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Main Contents Page
Before you start
STEP 1: STARTING OUT
STEP 2: FINDING
STEP 3: EVALUATE
STEP 4: LEGAL USE
- Plagiarism
What is it?
What is a paper mill?
Consequences
Detection tools
- Copyright
SA copyright law
What is it?
Get legitimate
exemption?
Who is the owner?
How long does it last?
Penalties?
Why get permission?
How to get protection?
What is protected?
What is not protected?
Trademark / patent?
Copyright in the Library?
Internet and e-mail?
Text for class arrived late?
Contact for permission?
Practical tips
Own vs others work
- Quizz
STEP 5: COMMUNICATE

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Copyright

Is there a legitimate exemption for teaching purposes?
The law permits the making of limited numbers of copies
without copyright permission for the following purposes:
Research or personal or private use
For the purpose of research or private study, or for
personal or private use Section 12 (1) of the Act allows the making
of a single copy of a reasonable portion of a work, consistent with
fair dealing. It is generally accepted that the copying of the whole
or a major portion of the work in question is not reasonable and not
compatible with fair dealing. The user may not make the copy available
to others.
Copyright shall also not be infringed for the purposes
of critical review or reporting of current events in a newspaper,
film or broadcast.
Reproduction for Education
Section 12(4) of the Act allows a work to be used without
permission for teaching purposes: "The copyright in a literary
or musical work shall not be infringed by using such work, to the
extent justified by the purpose by way of illustration in any
publication, broadcast or sound or visual record for teaching: provided
that such use shall be compatible with fair practice and that the
source shall be mentioned as well as the name of the author if it
appears on the work."
Multiple copies for classroom use
According to Regulation 2 the reproduction of a work
in terms of section 13 of the Act shall be permitted if "the
cumulative effect of the reproduction does not conflict with the normal
exploitation of the work to the unreasonable prejudice of the legal
interest and residuary rights of the author"
"Cumulative effect" is defined as:
"not more than one short poem, article, story or essay or two
excerpts copied from the same author or more than three short poems,
articles, stories or essays from the same collective work or periodical
volume" and "no more than 9 instances of such multiple copying
for one course of instruction to a particular class during any one
term" may be made without copyright permission.
This can be interpreted as no more than 27 short poems,
articles, stories or essays (but no more than 3 from the same periodical
volume) taken from 9 different works, per term, per course.
However, the following shall be prohibited:
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Copies may not be used to create or replace or
substitute anthologies, compilations or collective works;
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No copies may be made of or from works intended
to be ephemeral, including workbooks, exercises, standardised
tests and test booklets and answer sheets and similar ephemeral
material (note: this does not include material issued by this
Institution for teaching but would exclude the use of another
Institution's material by our staff);
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be used as a substitute for the purchase
of books, publishers' reprints, or periodicals; and
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be repeated in respect of the same material
by the same teacher from term to term.
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