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Notices

The Copyright Act 1968 requires notices to be displayed on or near some machines which may be used to reproduce works. This requirement covers machines installed in libraries and archives or machines installed outside these facilities but made available primarily for the use of clients of the library and/or archive. (Sections 39A and 104B of the Act.)

In the University such notices should be displayed on or near machines in the following areas:

  • University Library
  • Learning Resource Centres and similar facilities
  • University Registry

The types of machines covered by these requirements are:

  • Photocopiers (Section 39A)
  • Printers (Section 39A)
  • Equipment used to duplicate audiovisual material (eg. tape deck, video machine) (Section 104B)

The Act does not distinguish between machines in staff or public areas so notices should be attached on or near all machines in both areas.

The Regulations of the Act specify the exact wording to be included in the notices and stipulates that the notices must be A4 in size.

Section 39A

 The wording of the notice is as follows:

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions

WARNING

Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:

  • a reproduction that is a fair dealing under the Copyright Act 1968 (the Act ), including a fair dealing for the purposes of research or study; or
  • a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40 (2) of the Act.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

Section 104B

The wording of the notice is as follows:

Commonwealth of Australia

Copyright Act 1968

Notice about the copying of audio‑visual items

WARNING

Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act ), unauthorised use of audio‑visual items in which copyright subsists may infringe copyright in that item.

It is not an infringement of copyright in an audio‑visual item to use that item in a manner that is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio‑visual item is a fair dealing.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

(Revised 27 May 2011 to reflect new regulations under the Copyright Act 1968)