The Copyright Act contains special provisions which allow the University to reproduce copyright protected works in an accessible format for a person with a print or intellectual disability.
Copying for a student with a print disability
You may rely on the print disability provisions in the Copyright Act to copy literary or dramatic works, in whole or in part, if the student for whom you are making the copy is:
blind or visually impaired
unable to focus or move their eyes
has problems with perception
unable to manipulate books (e.g. turn the pages, hold a book)
The copying or communication can be done by the student with the disability or by someone on their behalf.
Copying for a student with an intellectual disability
Intellectual disability is not defined in the Act but could mean a student who has difficulties with thought processes and making judgements, learning, problem solving, remembering information and communicating. If you are unsure if someone has an intellectual disability, you should seek advice in the first instance from a University Disability Adviser within the Student Engagement Unit. An intellectual disability should not be confused with a mental illness.
Prescribed electronic Warning Notices MUST be displayed for material made available online or in digital form.
The required version or copy MUST be unavailable commercially.
The copy MUST NOT be sold for profit or hired out.
The copy must be solely for the purpose of assisting a student with a print or intellectual disability.
Access MUST be restricted to the student with the print or intellectual disability.
Photocopying a book or article to transfer into Braille or large-print.
Scanning a book or article to view through the catalogue at a larger scale.
Streaming or transferring lecture/tutorial notes onto a sound recording for a student who is visually impaired.
Transferring print material onto a sound recording for a student who is visually impaired
Faxing, emailing or posting material onto a secure Internet server for a student with a disability.
Taping a radio or television program for a student with an intellectual disability
Placing a radio or broadcast on UniSANet for student with an intellectual disability to access.
Copying a TV or radio broadcast onto a CD-ROM, DVD or audio tape for a student with an intellectual disability.
Students with a print disability
A master (and subsequent copies) can be made of the whole or part of a literary or dramatic work (whether hardcopy or electronic) in any of the following formats for print disabled students:
photographic (e.g. photocopying a work); or
electronic version (e.g. scanning for viewing on a computer or through the catalogue)
NOTE: These provisions DO NOT allow for the copying or communication of print music, artistic works (e.g. diagrams, graphs, photographs), unpublished material (e.g. conference papers) or audiovisual material (e.g. DVDs, television programs).
Students with an intellectual disability
A master (and subsequent copies) can be made of
The whole or part of a literary, dramatic, musical, artistic work, published sound recordings and films for the benefit of intellectually disabled students.
The whole or part of a radio or television broadcast originally aired as a free-to-air broadcasts. This includes podcasts and vodcasts which have originally aired on free-to-air television and are available from Broadcaster's website refer to Part VA for further information.
A musical work can be a musical score or notated music.
An artistic work can be drawings, paintings, sculptures, graphs, diagrams, maps, plans, cartoons, photographs, models, buildings.
A literary work can be a book, article, letter, manual or song lyrics.
A dramatic work can be a script for a film or play but NOT the actual film or performance.
Under Sections 135ZP and 135ZQ, the University can create master copies of works to convert a work into a different format for a student with a print or intellectual disability. Master copies can be kept indefinitely by the University for the purpose of creating works in accessible formats for students with print or intellectual disabilities.
Master copies MUST be reported to CA. A master copy which is not reported to CA is unlicensed and infringes copyright. CA maintains a searchable database of master copies, which can be searched by the University to locate works that might have been created by another University in an alternate format for use by a student with a disability. The catalogue is updated as Masters are reported to CA.
For Master copies, written notice must be given to the Copyright Agency (CA) within 3 months informing them of the reproduction or communication and must include:
the name of the University
details of the work reproduced or communicated (i.e. author, title, publication details)
date on which the reproduction or communication was made.