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  • 4.8 Compilations for Public Education
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Copyright Act § 18 allows for the inclusion of literary works and compositions in a compilation used in public education [1]. The original author retains the right to financial compensation. The limitation provision is only a compulsory license, meaning advance permission is not needed. However, the author still retains the right to compensation. The compilation must constitute the work of several authors. Thus, compilations including only a few (2-3) authors cannot be regarded as sufficient. It is not permitted to include works other than literary works, compositions and also images of published works of art. Still images taken from films or games can be considered within the extent of the provision. The provision can be applied in both commercial and non-commercial education.

A compilation used in teaching can include small parts of literary works or compositions or, where the work is not extensive, the entire work, when five years have passed from initial publication. What constitutes a small part of a work must be considered on a case-by-case basis. Factors to consider are the extent of the part included in the compilation and its significance to the whole work. The provision allows for broader quotation of a copyrighted work than described in the Copyright Act. A part of a literary work or musical composition that could be performed as such may not be considered a small part. Also, where works are not extensive, a case-by-case approach should be applied. For example, short poems or compositions may be completely included in a compilation.

The compilation work must be a print product produced by letterpress or similar method. This provision does not allow the preparation of a compilation in digital format. Thus, for example, the preparation of a product to be used in distance learning over the intranet still requires permission from the material's rights holders.

Notes and References

[1] Copyright Act § 18