Reproduction and communication of internet materials by educational institutions: The need for clarity and certainty

摘要

Part VB, Div 2A of the Copyright Act 1968 (Cth) creates a statutory licensing scheme for the reproduction and communication of works in electronic form by educational institutions. As material downloaded from the internet becomes an increasingly significant component of the resources provided by educational institutions, it is imperative to ensure that this statutory scheme remains effective and relevant. A proper balance needs to be maintained between providing incentives for creativity and ensuring adequate access to information. The article analyses the operation of the scheme, identifies certain areas of uncertainty and inconsistency, and considers an interesting alternative model from the law reform discourse in Canada.