Special Case or Flexible Dealing Exception

If no other section of the Copyright Act can be used to provide for an acceptable use of a copyrighted work, ANU is able to make use of Section 200AB of the Copyright Act under very specific conditions.

In summary, the provision can be used by the ANU Library or ANU Archives providing the following requirements are met:

  • no other exceptions apply
  • the use is for a certain purpose
  • the use is non-commercial
  • the use will not prejudice the copyright holder
  • the use will not compete with, or take profit from, the copyright holder
  • the use is a special case.

It allows for copying which can make material available to staff students and the public. It also contains a provision to support reproduction and communication to staff or students who have a disability that causes difficulty in reading, viewing or hearing the work or other subject-matter in a particular form.

This is a complex section of the Copyright Act, and you should seek advice if you wish to use it.

Flexible Dealing Handbook (PDF 542 KB) is available from the Australian Copyright Council.

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