Overview of copyright issues
This section gives an overview of general issues about copying and copyright. For more detailed information about using different copyright works, go to the Copyright in the classroom guide.
On this page:
Introduction
Teachers and contractors need to assume that copyright applies to all works created or used in the school environment – it is only in limited cases that copyright does not apply. The absence of the © symbol or a copyright statement makes no difference. (Neither does the fact you found it on the Internet.)
- For a list of what types of work are covered by the Copyright Act, see What is copyright?
Most published works, including books, films, newspapers, sound recordings, broadcasts and websites, include many types of work, the copyright in which may be owned by different people or entities.
To manage the risk that the use of works within the school creates, for both you and your school, you must ensure that you have obtained permission to use works in a restricted manner from the copyright owner.
- For a discussion of the restricted acts, see What rights do owners have?
Teachers' and students' use of copyright works in a restricted manner may be permitted by:
- the statutory exceptions to copyright infringement (for instance, the research or private study and educational exceptions) in the Copyright Act.
- the relevant copyright licences
- obtaining permission directly from the copyright owner(s).
Note that the educational exceptions in the Copyright Act only apply in limited circumstances. They do not apply to any use you may make of works beyond those circumstances. The scope of the statutory exceptions to copyright infringement, and various licences, is discussed below.
Copying
What is meant by copying?
The term 'copying' means reproducing or recording the work in material form, by any means whatsoever, and includes all forms of mechanical and manual reproduction, for example, making photocopies, scanning, re-typing, copying by hand, dubbing, recording, cutting and pasting, downloading, and printing.
For literary, dramatic, musical or artistic works, copying also includes storing the work in any medium by any means. In relation to an artistic work, it includes marking a copy in 3 dimensions of a 2-dimensional work and making a copy in 2 dimensions of a 3-dimensional work. In relation to a film, television broadcast or cable programme, it includes making a photograph of a whole or a substantial part of any image forming part of the film, television broadcast or cable programme.
For a more detailed discussion of making copies of works in electronic format or copying works from the Internet, see the section on Electronic copying and works on the Internet.
Rules of thumb for copying
Under the Copyright Act, one single copy of all or part of a written work may be made by or on behalf of a person who is to give a lesson at an educational establishment in the course of preparation for instruction, for use in the course of instruction, or in the course of instruction provided that no more than one copy of the work is made on any one occasion.
Under the Copyright Act, multiple copies of a small part (no more than 3% of the work or three pages, whichever is greater as long as no more than 50% of the work is made) of a literary, dramatic, musical work or a typographic arrangement of a published edition may be made by or on behalf of an educational establishment for educational purposes, provided that no charge is made to the recipient(s) of the work.
The CLL licence extends these allowances, and permits the making of multiple photocopies of up to 10% or one chapter of a printed published work (some specific categories of works are excluded).
The statutory exceptions do not permit moral rights to be breached. Changing copyright material is rarely permitted and the derogatory treatment of a work will not be excused by an statutory permissions or exceptions. Refer to the section What rights do authors have?
Unless your school has a copyright licence which permits a restricted act or extends the statutory exceptions to copyright infringement, you must obtain permission from the copyright owner(s) to do any restricted act in relation to a copyright work.
- For a detailed guide to what use is permissible under copyright legislation for different types of works, see the Copyright in the classroom guide. Note that schools can obtain copyright licences to increase these allowances.
- For information on how to seek permission for a use that is not permitted under legislation or licence, see Obtaining permission.
Who owns copyright?
Who owns copyright in a teacher's or contractor's original work?
Do not assume that just because you created a work, you can necessarily do anything you like with it. Unless agreed otherwise, the school will own the copyright in any teaching materials that teachers (employees) create during the course of their employment.
However, if a contractor is commissioned to create a work, copyright in the work will usually be owned by the contractor unless agreed otherwise. In these cases, it would be necessary to get permission to use these works in a restricted manner after you leave the school or for private purposes (such as for publication). Check your employment contract and the copyright policy at your school.
- For more information on this issue, see Your teachers' work.
Who owns copyright in another teacher's or contractor's work
You must get permission when you use works created by another teacher or contractor. While another teacher may have created the material (such as a unit plan), your school or another school could own the copyright.
You will need the copyright owner's permission to copy or change the work. In some cases, there could be more than one copyright owner.
While it is unlikely that use of works created within a school (that is, unpublished works) would be covered by the school's copyright licence, as explained above, the Copyright Act permits you to make a single copy of any literary, dramatic, musical or artistic work for instructional purposes, or multiple copies of part of a work for educational purposes.
- For more information on this issue, see Your teachers' work.
Who owns copyright in a student's original work?
Students own copyright in all of the original work that they create, be it a story, painting, dance, or whatever. Treat it just like copyright material from outside the school. Good practice is to get permission from the student's parent or guardian (in the case of primary students) and the student (in the case of secondary students) to copy, perform, record, publish, or exhibit any student's work or do any other restricted act in relation to that work.
Note on Ministry of Education and Crown publications
Ministry of Education and other government (Crown) publications (including websites) are like any other publication when it comes to copyright – that is, you must have permission to copy or do any other restricted act in relation to government publications.
Some government publications include permission statements granting rights to copy or do other restricted acts in relation to all or part of the publication for certain purposes. Examples of such permission statements are:
- "Teachers may copy these notes/this DVD for educational purposes."
- "You may copy this work for use in New Zealand schools."
- "Teachers in New Zealand may copy and adapt this material for non-commercial educational purposes."