Copyright for Teaching Purposes
Copying Limits - the amount that can
be copied and communicated under the
Part VB Licence
The Part VB Licence imposes limits on the amount that can be copied and communicated per unit in any one year. These are:
Periodicals, such as Journals or Newspapers
The whole or part of one article in one issue of a periodical can be copied. Two or more articles contained in the same periodical publication can be copied if they relate to the same subject matter (this needs to be interpreted narrowly). This applies only to print journals and e-journals that are freely available on the internet. Note: Articles obtained via subscription or from Library databases such as ProQuest, Emerald and LexisNexis are to be used under the conditions of the licence agreement entered into (see Using Copyright Material under Contract or Licence).
Anthologies
The whole or part of a literary or dramatic work contained in a published anthology, and comprising not more than 15 pages, can be copied. An example would be an essay contained in an edited collection of essays. A work of more than 15 pages may be copied if it is not separately published. Not more than 10 per cent of an anthology should be copied if the anthology is available commercially.
Other literary, dramatic and musical works
A 'reasonable portion' of the work can be copied. Where a literary, dramatic or musical work which is published as a published edition (e.g. a book or play) is copied, then a 'reasonable portion' should be interpreted as follows: (i) up to 10 per cent of the pages in the edition, or (ii) one whole chapter, even if that single chapter exceeds 10 per cent of the number of pages in the whole volume. Note: More than a 'reasonable portion' can be copied if the person doing or requesting the copying is satisfied, after reasonable investigation, that copies (other than second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price. Link to the form 'Copying Works Believed to be Unavailable'.
Artistic works and images which are embedded in text
Artisitc works and images which are embedded in text for the purpose of explaining or illustrating the literary work (known as incidental artistic works), can be copied along with the text following the relevent copying limits for the text. For example: you may copy any images that are included in a chapter which you are copying under the terms of the Part VB Licence.
Artistic works copied separately
Artistic works that are in hardcopy form can be copied without further inquiry provided you are sure that they have not been separately published. If an artistic work in hardcopy has been separately published, it can only be copied if the person who makes the copies or causes them to be made has satisfied himself or herself, after reasonable investigation, that copies (other than second-hand copies) cannot be purchased within a reasonable time at an ordinary commercial price. Artistic works that are freely available from the internet can be copied and used without further investigation.
Material that is out of print
There are no limits to the amount which can be copied in reliance on Part VB if the material is out of print. It is also permissible to copy more than 10 per cent of a work if the person who is doing the copying is satisfied, after reasonable investigation, that the work is not available within a reasonable time at an ordinary commercial price. More information about reprinting under the Part VB Licence in the UNE context can be found in the Guides and Resources section under the title 'Reproducing and Selling Copyright Material'.
Note: Readings copied and communicated online reliant on the Educational Licence Part VB must be managed only via eReserve and not uploaded direct into Moodle or other Learning Management System.