‘Educational institution’ definition

The education statutory licence allows copying and sharing by entities that are ‘educational institutions’, as defined in section 10(1) of the Copyright Act.

While most schools, universities and TAFEs are covered by agreements with peak bodies (Copyright Advisory Group to the Education Council and Universities Australia), we also have licence agreements with more than 1,000 other education institutions. These include registered training organisations, private colleges, training arms, community colleges and kindergartens: see here.

These institutions can apply for a licence online on our RightsPortal. Our application form asks applicants to warrant that their organisation is an ‘educational institution’ as defined in section 10(1) of the Copyright Act. Here is the current definition:

educational institution means:

(aa)  an institution at which education is provided at pre‑school or kindergarten standard; or

(a)  a school or similar institution at which full‑time primary education or full‑time secondary education is provided or both full‑time primary education and full‑time secondary education are provided; or

(b)  a university, a college of advanced education or a technical and further education institution; or

(c)  an institution that conducts courses of primary, secondary or tertiary education by correspondence or on an external study basis; or

(d)  a school of nursing; or

(e)  an undertaking within a hospital, if the undertaking conducts courses of study or training in the provision of:

(i)  medical services; or

(ii)  services incidental to the provision of medical services; or

(f)  a teacher education centre; or

(g)  an institution with the principal function of providing courses of study or training for any of the following purposes:

(i)  general education;

(ii)  the preparation of people for a particular occupation or profession;

(iii)  the continuing education of people engaged in a particular occupation or profession;

(iv)  the teaching of English to people whose first language is not English; or

(h)  an undertaking within a body administering an educational institution, if:

(i)  the educational institution is of a kind referred to in a preceding paragraph of this definition; and

(ii)  the principal function, or one of the principal functions, of the undertaking is the provision of teacher training to people engaged as instructors in educational institutions of a kind mentioned in a preceding paragraph of this definition, or of 2 or more such kinds; or

(i)  an institution, or an undertaking within a body administering an educational institution of a kind referred to in a preceding paragraph of this definition, if:

(i)  the principal function, or one of the principal functions, of the institution, or undertaking, is the providing of material to educational institutions of a kind referred to in a preceding paragraph of this definition, or 2 or more such kinds; and

(ii)  that activity is undertaken for the purpose of helping those institutions in their teaching purposes.

7 April 2021

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