Skip to content | Change text size

Copyright Compliance Procedure for Australian Campuses

Parent Policy

Copyright Compliance Policy

1. Journal databases, software and electronic resources

The University provides a number of products to staff, students and other authorised users which it has purchased under licence. These include software, online journal databases and CD-ROMs.

 

Staff, students and other authorised users will abide by the terms of the relevant licence. Such terms may prohibit:

  • making multiple copies or a copy of a product for another persons use
  • communicating a product in whole or in part to another person, eg by email
  • making the product available in whole or in part on a website.

Where users are unsure about whether a proposed use falls within the terms and conditions of a licence, they must consult the relevant licence administrator:

Responsibility

Staff, students and other authorised users

2. Use of copyright material in teaching

The Australian Copyright Act contains a number of provisions permitting the use of third-party copyright materials for teaching purposes.

Staff will use third-party copyright materials in accordance with the requirements of the following parts and sections within the Copyright Act:

  • the Statutory Educational Licenses. These are the Part VA Licence, also known as the Screenrights Licence for the use of audio-visual broadcast material; and the Part VB Licence, also known as the CAL (Copyright Agency Limited) Licence, for the use of literary, dramatic, artistic and musical works.
  • the Print disability provisions in the Part VB CAL licence, Division 3
  • Section 28, Performance of copyright works in class
  • Section 200, Examination provisions
  • the Library provisions, Part III, Division 5 and 110A and 110B
  • Part V Division 2A and Division 5, Subdivision E and F, Technological Protection Measures and Electronic Rights Management information
  • Section 200AB, Use of works and other subject-matter for certain purposes
  • Part IX Moral rights
  • Part XIA Performers’ Rights

Staff will also abide by the terms of the Universities Music licence when using material for teaching under that licence.

Where teaching involves the use of materials drawn from journal databases, software or other electronic resources made available by the University, the procedure stated above at part 1 will apply.

Where the intended use of third-party copyright materials extends beyond what the Copyright Act allows, staff will obtain written permission from the copyright holder. Staff are, accordingly, responsible for storing permission documentation and for ensuring that any subsequent use of the material complies with the terms and conditions of the permission granted.   

Where staff are in doubt about their obligations under the Copyright Act or with regard to the Universities Music Licence agreement or other licence agreements, they have a responsibility to consult the guidelines provided within the Copyright website and to consult the University Copyright Adviser

Responsibility

Staff, students and other authorised users

3. Use of copyright material in research

The Australian Copyright Act contains a number of provisions permitting the use of third-party copyright materials for research purposes.

Staff, students and other authorised users will use third-party copyright materials in accordance with the following provisions and parts with the Copyright Act:

  • the Fair Dealing provisions in sections 40, 41, 41A and 103A, 103AA and 103C. These are for the purposes of research and study, criticism and review or parody and satire.
  • the Library provisions, Part III, Division 5 and 110A and 110B
  • Part V Division 2A and Division 5, Subdivision E and F, Technological Protection Measures and Electronic Rights Management information
  • Section 200AB,Use of works and other subject-matter for certain purposes
  • Part IX Moral rights
  • Part XIA Performers’ Rights

Where research involves the use of materials drawn from journal databases, software or other electronic resources made available by the University, the procedure stated above at part 1 will apply.

Where the intended use of third-party copyright materials extends beyond what the Copyright Act allows, staff, students or authorised users will obtain written permission from the copyright holder. Staff students and authorized users are, accordingly, responsible for storing permission documentation and for ensuring that any subsequent use of the material complies with the terms and conditions of the permission granted.

Responsibility

Staff, students and other authorised users

4. Breach of Procedures

A breach of these procedures can lead to disciplinary action against staff, students and other authorised users.

Responsibility

Staff, students and other authorised users

5. Related Documents

The IT Use Policy - Staff and other Authorised Users
Acceptable Use of Information Technology by Students Policy
Intellectual Property Statute and Intellectual Property Regulations
Discipline Statute
General Staff Disciplinary Procedures in Enterprise Agreement
Termination of Employment and Disciplinary Action – Academic Staff in Enterprise Agreement

 

Responsibility

Staff, students and other authorised users

Contact Person: University Copyright