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(1) These guidelines apply to (2) (3) Under a statutory licence set out in the Copyright Act 1968, the (4) The (5) The (6) Use of copyright material for education purposes must fall within the limits prescribed by the Copyright Act 1968 under the ‘fair dealing’ exemption, or as outlined under any licence agreement. (7) The purpose of this document is to provide a set of guidelines to ensure copyright compliance at the (8) This document forms part of the (9) The Copyright Act 1968 protects the rights of authors and creators of original material, and regulates the use to which those other than the copyright owners can put to this material. (10) For a work to receive copyright protection it must be ‘original’, ‘reduced to material form’ and created by a ‘qualified person’ (i.e. an Australian citizen or person resident in Australia). Ownership of works within the (11) Types of works protected by the Copyright Act 1968 includes: (12) The Act generally prohibits the use of any copyright material without the permission of the copyright owner except in certain circumstances including: (13) In the context of this document: (14) Copyright is a bundle of exclusive rights to undertake, or authorise certain acts in relation to protected material. The exclusive rights of owners of copyright in literary, dramatic, musical, and artistic works are the rights to do or authorise certain acts including but not limited to, where relevant: (15) The right to reproduction is exercised when works are copied. (16) The right to communicate a work to the public will be exercised when a copyright work is made available to the public on-line (e.g. uploaded onto a (17) The right to adapt a work will be exercised when a work is changed. (18) Works on the Internet is subject to copyright in the same way as other works. (19) The following sections of these guidelines will help ascertain whether proposed copying or communication falls within one of the exceptions to copyright law. (20) As a first step, identify the following: (21) There is no copyright infringement if: (22) The fair dealing provisions of the Copyright Act 1968 are an exception to the exclusive rights of copyright owners. They allow some copying and/or communication of material containing copyright for certain purposes to be done for free and without infringing copyright. (23) In this context, ‘dealing’ means using the material in any of the ways that is usually reserved for the copyright owner. In determining whether or not a dealing is fair depends on the facts of the case. In one case, the Federal Court stated that the fairness of a dealing ‘is to be judged by criterion of a fair minded and honest person’. Relevant factors include: (24) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not infringe copyright if it is for the purpose of (25) The Copyright Act 1968 states that where a person is only using small amounts (as specifically set out in the Act) of the material described above for the purpose of research or study, their dealing of the material is assumed to be ‘fair’. This means there does not need to be any evidence that it was fair. (26) If a person’s use of the material exceeds the limits specified in the Copyright Act 1968, then the following factors will be taken into account to determine whether or not the dealing is fair. They are as follows: (27) To decide if a use is a ‘fair dealing for research or study’, consider the use or uses to which the copy is likely to be put. If it is part of the (28) Some teaching functions, such as preparing new courses, or copying articles or other material for (29) Under the requirements of the Copyright Act 1968, the (30) (31) (32) Copying and communicating a work does not infringe copyright if it is for the purpose of criticism or review, provided there is sufficient acknowledgement of the work copied. For example, this provision might be relied on (depending on the circumstances of the situation) by a University lecturer where a work is copied to include in a conference paper for the purpose of commenting critically on the material. (33) To obtain the protection of this section, the purpose of the dealing must be criticism or review. If the real purpose of the dealing was to capitalise on publishing another creators material, protection will likely be lost. (34) This category of fair dealing will rarely apply to multiple copying for distribution to (35) Literary, dramatic, musical and artistic works may be used as part of a question or answer in an examination. If this exception is relied upon, the work may only be made available to (36) Public domain material means that no-one is claiming copyright, and the material is free for use – usually because the duration of the copyright has expired. Unless stated to be in the public domain, it should be assumed that materials are subject to the limitations imposed by the Copyright Act 1968. (37) Division 4 of Part IVA of the Copyright Act 1968 relates to the statutory licence scheme which covers the copy and communication of works by educational institutions (including universities). (38) This section of the Copyright Act 1968 covers print and graphic copying and communication, and the copying and communication of broadcasts. Under this section of the Act: (39) Further to the statutory licence, copying and communication of works and broadcasts must comply with any relevant agreements between the relevant works collecting society and the University. (40) Teaching (41) It is a requirement to include the following warning notice when copying and communicating third party copyright works to (42) Audio-visual material should also include the label: (43) The (44) The (45) Access to and use of this material is governed by the individual licences with the publisher or vendor. These terms may be more or less restrictive than the terms of the Copyright Act 1968. (46) The (47) Further information on performing, copying and communicating musical works and sound recordings is available at Library - Copyright.Copyright Compliance Guidelines
Section 1 - Audience
Section 2 - Executive Summary
Section 3 - Purpose
Section 4 - Scope
Top of PageSection 5 - Definitions Specific to this Guideline
Top of PageSection 6 - Guidelines
Rights of Copyright Owners
Copying and Communication in the University Context
Fair Dealing
Fair Dealing for Research or Study
Online Communication
Fair Dealing for Criticism and Review
Copying for Examinations
Materials in the Public Domain
Copying and Communication Using Division 4 of Part IVA of the Act
Marking and Labeling Requirements when Copying and Communicating Works
Sampling Requirements
Commercial Licenses and Other Agreements
Music License