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Copyright Policy

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Section 1 - Purpose and Context

(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:

  1. reproduce their work in any format
  2. make their work available to the public for the first time
  3. perform their dramatic, musical, or literary works in public
  4. communicate their work to the public
  5. create derivative works like translations, arrangements, or other modifications.

(8) This policy applies to all University staff and students and should be read in conjunction with the following policies:

  1. Assessment Policy
  2. Code of Conduct
  3. Compliance Policy
  4. Cyber Security Policy
  5. Digital Information Security Policy
  6. Indigenous Australian Education Policy
  7. Indigenous Cultural and Intellectual Property Protocol
  8. Indigenous Futures Decadal Strategy 2023-2928, Decadal Strategy 2023-2032
  9. Indigenous Research Strategy 2024-2028
  10. Intellectual Property Policy
  11. IT Acceptable Use of Resources Policy
  12. Learning Technologies Policy
  13. Learning and Teaching Procedures - Multimedia Production and Use, Privacy Policy
  14. Procurement Plan for Indigenous Goods and Services 
  15. Responsible Conduct of Research Policy 
  16. Social Media Guidelines For Staff
  17. Student Code of Conduct
  18. Student Misconduct Policy
  19. Use of Artificial Intelligence Policy
  20. Web Policy.
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Section 2 - Definitions

(9) For the purposes of this Policy, Definitions that apply can be found in the Policy DDS Glossary, in addition to the following:

  1. Artificial Intelligence (AI) refers to intelligent technology, programs and the use of advanced computing Algorithms that can augment decision-making by identifying meaningful patterns in data (NSW AI Assurance Framework definition) and Generative Artificial Intelligence (Gen AI) is a wide-ranging term that refers to any form of artificial intelligence capable of generating new content, including text, images, video, audio, or code (from the New South Wales Government’s Generative AI: Basic Guidance).
  2. Artistic works refer to paintings, sculptures, graphics, cartoons, etchings, lithographs, photos, images, drawings, plans, maps, diagrams, charts, models of buildings and illustrations.
  3. Communication means making available online or electronically transmit, and in this Policy, refers to posting Copyright work online via the Learning Management System for educational purposes. Refer to Section 113P Statutory Licence for Works and Broadcasts.
  4. Copyright Collecting Societies means the collective organisations that administer copyrights on behalf of copyright owners, primarily by licensing the use of their works and distributing royalties, and include the Copyright Agency Limited (CAL or Copyright Agency), Screenrights (Broadcasts), the Australian Screen Directors Authorship Collecting Society (ASDACS), Australian Writers’ Guild Authorship Collecting Society (AWGACS) (AWGACS), Australasian Mechanical Copyright Owners Society (AMCOS), Australasian Performing Right Association Ltd. (APRA), Australian Record Industry Association (ARIA), and Phonographic Performance Company of Australia (PPCA).
  5. Copyright owner refers to the person, group or organisation that holds the copyright for the material.
  6. Copyright Works means a literary, dramatic, musical or artistic work in the Copyright Act 1968 (Cth).
  7. Creative Commons refers to a worldwide scheme that provides copyright owners with free licences allowing them to share, reuse and remix their material legally.
  8. External Digital Platforms and Services refers to digital services not managed by the University, such as YouTube, Vimeo, Social Media sites.
  9. Fair Dealing refers to the fair dealing exceptions to copyright infringement in the Copyright Act 1968 (Cth), which provide that using a reasonable portion of a copyright work for (personal) research or study, criticism or review, reporting the news, parody and satire, and purposes related to judicial proceedings will be fair dealing.
  10. Flexible Dealing Exception Section 200AB Copyright Act 1968 (Cth) Use of works and other subject - matter for certain purposes is Content that the University can use where the copyright in a work or other subject - matter is not infringed by a use of the work or other subject - matter if it meets the conditions of Section 200AB.
  11. Indigenous Cultural and Intellectual Property (ICIP) refers to the rights of national and international First Nations and Indigenous Peoples, including but not limited to Aboriginal and Torres Strait Islander Peoples, over all aspects and elements of their heritage. Such heritage encompasses literary, performing, and artistic works, documentation of heritage, traditional knowledge, movable and immovable cultural objects and property, ancestral remains, and Indigenous languages.
  12. “Insubstantial part” is a quote or excerpt from a work. The size does not define an “insubstantial part” of a work; the courts can decide what qualifies as “insubstantial” based on the size and significance of the segment. A short quote or excerpt from a work would be “substantial if it is a distinctive or vital part of the work”.
  13. Live Streaming is sending content, including video and audio signals, in real time over the internet.
  14. The moral rights of individual creator under the Copyright Act 1968 (Cth) are non-economic rights granted to creators, separate from copyright ownership, that protect their personal connection to their work. These rights include the right of attribution (being credited), the right against false attribution, and the right of integrity (protection from derogatory treatment). Moral rights exist automatically for authors of copyright-protected works (literary, dramatic, musical, artistic, and films) and performers, even if they have assigned or sold the copyright.
  15. No Known Copyright Restrictions Content refers to content for which the copyright duration has expired, or where the copyright holder permits others to use the work without restrictions.
  16. Other Jurisdictions refers to the Copyright Laws of other jurisdictions. Search for Copyright Laws in any jurisdiction, use the World Intellectual Property Organisation (WIPO) Member Profile – Laws, Treaties, and Judgments.
  17. Public Domain Content refers to works that are not protected by copyright or other intellectual property rights and are therefore free for anyone to use, share, modify, or adapt without permission or payment, and generally refers to works where the copyright duration has expired, or where the copyright owners has expressly dedicated the work to the public domain.
  18. Reproduction refers to making copies of content.
  19. Statutory Broadcast Licence is the statutory licence set out in Section 113P of the Copyright Act 1968 (Cth). It permits educational institutions to make copies of and communicate radio and TV programs for educational purposes.  The licence and remuneration are negotiated between Universities Australia and Screenrights, and Screenrights administers payment under this licence.
  20. Statutory Works Licence is the statutory licence set out in Section 113P of the Copyright Act 1968 (Cth). It permits educational institutions to make copies of literary, dramatic, musical and artistic works for educational purposes, and copy and communicate text and artistic works in hardcopy and electronic form. The licence and remuneration are negotiated between Universities Australia and the Copyright Agency, and the Copyright Agency administers payment under this licence.
  21. Third Party Copyright Content refers to copyright content not owned by the University.
  22. Universities Music Licence means the agreement negotiated between Universities Australia and the music collecting societies APRA, AMCOS, ARIA and PPCA. It permits universities to copy and communicate musical works and sound recordings for educational purposes, and for some professional uses, including University events and telephone music-on-hold services. More information is available on the APRA AMCOS (Music) website.  
  23. Learning Management System refers to the University's learning management system.
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Section 3 - Policy Statement

(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 Universities Music Licence.

(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.

Specific Legal Obligations

(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:

  1. APRA AMCOS music licensing-for-universities
    Section 113P Copyright Act 1968 (Cth) Statutory License for Works.
  2. Section 113P Copyright Act 1968 (Cth) Statutory License for Broadcasts.
  3. Universities Music Licence.

(25) Universities, including Western Sydney University, pay an agreed fair remuneration to the Copyright Agency for the use of works, Screenrights for broadcasts and Music Agencies APRA/AMCOS and PPCA/ARIA.

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Section 4 - Procedures

(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

  1. Universities Music License 
  2. Section 28 and Section 200AB of the Copyright Act 1968 (Cth).

(28) Fair Dealing Provisions Copyright Act 1968 (Cth):

  1. Fair Dealing for Purpose of Research or Study 
  2. Fair Dealing for Purpose of Criticism or review 
  3. Fair Dealing for purpose of parody or Satire

(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

  1. Pre-recording and recording lectures

(34) Using Audio-Visual content from YouTube, other Digital Services/Platforms and Commercial DVDs

(35) Managing copyright infringements.

Minimise the Risk of Copyright Infringement

(36) University staff and students must minimise the risk of copyright infringement by:

  1. Ensuring that any copying made under a Fair Dealing exception is fair and reasonable.
  2. Not using University equipment, facilities, digital platforms and services for purposes that infringe or increase the risk of copyright infringement, or for any activity that may compromise the security or integrity of University systems or data.
  3. Not storing Copyright Content, especially Content licensed under Section113P Copyright Act 1968 (Cth) for Works and Broadcasts, Universities Music Licence, and Section 200AB Content on digital platforms and services such as YouTube, Vimeo, Sync, Dropbox and Box and similar services.
  4. Acting on the University's advice to minimise the risk of Copyright Infringement.

(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.

Statutory Works Licence and the Learning Management System: The Statutory Works Licence Covers the University’s Reproduction and Communication of Literary and Artistic Works

(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. 

Statutory Works Licence and Printed Program Readings containing Book Chapters, Articles, Images, Lecture Notes and Other Printed Learning Content

(42) The limits for copying imposed bt the Licence are: 

  1. Books – one chapter or 10% of the total pages, whichever is greater.
  2. Hardcopy journals and magazines, including newspapers – one article from an issue or two or more, where they    are on the same subject matter
  3. No more than 10% of the words or pages from a website
  4. Separately published works made available through a website, such as reports, are treated as individual works and subject to the one chapter or 10% rule
  5. Artistic works (Refer to Definitions) from hardcopy and web sources must be checked for Copyright Ownership.

Statutory Broadcast Licence and Using Radio, Television, Cable, Satellite Broadcasts and EduTV for Educational Purposes in the Learning Management System

(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.

Using Sound Recordings in the Learning Management System

(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.

Performance and communication of works or other subject - matter in lectures, tutorials and other educational learning spaces

(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.

Using Section 200AB Content in the Learning Management System

(50) Section 200AB Copyright Act 1968 (Cth), also known as the Flexible Dealing Exception, allows Universities to make limited use of copyright content for instructional and specific purposes.

(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 Universities Music Licence, and is for a particular instructional purpose or is a special case:

  1. Is not used for the University obtaining a profit or a commercial advantage.
  2. Does not conflict with the normal exploitation of the Copyright Content
  3. Must not unreasonably prejudice the Copyright Owner, if a licence for the proposed use can be purchased or obtained.
  4. Is only made available on the University's password-protected the Learning Management System site, and is only for students involved in the educational instruction.

Students with Print Accessibility Requirements

(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.

Pre-recording and Recording Lectures

(55) Copyrighted Content that can be pre-recorded or recorded during a lecture or tutorial:

  1. If it’s your own creative original work
  2. If the University holds Copyright for the content
  3. If it is a Music Licence Sound Recording
  4. If it is from a Copyright Act 1968 (Cth) Statutory Broadcast Licence Content, including Content from the Library's Subscribed E-Resources, EduTV
  5. If it is Copyright Act 1968 (Cth) Section 113P Statutory Works Content
  6. If it is an “Insubstantial part” of a literary or dramatic work
  7. If it is Section 200AB, Copyright Act 1968 (Cth) Content.
  8. If it is Creative Commons Licensed and Open Educational Resource Content.
  9. If the Content is free of Copyright Restrictions or is in the Public Domain.

Designing Podcasts for Students

(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 UniversitiesMusic Licence or Broadcasts and Works used under Section 113P Copyright Act 1968 (Cth) Statutory Licence or  Insubstantial portions of literary works or Readings processed by the Library or is Section 200AB Content.

(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 Universities Music Licence, Broadcasts and Works used under Section 113P Copyright Act 1968 (Cth) Statutory Licence, Insubstantial portions of literary works, Section 113P Copyright Act 1968 (Cth) Statutory Licensed Readings processed by the Library, Section 200AB Content must not be posted to or made available from and stored in Digital Platforms and Services such YouTube, Vimeo, DropBox, Sync and similar Digital Platforms and Services not owned by the University.

Designing Videos for External Digital Platforms and Services

(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 Universities Music Licence, Section 200AB Content must only be posted and made available for enrolled students studying the content via Panopto on the Learning Management System.

Using Audio-Visual Content from Digital Platforms/Services and Commercial DVDs

(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

Fair Dealing Sections 40 to 43 Copyright Act 1968 (Cth)

(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.

Moral Rights: The University Respects the Moral Rights of Authors and Creators

(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:

  1. Australian Copyright Council Moral Rights Fact Sheet
  2. artslaw Moral rights Fact Sheet

Managing Copyright Infringements

(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.

Copyright Notices

(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 Universities Music Licence, and Section 200 AB Content when posting such content to the Learning Management System.

(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.

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Section 5 - Guidelines

(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, Universities Music Licence, Section 28 and Section 200AB of the Copyright Act 1968 (Cth).

(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.

Australian Copyright Act 1968 (Cth) and Artificial Intelligence 

(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 Universities and researchers.

(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:

  1. Library Study Smart Generative AI 
  2. American Psychological Association (APA)7th Edition Generative Artificial Intelligence (AI)
  3. Cope position blog authorship and ai tools

(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.

Future and Recent Copyright Legislative Developments 

(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.

Using Creative Commons Licences, Open Education Resources and No Known Copyright Restrictions Content

(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.

Creative Commons Licences

(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.

Open Educational Resources (OER)

(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.

No Known Copyright Restrictions 

(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.

Social Media and External Digital Platforms and Services

(112) In posting content to external digital platforms and services, it is advisable to use only:

  1. original content that you have created
  2. content that the University owns copyright in, or you own copyright in
  3. content you have written permission in email or by other means to use
  4. content with Creative Commons Licences and similar that allows material to be shared and distributed
  5. content where the copyright duration has expired, has no known copyright restrictions or is in the Public Domain
  6. content from Open Education Resource Sites and similar websites that can be shared and distributed.

(113) Content available under the Section 113P Statutory Licence Copyright Act 1968 (Cth) for Works, Universities Music Licence Content and Section 200AB Content must never be posted to Social Media websites.

Designing Open Educational Programs 

(114) In designing Open Educational Programs, it is advisable to use only:

  1. original Content that you have created
  2. content that the University owns the copyright in
  3. content you have written permission to use
  4. content with Creative Commons Licences and similar that allows material to be shared and distributed
  5. content where the copyright duration has expired, has no known copyright restrictions or is in the Public Domain
  6. content from Open Education Resource Sites and similar websites that can be shared and distributed.

(115) Content available under the Section 113P Copyright Act 1968 (Cth) Statutory Works and Broadcast Licence, Universities Music Licence and Section 200AB Content must never be used in designing Open Educational Programs.

Further Information

(116) Further information is available from the University Copyright Officer.