Commercial activities and copyright in Australian universities

With government funding for most Australian universities below 60% and falling a major strategic emphasis for universities has been on securing other sources of operating revenue, including commercial opportunities and partnerships. The implication of increasing commercial activities such as non-award and tailored professional programmes, contract research and consultancies within a university environment raises a number of issues in relation to copyright. This paper will discuss whether the educational provisions (including section 200AB introduced in the 2006 amendments) or the fair dealing provisions within the Copyright Act could be applied if copyright material is reproduced as part of a commercial activity undertaken by a university.