FACT SHEET F053v11 - Copyright for Research or Study - Key Fair Dealing Guidance

Sep 15, 2026

Uploaded by Logic

Fact Sheet F053v11 provides introductory guidance on copyright law for research or study, focusing on when copying is not an infringement under Australia’s Copyright Act 1968 (Cth). It explains that fairness is required, clarifies what “research” and “study” generally mean using dictionary definitions, and distinguishes deemed fair amounts for different types of material. It also outlines factors courts consider when copying beyond deemed amounts and advises seeking legal advice for specific situations.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages4

Reading Time10 min

AccessFree to download

Key points

1. Using copyright material for research or study

Fair dealing and the need to be “fair”

2. Meaning of ‘research’ and ‘study’

3. Working out what is ‘fair’

(a) A ‘reasonable portion’ of text or notated music

(b) An article from a periodical publication

4. Copying more than the amounts deemed fair

Court factors for fairness

FACT SHEET F053v11 August 2024 Research or Study This fact sheet is for students and other people who want to know what they can copy for research or study without the copyright owner’s permission. Our Copyright Essentials book provides in-depth guidance on the provisions of the Copyright Act 1968 (Cth) (Copyright Act) set out in this fact sheet. It is available for purchase from our website. Information about our education programs is available here. This fact sheet gives general introductory information about copyright. If you need to knowhow the law applies in a particular situation, we recommend you seek legal advice. Key points • You will not infringe copyright if you use material for the purposes of research or study, provided that your use is also ‘fair’. • You do not need to be enrolled in a course – you could be researching or studying something for yourself. • In some cases, specific provisions in the Copyright Act allow people working in libraries to copy material for you if you need it for research or study. 1. Using copyright material for research or study The Copyright Act includes special provisions that allow the use of copyright material for the purpose of research or study (without the prior permission of the copyright owner) , provided the use is also ‘fair’. Whether or not your use is fair will depend on all the circumstances. A fair dealing for the purpose of research or study is deemed not to be an infringement of copyright. Note however, that although you may seek to rely on a fair dealing exception, it does not make you immune to copyright infringement. That is, a copyright owner may disagree that your use is for the purpose of research or study and still bring an action for copyright infringement if they choose. For an overview of the fair dealing exceptions see our fact sheet Fair Dealing: What Can I Use? 2. Meaning of ‘research’ and ‘study’ The Copyright Act does not define ‘research’ and ‘study’. However, courts generally accept the dictionary definitions of those common words. In the Macquarie dictionary (9th edition) , ‘research’means: ‘diligent and systematic inquiry or investigation into a subject in order to discover facts or principles...’ and ‘study’ includes: 1. ‘application of the mind to the acquisition of knowledge, as by reading, investigation, or reflection. 2. the cultivation of a particular branch of learning, science, or art: ... 3. a particular course of effort to acquire knowledge... 4. something studied or to be studied. 5. a thorough examination and analysis of a particular subject...’ You do not need to be enrolled in a course at an educational institution to be able to use something under the research or study exception. You could be undertaking independent research or study, such as a family history or background for an article. 3. Working out what is ‘fair’ The Copyright Act sets out two situations deemed fair when dealing with copyright material for research or study and sets out guidelines that should be applied in other cases. (a) A ‘reasonable portion’ of text or notated music If you are reproducing text or printed music from a hard copy edition of 10 or more pages, the Copyright Act deems that it is fair to copy: • 10% of the number of pages, or • one chapter, if the work is divided into chapters. For text material published in electronic form, it is deemed to be fair to copy: • 10% of the number of words, or • one chapter, if the work is divided into chapters. If the material is available in hardcopy and separately in electronic form, you can choose which form to use, and apply the relevant test to work out what is deemed to be fair. (b) An article from a periodical publication The Copyright Act deems that it is fair to use an article from a periodical publication (such as a newspaper, magazine or journal) or more than one article , if each article is for the same research or course of study. 4. Copyi

FAQs

When does using copyright material for research or study avoid infringing copyright?

Copying for research or study does not infringe copyright if the dealing is also “fair.” Fairness depends on all the circumstances, even when an exception is invoked.

Does “research” or “study” require formal enrolment in an educational course?

No. Independent research or study, undertaken without being enrolled in a course or institution, can still qualify under the research or study exception.

What are the deemed fair amounts for copying text or printed music?

For hard copy works of 10 or more pages, copying up to 10% of pages or one chapter is deemed fair. For electronic text or notated music, copying up to 10% of words or one chapter is deemed fair.

Sep 15, 2026

Uploaded by Logic