November 03, 2003
Making content available online
Legal Issues in Flexible Learning - Q and A
Under copyright laws relting to educational use, we are able to copy 10% of a text or an article from a journal. Can a teacher post an article or extract copied under these provisions on to a web site which could then allow as many as 300 students to download/print off the article/extract?
!What the lawyers say...
You are right in saying that the statutory licence in the Copyright Act permits educational institutions to reproduce copyright material for educational purposes. You may reproduce:
an article in an issue of a journal (or more than one if on the same subject matter); and
the greater of 10% of the number of pages or one chapter of a hardcopy text of more than 10 pages in length.
Reproduction can include scanning a text or article into electronic form.
Note that if a work is already in electronic form the 10% test is a little different and allows you to reproduce up to 10% of the number of words or one chapter of a text.
A teacher can communicate an article or extract copied under the statutory licence, by posting it onto a website, providing the following conditions are complied with:
the communication must be solely for the educational purposes of the institution;
you must take reasonable steps to ensure the material can only be accessed by authorised people (eg staff and stud