Flexible dealings for special cases

s200AB in the Copyright Act allows for the use of copyright materials without the copyright owners permission in special cases. This provision can only be used if no other exception applies. Cost recovery is permitted, but no commercial advantage may be obtained.

s200AB applies to the following circumstances. It can be used by or on behalf of a:

  • library or archive, for the purpose of maintaining or operating the library or archive;
  • educational institution, for the purpose of giving educational instruction;

In addition, the use must comply with the following three-step test:

  • it is a special case;
  • it does not conflict with the normal exploitation of the work;
  • it does not unreasonably prejudice the legitimate interests of the copyright owner.

Material copied under this section must display the required copyright warning notice.

The use of s200AB needs to be assessed on a case by case basis. If you wish to use this provision please contact the copyright officer.