CAL copyright - published materials

Terms and conditions of the CAL agreement
CAL is a collecting society which represents copyright owners and their agents. The CAL licence permits the making of single or multiple copies from books, periodicals or journals for teaching purposes. 'Teaching purposes' is defined as the distribution of copyright material to students by a teacher in relation to a particular course of study provided by the school. It also includes the distribution of material to teachers in relation to teacher in-service training.

Copying limits under the CAL agreement

Copying limits under the licence apply per person per calendar year. Whether you copy from a book or rewrite the work for inclusion in course materials, the copying limits provide the absolute maximum of a work that can be used. A student taking each subject must only receive as much copyright material as is permitted under the licence in each calendar year. However, as each class is usually taken by a single teacher, it is easier to think of the teacher as 'the person' to whom the limits apply.

1. Periodicals

A periodical is defined as anything that appears in a series of issues, including newspapers, journals and magazines. One article only may be copied from a periodical unless two or more articles relate closely to the same subject matter. For example, two articles cannot be copied from National Geographic because they are on geography, but two articles on the Antarctic could be copied. Likewise, if a series of articles on deserts in Africa, Australia and America appear, they could be copied.

2. Books

No more than 10 per cent or one chapter of a book can be copied. This applies to both text books and other books. A text book means a book intended to be issued to or required to purchased or otherwise obtained by each student in a class in a particular school, or if it is used as a text book in similar courses conducted elsewhere. Any sequence of pages up to 10 per cent may be copied, there is no requirement that the pages run in order. When copying a whole chapter, you can copy over 10 per cent of a book.

3. Anthologies

Anthologies are collections of 'works'.

3.1 Where a work is under 15 pages in length, it may be copied. If you wish to copy any number of separate works which are under 15 pages in length you may still only copy to a maximum of 10 per cent of the book.

3.2 Where a work is over 15 pages in length, an enquiry must be made first to a notified book supplier to find out if the work is separately published. If it is not, the whole of that work may be published. If it is separately published, it may not be copied.

4. Out-of-print works

When a work is out of print, which is defined as not available at the normal price within 6 months for a text book or 28 days for any other book, then you may make as many copies as you require of the entire work.

5. Examinations

Where a copyright work is used either as part of a formal examination question, or in an answer, there is no limit on the amount of that work which may be used.

6. Artistic works

There are two ways you can copy artistic works:

6.1 Artistic works with accompanying text

If you are copying any text within the copying limits, you can copy any accompanying artistic works that explain or illustrate the text.

6.2 Artistic works without accompanying text

If you want to copy a picture from a book, newspaper, periodical, anthology, etc. ask the following questions:

a. Is the picture separately published?

b. As a separate publication, is it available from your usual supplier within 14 days?

If the answer the above two questions is 'No' you can copy the picture on its own without accompanying text provided that you do not copy more than 10 per cent of the work in which the picture is found.

'Separately published' means the artistic work is published on its own as a single work and in a format approximating what you need. This can include maps, posters, photographs, cartoons, illustrations unless they are unavailable for purchase. Most artistic works in books are not separately published.

7. Attribution

Although there is no requirement under the Copyright Act or the CAL Agreement to acknowledge the copyright owner, it is considered to be a matter of professional courtesy to acknowledge the source of copied material. Such acknowledgment also allows the user to trace the full work at a future date if it is required. There are no other marking requirements.

8. The CAL Agreement does not cover:

8.1 The copying of sheet music (see AMCOS Agreement).

8.2 Selling copies to students - copies made under the CAL licence cannot be sold for profit.

8.3 Computer programs and electronic copying.

CAL agreement for schools

Copying limits per person per calendar year

1. Books

• up to 10 per cent of any literary work (e.g. book or poem) or dramatic work (e.g. play) or
• one chapter, whichever is the greater.

2. Periodicals

• one article in each issue of a periodical, such as a newspaper or magazine
• two or more articles in each issue of a periodical provided they relate to the same specific subject matter. For example, two articles on Geography are not related specific subject matter but two articles on the Antarctic would be related specific subject matter.

3. Anthologies/collections of written works

10 per cent of the pages of a collection of literary or dramatic works (eg. collections of poetry, short stories, or extracts from books) provided:
a. the individual literary or dramatic work being copied has not been separately published, or
b. the individual or dramatic work being copied does not exceed 15 pages in that anthology, whether separately published or not.

4. Artistic works

Artistic works with accompanying text
You may copy any artistic works that explain or illustrate a text within the limits of 10 per cent or one chapter.

Artistic works without accompanying text
If you want to copy a picture from a book, newspaper, journal, etc. you have to ask the following questions:
a. Is the picture separately published?
b. As a separate publication is it available from your usual supplier in 14 days?

If the answer is no to either question, you may copy the picture without accompanying text provided you copy no more than 10 per cent of the work in which the picture is found.

5. Out-of-print works

The whole of any artistic, literary or dramatic work if the school has checked with its normal supplier and the work is not available for purchase in 14 days or 6 months for text books, at the price the school would normally pay.