(1)
This document sets out the University of Western Sydney policy with respect to copyright, for the guidance of staff (academic and general), students (undergraduate and postgraduate) and contractors. Matters considered in this policy include categories of materials protected by copyright, protecting the copyright of University materials and avoiding infringement of copyright within the University. (2)
At the University of Western Sydney (University), staff often use material that are protected by copyright in study guides and in material to support online units and teaching activities. While conducting research and other scholarly activities staff and students may also create works that can be protected by copyright. (3)
This policy should be read in conjunction with the Intellectual Property Policy and the IT Acceptable Use of Resources Policy. (4)
Nil. (5)
Copyright in Australia is governed by the Copyright Act (C'th). The Copyright Act describes copyright as the exclusive right to do, and authorise others to do specified acts in relation to works and other subject-matter for a limited term. (6)
Copyright regulation is intended to provide a balance between encouraging and rewarding creators and providing reasonable access by users to copyright material. The Copyright Act, 1968 has provisions that allow the use of copyright material in educational institutions and for purposes such as research or study and criticism or review without requiring copyright permission. (7)
The Copyright Act deals with "works" and "subject matter other than works". The category of works is defined to include literary, dramatic, musical or artistic work, and copyright may subsist in such a work whether, published or unpublished, if it is original. Literary work is a broad term that includes any compilation of words, figures or symbols as well as computer programs or compilations of computer programs. Subject matter other than works comprises sound recordings, cinematograph films, television and radio broadcasts and published editions of works. (8)
Copyright gives the owner of copyright in literary, dramatic or musical works the rights to: (9)
The exclusive rights in an artistic work are slightly more limited. (10)
In addition to being bound by the general provisions of the Copyright Act, the University is also bound by the conditions of separate Statutory Licence Agreements ("Licences") that, pursuant to Part VA and VB of the Copyright Act allow certain reproduction and communication of print, graphic and broadcast materials for educational purposes. The 'educational purposes of the university' include: (11)
The Licences represent agreement between the University and the two Copyright Collecting Societies: Copyright Agency Limited (print and graphic-both hardcopy and electronic use schemes) and Screen rights (audio-visual), who act on behalf of copyright owners. (12)
The Copyright Act also requires that the University, its staff and students; (13)
The University is permitted to use works where: (14)
The University continues to develop systems to ensure that no infringement of copyright occurs and the conditions of its Licences are complied with. A significant part of this management is the development of the UWS Digital Repository for Copyright Materials. (15)
The Copyright Act allows multiple copies of an "insubstantial portions" of a work, to be copied or communicated for free in certain cases. The copying must be carried out at the University for the purpose of an education course provided by it. (16)
For a hard-copy work, no more than 2 pages can be copied in any edition of a work unless there are more than 200 pages in the edition and the total number of pages copied does not exceed 1% of the total number of pages in the edition. (17)
For a work in electronic form, no more than 1% of the total number of words can be copied. (18)
The exception cannot be relied on more than once in a 14 day period in relation to different parts of the one work. (19)
This exception does not apply to artistic or musical works. (20)
Use of literary, dramatic, musical or artistic works, or an adaptation of those works, for the purpose of criticism or review is not a breach of copyright, provided there is sufficient acknowledgement of the work copied. This does generally not apply to multiple copies of a work. (21)
The Fair Dealing provisions also apply to use of a literary, dramatic, musical or artistic works, or an adaptation of those works, for the purpose of research or study. Despite the apparent breadth of this exception, it is generally limited only to personal research and does not apply to multiple copying. (22)
You should contact the Copyright Officer for a Copyright Permission Form, to allow the Copyright Officer to seek permission from the owner of the copyright if the use of materials protected by copyright: (23)
The material must not be used unless written permission has been obtained. (24)
Material on the Internet is protected by copyright. In some cases, material on the Internet may be accompanied by an express permission or an implied permission to do certain things. The Internet is not a copyright-free zone. Staff and students should not assume that they are entitled to download everything you can access on the Internet as some material may be on the web without the copyright owner's permission. (25)
The Digital Repository for Copyright Materials provides centralised storage for all digital copyright material reproduced from either text or graphics in both print or electronic format required by students for Units and Courses of study. (26)
The Digital Copyright Repository was developed to ensure that the University of Western Sydney complies with the Copyright Act and its provisions regarding digitised copying and communication of copyright material for educational purposes. (27)
The Digital Copyright Repository is a university wide resource. (28)
Copyright material used for educational purposes must be lodged with the appropriate staff for uploading to the central Digital Repository for access via WebCT and or the Library's eReserve. (29)
Material stored in the Digital Repository server can be accessed via the Library's Electronic Reserve system, WebCT and other UWS Web sites that support Units of study. (30)
If copyright material for educational purposes is included in a Unit Web site or any other UWS Web site without placement in the Digital Repository, the Copyright Officer will assess such material and, where appropriate, locate it to the digital Copyright Repository. In such instances, a URL will be sent which enables the linking of the document to the relevant site. (31)
Copyright material that is to used for non-educational purposes, and linked to any UWS web site, is not covered by the Licences and must comply with the provisions of the Copyright Act (see Part C above). (32)
Requests for material to be accessed only via the Library's eReserve should be submitted either in print or electronically to the nearest UWS Campus Library. If material is required to be linked to both eReserve and WebCT, please indicate accordingly to Library staff. (33)
Requests for material to be accessed only via WebCT and other UWS Web sites should be submitted electronically in PDF format to the Copyright Officer. (34)
The following categories of material must be lodged for placement into the Digital Copyright Repository: (35)
This material includes: (36)
Generally full text articles from databases to which the Library subscribes, will not be copied and communicated via the Digital Repository, however links to the databases and their contents can be provided by Library staff. These links will be placed in eReserve to enable seamless access for students using non-UWS internet service providers. (37)
Lecture notes, tutorial solutions and exercises etc that use insubstantial (e.g. less than 1%) amounts of material from other works can be placed directly into WebCT by the designer of the material, E-Learning support officers and/or into eReserve by library staff. (38)
Contact any UWS Library for further information. (39)
Hardcopy material e.g. photocopies must be: (40)
If sending original print items, the sender must indicate those pages requiring scanning. (41)
If material is provided scanned into PDF format, the turnaround time of adding to the Digital Copyright Repository is reduced. (42)
Part VA of the Copyright Act contains a statutory licensing scheme for the copying and communication of broadcasts (television, radio, cable and satellite). Copying and or communication done in reliance on the provisions of Part VA will not infringe the copyright in a broadcast, or in any work, sound recording or cinematographic film included in a broadcast. (43)
As a result of an Agreement entered into by AVCC in July 2001, staff will no longer be required to keep full records of audio-visual copying unless UWS is in a sampling period. This is likely to be for a 6 or 12 week period once every 4 or so years. (44)
Staff members are required to comply with the obligations below: (45)
All staff and student are required to comply with the following procedures: (46)
If you have any questions or require further information please contact the Copyright Officer. (47)
At the University, most staff would use and or create material that is protected by copyright on a regular basis in readers, study guides and other Unit Support material. (48)
Use of copyright material in readers and Unit support materials is covered by the Part VB "Hardcopy" Statutory Licence for reproducing hardcopy text, images and notated music when the reproduction is for the educational purposes of the University. (49)
The reproduction and communication of copyright material for educational purposes is governed by the Licences that allow UWS to make multiple copies of material for student work. (50)
The Copyright Act specifies that the following "reasonable portions" of a hard-copy work can be copied or communicated: (51)
Other limitations exist including compliance with the limitation of only 10% of a work being made available in digital form at any given time across UWS. (52)
If more than the above amounts are to be reproduced, that the appropriate written copyright permissions are obtained or that the material is verified by the Copyright Officer as not being commercially available within a reasonable time at an ordinary commercial price. (53)
If you have any questions or require further information please contact the UWS Copyright Officer. (54)
The preparation of Books of Readings for UWS students enrolled in UWS Offshore Programs is governed by Part VB of the Copyright Act, 1968. Part VB is a Statutory Licence which enables UWS to copy and communicate text and images, within certain limits for the educational purposes of UWS. (55)
The Part VB licence applies only to copying and communication which takes place in Australia for Offshore Programs. If material is copied or placed on a server in the country where the Offshore Program is run, that copying and communication is governed by the copyright laws of that country. For example if a UWS course is run in Hong Kong, but the copying of the Book of Readings or the uploading of the readings to a local server takes place in Hong Kong, that copying falls under Hong Kong Copyright Law. (56)
Material may be copied for and/or communicated to students enrolled at UWS for a UWS offshore program. (57)
If the material is being communicated to offshore students via WebCT or another UWS Website, the material must be uploaded to the UWS Digital Repository for Copyright Materials. A hypertext link to the readings in the Digital Copyright Repository will be provided, enabling enrolled UWS offshore students to access the readings. (58)
Refer to "UWS Digital Repository for Copyright Materials" in Part H - Text and Graphics for procedures when using the Repository or contact, UWS Copyright Officer for further information. (59)
The copyright act can be accessed via the NSW Parliamentary Counsel's Legislation website . (60)
Copyright Act, 1968
(61) AMCOS (62) APRA (63) Australian Copyright Council (64) Copyright Agency Limited (65) Phonographic Performance Company of Australia Limited (66) Screen rights (67) VI$COPY (68)
Nil. (69)
Nil.Copyright Policy
Section 1 - Purpose and Context
Section 2 - Definitions
Section 3 - Policy Statement
Part A - What is Copyright?
Part B - University's Obligations under the Copyright Act
Specific Licence obligations
General Obligations
Part C - Avoiding Infringement of Copyright
Part D - Copying of Insubstantial Portions
Part E - Fair Dealing Exception
Part F - Seeking Copyright Permission: Policy
Part G - Material on the Internet
Part H - UWS Digital Repository for Copyright Materials
Educational Uses
Non-educational Uses
Part I - Procedures for Lodgement of Copyright Materials for Educational Purposes into the Digital Repository
Part J - Digital Copyright Material
Part K - Requirements for Submitting Materials
Hardcopy
Electronic Format
Part L - Part VA Licence: Audio-Visual Copying and Communication Procedures - Radio, Television, Cable and Satellite Broadcasts.
Audio Visual Copyright Obligations
Audio Visual Copyright Procedures
Part M - Part VB Licence: Hardcopy Copyright Material
Hardcopy Copyright Obligations
Copying of Reasonable Portions
Books
Journals
Part N - Offshore Programs and Copyright
Part L - Offshore Programs Copyright Policy
Part O - Offshore Programs Copyright Procedures
Part P - References
Legislation
AMCOS administers authorisations for reproduction of musical works. AMCOS also provides guidelines on usage of print music.
ARPA provides licenses for the broadcast of and public performance of copyright music and its transmission to cable service subscribers.
An independent, non-profit organisation which offers a variety of publications on copyright matters.
CAL administers the educational copying PartVB statutory licensing scheme.
Administers the licensing arrangements with regard to performance and broadcasting rights in sound recordings.
Screen rights administers the PartVA Statutory Licence scheme that allows the copying of TV and radio broadcasts for educational purposes.
Copyright collecting society represents the interests of illustrators, designers, photographers, sculptors, craftspeople, printmakers and indigenous artists across Australia.Section 4 - Procedures
Section 5 - Guidelines
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Copyright Collecting Societies