Check for exceptions to copyright

You don’t infringe copyright if you only use an insubstantial part of someone else’s work in your research. What counts as 'insubstantial' is assessed qualitatively, not by word count or percentage. This means even a very small extract may be considered substantial if it is distinctive, central or essential to the original work. Because each situation is unique, you’ll need to consider the context and the importance of the material you want to use.

Libraries and archives are allowed to use some copyright material without asking the copyright owner, as long as the use fits within specific exceptions set out in the Copyright Act. For example, libraries can provide copies of certain works to their users or to other libraries, make preservation copies, and replace lost or damaged items. Visit Australian Libraries and Archives for more info.

Copying material for your own private use is generally allowed, particularly if you're format shifting or time shifting. Format shifting means making a copy of something you already own in a different format (e.g. CD to digital file). Time-shifting means recording live TV or radio to watch later.

Fair dealing lets you use copyright material in limited ways without asking permission, but only if that use is considered fair. What counts as fair depends on the situation. For example, uses that could affect a creator’s ability to sell their work, or uses made for commercial gain, are less likely to be fair. Find out more about fair dealing by reading the Australian Copyright Council's Fair Dealing fact sheet.

The fair dealing exception covers these purposes:

Research or study

You can use copyright material for research or study without permission if the use is within set limits. The law defines a 'reasonable portion' as one chapter or 10% of the pages of a book (whichever is greater), or one article from a journal, magazine or newspaper (or more than one if they're on the same topic). Find out more by reading the Australian Copyright Council's Research or Study fact sheet.

Criticism or review

Copyright material can be used for genuine criticism or review, as long as you attribute the work. This includes situations where you compare works or comment on ideas expressed (but not if you're trying to make money or divert an audience from the original creator).

Parody or satire

You may use copyright material for parody (humorous imitation) and satire (humorous criticism or commentary). This exception is unlikely to apply if the material is mainly used to profit from the popularity of the original work rather than to make a genuine point. For more information, read the Australian Copyright Council's Parody, Satire and Comedy fact sheet.

Reporting the news

Copyright material can be used when reporting the news, provided the original work is acknowledged. This can include older material if it’s relevant to a current story. What matters most is intent – the primary purpose must be to inform or report, not simply to entertain.