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Copyright Policy

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Section 1 - Purpose and Context

(1) The University of Western Sydney (UWS), as both a creator and user of copyright material, is committed to ensuring that all staff and students meet the legal obligations imposed by the Copyright Act, 1968 and all current copyright licence agreements to which the University is a signatory. The policy provides a framework for which all staff and students can make legitimate use of third party copyright material for educational, research and non-commercial purposes.

(2) This policy explains the University's expectations regarding the use of third party copyright material for educational, research and non-commercial purposes of UWS. It contains procedures to inform and support staff, students and other members of the University community in minimising the risk of copyright infringement and encouraging respect for the works of other creators.

(3) This policy should be read in conjunction with the Intellectual Property Policy, IT Acceptable Use of Resources Policy, Email Policy and Web Policy. Refer to the Intellectual Property Policy for information regarding the commercialisation of copyright material.

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Section 2 - Definitions

(4) For the purpose of this policy:

  1. Copyright refers to the exclusive rights of reproduction, communication and performance granted by the Copyright Act, 1968 to the copyright holders of literary works, dramatic works, musical works, artistic works, computer software, films, videos, sound recordings, broadcasts and other copyright subject matter.
  2. Copyright holder refers to the person, group or organisation that holds the copyright for the material.
  3. vUWS refers to the Learning Management System, Blackboard used by the University for online learning.
  4. Third Party Copyright Material refers to copyright material not owned by UWS.
  5. "Reasonable portion" of literary, dramatic and musical works - the Copyright Act, 1968 deems that where a literary, dramatic or musical work which is published as a published edition is copied, then provided no more than 10 per cent of the pages or one chapter (whichever is greater), is copied, the amount will be taken to be a "reasonable portion".
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Section 3 - Policy Statement

General Principles and Obligations

(5) The University of Western Sydney aims to conduct its educational, research and non-commercial activities in a manner that is compliant with the provisions of the Copyright Act, 1968 and other copyright licence agreements currently in force.

(6) The University encourages and supports the legal use of third party copyright material to enhance its educational and research activities. The University does not condone the use of third party copyright materials that infringes copyright.

(7) The University expects its staff, students and other members of its community to comply with all applicable legal requirements pertaining to copyright and to take appropriate action to minimise the risk of infringement whenever dealing with third party copyright material, for its educational, research and or non-commercial purposes.

(8) To comply UWS staff and students must:

  1. ensure that the use of any third party copyright material for the University's educational, research or non-commercial purposes, complies with the provisions of the Copyright Act, 1968, the Statutory Licences and other copyright agreements currently in force;
  2. meet the moral rights provisions of the Copyright Act, 1968;
  3. not use university equipment, facilities and services for a purpose that infringes copyright;
  4. adhere to the procedures outlined in Section 4 of this document or with documents placed on the UWS Copyright Website whenever dealing with third party copyright material;
  5. act on the University's Copyright Officer's advice to minimise the risk of copyright infringement.

Specific Legal Obligations

(9) In addition to the general obligations outlined above, UWS staff and community must comply with a number of key licences and provisions of the Copyright Act, 1968.

(10) The following are the key licences, negotiated between Universities Australia and Copyright Collecting Societies which impact on the use of third party copyright material at UWS:

  1. Statutory Licences:
    1. The Part VB Statutory Licence allows universities to make reproductions, both hard copy and electronic, of literary, dramatic, musical and artistic works and to communicate them for its educational purposes, provided this is done in accordance with certain procedures set out in the Copyright Act, 1968 and that equitable remuneration is paid for the reproduction and communication. The Statutory Licence only allows for the reproduction and communication of "reasonable portions" of literary, dramatic and musical works. An agreement between Copyright Agency Limited and Universities Australia provides for an amount to be paid by all universities and for a monitoring system which enables information to be collected by Copyright Agency Limited for distribution of the equitable remuneration between copyright owners.
    2. The Part VA Statutory Licence allows the copying and communication of TV, radio, satellite and cable broadcasts and for broadcasts made available online by the broadcaster for the educational purposes of the University, provided this is done in accordance with certain procedures set out in the Copyright Act, 1968 and that equitable remuneration is paid for the copying and communication. An agreement with Screen rights the audiovisual copyright society and Universities Australia provides for an amount to be paid by all universities and for a sampling system which enables information to be collected by Screen rights the audiovisual copyright society for distribution of the equitable remuneration between copyright owners.
  2. Commercial Licence:
    1. Music Licence agreement which allows for the use of music at UWS events, Music-On-Hold, and certain copying and communication of sound recordings for educational and teaching purposes. The Music Licence is a commercial agreement between Universities Australia and the following music societies: Australasian Mechanical Copyright Owners Society (AMCOS), Australasian Performing Right Association Ltd. (APRA), Australian Record Industry Association (ARIA), and Phonographic Performance Company of Australia (PPCA).

(11) The following are other key provisions of the Copyright Act, 1968 which impose obligations that impact on the use of third party copyright material at UWS:

  1. Fair Dealing for the purposes of study or research and criticism or review;
  2. Using insubstantial Portions of a Work;
  3. The Performance of Works, Sound Recordings and Films in for Teaching Purposes;
  4. Moral Rights - the Right of Attribution and the Right of Integrity;
  5. Use of works and other subject matter for specific purposes;
  6. Copying for inclusion in an examination;
  7. Safe Harbour Provisions;
  8. Students with a Print Disability and an Intellectual Disability

(12) Consult the information sheets on the UWS Copyright Website and if required obtain further advice or clarification from the University's Copyright Officer, about your obligations regarding Section 3 and 4.

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Section 4 - Procedures

Part A - Minimising the Risk of Copyright Infringement

(13) The procedures to use copyright material in vUWS for educational purposes are set out below. They have been developed with a view to minimising the risk of copyright infringement. Also refer to information sheets placed on the UWS Copyright Website.

Part B - Journal Articles and Book Chapters

Online Access to Journal Articles and Book Chapters

UWS Digital Copyright Repository and vUWS

(14) The University continues to develop systems to minimise the risk of copyright infringement. A significant part of this risk management strategy has been the development of the UWS Digital Copyright Repository.

(15) The UWS Digital Copyright Repository provides centralised storage for all digitised third party material used for educational purposes and made accessible via vUWS or other password protected UWS web sites.

(16) Third party copyright material listed below must not be directly uploaded to vUWS or be made available generally:

  1. Journal articles;
  2. Book chapters;
  3. Downloaded PDFs of journal articles or book chapters from the UWS Library's e-resources.

(17) The material listed in Clause 16 must be lodged for placement in the UWS Digital Copyright Repository via the UWS Library's Readings Direct Service. Contact your School's Liaison Librarian for assistance.

(18) For advice or assistance with using third party copyright material in vUWS, contact the University's Copyright Officer.

(19) Surveys of vUWS Unit sites by the University's Copyright Officer will occur several times through the year to determine the level of copyright compliance. External surveys occur every three to four years.

Part C - Using Broadcasts for Educational Purposes

Radio, Television, Cable and Satellite Broadcasts

(20) The Part VA Statutory Licence allows the copying and or communication of television, radio, cable and satellite broadcasts for educational purposes.

(21) The Part VA Licence allows the:

  1. copying and communication of television, radio, cable and satellite broadcasts for educational purposes;
  2. copying and communication of podcasts of Australian broadcasts that are placed online by the broadcaster;
  3. making compilations of copied broadcasts for educational purposes;
  4. making of electronic copies of television, radio, cable and or satellite broadcasts accessible via vUWS, podcasts, CD-ROMs or other electronic formats for educational purposes.

(22) The Part VA Licence does not cover the copying, communication and format conversion of commercially hired or purchased films, videos and DVDs. Please contact the University's Copyright Officer for advice on using broadcasts and or commercial audio-visual material.

Part D - Copyright Act, 1968 - Section 28

Showing Audio-Visual Material During Lectures, Workshops or Tutorials

(23) Section 28 of the Copyright Act, 1968 allows UWS staff to perform (show) broadcasts and commercially purchased DVDs of films and programs during lectures, tutorials and workshops.

(24) Section 28 does not allow the reproduction (copying) of commercial material. Commercial audio-visual material must not be captured in iLectures for delivery to students via podcasts and or placement on vUWS.

(25) Please contact the University's Copyright Officer for advice and assistance with using commercial Audio-Visual material in lectures, workshops and tutorials.

Part E - Music Licence

(26) Universities Australia has entered into an agreement with the following music societies, Australasian Mechanical Copyright Owners Society (AMCOS), Australasian Performing Right Association Ltd. (APRA), Australian Record Industry Association (ARIA), and Phonographic Performance Company of Australia (PPCA).

(27) The music license agreement covers the copying and communication of sound recordings for educational purposes.

(28) An important requirement of the Agreement is that sound recordings placed online via vUWS must be only for listening purposes - downloading is not permitted.

(29) During the life of the music agreement, an annual survey of music placed online will take place during October. Survey and is coordinated by the University's Copyright Officer.

(30) Please contact the University's Copyright Officer for advice and assistance with using the Music Licence.

Part F - Seeking Copyright Permission

(31) Written permission must be obtained from the holder of copyright, if the use of materials:

  1. falls outside the provisions and limits of the Part VA and Part VB Statutory Licences and the Music Licence;
  2. is not for educational purposes, or
  3. is for a wider public audience

(32) If you directly seek permission from the owner of the copyright, a copy of the written permission to use the material must be forwarded to the University's Copyright Officer.

(33) Contact the University's Copyright Officer if assistance is required in obtaining permission to use material.

Part G - Designated Representative (Copyright)

(34) The role of the UWS Designated Representative is to receive notifications and notices from third parties in relation to alleged copyright infringement. Details of the Designated Representative and an Infringing Copyright Material Notice are located on the University's website.

(35) UWS is committed to a timely and effective response to complaints, notifications and reports of alleged copyright infringements and will, in accordance with the following procedures, remove or suppress content which is or is claimed be infringing copyright.

(36) UWS may impose a range of appropriate sanctions on individuals and or groups who contravene usage terms as set out in the: IT Acceptable Use of Resources Policy, Email Policy, Intellectual Property Policy, Misconduct - Student Non-Academic Policy, Mobile Telephony Devices Policy and Web Policy.

Part H - Useful Copyright Links

AMCOS

(37) AMCOS administers authorisations for reproduction of musical works. AMCOS also provides guidelines on usage of print music.

APRA

(38) APRA provides licenses for the broadcast of and public performance of copyright music and its transmission to cable service subscribers.

Australian Copyright Council

(39) The Australian Copyright Council is an independent, non-profit organisation which offers a variety of publications on copyright matters.

Copyright Agency Limited (CAL)

(40) CAL administers the educational copying Part VB statutory licensing scheme.

Phonographic Performance Company of Australia Limited

(41) The Phonographic Performance Company of Australia Limited administers the licensing arrangements with regard to performance and broadcasting rights in sound recordings.

Screenrights

(42) Screenrights administer the Part VA Statutory Licence scheme that allows the copying of TV and radio broadcast for educational purposes.

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Section 5 - Guidelines

(43) Nil.