Copyright and course material distribution: An analysis of key overseas law reviews, reforms and cases and their significance to New Zealand university, institute of technology and polytechnic libraries

Abstract

Research Problem: New Zealand tertiary institutions operate within a difficult copyright environment, where education users’ rights are restricted under the Copyright Act. Overseas there have been copyright developments of benefit to education users. There is a lack of literature examining education copyright exceptions in the New Zealand context, a gap this research addresses. The purpose of this research was to investigate what significance recent copyright developments in overseas jurisdictions may have in relation to educational copying for course material distribution in New Zealand in order for tertiary libraries to better understand, engage with and respond to copyright reform.

Methodology: Qualitative content analysis was conducted of a purposefully selected sample of documents. Relevant law reviews, reforms and court cases were chosen from Australia, the United Kingdom, Australia and the United States. Some historical research was undertaken to place New Zealand within the wider international copyright arena and to establish the applicability of examining developments in the stated countries. This included a discussion of the major copyright treaties.

Findings: The research attests to the global influence of copyright law. Expanded education exceptions have been recommended or implemented to maintain copyright balance in the digital era. Cases have strongly endorsed that fair use and fair dealing exceptions are a user’s right. Education’s centrality to copyright’s utilitarian purpose of promoting the public good is the fundamental reason for the expansion of education users’ rights and favourable court rulings in the countries studied.

Implications: New Zealand tertiary libraries can expect the government to consider international developments during the pending review of the Copyright Act, and tertiary institutions have grounds to lobby for the same user rights as their overseas counterparts enjoy. Should an education exception be enacted, universities, institutes of technology and polytechnics would have the opportunity not to renew the expensive Copyright Licencing Ltd licenses they currently require. Libraries would then need to ensure robust copyright management policies and practices exist in their institutions. If litigation ensued, overseas precedents provide optimism for education users in defending their rights.