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Copyright & assessments

When incorporating other copyright material into your assessment items, you can often rely on fair dealing for criticism and review as long as the assessment is only submitted internally to Curtin. If you share your assessment online via a website that is accessible to the wider public (e.g. if you upload the material to YouTube you may not be able to rely on this exception).

To be considered a ‘fair’ dealing:

  • The purpose of the use must be ‘criticism or review’ and not for other purposes. For example, commenting critically on the material, or comparing two different items
  • You are limited to copying up to 10% of the works/one chapter per book, and one article per journal issue. For images, you can make a copy in its entirety.

For assessments that are made available to a non-Curtin audience (e.g. via an online website or platform) we recommend you rely on the following types of material:

  • Openly licensed material, such as content available under a Creative Commons licence which permits you to copy and share the material without further permission. Note there are different Creative Commons licences so check the terms to ensure you can comply with the licence. For example, some Creative Commons licences have the No-Derivatives (ND) condition which means you cannot modify or adapt the material and share it. All Creative Commons licences require you attribute the original source of the material
  • Online material where the website terms of use permit you to use the content. Look for this information in the footer of the website under headings such as ‘Terms of Use’, ‘Policy’, ‘Copyright’, etc. Some terms of use may permit you to re-use content for non-commercial, educational purposes
  • Public domain material, of which there are two types:
    • Material where copyright has expired (generally the life of the creator plus 70 years)
    • Material where the creator has dedicated the work to the public domain. This may be indicated in a CC0 (Creative Commons Zero) licence mark, or in the item’s associated terms of use
  • Material copied with permission, i.e. you have the permission of the copyright holder to include the material in your assessment and share it with a public audience online. If seeking permission, make sure the request clearly identifies the material and the proposed use, that you keep the permission in writing (email is acceptable), and you abide by any conditions imposed by the copyright holder.

Think critically about content you find online that seems to be available under an open licence or with broad re-use terms. Some websites are community upload sites, meaning any member of the public can upload content to the platform. You are relying on the uploader to give correct information about the re-use terms – and in some cases, the uploader may not have the rights to make content available for re-use (for example it may not be their content).

Regardless of the use, you must always reference the source material. For information on referencing visit the Library website.