Are there Copyright exemptions for exams?
Answer
Under section 200(1A), copying or communicating the whole or part of a copyrighted material as part of a question in an exam or assessment does not infringe copyright.
When you use copyrighted material in this manner, it is best practice to add a warning label in the appropriate place.
[WARNING]
Some of/This material has been copied [and communicated to you] in accordance with section 200(1A) of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.
This exception also covers materials that have been modified using AI. For example, a lecturer can ask Copilot to convert to a text into exam questions, or use an AI to remove text from an infographic for students to fill in the blanks.
Note: The exam exception does not apply to practice exams or quizzes.