(1) Western Sydney University both produces and uses Copyright Works as defined by the Copyright Act 1968 (Cth). (2) The University commits to ensuring that all staff and students comply with the Legal and Compliance Obligations outlined in the Copyright Act 1968 (Cth) and all current Copyright Licence Agreements involving the University. (3) This policy sets out the University's expectations for using Copyright Work in educational, research and non-commercial settings. (4) The University provides procedures and guidelines for the University community to minimise the risk of Copyright Infringement. (5) Australian Copyright Law is contained in the Copyright Act 1968 (Cth). (6) The Copyright Act 1968 (Cth) is informed by court decisions, government reviews, international treaties and free trade agreement and grants Exclusive Rights to Copyright owners. (7) Copyright owners, holders or their representatives have the Exclusive Rights to: (8) This policy applies to all University staff and students and should be read in conjunction with the following policies: (9) For the purposes of this Policy, Definitions that apply can be found in the Policy DDS Glossary, in addition to the following: (10) The University aims to conduct its educational, learning, research and non-commercial activities in a manner that aligns with the provisions of the Copyright Act, 1968 and other licence agreements currently in force, including the Statutory Broadcast Licence, the Statutory Text Licence and the (11) The University recognises and respects Indigenous Cultural and Intellectual Property, and students and staff must comply with the University's Indigenous Cultural and Intellectual Property Protocol. (12) The University encourages and supports the legal use of Copyright Work, either in digital, electronic or print format, to enhance its educational, research and non-commercial activities. (13) Staff and students must comply with the Copyright Act 1968 (Cth). (14) The University will respond to internal copyright issues and external notifications of alleged copyright infringement. (15) The University reserves the right to monitor its networks and systems for potential digital copyright infringemens,while respecting the privacy of staff and students. (16) The University will take appropriate enforcement actions to address violations of this policy, in accordance with applicable laws and regulations. (17) Individuals with access to confidential, unpublished, or sensitive University materials, including research data or intellectual property, must sign a Non-Disclosure Agreement (NDA) before gaining access. (18) The Non-Disclosure Agreement (NDA) outlines obligations regarding confidentiality, data handling, and limitations on disclosure. (19) Staff must handle all information following the University policies on data security, privacy, and access. This includes taking appropriate measures to protect University data and systems from malware, unauthorised access, and other security threats when accessing, storing, or sharing copyright materials. (20) Staff and others are responsible for ensuring that information is accessed only by authorised parties, used appropriately, and stored or disposed of securely, consistent with their role and the sensitivity of the information. (21) Data security practices are integral to the protection of copyright-protected digital materials. Staff and students must implement appropriate security measures to prevent unauthorised access to and distribution of copyright- protected content and IT assets. Data from licensed resources must not be downloaded, reused, or distributed to unauthorised staff or students. (22) Staff and students must use secure and authorised methods for accessing and downloading copyright-protected content, avoiding the use of peer-to-peer file sharing networks or other sources that may expose University systems to security risks. (23) The use of automated tools, Browser Plugins, services, or any other method to automatically download, store or use University data for any unauthorised purpose is prohibited. (24) University staff and students must comply with the licenses negotiated between Universities Australia and Copyright Collecting Societies, which can be accessed via the Copyright Web Page. These include: (25) (26) Procedures are designed to assist staff and students in minimising the risk of copyright infringement. (27) Section 113P Statutory License Copyright Act 1968 (Cth) for Works and Broadcasts (28) Fair Dealing Provisions Copyright Act 1968 (Cth): (29) Moral Rights provisions (30) Statutory Licence for Students with a Print Disability (31) Electronic Copyright Notices (32) Designing podcasts for University Students (33) Designing podcasts for publicly available Digital Platforms and Services (34) Using Audio-Visual content from YouTube, other Digital Services/Platforms and Commercial DVDs (35) Managing copyright infringements. (36) University staff and students must minimise the risk of copyright infringement by: (37) The University adopts an educative approach to copyright through the provision of support services and materials that inform practice for both staff and students, including obligations of Intellectual Property to prevent misuse and to uphold academic and research integrity. (38) The University Library provides storage and processes Section 113P. Copyright Act 1968 (Cth) Statutory Licensed Works (book chapters and print journal articles only available in hard copy formats) used for educational purposes and required to be accessed by students via the Learning Management Systemduring a Term or Semester. URLs are processed by the Library and made available via a digital reading list in the Learning Management System. (39) If the University or other organisations (publishers or copyright owners) utilise Digital Rights Management (DRM) technologies to protect digital content, staff and students must respect and not circumvent these controls. (40) Circumventing Digital Rights Management (DRM) is a violation of the Copyright Act 1968 (Cth), and this policy. (41) Copyright material used under the Statutory Licence Section 113P Copyright Act 1968 (Cth) for the use of works and broadcasts must not be uploaded or posted on storage platforms or services such as Sync, DropBox and Google Drive. Statutory Licence Section 113P Copyright Act 1968 (Cth) works and broadcasts must only be uploaded to Western Sydney University Blackboard, known as the Learning Management System. (42) The limits for copying imposed bt the Licence are: (43) Section 113P, Copyright Act (Cth) Statutory Broadcast Licence allows the University to record copies of TV broadcasts from free-to-air TV (ABC, SBS, Channels 7, 9, 10, etc.), radio broadcasts from free-to-air radio (AM, FM, Digital), broadcast content on free- to-air TV), online TV/radio programs from a free-to-air broadcaster’s website including podcasts and catch-up TV and then convert into Digital files for educational purposes. (44) EduTV is an online TV streaming resource that falls under the Section 113P Statutory License Broadcasts, as outlined in the Copyright Act 1968 (Cth). It features documentaries, dramas, and series, complemented by study guides and articles, and is accessible via computer, tablet, or smartphone. New programs are added weekly. Archive: 2006 - Present. (45) Broadcasts made available on the Broadcaster's website, such as broadcasts posted by free-to-air TV broadcasters (ABC, SBS, Channels 7, 9, 10), can be copied and communicated for the educational purposes of the University via the Learning Management System. (46) Broadcasts recorded under the Statutory Broadcast Licence can be uploaded directly to the Learning Management System via Panopto, the University's Digital Storage system, and must contain the Section 113P Broadcast Electronic Copyright Notice, available from the Copyright Web Page, placed at the beginning of the content. (47) The University's Music Licence covers the copying and communication of sound recordings for educational purposes. (48) Using sound recordings in the Learning Management System requires a Music Copyright Notice and appropriate attribution. (49) Section 28 Copyright Act 1968 (Cth) permits the display of copyright-protected content through live streaming to enrolled students. However, it does not permit copying or communication of commercially purchased or hired audio-visual material. (50) Section 200AB Copyright Act 1968 (Cth), also known as the Flexible Dealing Exception, allows (51) proposed use of Copyright Content would be a "flexible dealing" under Section 200AB, Copyright Act 1968 (Cth) if the use of content is not covered by the Section 113P Copyright Act 1968 (Cth) Statutory Works Licence and Broadcast Licence, the (52) The University can copy or communicate a literary or dramatic work to assist a person with print accessibility requirements. (53) Section 113E, Copyright Act 1968 (Cth) permits the University to make ‘fair dealings’ of copyright material for the purpose of providing students with a Disability to have access to the Content, and the purpose is for one or more persons with a Disability to have access to the Content, and if the use is fair. (54) Section 113F, Copyright Act 1968 (Cth)permits the University to use copyright material to assist a person with a disability and means that the University can make accessible format copies for students with a disability if the copyright material is not commercially available in the format or with features required by the student. (55) Copyrighted Content that can be pre-recorded or recorded during a lecture or tutorial: (56) Podcasts made for the educational purposes of the University must be placed in the Learning Management System if the podcasts contains Sound Recordings used under the (57) Content that can be used in designing podcasts for students can be your own Creative Original work, your team's Creative Original Work, University-owned Copyright Content, URLs to websites, Creative Commons Content, Open Access Content, Open Educational Resources Content, Free of Copyright restrictions Content, Public Domain Content, the Copyright Holder has given permission to use their content in the podcast. (58) Podcasts for students containing Section 1113P Statutory Licensed Works and Broadcasts, Section 200AB and the Commercial Music Licence content must only be posted and made available for enrolled students studying the content via Panopto in the Learning Management System. (59) Podcasts created for Students containing (60) Content can be used in designing publicly available podcasts for YouTube or other similar Digital Platforms and Services if it is Original Content, you or your team created, University-owned Copyright Content, URLs to websites, Creative Commons Licensed Content, Open Access Content, Content with no Copyright restrictions, Public Domain Content and Open Education Resources Content. (61) Podcasts for students containing content covered by the Section 113P Statutory Works or Broadcasts Licence, Copyright Act 1968 (Cth), the (62) Audio-Visual content includes broadcasts, sound recordings, films, video and Commercial DVDs that shows moving images with or without sound. (63) The Internet contains a significant amount of audio content in a variety of styles and formats. (64) For further information about using Commercial DVDs or Videos, please contact the Library (65) The Australian Copyright Act 1968 (Cth) does not have a Fair Use exception as in the United States. (66) Fair Dealing refers to the Fair Dealing exceptions to Copyright Infringement in the Copyright Act 1968 (Cth), which are relevant to Western Sydney University are Copyright Act 1968 (Cth) – Section 40 Fair dealing for purpose of research or study, Section 41 Fair dealing for purpose of criticism or review, Section 41A Fair dealing for purpose of parody or satire and Section 42 Fair dealing for purpose of reporting news. (67) The Fair Dealing Exception Section 43 Reproduction for purpose of judicial proceedings or professional advice is relevant when the copyright in a literary, dramatic, musical or artistic work is not infringed by anything done for the purposes of a judicial proceeding or of a report of a judicial proceeding, and for a fair dealing with a literary, dramatic, musical or artistic work does not constitute an infringement of the copyright in the work if it is for the purpose of the giving of professional advice by a legal practitioner; or a person registered as a patent attorney under the Patents Act 1990; or a person registered as a trade marks attorney under the Trade Marks Act 1995. (68) The Fair Dealing exceptions under Australian Copyright Law do not apply to the making of multiple copies of content by the University for students required in a program of study. Making multiple copies for students is governed by the terms of the Section113P, Copyright Act 1968 (Cth) Statutory Works and Broadcast Licence. (69) Moral rights in law are the personal and non-economic rights a creator has in their work, separate from copyright. Western Sydney University respects the Moral Rights of authors and creators and encourages all Western Sydney University staff and students to be mindful and respectful of the Moral Rights of authors and creators. (70) 195AO Infringement of right of attribution of authorship. (71) 195AP Infringement of right not to have authorship falsely attributed. (72) 195AQ Infringement of right of integrity of authorship. (73) These rights apply automatically in the Australian Copyright Act 1968 (Cth) and cannot be sold or transferred, though a creator can give consent for specific uses of their work. (74) These documents below provide information about Moral Rights in Australia: (75) Copyright infringement may arise when using, designing or in making Copyright Content available to students in the Learning Management System or publicly available via other University websites or using Digital Platforms and Services, such as YouTube, Box and Sync and similar sites. (76) The Office of General Counsel and Cybersecurity staff and the Library will respond to internal Copyright issues and External notifications of alleged breaches of Copyright. Report any breaches of Copyright via the Copyright Infringement Notice form in WesternNow (login required), which can be accessed via the Copyright Web Page. (77) External notifications of Copyright Infringement that also involve potential security breaches or data exposure will be escalated to the University Cybersecurity for further investigation and remediation. (78) After receiving a copyright infringement claim, the Library will collaborate with ITDS and the University's Chief Information Security Officer (CISO), who will investigate the root cause to determine how to avoid similar copyright-related incidents in the future. Any identified policy gaps must be updated to prevent potential repeat incidents and reported to the Audit and Risk Committee. (79) Requests for permission to use material on the Western Sydney University Website must be made via the Permission To Use Western Sydney University Copyright Material form in WesternNow (login required), which can be accessed via the Library's Copyright Web Page. (80) Copyright notices must be placed at the beginning of content used under the Section 113P Statutory Works Licence, the Section 113P Statutory Broadcast Licence, the (81) Subject Coordinators and Library staff processing URLs for Section 113P Copyright Act 1968 (Cth) Statutory Licensed Readings must ensure that students see the copyright notice before accessing content in the Learning Management System. (82) Copyright notices are available on the Copyright Web Page. (83) These guidelines are designed to assist staff to use copyright content which is not governed by the Statutory Text and Artistic Works Licence, Statutory Broadcast Licence, (84) The Guidelines cover Australian Copyright Act 1968 (Cth) and Artificial Intelligence, Creative Commons Licensed Content, Open Educational Content, No Known Copyright Restrictions Content, Social Media and Open Educational Courses and Textbooks. (85) The Copyright Act 1968 (Cth) predates modern AI technology and does not explicitly define or address artificial intelligence, generative AI, machine learning, text and data mining, chatbots, or AI agents. This legislative gap creates significant legal uncertainty for (86) The rapid development of AI models which undergo frequent updates present new copyright challenges that the current Copyright Act 1968 (Cth) does not address such as questions of authorship, ownership and attribution of AI-generated Content, potential infringement through AI training on Copyright Content, and how the Copyright Act 1968 (Cth) Fair dealing exceptions apply to AI-assisted research. Staff and students must be mindful as AI models and software evolve rapidly, and especially with AI models and software capabilities and their terms of service changing very quickly. (87) Staff and Students, please contact the Library for advice on the latest developments in Artificial Intelligence models and software. (88) Copyright protection in Australia depends on the originality of the work, human authorship, and its expression in a tangible form. (89) Content created by Artificial Intelligence with little or no Human Input is not recognised or protected under the Copyright Act 1968 (Cth). (90) It is best practice to attribute responses from Artificial Intelligence or Generative AI, especially when you modify AI responses for your research, essays, assignments, or projects. The websites below will assist you in developing Attribution for AI responses: (91) Students, if you require assistance with developing attribution for an Artificial Intelligence response, contact your Subject Coordinator for your Subject to discuss your Subject Requirements in using Artificial Intelligence. (92) Staff and Students, please contact the Library for advice on how to attribute Artificial Intelligence or Generative AI responses within the Australian Copyright Jurisdiction. (93) Western Sydney University recognises there are discussions about copyright reform. (94) The Copyright Policy will be reviewed and updated following any legislative amendments to the Copyright Act 1968 (Cth) that occur in 2026. (95) Copyright in Australia is one of the Australian Attorney General’s and Attorney’s General Department Responsibilities. (96) The Attorney’s General Department has developed Australia’s First Orphan Works Scheme and to Facilitate Online Learning. (97) The key group in the Attorney’s General’s Department managing Artificial Intelligence and its use in the Australian Copyright Jurisdiction is the Copyright and Artificial Intelligence Reference Group (CAIRG) who are examining AI transparency in Australia and other AI matters. (98) For further information about Future Copyright Reform. don't hesitate to contact the Library. (99) There is a variety of Content that can be used freely in educational contexts. (100) This Content can be Creative Commons Licensed Contents, Open Educational Content, Content with no known Copyright restrictions, and Content where the terms and conditions indicate it can be used freely and redistributed. (101) Creative Commons content can be used freely and may be modified for educational and instructional purposes including videos, podcasts and teaching/learning resources for educational or instructional purposes. (102) Always check what the Creative Commons Licence allows you to do. (103) Each Creative Commons Licence will specify the kind of Attribution and uses that can be made of their Content. (104) Open Educational Resources are free to reuse, remix, redistribute and adapt original OER Content with the minimal risk of copyright infringement. (105) OERs Content enables the reuse, remixing and adapting of resources since the copyright owner has already given permission to use the Content freely and it is easy to access OERs with millions of CC Licensed Content available online. (106) Collaboration is encouraged by inside institutions based upon the sharing and further development of OERs. (107) OERs can be used in the Learning Management System with Section 113P Statutory Licensed content, the University Music Licensed Content and Section 200AB Content for Western Sydney University Online Programs. (108) OERs can be used in MOOCS, social media, or in Digital Platforms and Services that are publicly available. (109) OERs can be licensed for reuse, remixing, adaptation and sharing by using Creative Commons Licences or similar Licenses. (110) Contact the Library to discover how your Works can become Open Access via Western Open Books. (111) ) "No Known Copyright Restrictions" may indicate that the duration of copyright of the Content has expired, the Content has been placed in the Public Domain, the Copyright owner has made it clear they are not interested in exercising control over the Content, or the Copyright owner has authorised others to use their works without restrictions. (112) In posting content to external digital platforms and services, it is advisable to use only: (113) Content available under the Section 113P Statutory Licence Copyright Act 1968 (Cth) for Works, (114) In designing Open Educational (115) Content available under the Section 113P Copyright Act 1968 (Cth) Statutory Works and Broadcast Licence, (116) Further information is available from the University Copyright Officer.Copyright Policy
Section 1 - Purpose and Context
Top of PageSection 2 - Definitions
Top of PageSection 3 - Policy Statement
Specific Legal Obligations
Section 113P Copyright Act 1968 (Cth) Statutory License for Works.Section 4 - Procedures
Minimise the Risk of Copyright Infringement
Statutory Works Licence and the Learning Management System: The Statutory Works Licence Covers the University’s Reproduction and Communication of Literary and Artistic Works
Statutory Works Licence and Printed Program Readings containing Book Chapters, Articles, Images, Lecture Notes and Other Printed Learning Content
Statutory Broadcast Licence and Using Radio, Television, Cable, Satellite Broadcasts and EduTV for Educational Purposes in the Learning Management System
Using Sound Recordings in the Learning Management System
Performance and communication of works or other subject - matter in lectures, tutorials and other educational learning spaces
Using Section 200AB Content in the Learning Management System
Students with Print Accessibility Requirements
Pre-recording and Recording Lectures
Designing Podcasts for Students
Designing Videos for External Digital Platforms and Services
Using Audio-Visual Content from Digital Platforms/Services and Commercial DVDs
Fair Dealing Sections 40 to 43 Copyright Act 1968 (Cth)
Moral Rights: The University Respects the Moral Rights of Authors and Creators
Managing Copyright Infringements
Copyright Notices
Section 5 - Guidelines
Australian Copyright Act 1968 (Cth) and Artificial Intelligence
Future and Recent Copyright Legislative Developments
Using Creative Commons Licences, Open Education Resources and No Known Copyright Restrictions Content
Creative Commons Licences
Open Educational Resources (OER)
No Known Copyright Restrictions
Social Media and External Digital Platforms and Services
Designing Open Educational Programs
Further Information
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