(1) Failure to follow these Guidelines could lead to copyright infringement action.(To apply from 4 March 2001 until further notice). (2) These Guidelines provide information about copyright. They are not comprehensive. The full text of the Copyright Act 1968 (updated to incorporate the Digital Agenda amendments), and the relevant Copyright Regulations, should be consulted, and legal advice obtained, if particular questions concerning copyright arise. (3) As the Copyright Act has been substantially amended (the Digital Agenda amendments, which come into force on 4 March 2001) these GUIDELINES should be consulted rather than any document written before the Digital Agenda amendments. (4) The Guidelines are in three sections:- (5) Material protected by copyright is divided into two broad categories of subject matter: works, and subject matter other than works. Print and graphic material which is copied in universities will generally fall into the first category. (6) The category of works is further divided into:- (7) For a work to receive copyright protection it must be "original" and it must be "reduced to material form". (8) The originality requirement requires only that the author of the work has used some skill, and has not copied ingenuity and labour in making the work; not that the thought or idea embodied in the work be novel or new. Copyright protects the expression of the thought, not the originality of the thought or idea. (9) It follows from this that until a work is "reduced to material form", there is nothing for copyright protection to attach to. A speech given extempore, for example, would not attract copyright protection. A written speech, on the other hand, would be protected as a literary work. (10) Copyright is a bundle of exclusive rights to do, or authorise others to do, certain acts in relation to the protected material. The scope of the rights depends on the subject matter. (11) An infringement of copyright occurs where an act comprised in the copyright is done in relation to a "substantial part" of a work or other subject matter. "Substantial part" is not defined in the Act, but in deciding whether or not an act amounts to an infringement, courts have placed a greater emphasis on the quality of what is used than the quantity. (12) From 4 March 2001, the exclusive rights enjoyed by owners of copyright in literary, dramatic and musical works are the rights to do or authorise the following acts: (13) The exclusive rights in relation to artistic works are more limited, and consist of the rights to: (14) For Universities, the most relevant of the exclusive rights are the reproduction right and the communication right. (15) When print and graphic material is copied, there is a reproduction of any work or works comprised in the material. (16) The communication right is exercised when a copyright work is made available to the public on line (eg. uploaded onto a university server in a form which can be accessed by (17) There is no copyright infringement if: (18) The following sections of these GUIDELINES will help you decide whether your proposed copying or communication falls within one of the exceptions to copyright law (Part 2) or within the statutory licence (Part 3). If it does not, there may be a copyright problem and you must not make the copies, or communicate the work, without first consulting the (19) To use these GUIDELINES you will need to know what you propose to copy or communicate (for example, who wrote and published it), how much of it you will copy or communicate and how many copies you will make; and what will happen to those copies (to whom will they be distributed or communicated and for what likely purpose). (20) You should then ask yourself these questions: (21) Some universities enter into licence agreements with the owners of copyright in works. If you have a licence from all relevant copyright owners authorising copying and/or communication, then it is not necessary to use the Part VB statutory licensing scheme. Permission to copy might also be granted by academics or others in relation to their work, if they own the copyright. Note, however, 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. (22) Examples of copying which has been authorised or licensed include the copying of Blackline Masters, copying from some electronic journals purchased under licence by the University Library, copying certain court decisions and copying for which sector-wide licences have been obtained. The AVCC will be advising universities from time to time when such sector-wide permissions have been negotiated. In each case the licence terms must be observed. (23) Licences entered into prior to the enactment of the Digital Agenda Act may not expressly include the right to communicate works. If you are in any doubt as to whether the (24) Multiple copies of an insubstantial portion (usually 1 or 2 pages) of a literary or dramatic work can be made for free in certain circumstances. The copying must be carried out on the premises of the (25) A further limitation is that 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. (26) The insubstantial portion provision does not apply to artistic or musical works. (27) An insubstantial portion of a work can also be communicated without the need for payment. The communication must be carried out on the premises of an educational institution for the purposes of a (28) Two further limitations apply: (29) 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. This exception applies to copies only, not communications. (30) The fair dealing provisions of the Act are an exception to the exclusive rights of copyright owners. They allow some copying and/or communication for certain purposes to be done for free without infringing copyright. (31) 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 in the work if it is for the purpose of criticism or review, whether of that work or another work, provided there is sufficient acknowledgment of the work copied. Any acknowledgment should identify the author (unless the author is anonymous or has agreed or directed that they not be named) and identify the work from which the copies are taken by its title or other description. (32) An example of how this provision might be relied on by a (33) In order to obtain the protection of this section, the purpose of the dealing must be criticism or review. If the court considers that the real purpose of the dealing was to capitalise on publishing another creator's material, the protection will be lost. (34) This category of fair dealing will very rarely apply to multiple copying for distribution to (35) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of copyright if it is for the purpose of research or study. (36) If you are copying for yourself, for other (37) Consider first the use or uses to which the copy is likely to be put. If it is part of the research function, such as preparing an article or book chapter, or part of an academic's general reading to maintain current awareness in his or her field, then it is very possibly made "for the purpose of research or study". Some teaching functions, such as preparation of new (38) It may be that in practice very few instances of communication will fall within this purpose, although a communication between two academics for the purpose of joint research will most likely satisfy the test. (39) The exception to copyright infringement for fair dealing for research or study applies more strongly to enrolled external (40) If copies are made in Australia for enrolled off-shore (41) For any copying or communication which is for research or study (or in the special case of external (42) First, if you copy less than 10% of the pages of a published work (or less than 10% of the words of a published work in electronic form) or one chapter, or one article in a periodical, and you are sure that you meet the test of "research or study" or use by external (43) If you copy more than 10%, one chapter or one article, then in determining whether the copying or communication is a fair dealing a court is directed to consider: (44) Part VB of the Act contains a statutory licensing scheme for the copying and communication of print and graphic works by universities. The GUIDELINES in this section are concerned with electronic copying and communication only. They do not cover hard-copy copying. (45) Electronic copying and communication done in reliance on Part VB will not infringe the copyright in any work copied, provided the strict rules of the Act are complied with. Copying or communication done in reliance on Part VB is licensed copying or communication. This covers any copying or communication of copyright work/s which:- (46) Universities must opt into the scheme by giving a remuneration notice to CAL, the organisation which collects money for copyright owners. This notice, which is called an "electronic use notice", covers electronic copying and communication only. It does not apply to hard-copy copying. (47) To be covered by the scheme, a copy or communication must be made by or on behalf of the (48) The "educational purposes of the University" include: (49) Each licensed electronic copy and licensed communication MUST contain the following, (50) This notice must be prominently displayed on each electronic copy made in reliance on Part VB and whenever a copyright work is communicated (ie made available on-line or electronically transmitted) in reliance on Part VB. It MUST appear either before or at the same time as the material being communicated appears on the screen. (51) It is a requirement of the Part VB licence that the (52) Consult Trevor Gerdsen on extension 8994 for further information regarding this obligation. (53) Material which is communicated in reliance on the Part VB licence by being made available on-line can remain on-line indefinitely. However, there is deemed to be a fresh reproduction and a fresh communication at the end of each 12 month period that the material remains available on-line. (54) No electronic use system has yet been agreed or determined. This means that there is no requirement – as yet – to record electronic copies and communications. However, as soon as such a system is introduced there will be a requirement for your university to record (either periodically or full time, depending on the nature of the system) these "deemed" copies and communications. Your university has developed a procedure for monitoring the period during which material remains available on-line in order to be in a position to comply with this obligation. It is important that you notify your university copyright officer of any material which you make available on-line, in reliance on the Part VB licence, in order to assist in the monitoring process. (55) The Act imposes limits on how much of a particular work can be copied electronically or communicated. These limits are essentially the same as those that have applied in the past, and continue to apply, to hard-copy copying. However, there are some IMPORTANT differences. (56) If you are copying from hard-copy to electronic form (eg, scanning a chapter of a book or a journal article into digital form), the following limits apply:- (57) A very important limitation on the communication of works is that if a university wishes to make available on-line 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 at the same time. In other words, if the Arts faculty has copied a chapter of Patrick White's Voss, and made this available on-line, no other faculty in the university can make another part of the same work available on-line in reliance on the Part VB licence until this first part is taken down. 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. (58) This new strict copying limit does NOT apply to journal articles. (59) The protection against infringement afforded by Part VB will be lost if the copy is, with the consent of the Copyright Guidelines - Part VB (Electronic)
Section 1 - Introduction
Top of PageSection 2 - What does copyright cover?
Section 3 - Works
Section 4 - Infringement of copyright
Section 5 - When and how can Universities copy or communicate copyright material?
Top of PageSection 6 - Exceptions allowing for the copying or communication of copyright material without infringement
Copying/communication which is authorised by the copyright owner
Section 7 - Multiple copies of an insubstantial portion
Communication of an insubstantial portion
Top of PageSection 8 - Copying for examinations
Section 9 - Fair dealing
Section 10 - Fair dealing for the purposes of criticism or review
Section 11 - Fair dealing for the purpose of research or study
Remember that once you have decided that a particular copying or communication is for this purpose, you still have to consider whether it is fair (explained below).Section 12 - Copying for external students
Section 13 - Copying for off-shore students
Section 14 - Fairness
Top of PageSection 15 - Electronic copying and communication under the Part VB licence
What electronic copying and communication is covered by Part VB?
What are the requirements for compliance with Part VB?
Remuneration notice – electronic use notice
Nature and purpose of the copying
Notice to users
prominently displayed, notice:-Reasonable steps to limit access
Monitoring the period during which material remains available on-line
Limits on the amount that can be copied or communicated
Section 16 - Note
View Current
This is not a current document. It has been repealed and is no longer in force.
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of The University of Newcastle pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication 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.