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Monash University Policy Bank

Copyright Compliance Policy

Purpose

To set out the terms of compliance for the use of third party copyright materials in an educational environment under commercial or statutory, licenses, permissions and other legal provisions contained in the Australian Copyright Act 1968 (Cth), the Malaysian Copyright Act 1987 and the South African Copyright Act 1978. 

Scope

All campuses
All staff, students and other authorised users

Policy Statement

Monash University will take all reasonable steps to protect the University from exposure to legal liability from copyright infringement.

Copyright compliance is the responsibility of each individual staff member, student or other authorised user.

Monash University is committed to ensuring that staff, students and other authorised users (“users”) abide by copyright law. The University will take all reasonable steps to:

  • ensure that users are informed of their legal obligations
  • provide guidance and mechanisms to enable users to meet their legal obligations
  • to prevent and rectify unlawful use of copyright material
  • promote a positive ethical and compliance culture in relation to copyright

This policy is based on the following principles, which should be adhered to by all those responsible for the implementation of this policy and to whom this policy applies:

  • Monash University encourages the pursuit of innovation in teaching and research and the use of new technologies in achieving this goal
  • Monash University is committed to providing guidance and education to staff, students and other authorised users about lawful use of copyright material

Copyright Compliance Structure

The University Copyright Compliance Officer, with the assistance of the University Copyright Adviser and the Solicitor’s Office will complete the annual copyright compliance certification and related compliance and risk treatment strategy reprots as required by the Audit and Risk Management Division.

A Copyright Advisory Group (CoAG), reporting to the Deputy Vice-Chancellor (Education), chaired by the University Copyright Compliance Officer and consisting of representatives from Faculties, Library Central Services, including ITS and the Solicitor’s Office and the Copyright Adviser, will meet regularly and in accordance with its terms of reference will:

  • provide comment and advice on copyright issues other than legal issues, including policy-making and compliance matters, to the Vice-Chancellor, Deputy Vice-Chancellors, Faculties and appropriate committees and groups,
  • provide advice to the Copyright Adviser on University-wide information dissemination and education programs relating to copyright and
  • provide a forum for discussion of operational matters relating to copyright which affect the University.

CoAG will alert the Deputy Vice-Chancellor (Education) to issues or changes in the law that impact on the University.

Faculties will support copyright coordinators within their faculties and departments. The role will include distributing information provided by the Copyright Adviser to faculty staff, alerting the Copyright Adviser of any copyright problems or issues within the faculty or department, directing staff queries to the Copyright Adviser and consulting with staff and the Copyright Adviser on compliance issues.

Supporting procedures

Copyright Compliance Procedures for Australian Campuses

Supporting guidelines

Responsibility for implementation

Heads of Schools/Departments and Centres
Deans
University Librarian
ITS
Deputy Vice-Chancellor (Education)

Status

Revised

Key Stakeholders

Solicitor’s Office
Faculties
CoAG
University Copyright Compliance Officer
Deputy Vice-Chancellor (Education)
Pro Vice-Chancellor (Sunway)
Pro Vice-Chancellor (South Africa)

Approval body

Name: Strategy and Resources Committee
Meeting: 5/2009
Date: 06-November-2009
Agenda item: 8.4

Endorsement body

Name: Copyright Advisory Group
Meeting: 1/2009
Date:
Agenda item: 5.3

Definitions

Author: the person who created the work

Commercial licence: written commercial agreement between the University and the copyright owner (eg publisher/software company) and the University setting out the terms under which the product/material may be used and the terms of remuneration. Commercial licences usually pertain to multiple items of copyright material that have been packaged together as a commercial product, eg journal databases.

Communication: the electronic transmission of copyright material by email, or by making the material available online (via the Internet or Intranet).

Copyright Owner: the author at first instance. It may be another person or entity to whom the author has assigned (transferred) ownership rights.

Copyright Permission/Licence: written authorisation from the copyright owner/s for the use of their material. The use of copyright material under this permission or licence, must comply with the terms set out in the permission.

Reproduce: the act of making a copy.

Reproduction: the resulting copy. ‘Reproduction’ occurs when a copy or copies are made by means of scanning, photocopying, copying by hand, downloading, photographing, faxing, re-typing, etc.

Statutory licence: provisions within the Australian Copyright Act that allow the use of certain types of copyright material, subject to remuneration, in accordance with written agreements between designated copyright collecting societies and the University. These set out the terms under which certain types of copyright material may be used, and the requirements for data collection used to determine rates/amounts of remuneration and royalty distribution. Examples are the Part VB CAL licence and the Part VA Screenrights licence.

Third party material: material that was created by another person/s

Related legislation

Copyright Act 1968 (Australia)
Copyright Act, 1978 (South Africa)
Copyright Act 1987 (Malaysia)
Copyright Regulations 1969
Intellectual Property Statute 11.2
Intellectual Property Regulations


 

Related policies

Access to Monash Courseware Policy
Intellectual Property Framework
Intellectual Property Statute and Intellectual Property Regulations

IT Use Policy- Staff and other Authorised Users
Acceptable Use of Information Technology Facilities by Students Policies
Legal Compliance Policy

Discipline Statute


Related documents

EBA staff disciplinary procedures:


Academic staff


General staff

Date Effective

11-June-2009

Review Date

11-June-2012

Owner

Chair, Copyright Advisory Group/University Copyright Compliance Officer

Author

University Copyright Compliance Officer

Content Enquiries

University Copyright Officer

University Policy Use

Version Number: 1.0

Contact: adm-PolicyBank@monash.edu

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