Can I copy a chapter from a book for my university assignment?

In Plain English

Based on the information provided from the Copyright Act 1968 and the Copyright Regulations 2017, you may be able to copy a chapter from a book for your university assignment, depending on the specific circumstances. The legislation allows for "fair dealing" of copyrighted material for the purpose of research or study.

The Copyright Regulations 2017 specifies that for a hardcopy book that is not less than 10 pages and is not an artistic work, copying 10% of the pages or one chapter is considered a "reasonable portion". Copying more than this may still be considered fair dealing, but it depends on factors outlined in the Copyright Act 1968, such as the purpose and character of your use, the nature of the book, and the effect of your copying on the book's potential market.

Detailed Explanation

The Copyright Act 1968 does not explicitly define "fair dealing," but it allows for exceptions to copyright infringement for purposes like research or study. The Copyright Regulations 2017 provides some guidance on what constitutes a "reasonable portion" in the context of fair dealing for research or study:

• Hardcopy Works: For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is considered a reasonable portion (Copyright Regulations 2017).
• Electronic Works: For a published work in electronic form only, a reasonable portion is not more than 10% of the number of words in the work (Copyright Regulations 2017).

If copying a chapter constitutes more than a "reasonable portion", it may still be considered fair dealing. Copyright Regulations 2017 states that "More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Copyright Act 1968."

Therefore, whether copying a chapter from a book for your university assignment is permissible depends on whether it falls within the bounds of "fair dealing". If the chapter is a "reasonable portion" as defined in the Copyright Regulations 2017, it is more likely to be considered fair dealing. If it exceeds that portion, you need to consider the factors outlined in subsection 40(2) of the Copyright Act 1968 to determine if it still qualifies as fair dealing.