Copyright Act 1968

Where a literary, dramatic or musical work:

is performed in class, or otherwise to an audience; and

is so performed by a teacher or other person in the course of giving educational instruction, not being instruction given for profit, or by a student in the course of receiving such instruction;

For the purposes of this section, educational instruction given by a teacher for a place of education that is not conducted for profit shall not be taken to be given for profit by reason only that the teacher receives remuneration for giving the instruction.

For the purposes of this section, a person shall not be taken to be directly connected with a place where or for which instruction is given by reason only that he or she is a parent or guardian of a student who receives instruction at or from that place.

A parent or guardian of a student receiving instruction is taken to be taking part in the instruction in some circumstances: see subsection (8).

The last three preceding subsections apply in relation to sound recordings and cinematograph films in like manner as they apply in relation to literary, dramatic and musical works but, in the application of those subsections in relation to such recordings or films, any reference to performance shall be read as a reference to the act of causing the sounds concerned to be heard or the visual images concerned to be seen.

A communication of a literary, dramatic or musical work, a sound recording or a cinematograph film is taken for the purposes of this Act not to be a communication to the public if the communication is made merely to facilitate:

a performance of the work that, because of this section, is not a performance in public; or

an act of causing sounds forming part of the recording to be heard that, because of this section, is not an act of causing the sound recording to be heard in public; or

an act of causing visual images or sounds forming part of the cinematograph film to be seen or heard that, because of this section, is not an act of causing the film to be seen or heard in public.

A communication of a television broadcast or sound broadcast is taken for the purposes of this Act not to be a communication of the broadcast, or of a work or other subject‑matter included in the broadcast, to the public if:

the communication is made merely to facilitate the television broadcast being seen and heard, or the sound broadcast being heard, in class or otherwise by an audience, in the course of educational instruction that:

is given by a teacher or other person; and

is not given for profit; and

the audience is limited to persons who are taking part in the instruction or are directly connected with the place where or for which the instruction is given.

A communication of an artistic work is taken for the purposes of this Act not to be a communication of the work to the public if:

the communication is made merely to facilitate the work being seen in class or otherwise by an audience, in the course of educational instruction that:

is given by a teacher or other person; and

is not given for profit; and

the audience is limited to persons who are taking part in the instruction or are directly connected with the place where or for which the instruction is given.

Without limiting this section, a person is taken to be taking part in educational instruction for the purposes of this section if the person is assisting or otherwise supporting:

a teacher or other person giving the instruction; or

a student receiving the instruction.

This section applies to educational instruction conducted:

in person; or

using technology that allows a person to take part in all or part of the educational instruction without being physically present; or

using a combination of the methods mentioned in paragraphs (a) and (b).

Despite subsection (9), this section applies to a person taking part in educational instruction using technology of the kind referred to in paragraph (9)(b) only if the person so takes part at the same time, or at substantially the same time, as the educational instruction is given.