasonable portions of copyright material can be copied for the purpose of research or study. A reasonable portion of literary, dramatic or musical works is generally considered to be:
When planning to copy artistic or audio-visual material, or more than a reasonable portion of text, the following factors need to be considered to determine if the dealing is fair:
To rely on the fair dealing exception for research or study, the material must be copied for your own study or research, the use must be fair, and the original material must be attributed.
The provision does not include teaching staff making copies on behalf of students, or students making multiple copies of material for distribution.
While the provision does allow students to include copyright material in assessments that will be submitted at UNSW, it does not allow for the inclusion of copyright material in material that will be published. For more information, see Quoting materials in research.
Under the fair dealing provision, copyright material can be used for the purpose of criticism or review.
To rely on the fair dealing provision for criticism or review, you material must make a genuine judgment of the original material or the ideas it includes and/or a comparison of other materials. Criticism and review do not need to be balanced and it can be humorous. In addition, the use must be fair, and the original material must be attributed. The provision does not allow for use of copyright materials to explain or provide evidence for your own ideas or concept.
For the purpose of criticism or review, only copy as much as is needed. This provision also allows the inclusion of copyright material in material that will be published.
Under the fair dealing provision, a person with a disability or a person acting on their behalf, can copy copyright materials in the specific accessible format required if the use is considered fair.
A person with a disability is anyone who suffers from a disability that causes them difficulty in reading, viewing, hearing or comprehending copyright material in a particular form. This includes persons with temporary disabilities.
To determine if the intended use is fair, the person making the copy should consider:
Find out more about Disability access.
In addition to the uses described above, copyright material can also be used under the fair dealing provision for: