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Copyright

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Copyright Guide

Guide To Copyright- Your Rights and Responsibilities

Contents

1. INTRODUCTION

The University of Canberra, and all staff and students of the University, are bound by the requirements of the Copyright Act 1968. This guide is designed to set out your rights and responsibilities in relation to copyright in the University. 

Copyright is based on the premise that creative and intellectual effort should be encouraged, protected and rewarded. An idea or concept, in itself, is not protected by copyright. Nor are facts, information, systems, methods or techniques protected by copyright. These are primarily protected through patents. Copyright only protects the way the idea or the information is expressed and available in a material form such as a book, web page or journal article.

What material is covered by copyright?

The Copyright Act 1968 protects the ownership of:

  • Literary works - including books, articles, web pages, emails, poetry, lyrics, databases and computer programs;
  • Artistic works - including illustrations, paintings, photographs, sculptures, engravings, sketches, blueprints, drawings, plans, maps, and buildings or models of buildings; and
  • Subject matter other than works - including sound recordings, films (in all formats), radio and television broadcasts and published editions of works.

Copyright protects the dissemination of these materials in various forms, including print, electronic and cable transmission.

The Copyright Act 1968 gives creators and/or publishers certain exclusive rights over their work. The exclusive nature of copyright enables the owner to take legal action to prevent others from exercising any of these rights and to be awarded damages if a right has already been exercised. In addition, the exercise of a right in copyright by any person who is not the owner may be punished by criminal action including fines or imprisonment.

There are exceptions to the use of another's copyright and these are noted in the section Permissible copying.

Compliance with copyright legislation is an individual as well as institutional responsibility.

In the University of Canberra the coordination of copyright policies and procedures is the responsibility of the Copyright Officer.

2.  STATEMENT OF RESPONSIBILITIES

The University has developed a Statement of Responsibility in relation to copyright, which documents the responsibilities of both the University and individuals in relation to copyright.

The University has a responsibility to:

  • Take reasonable steps to provide information and guidance to staff, students and visitors as to their rights and responsibilities in relation to copyright;
  • Take reasonable steps to ensure the University's corporate publications and information services, policies and facilities meet the requirements of the Copyright Act 1968 and are reviewed and revised as required;
  • Monitor external developments in relation to copyright, especially copyright legislation, to revise and update University policies, practices and documentation to reflect relevant external developments and to take reasonable steps to make staff and students aware of any such developments as appropriate;
  • Develop, implement and support an On-line Resources Register to facilitate the recording of material held in electronic form;
  • Take reasonable steps to ensure the University has the financial, structural and administrative procedures in place to meet its corporate obligations under the copyright legislation and review and revise these as required; and
  • Take reasonable steps to ensure the University responds in an appropriate manner to any alleged breaches of copyright legislation brought to the attention of authorised officers of the University or to which officers become aware.

Individuals have a responsibility to:

  • Take reasonable steps to be aware of their rights and obligations in relation to copyright;
  • Fulfil any legal or administrative responsibilities they have as an officer of the University, in relation to copyright;
  • Adhere to the requirements of copyright legislation;
  • Adhere to University policies, practices and procedures in relation to copyright, including the use of the University's On-line Resources Register; and
  • Report any alleged breaches of copyright of which they are aware to the appropriate University authorities.

 3.  THE RIGHTS OF COPYRIGHT OWNERS

Owners of copyright have exclusive rights to do certain things with their material, as set out below. The type and extent of the rights differ according to the type of material protected but equally cover material whether in print or electronic (digital) form. The two most traditionally important rights are the rights to copy (reproduce) and to publish the material. The Copyright Amendment (Digital Agenda) Act 2000 expanded these rights to include the right to communicate the material to the public. This means to make it available online or to transmit it electronically. Rights include:

  • Literary, dramatic and musical works: the right to reproduce, publish, perform in public, communicate the work to the public and make an adaptation of the work (includes translation and dramatisation);
  • Artistic works: the right to reproduce, and to communicate the work to the public;
  • Cinematograph films: the right to make a copy, communicate the work to the public, cause it to be seen in public;
  • Sound recordings: the right to make a copy, communicate the sound recording to the public, cause it to be heard in public;
  • Broadcasts: the right to re-broadcast and to communicate to the public other than by broadcasting, make a film of a television broadcast and a sound recording of a sound broadcast;
  • Published editions: the right to reproduce;
  • Computer programs: the right to reproduce.

Owners of copyright can assign (i.e. transfer ownership) their rights to others or licence (i.e. permit) others to use the material while retaining the copyright ownership. This can apply to all rights or only some rights (e.g. assign the right to publish in print form but retain the right to publish in electronic form). A copyright owner may restrict an assignment or licence to particular countries or to a period of time, or both. (It is advisable for all agreements relating to the assignment or licence of copyright to be in writing.) (Refer also to the section Moral Rights.)

4.  YOUR COPYRIGHT

4.1  General conditions

In Australia, you have copyright protection on your own work from the time of creation, as long as it results from the creator's skills and effort and is not simply copied from another work. That is, it is your original work. It is neither necessary nor possible to register a work to claim copyright. Unpublished works, for example manuscripts and drafts, as well as published works, attract copyright protection.

International treaties protect nearly all foreign copyright owners in Australia and Australian copyright owners overseas.

Creators often include the standard copyright notice in their published works consisting of the international copyright symbol, followed by the name of the copyright holder and the date of first publication. However, this notice is not required to claim copyright, although it is useful for protection in a small number of overseas countries and for identifying the copyright owner.

© University of Canberra. 2008

The owner of copyright may not always be the author or maker of the copyright material. The owner may also be an employer, a person commissioning a work, the maker of a sound recording, producers of films and persons to whom the original owner has assigned the copyright. Copyright may also be inherited.

(Copyright is one of a series of intellectual property rights resulting from intellectual activity in the academic, industrial, commercial, scientific, literary and artistic fields. In addition to the works covered by copyright legislation, intellectual property rights cover such items as plant varieties, patents, designs, trade marks, trade secrets and circuit layouts. Refer to the University's policy on Intellectual Property.)

4.2  Creating web sites and publishing on the Internet

The ownership of copyright of a web site may be more complex than a printed work as there may be different copyright owners of different elements - design, graphics, text, music, software etc.. If you are arranging for a person to design a web site on your behalf ensure your agreement clearly indicates who owns the copyright of each element and that you are able to use any copyright material in the way you anticipate before incorporating it as part of the site.

In an attempt to protect material you have included on the web site you should at least have a statement about copyright on your site. It may be useful for there to be an easily recognisable link to the statement from each page of the site.

There is not a standard statement but it is advisable that any statement include the following:

  • who owns the copyright (of each element if there are different owners);
  • what the copyright owners permit and do not permit visitors to the site to do with material on the site; and
  • who to contact if someone wants permission to copy material on the site.

You may also want to consider technological means of inhibiting unauthorised copying such as requiring a password to download material from the site, or encoding information in the material on the site.

5. DURATION OF COPYRIGHT

The duration of copyright varies according to the type of material and whether or not it is published. A general rule is 70 years from the death of the creator. (Note: This was increased from 50 years as a result of the Australia/United States Free Trade Agreement which came into effect on 1 January 2005.) More specifically:

  • Literary, dramatic, musical works
    • Published - generally lasts 70 years after the death of the creator.
    • Unpublished - lasts indefinitely in a work that has not been published, performed in public, broadcast or sold as a recording during the life of the author.
  • Artistic works
    • Published - in the case of photographs taken before 1 May 1969 it is 50 years from the end of the year in which it was taken. After 1 May 1969 it is 70 years from the year of first publication.
    • Unpublished - 70 years after the end of the year in which the artist dies, except for unpublished engravings which last in perpetuity.
  • Sound recordings and films
    • 70 years from the end of the year of first publication.
  • Radio and television broadcasts
    • 70 years from the making of the broadcast.

6. PERMISSIBLE COPYING: Copying or communicating copyright material

Copying or communicating is permitted in some circumstances without infringing the Copyright Act 1968 and the rights of copyright owners. There are also some defences to infringement which educators can rely on which are not available to the community at large.

There is no copyright infringement if:

  • the material has been supplied to the University with an express licence to copy and/or communicate;
  • you obtain permission from the relevant copyright owner;
  • the proposed copying and/or communication falls within any of several exceptions in the Copyright Act 1968 that allow limited amounts of copying and communication without payment; or
  • the copying and/or communication is covered by the "statutory licence" for copying and communicating print and graphic material in universities.

The following sections of the guide will help you decide whether your proposed copying or communication falls within one of the exceptions to the Act or within the statutory licences. If it does not, you must not make the copies, or communicate the work, without first consulting the University's Copyright Officer.

6.1 Permission from the copyright owner

The owner can give permission for the act, such as copying, either in a general or a specific sense. Permission is best obtained in writing, detailing what is to be copied, how much and for what purpose and the permission retained on record. Seeking permission may take considerable time and the owner may charge a royalty fee for the use of the work. Failure to follow the provisions of the Copyright Act 1968 could jeopardise the reputation of the University, lead to substantial fines and even litigation to recover damages.

It is important to note that the mere fact that a person is the author of work does not mean that he or she retains copyright. This may have been assigned to the publisher of the work.

In some cases "permission" is purchased with the product. Universities, particularly university libraries, enter into licence agreements with the owners of copyright material. University libraries lease access to databases and electronic journals. In the first instance, these licences are subject to contract law. In many cases they contain clauses covering the copying of material that exclude the jurisdiction of the Copyright Act 1968. In the absence of such clauses, the Copyright Act 1968 applies. Information on copying conditions are normally available on the database or database indexes. If not, seek the advice of staff in the University Library.

6.2 Exemptions permitting copying

The Act allows certain uses of copyright, free of charge, without the permission of the copyright owner.

6.2.1 Fair dealing

  • 'fair dealing' for the purpose of, or associated with, an approved course of study or research by an enrolled student or researcher of an educational institution:
  • Fair dealing allows the making of a single copy from a book, of up to one chapter, or 10% whichever is the greater: and the whole of one only article in a periodical publication (i.e. one from each issue);
  • 'fair dealing' for the purposes of criticism or review. This exception allows reviewers to make a fair use of copyright material provided they acknowledge the work.

6.2.2 Multiple copying of an insubstantial portion

This allows the making of multiple copies by educational institutions of very small portions (two pages or 1% of a work, whichever is the greater) of literary and dramatic works. NB: The whole of the work cannot be copied, even if less than two pages.

Note the following provisos:

  • Copying or communicating the whole of a work will never fit within the insubstantial portion exemption. Accordingly, copies and communications of an entire article in a periodical publication, or the entire text of a pamphlet, cannot fall within the exemption;
  • The passage copied must be continuous, not made up from different parts of the work;
  • The exemption does not apply at all to artistic or musical works, and radio and television broadcasts. The copying of cartoons (and possibly graphs), as well as sheet music, will therefore fall outside the exemption;
  • The copying or communication must be carried out on the premises of the University;
  • A period of more than 14 days must elapse before a person relying on this provision can seek to copy any other part of the same work in reliance on it; and
  • Any parts of a work previously made available online in reliance on the insubstantial portion provision must be taken down before a person can make another part of the work available in reliance on this provision

The sections do not require that copying or communication done pursuant to the section include an acknowledgment of source. However, in any infringement action, the University will be better placed if it can substantiate the source. The need to take account of the right of attribution introduced by the moral rights changes to the Copyright Act 1968 will mean that it is important to attribute author and source wherever practicable in any case.

6.2.3  Copying for examinations

Literary, dramatic, musical and artistic works are able to be copied without infringement as part of a question to be answered in an examination, or in an answer to such a question. There are no quantity restrictions and there is no need to acknowledge the source. This exception applies to copies only, not communications.

If an exam is subsequently communicated (for example made available online, or emailed to students in following years), it is done so under the provisions of the educational licence Part VB and the usual restrictions will apply.

6.2.4 Copying by libraries

Libraries have special conditions allowing copying in an extended range of circumstances. However, these provisions relate to authorised copying by the library for the purposes of including material in the collection or providing copies to other libraries. It does not cover all copying in libraries by any persons.

6.2.5 Caching

The Copyright Amendment Act 2006 allows educational institutions, including universities, to cache material for efficiency purposes without infringing copyright.

7. STATUTORY FEE-PAYING LICENCE

The Copyright Act 1968 allows limited use of copyright without the permission of the copyright owner for educational purposes (including specific provisions for assisting people with disabilities), subject to payment being made to the owner. This type of exemption is called a 'statutory licence' and the University has a number of such licences.

These licences, often distinguished as Part VB and Part VA after the relevant sections of the Copyright Act 1968, are administered by the Copyright Agency Limited (CAL) and Screenrights, who represent copyright owners. They allow licenced copying and communication of copyright materials for educational purposes without having to seek explicit permission from copyright owners.

Educational purposes includes the following uses:

  • to teach students of the University;
  • making the copy available to students, or communicating to students, as part of a course of study at the University;
  • retention of a copy as a University teaching resource (in office, School or library); and
  • for the administration of students and courses.

There are a number of general conditions for copying under Statutory Licence:

  • The 'reasonable portion' guidelines must be observed when reproducing or communicating teaching material;
  • Online access to the material should be restricted to University of Canberra staff and students only;
  • In the case of electronic materials, only one portion of a work may be available across the whole campus at one time, regardless of intended audience. This university-wide restriction applies to all text and graphic works, with the exception of journal articles. The Online Resource Register has been developed to manage this;
  • Warning notices must appear with all electronic (digital) reproductions of the material;
  • The source must be appropriately referenced; and
  • Materials may be sold on a cost recovery basis only

7.1 Reproduction and communication of text and graphic works - Part VB

This licence allows the reproduction and communication of text and graphic works for the educational purposes of the University. It covers all copying of print and graphic works - photocopying, copying to slides, microfiche or overhead transparencies, scanning into electronic form and copying from the internet.

There are two parts to this licence, depending on the use you make of the material you are reproducing:

  • One part covers copying and multiple reproduction of text and graphic works taken from hardcopy or digital format (eg the Internet) into print - usually course material. Details of how to comply with the conditions of this part of the licence are given in the section on the hardcopy scheme;
  • The other part of the Licence manages text and graphic works taken from either hardcopy or digital format which is made available or communicated electronically.

7.1.1  Hardcopy scheme

This section covers copying from either hard-copy (print or paper) or electronic (digital or internet) form, and distributing it as print or hardcopy.

How this section of the licence may be applied:

  • Multiple copies of a journal article can be copied and handed to each student in a face-to-face teaching situation;
  • Material from journals, books or web pages is sent to students as teaching bricks;
  • Whole copies of out-of-print works are copied and made available to students on a cost recovery basis; and
  • Teaching resources from electronic journals, web pages and books are sold to students on a cost recovery basis.

There are several conditions to meet to conform with the Licence requirements. These are listed in dot points here and covered in more detail below:

  • The 'reasonable portion' guidelines must be observed;
  • The source must be appropriately referenced; and
  • Materials may be sold on a cost recovery basis only and made available only to those entitled to receive it.

The 'reasonable portion' guidelines which must be met are:

  • Periodicals:

One or more articles in each issue of a periodical publication (such as a newspaper or magazine) relating to the same specific subject matter.

  • Books:

Up to 10% or one chapter, whichever is the greater.

  • Anthologies:

Any work in a collection of works provided

(a) the work being copied has not been published separately; or

(b) whether a work is published separately or not, it does not exceed 15 pages in length.

  • Out of Print Works:

Up to the whole of any work if the University has checked with its supplier that the work is not available for purchase within fourteen days (or six months for text books) at the price the University would normally pay.

The 'out of print works' provision can also be used to reproduce an illustration, cartoon, photograph, map etc which appears in a text, but which has also been published separately. If the separately published 'edition' of the work is not available, as above, then the whole of the 'work' can be reproduced.

Copying under this Statutory Licence scheme applies only to copying for the purposes of study or research for students who are taking recognised courses. It is necessary to record on the front page or cover of all licensed copying the following:

Copied on [date] on behalf of the University of Canberra pursuant to Part VB of the Copyright Act 1968 as amended.

7.1.2 Electronic copying and communication

This section is concerned with electronic copying and communication only and covers copying from either hard-copy (print or paper) or electronic (digital or Internet) form, and communicating it, or making it available, electronically.

How this section of the licence may be applied:

  • Material from journals, books and web pages is compiled and sent out to students on a CD;
  • Articles from journals are emailed to students in a particular unit; and
  • Teaching resources from electronic journals, web pages and books are put on the web for students to access.

There are several conditions which must be met to meet the Licence requirements. These are listed in dot points here and covered in more detail below:

  • The 'reasonable portion' guidelines must be observed;
  • Only one portion of a work may be available at one time, regardless of intended audience. This university-wide restriction applies to all text and graphic works, with the exception of journal articles;
  • Online access to the material should be restricted to University of Canberra staff and students only;
  • Warning notices must appear with all digital reproductions of the material;
  • The source must be appropriately referenced; and
  • Materials (e.g. CDs) may be sold on a cost recovery basis only.

Items made available to students electronically need to be registered for copyright compliance on the Online Resources Register.

Limits on the amount that can be copied and communicated

The amount of a particular item can be copied and/or communicated in the electronic environment (a 'reasonable portion') depends on the format of the original material.

When copying from hard-copy (print or paper) to electronic (digital) form - for example to scan a chapter of a book or a journal article into digital form - the following limits apply:

  • Articles contained in a periodical publication: the whole or part of one article can be copied. Two or more articles contained in the same periodical publication can be copied if they relate to the same subject matter (this needs to be interpreted narrowly).
  • Literary or dramatic work contained in a published anthology, and comprising not more than 15 pages of the anthology, the whole or part of that work can be copied. An example would be an essay contained in an edited collection of essays.
  • All other copying of literary, dramatic and musical works, a "reasonable portion" of the work can be copied. Where a literary, dramatic or musical work which is published as a published edition (for example, a book or play) is copied, then provided no more than 10 per cent of the pages in the edition, or one chapter (whichever is more), is copied, the amount will be taken to be a "reasonable portion." More than a "reasonable portion" can be copied if the person doing or requesting the copying is satisfied, after reasonable investigation, that copies (other than second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
  • Artistic works and images which are embedded in text for the purpose of explaining or illustrating the literary work (incidental artistic works), can be copied along with the text following the guidelines of reasonable portions applicable there. Artistic works (other than incidental artistic works) that are in hardcopy form can be copied without further inquiry provided you are sure that they have not been separately published. If an artistic work in hardcopy has been separately published, it can only be copied if the person who makes the copies or causes them to be made has satisfied himself or herself, after reasonable investigation, that copies (other than second hand copies) cannot be purchased within a reasonable time at an ordinary commercial price.

If the work being copied or communicated is already in electronic form - for example an electronic journal article or a page from the Internet that you are emailing, or making available online, to your students - the following limits apply:

  • Articles contained in a periodical publication: the whole or part of one article can be copied. Two or more articles contained in the same periodical publication can be copied if they relate to the same subject matter (this needs to be interpreted narrowly). Important: This applies only to e-journals that are freely available on the Internet. Articles obtained via subscription or library databases are to be used under the conditions of the licence agreement entered into.
  • Musical works: 10 per cent of the work (unless the work has been separately published and the person who makes the reproduction is satisfied, after reasonable investigation, that the work is not available in electronic form within a reasonable time at an ordinary commercial price).
  • Artistic works: If the image or artistic work you wish to copy is available in electronic form, and the copy you are making is from the electronic form, you can copy or communicate the work in reliance on the Part VB licence without the need to inquire into whether it is available for purchase. Incidental artistic works can be copied separately without the need to make the inquiries required when copying from print format. The exception is if you have accessed the work from a commercially produced CD-ROM or have clicked 'I Agree' on a web site, in which you are bound by the conditions of access.
  • A "reasonable portion" of literary or dramatic works can be copied. The Act deems that where an electronic copy of a literary or dramatic work which is published as a published edition (for example, a book or play) is copied, then provided no more than 10 per cent of the words in the edition, or, if the work is divided into chapters, one chapter (whichever is more), is copied, the amount will be taken to be a "reasonable portion." If you take more than that, it generally will not be a "reasonable portion", unless the person doing or requesting the copying is satisfied, after reasonable investigation, that copies (other than second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

There are no limits to the amount which can be copied in reliance on Part VB if the material is out of print. It is also permissible to copy more than 10 per cent of a work if the person who is doing the copying is satisfied, after reasonable investigation, that the work is not available within a reasonable time at an ordinary commercial price ? s 135ZL(2). (If the work being copied is in electronic form, the test is whether the work is unavailable in electronic form within a reasonable time at an ordinary commercial price ? s 135ZMD (2).)

Campus-wide restrictions

An important limitation on the communication of works is that if a university wishes to make available online a reasonable portion of a work (other than an article contained in a periodical publication) it can only do so if no other part of the same work continues to be made available electronically at the same time. In other words, if one unit convenor has copied a chapter of a particular work, and made this available on-line, no other person in the University can make part of the same work available on-line in reliance on the Part VB licence until this first part is taken down. The same part also cannot be made available on a different server or WebCT site while the first copy is still accessible. Failure to comply with this limit will result in loss of the licence for the second (and subsequent) portions of a work made available on-line.

The University has developed the Online Resources Register to record all such works and facilitate staff identifying if another portion of a work is already available.

Warning Notices

Each licensed communication must contain the following, prominently displayed, notice:


COMMONWEALTH OF AUSTRALIA
Copyright Act 1968
WARNING

This material has been reproduced and communicated to you by or on behalf of the University of Canberra pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this commnication may be subject to copyright under the 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 notice must be prominently displayed on each electronic copy made in reliance on Part VB and whenever a copyright work is communicated (i.e

made available on-line or electronically transmitted by email, or viewed on CD-ROM) in reliance on Part VB. It must appear either before or at the same time as the material being communicated appears on the screen.

7.2 Copying from radio and television- Screenrights

The Screenrights or Part VA licence has four essential provisos. These are:

  • the copying must be done off-air;
  • the copy can only be used for educational purposes;
  • the copy must be marked; and
  • the copying must be reported.

7.2.1 Off-Air Copying

The arrangement allows the recording and using of radio and television programs, but conditions still apply. The broadcasts copying scheme only relates to:

- the copying of programs directly from radio or television; and

- broadcasts which have been made available online by the broadcaster, including podcasts of broadcasts; and

- the making of duplicate copies of the off-air programs.

NB: It is not permitted under the scheme to copy pre-recorded material such as commercially purchased, or hired, video cassette, CDs, tapes or records.

There are no limits on the type of program that may be copied or the number of copies that may be made (whether directly off-air or duplicated from the first off-air copy). Programs may be copied off-air even if the program is available for purchase on video cassette. Whole programs may be copied as there is no limit on the amount copied, as there is for print copying.

As long as the off-air copies are made for, or on behalf of the University, it is irrelevant who actually makes the copy. For example, it could be made by an academic, administrative staff member or student. Further, the copy need not be made at the University itself but could be made at home. (See paragraph 7.2.3 about marking of copies.)

7.2.2 Educational Purposes

Single or multiple copies from radio or television may be made solely for the educational purposes of the University, or for another educational institution which is part of the licence agreement. The term "educational purposes" includes being made in connection with a particular course of instruction provided by the University or for inclusion in the collection of the University Library.

A copy may be loaned to a student or member of staff of the University. However, the University must not loan copies made under the scheme to anyone else, including other educational institutions. The University is able to make a duplicate copy of the original off-air copy and provide that to another educational institution on request. Copies are not to be sold or otherwise supplied for a financial profit.

7.2.3 Marking of Copies

All tapes/discs made, or the containers in which they are kept, must be marked. The mark should show the name of the University for which the copy was made, a reference to Part VA of the Copyright Act 1968, the date on which the program was broadcast and the date the copy was made (if different). For example:

The name of the institution for which the broadcast was copied

Made for the University of Canberra - Part VA, Copyright Act 1968

The day on which the copying was carried out 30 April 2011
The title, or other identification, of the program or programs included in the broadcast Four Corners - Media ownership
The name or call sign of the broadcasting station that made the broadcast ABC2
The day on which the broadcast commenced 30 April 2011
The time when the broadcast commenced 8.30pm

The number of copies made of the broadcast

1

Digital copies (CD, DVD) of broadcasts made under the scheme, or any container in which the copy is kept, including reproductions made from that copy, such as those that you may send out to your students should also be labelled. Where that is not possible, a file needs to be kept with the details required for the label so that the information can be used if required, particularly during sampling.  Copies sent to your students should also include a warning notice (below).

Warning Notice
The recording may be communicated either by email, or from a secure web site. Each electronic or digital copy, which is communicated under Part VA, must contain an electronic warning notice incorporating the following information:


COMMONWEALTH OF AUSTRALIA
Copyright Act 1968
WARNING

This material has been copied and communicated to you by or on behalf of the University of Canberra pursuant to Part VA of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright or performer's protection under the Act.

Do not remove this notice. 

8. COMPUTER PROGRAMS

Copyright with respect to computer programs is very strict. The University does have some licences which permit the multiple use of a single program or applications, but these are extremely limited. For most commonly used applications the licence, which comes with the software, only allows one backup copy to be made and possibly only one user at a time to use the application. Infringement of these licences can result in considerable legal penalties for both the user and the University. The basic rule is do not copy, or allow others to copy software, unless you have checked with ICT Services and are absolutely sure you are entitled to do so. The University may also take separate action against students and staff who deliberately infringe computer software copyright, or allow infringing copies to be held on University equipment.

9.  DIGITAL COPYING (ELECTRONIC MATERIAL AND COPYING FROM THE INTERNET)

The Copyright Amendment (Digital Agenda) Act 2000 ensured that the provisions of the Copyright Act 1968 extended to electronic information, including e-mail, Internet sites and CD content.This extension is reflected in the information provided in this guide.

It is important to realise that material on the Internet is not necessarily in the so-called 'public domain', implying it is 'copyright free' and able to be freely copied and communicated. Unless otherwise explicitly indicated in the material, all material should be treated as under the protection of copyright legislation.

 9.1  E-mail

E-mails attract copyright as do other works. However, an e-mail would normally need to be circulated to the "public" to breach the Copyright Act 1968. Circulation to a list may constitute the public.

Apart from copyright, other factors to consider before circulating an e-mail are privacy and confidentiality of information.

10.  COPYING LEGAL MATERIAL

10.1  Commonwealth material

The Commonwealth Government allows the copying of certain legal materials for educational purposes. Subject to the conditions below, the licence allows multiple copying of specified amounts from electronic and hard copy sources, and includes delivery by electronic methods.

Conditions relating to the copying are:

  • The copying must be for teaching or research purposes or, in the case of people with a print or intellectual disability, for research or study;
  • If sold to students, the charge must not exceed the cost of making and supplying the material;
  • A record needs to be kept of all copies made under this licence;
  • If you retype or scan an item, the reproduction must be accurate and in context, and the source must be identified accurately;
  • Material copied under this licence must be accurately identified, must acknowledge the Commonwealth as copyright owner and include a disclaimer regarding the accuracy of the material copied;
  • Material reproduced under the Commonwealth notice must include the following notation:

These materials are copied
[for the teaching/research purposes] or
[to assist a student with a disability]
for the University of Canberra under Commonwealth licence.

Under this licence, you are not permitted to copy privately owned copyright material associated with a judgment or embodied in other material, or to copy a published edition of a judgment or other material in which the copyright is held other than by the Crown (e.g. a law report published by Butterworths).

The amounts that may be copied are:

  • any amount from Hansard;
  • any amount of a judgment of Commonwealth or its Territories (apart from the Northern Territory) courts or tribunals;
  • 30% of the number of pages of whole Commonwealth and its Territories (apart from the Northern Territory) Bills, Explanatory Memoranda, Acts, Statutory Rules, and Ordinances and Regulations. If official copies are not commercially available within reasonable time (they usually are) you may copy more, including the whole item; and
  • 10% of the number of pages of whole reports of Commonwealth law reform bodies and of Commonwealth Parliamentary Papers relevant to an understanding of a Commonwealth or Territory law. If official copies are not commercially available within reasonable time you may copy more than 10%, including the whole item.

10.2  High Court material

The High Court of Australia allows digital or hard copy reproduction and distribution of their copyright material for educational purposes.

The conditions relating to this use are:

  • acknowledgement must be as follows: 'Copyright, High Court of Australia' (in they must be reproduced without textual alteration;
  • they must be reproduced in context (in the case of extracts of documents); and
  • the case of written material produced by the Court or its officers) or 'Courtesy High Court of Australia' (in the case of photographic or artistic material).

It is important to ensure that when copying High Court judgements you use the High Court web-site (rather than published law reports) if this licence is to be relied upon. If you copy from published law reports, this would have to be reported under the Part VB sampling scheme, as there is copyright in the headnotes, published edition etc.

10.3  Australian Capital Territory material

You may copy for any purpose any ACT legislation from the ACT Legislation Register (http://www.legislation.act.gov.au/) provided:

  • that the ACT Government crest is not reproduced in the publication;
  • that the ACT retains the copyright; and
  • that any publication of material is accurately reproduced in the proper context and is of an appropriate standard.

In relation to ACT Supreme Court judgements, you may download, display, print, copy and distribute material on the Supreme Court's website in unaltered form only, for your personal use, educational use or for non-commercial purposes within the University provided the copyright to such material is attributed to the Supreme Court of the Australian Capital Territory.

Except as permitted above you must not copy, adapt, publish, distribute or commercialise any material on this site without the permission of the Supreme Court. Requests for authorisation should be directed to:

The Registrar,
Supreme Court of the Australian Capital Territory,
GPO Box 370,
Canberra, ACT, 2601.

The position for decisions of the ACT Magistrates Court and the ACT Tribunals is the same, except that copyright is owned by the ACT Law Courts and Tribunals and permission should be sought from:

Courts Administrator,
ACT Law Courts and Tribunals,
GPO Box 370,
Canberra, ACT, 2601.

10.4  New South Wales material

You may copy for any purpose any NSW legislation provided that you reproduce it accurately, in proper context and to an appropriate standard, and that you identify its source accurately.

Note that only legislation is covered by this licence and it allows reproduction and delivery by hardcopy or electronic means 

10.5 Single copies of Statutory instruments

Section 182A of the Copyright Act 1968 permits one reprographic reproduction (photocopy) to be made of the whole or part of a 'prescribed work'. The copy may be made by or on behalf of a person for a 'particular purpose'. Although 'particular purpose' is not defined, 'prescribed work' is, and under this Section means:

(a) an Act or State Act, an enactment of the legislature of a Territory or an instrument (including an Ordinance or a rule, regulation or by-law) made under an Act, a State Act or such an enactment;
(b) a judgment, order or award of a Federal court or of a court of a State or Territory;
(c) a judgment, order or award of a Tribunal (not being a court) established by or under an Act or other enactment of the Commonwealth, a State or a Territory;
(d) reasons for a decision of a court referred to in paragraph (b), or of a Tribunal referred to in paragraph (c), given by the court or by the Tribunal;
or
(e) reasons given by a Justice, Judge or other member of a court referred to in paragraph (b), or of a member of a Tribunal referred to in paragraph (c), for a decision given by him or her either as the sole member, or as one of the members, of the court or Tribunal.

In order to identify reliance on this section of the Act, material copied for or on behalf of others, should be identified with the following note "Copied under Section 182A of the Copyright Act 1968 "

11.  MORAL RIGHTS

The Copyright Amendment (Moral Rights) Act 2000 came into force on 21 December 2000. The Act gives comprehensive moral rights to individual authors and creators. The author or creator may not be the owner of the copyright and, unlike copyright, the moral rights cannot be assigned to another party. Moral rights may be waived, but only in writing. Moral rights are only available to individuals, not companies or institutions.

The Act provides for three moral rights:

  • Attribution of authorship: an author's right to be identified as the author or creator of a work;
  • Integrity of authorship: the right of an author or creator to object to derogatory treatment of their work; and
  • The right of an author or creator not to have authorship of a work falsely attributed.

12.  SCREENING FILMS AND VIDEOS IN CLASS

Under the Copyright Act 1968, permission is generally not required from copyright owners to screen a film or video in class, provided:

  • the screening is part of a course offered by the University and not for entertainment;
  • all the people in the audience are part of the course; and
  • the course is 'not-for-profit'.

(In some cases, the terms and conditions applying to the purchase or hire of films or videos may mean you would be breaching a contractual licence by screening the film or video in class, even though you are not infringing copyright. For example, videos and DVDs that have been hired from video rental shops using a private borrowing card must not be used other than for private home viewing.)

13. MUSIC

13.1 In 2005 the Australian Vice-Chancellors Committee and a number of music collecting societies signed an agreement relating to the copying of music in universities. The University of Canberra is party to this licence agreement. The licence permits:

  • making audio recording in any format for and of University Events, and providing to students for class related use;
  • making video recordings in any format for educational purposes either for or of University Event, or as part of course instruction;
  • synchronising audio and video recordings for educational purposes;
  • communicating and transmitting music on hold;
  • performing in public sound recordings for educational purposes and University Events; and
  • performing music in the workplace.

13.2 There are a number of significant limitations in relation to this licence:

  • the licence permits copying of music by the University the University can copy for the educational and research needs of students but students cannot copy under the licence;
  • the licence covers only those works included in the repertoires of the societies which are party to the agreement. You may search the repertoires of the two musical works societies on their joint web sites:
    * APRA and AMCOS ( http://www.apra.com.au/default.asp )
  • copies can only be made from a legitimate source copy (eg. CD);
  • copies can only be made for educational and research purposes, not commercial (student associations and unions cannot utilise this agreement they require separate commercial licences);
  • copies of University Events (eg. graduation or lunch time performance) are permitted only when there is no box office. (Box office events are commercial);
  • sound recordings may be accessed (ie. listened to) via a secure intranet but not downloaded. Universities may upload or archive to a secure intranet. Internet communication is not permitted;
  • musical scores are not covered by the licence copying is restricted to ten per cent of a score under separate copyright agreements and provisions;
  • broadcast musical work and sound recordings are not covered by the licence; and
  • Grand Rights (ie. major musicals and similar) are not covered by the licence.

13.3          Labelling

All copies made under this licence must have the following information on the packaging or item itself:

This recording has been made by the University of Canberra under the express terms of an educational licence between it, ARIA, AMCOS, APRA and PPCA and may only be used as authorized by the University of Canberra pursuant to the terms of that licence

and the following information items:

  • title of each musical work
  • name of each composer, lyricist and arranger of the musical work;
  • if ARIA sound recording, the artist/group name, and the record company label.

(Note: In some cases the practicality of such labelling offers a challenge for universities. This issue is being investigated with the societies.)

13.4          Survey

Similar to both the CAL agreement for print and electronic copying, and Screenrights agreement for broadcast copying, the agreement provides for a regular survey to assess what is copied and how much to facilitate the remuneration of copyright owners. Such a survey will be organised through the University's Copyright Office but will be dependent on staff ensuring the appropriate records are maintained.

14. ONLINE RESOURCES REGISTER

An important limitation on the communication of works in electronic form is that if the University wishes to make available online a reasonable portion of a work (other than an article contained in a periodical publication) it can only do so if no other part of the same work continues to be made available electronically at the same time. In other words, if one unit convenor has copied a chapter of a particular work, and made this available on-line, no other person in the University can make part of the same work available on-line in reliance on the Part VB licence until this first part is taken down. The same part also cannot be made available on a different server or WebCT site while the first copy is still accessible. Failure to comply with this limit will result in loss of the licence for the second (and subsequent) portions of a work made available on-line.

The University has developed the Online Resources Register to record all such works and facilitate staff identifying if another portion of a work is already available.

15. UNIVERSITY MATERIAL - WHO OWNS COPYRIGHT?

A range of materials, both print and electronic, is commonly produced by staff and students as part of their relationship with the University, and attracts copyright protection. The following list provides guidance on who "owns" the copyright in the materials in the particular circumstances noted. Please note that while the University has used its best endeavours in compiling the list, the list is not exhaustive and the information is for guidance only.

  Staff materials - Teaching:

 Lecture notes created as part of a lecturer's employment at the University - Text - University (Under the University's Policy on Intellectual Property the University grants the creator a licence to use the material in specified circumstances)

  • Lecture overheads, data displays or Power Point displays created as part of a lecturer's employment at the University - University (Under the University's Policy on Intellectual Property the University grants the creator a licence to use the material in specified circumstances)
  • Lectures - Broadcast - Holder of the broadcast licence (ie. University - Under the University's Policy on Intellectual Property the University grants the creator a licence to use the material in specified circumstances)
  • Course and subject outlines - University
  • Course and subject reading lists - University
  • Exam papers - University
  • Subject reading bricks - University has copyright in the compilation (Copyright for individual items will be held by various creators and publishers)
  • Internet or WebCT subject site - Individual contents - Individual copyright creators or publishers

 (Note: If the University commissions a person to produce a teaching package, the University may assert its right to copyright in the material.)

 Staff materials - Research:

 Books - Author (Creator)

  • Journal and newspaper articles - Author (Creator)
  • Reports produced specifically at the request of the University - University

 Staff materials - Administrative:

  • Memos and reports generated as part of a staff members employment - University
  • Staff notices, policies, procedures, documentation etc. produced for the University as part of a staff members employment - University
  • Photographs taken for, and illustrations/designs created for, University publications or electronic services (eg. UC Online) - University

Students:

Assignments, tests and essays - Student (Creator)

  • Exam answers - Student (Creator)
  • Theses - Student (Creator) (Under the University's higher degree rules the University retains some rights to copy and distribute copies of University theses. This may include providing copies of theses to third party companies, which distribute copies of the thesis on-demand, or digitising a thesis and making it available on a University web site.)
  • Tutorial - Presentation - Student (Creator)
  • Work experience or internship reports - Student (Creator)

Internet site:

  • Overall design - University
  • Contents - Corporate information - University
  • Subject site - Individual contents - Individual copyright creators or publishers
  • Subject site - Course and subject outlines and reading lists - University
  • Personal home page - Creator

16. ACKNOWLEDGEMENT OF THE USE OF COPYRIGHT MATERIAL

It is important to give acknowledgment to the original source and authorship of any material used in teaching and in writing staff and student papers. It is a matter of proper scholarly practice as well as a legal requirement under the Copyright Act 1968. This includes quotations from original source material. Where the use of material is substantial this acknowledgment information should include:

  • author or creator's name;
  • copyright holder and address;
  • exact details of source materials;
  • original publisher and full address; and if required,
  • a note signifying that permission has been granted.

17. CORRESPONDENCE AND PERMISSIONS

All staff are requested to forward to the Copyright Officer any correspondence from authors or publishers regarding permission to copy, special licences, exemptions and remuneration. No agreement should be made with an author or publisher on any matter relating to copyright without approval. In particular, no claim for payment for the reproduction of copyright material should be paid by any member of the University.

18. NOTICES

Under the provisions of the Copyright Act 1968, notices must be placed above all copiers and printers advising users of their responsibilities in relation to copyright. The wording, format and size of the notice are specified in regulations to the Act. Details of the requirements are available from the Copyright Officer.

Special notices are required in libraries and archives. Under section 39A of the Act notices are required in close proximity to all photocopiers, PCs and scanners used by patrons. Under section 104B of the Act a different notice relating to copying audiovisual materials is required in close proximity to all VCRs, cassette players and PCs used by patrons. Because library information services and resources are available via the University network, the required notices should be placed adjacent to the appropriate networked equipment in all areas of the University open to the general University community. This includes computer labs and learning resource centres which provide access to the University's network.

19. HOW YOU CAN REDUCE THE COST OF COPYRIGHT

The cost to the University of using copyright material is a significant annual cost for the University in the payment of licence fees to collecting agencies. This is in addition to the staff costs in supporting the administrative and recording arrangements in the University relating to copyright.

There are a number of strategies that all staff can use in an attempt to reduce the annual cost of copyright to the University:

  • Reduce the amount of published material used for teaching purposes;
  • Obtain written permission for as much of the published material that is used as possible;
  • Utilise personally created material whenever possible (ie. material in which you hold the copyright); and
  • If you are an author/creator of material, consider assigning only specific rights to publishers (eg. to publish an article in a journal) and retain other rights which allow you to use the material yourself for your teaching purposes (eg. in digital form on a WebCT site).

20. Contacts and further information:

21. Acknowledgements:

This guide draws on the following publications:

  • UNIVERSITY OF NEW ENGLAND. Copyright statements.
  • AUSTRALIAN VICE-CHANCELLOR'S COMMITTEE. Copyright: a comprehensive guide for higher education institutions to the Copyright Act 1968 as amended including 1989 amendments. (July 1990)
  • COPYRIGHT AGENCY LIMITED. What is copyright?
  • AUSTRALIAN COPYRIGHT COUNCIL publications.

(Version 14 - 24 May 2011 )