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Avoiding infringements

Consider the purpose

In deciding whether and how you can use copyright material, the key question is: What is your purpose in using this material?

The following matrix outlines the main purposes for which staff may use copyright material:

Purpose Option
Delivering teaching  Statutory licences & other educational purposes provisions
Personal research or study Fair dealing provisions
Any other purpose    Seek permission

Staff responsibilities

It is an infringement to breach copyright. The individual staff member, who does not observe copyright rules and infringes copyright, could be open to prosecution, particularly where the employer had taken all reasonable steps to ensure compliance with the law.

It may also be an infringement to authorise an infringement of copyright. A person is likely to have authorised an infringement when they have

  • requested or instructed someone else to infringe copyright, or
  • exercised a degree of control over the person infringing copyright or the means by which the infringing copy was made, or
  • countenanced, sanctioned or approved the infringement

You can be liable for unauthorised copies made on your equipment if you do not make users of the equipment aware of the copyright obligations.