Copyright and Intellectual Property
About Copyright
Introduction
The basic principle: To balance the copyright owner's need to make a living from their work against the need for others to access that work for particular purposes.
What does copyright apply to?
Copyright applies to original material in both hardcopy and electronic form. Copyright applies to:
(Source: Australian Copyright Council: An introduction to copyright in Australia)
It doesn't apply to:
Creators/artists/composers/writers now also control the right to communicate their work. This means they can therefore control the scanning, downloading or emailing of their works in the same way as they can control photocopying.
Who owns copyright?
Exceptions need to be in writing. Agreement to the contrary can vary either the general rule or the exceptions.
How long does copyright last?
In Australia, from the time a work appears in material form until the life of the creator plus 70 years. In other countries, the duration of copyright varies so advise may be needed to determine whether copyright material is still protected.
Where can I find more information on copyright?
Further information can be obtained from the latest An introduction to copyright in Australia information sheet, available from the Australian Copyright Council website http://www.copyright.org.au.
What does copyright apply to?
Copyright applies to original material in both hardcopy and electronic form. Copyright applies to:
- written materials, such as articles, novels, screenplays, poems, lyrics and reports
- artistic works, such as paintings, drawings, cartoons, sculpture, craft work, photographs, maps and plans
- musical works
- dramatic works, such as dance, plays and mime
- computer programs
- compilations, such as anthologies, directories and databases
- cinematographic films
- sound recordings
- broadcasts
- published editions
- performers
(Source: Australian Copyright Council: An introduction to copyright in Australia)
It doesn't apply to:
- ideas
- concepts
- styles
- techniques
- information
Creators/artists/composers/writers now also control the right to communicate their work. This means they can therefore control the scanning, downloading or emailing of their works in the same way as they can control photocopying.
Who owns copyright?
- General rule: creator/artist/composer/writer is the first owner.
- Exceptions: employees, commissioned works, government.
Exceptions need to be in writing. Agreement to the contrary can vary either the general rule or the exceptions.
How long does copyright last?
In Australia, from the time a work appears in material form until the life of the creator plus 70 years. In other countries, the duration of copyright varies so advise may be needed to determine whether copyright material is still protected.
Where can I find more information on copyright?
Further information can be obtained from the latest An introduction to copyright in Australia information sheet, available from the Australian Copyright Council website http://www.copyright.org.au.
Definitions
Artistic work
Artistic work includes paintings, sculptures, maps, photos, drawings, ceramics and carvings.
Author
Legal term for a creator, artist, composer or writer.
Communicate
To make material available via electronic transmission.
Copy
To reproduce in the same format, for example, photocopying a print item.
DOI
Digital Object Identifier. A unique identifier for electronic items.
Dramatic work
Dramatic work includes plays, film scripts and choreographic works.
Film
Film includes videos, TV programs and cartoons.
Infringement
Infringement occurs when an exclusive right of the copyright owner is exercised without their permission.
Intellectual property
Intellectual property includes trademarks, designs, patents and copyright.
ISBN
International Standard Book Number. A unique identifier for monographs.
ISSN
International Standard Serial Number. A unique identifier for periodical publications.
Literary work
Literary work includes poems, books, rules for games, instruction manuals, songs and computer programs.
Material form
The tangible expression of a creator, artist, composer or writer's intent, for example, ideas written down or an artist's preliminary sketches. When an idea is expressed in material form, copyright can apply to it.
Musical work
Musical work refers to printed (notated) music only, that is, scores.
Ordinary commercial price
The cost to obtain an item from your usual supplier via your normal delivery method. For example, the cost of an item only available as a first edition from a rare book specialist would not be considered an ordinary commercial price.
Original work
Original work refers to new work. The Copyright Act doesn't require original work to be novel or contain new thoughts or ideas. The Act is only concerned with the way the thoughts or ideas are presented.
Public domain
Copyright-free zone. Authors may have chosen to make their work freely available, or copyright in the work may have lapsed over time.
Published
Published material available for sale or distribution. Material on a web site is generally considered to be published.
Reasonable time
The elapsed time before you can assume an item is not available. The working definition was six months for text books, but appears now to be generally defined as 30 days (Source: CAL copyright seminar 2002).
Reproduce
To change the format of an item, for example, to convert from a digital or other electronic machine-readable form into or a two-dimensional form.
Sound recordings
Sound recordings include CDs, vinyl records and taped interviews.
Artistic work includes paintings, sculptures, maps, photos, drawings, ceramics and carvings.
Author
Legal term for a creator, artist, composer or writer.
Communicate
To make material available via electronic transmission.
Copy
To reproduce in the same format, for example, photocopying a print item.
DOI
Digital Object Identifier. A unique identifier for electronic items.
Dramatic work
Dramatic work includes plays, film scripts and choreographic works.
Film
Film includes videos, TV programs and cartoons.
Infringement
Infringement occurs when an exclusive right of the copyright owner is exercised without their permission.
Intellectual property
Intellectual property includes trademarks, designs, patents and copyright.
ISBN
International Standard Book Number. A unique identifier for monographs.
ISSN
International Standard Serial Number. A unique identifier for periodical publications.
Literary work
Literary work includes poems, books, rules for games, instruction manuals, songs and computer programs.
Material form
The tangible expression of a creator, artist, composer or writer's intent, for example, ideas written down or an artist's preliminary sketches. When an idea is expressed in material form, copyright can apply to it.
Musical work
Musical work refers to printed (notated) music only, that is, scores.
Ordinary commercial price
The cost to obtain an item from your usual supplier via your normal delivery method. For example, the cost of an item only available as a first edition from a rare book specialist would not be considered an ordinary commercial price.
Original work
Original work refers to new work. The Copyright Act doesn't require original work to be novel or contain new thoughts or ideas. The Act is only concerned with the way the thoughts or ideas are presented.
Public domain
Copyright-free zone. Authors may have chosen to make their work freely available, or copyright in the work may have lapsed over time.
Published
Published material available for sale or distribution. Material on a web site is generally considered to be published.
Reasonable time
The elapsed time before you can assume an item is not available. The working definition was six months for text books, but appears now to be generally defined as 30 days (Source: CAL copyright seminar 2002).
Reproduce
To change the format of an item, for example, to convert from a digital or other electronic machine-readable form into or a two-dimensional form.
Sound recordings
Sound recordings include CDs, vinyl records and taped interviews.
Requirements for protection
Copyright applies automatically in Australia, unlike some other countries where a formal registration process is required.
What does copyright apply to? Copyright automatically applies to work that is original. However, this doesn't mean the ideas have to be original, or that the work has to have merit. The work must be in a material form. Until it is (while the concept is still in your head) there's nothing for copyright protection to attach to. Does copyright only apply if the copyright symbol is attached? In Australia, no. The convention is to use the copyright symbol, followed by the author's name and date of publication, but this is not required by law. What should I do if I want to claim ownership? Some authors suggest this method of safeguarding your claim of ownership:
This provides dated evidence in case of any subsequent challenge.
What does copyright apply to? Copyright automatically applies to work that is original. However, this doesn't mean the ideas have to be original, or that the work has to have merit. The work must be in a material form. Until it is (while the concept is still in your head) there's nothing for copyright protection to attach to. Does copyright only apply if the copyright symbol is attached? In Australia, no. The convention is to use the copyright symbol, followed by the author's name and date of publication, but this is not required by law. What should I do if I want to claim ownership? Some authors suggest this method of safeguarding your claim of ownership:
- send a copy of the work to yourself via registered mail, and
- file the unopened parcel.
This provides dated evidence in case of any subsequent challenge.
Our licenses
A statutory licence under the Copyright Act allows an educational institution to do certain things that would otherwise be an infringement of copyright, providing those things are done for the 'educational purposes' of the institution. The educational institution pays copyright collecting bodies for this permission. SWTAFE pays for licences from the following collecting bodies:
Copyright Agency Limited (CAL)
SWTAFE pays CAL for the right to:
More information is available at http://www.copyright.com.au/
Screenrights
SWTAFE has no licence with Screenrights. All staff must comply with our Copying Broadcast Policy.
Australasian Performing Right Association Limited/Australasian Mechanical Copyright Owners Society (APRA/AMCOS)
SWTAFE pays APRA/AMCOS for the right to:
More information is available at http://www.apra.com.au/
Where does the money go?
SWTAFE pays various collecting bodies for its educational licences. Most of the money is distributed to the copyright owners.
Copyright Agency Limited (CAL)
SWTAFE pays CAL for the right to:
- reproduce copyright print material
- copy works from print to digital (electronic) format, copy from digital to digital format and communicate digital reproductions of works via email, ftp, the Internet or CD-ROM.
More information is available at http://www.copyright.com.au/
Screenrights
SWTAFE has no licence with Screenrights. All staff must comply with our Copying Broadcast Policy.
Australasian Performing Right Association Limited/Australasian Mechanical Copyright Owners Society (APRA/AMCOS)
SWTAFE pays APRA/AMCOS for the right to:
- play radios in public areas of SWTAFE.
More information is available at http://www.apra.com.au/
Where does the money go?
SWTAFE pays various collecting bodies for its educational licences. Most of the money is distributed to the copyright owners.
Useful websites
Note: The sites referred to in this section are not South West Institute of TAFE sites and are external to our web site. We have provided direct links for your convenience.
Arts Law Centre of Australia
The national community legal centre for the arts.
Provides advice on copyright law issues.
http://www.artslaw.com.au
Australasian Legal Information Institute
Access to the Copyright Act and its amendments.
http://www.austlii.edu.au
Australian Copyright Council Online Information Centre
Provides up-to-date Australian copyright information.
http://www.copyright.org.au
Australian Flexible Learning
A valuable resource which helps to deal with copyright issues that come up in the VET sector.
http://copyrightkitchen.flexiblelearning.net.au
APRA/AMCOS (Australasian Performing Right Association Limited/Australasian Mechanical Copyright Owners Society)
The copyright collecting agency representing music writers and publishers.
http://www.apra.com.au/
Australian Writers Guild Authorship Collecting Society (AWGACS)
The professional organisation for writers of film, television, radio, theatre, video and new media.
http://www.awg.com.au/
Christian Copyright Licensing Asia-Pacific Pty Ltd, LicenSing, Word of Life Pty Ltd
http://www.ccli.com.au/Australia.cfm
Copyright Agency Limited (CAL)
The copyright collecting agency for print creators and publishers.
http://www.copyright.com.au/home.htm
Phonographic Performance Company of Australia Ltd (PPCA)
Represents the interest of record labels and Australian recording artists.
http://www.ppca.com.au/
International Confederation of Societies of Authors and Composers (CISAC)
Australian collecting societies have reciprocal relations with counterparts offshore, most of which are members of CISAC.
http://www.cisac.org/web/content.nsf/Builder?ReadForm
International Federation of Reproduction Rights Organisations (IFFRO)
http://www.ifrro.org/
Screenrights
The copyright collecting agency for creators of audiovisual materials.
http://www.screen.org/
VISCOPY
The copyright collecting society for visual artists in Australia and New Zealand.
http://www.viscopy.com/
Arts Law Centre of Australia
The national community legal centre for the arts.
Provides advice on copyright law issues.
http://www.artslaw.com.au
Australasian Legal Information Institute
Access to the Copyright Act and its amendments.
http://www.austlii.edu.au
Australian Copyright Council Online Information Centre
Provides up-to-date Australian copyright information.
http://www.copyright.org.au
Australian Flexible Learning
A valuable resource which helps to deal with copyright issues that come up in the VET sector.
http://copyrightkitchen.flexiblelearning.net.au
APRA/AMCOS (Australasian Performing Right Association Limited/Australasian Mechanical Copyright Owners Society)
The copyright collecting agency representing music writers and publishers.
http://www.apra.com.au/
Australian Writers Guild Authorship Collecting Society (AWGACS)
The professional organisation for writers of film, television, radio, theatre, video and new media.
http://www.awg.com.au/
Christian Copyright Licensing Asia-Pacific Pty Ltd, LicenSing, Word of Life Pty Ltd
http://www.ccli.com.au/Australia.cfm
Copyright Agency Limited (CAL)
The copyright collecting agency for print creators and publishers.
http://www.copyright.com.au/home.htm
Phonographic Performance Company of Australia Ltd (PPCA)
Represents the interest of record labels and Australian recording artists.
http://www.ppca.com.au/
International Confederation of Societies of Authors and Composers (CISAC)
Australian collecting societies have reciprocal relations with counterparts offshore, most of which are members of CISAC.
http://www.cisac.org/web/content.nsf/Builder?ReadForm
International Federation of Reproduction Rights Organisations (IFFRO)
http://www.ifrro.org/
Screenrights
The copyright collecting agency for creators of audiovisual materials.
http://www.screen.org/
VISCOPY
The copyright collecting society for visual artists in Australia and New Zealand.
http://www.viscopy.com/
Using Material
Communicating print resources for teacher purposes
Communicating means making print copies available via electronic means.
Can't I just do what I want?
What am I allowed to do?
Can't I just do what I want?
- No. Our licence says we have to be able to track and manage all copyright items communicated.
- Strict limits apply, and they're measured not by teacher or by class, but by organisation. This means we have to monitor what is happening overall, to prevent breaches.
- All copyright items copied or communicated must have a warning notice attached.
- Items must not be available to the general public.
What am I allowed to do?
- Communicate copyright items to your students via E Reserve.
- Encourage students to do their own research, for example, using our full text databases.
- Point students to URLs.
Audiovisual material
Staff shall not copy any broadcast (television, radio, or online) under any circumstances for use at or on behalf of the Institute. There will be no use or showing of any broadcast except in strict accordance with the Copying Broadcasts policy.
What may teachers do?
Teachers may:
What may teachers not do?
Teachers may not:
Penalty for Non Compliance
Support and Assistance
Contact Details:
Phone: (03) 5564 8861
What may teachers do?
Teachers may:
- use any video/DVD or other audiovisual resource in the Library collection for teaching enrolled students
- request via the Library the purchase of new AV resources
- show live to air broadcasts
What may teachers not do?
Teachers may not:
- copy live broadcasts and show in or on the behalf of the Institute.
- make a backup copy
- change the format of any audiovisual material, for example, by digitising a portion of a videotape
- use other people's audiovisual material within a recorded audiovisual presentation of their own, for example, a recording on videotape of your class may not include a segment from a commercial video.
Penalty for Non Compliance
- The Institute will take immediate disciplinary action against any staff member who does not comply with this Policy. The penalty for non-compliance may be dismissal from employment.
Support and Assistance
- The Manager of the Student Learning Centre is the key contact point for the provision of support, assistance and training in respect of this Policy.
Contact Details:
Phone: (03) 5564 8861
Print material
Teachers can copy up to the limits of our licence (up to 10% or one chapter, whichever is greater), make multiple copies and distribute.
What if it's my own original work?
You can copy, make multiple copies and distribute. You can communicate the material in other formats, for example, online or via email.
What if copyright belongs to SWTAFE?
You can copy, make multiple copies and distribute. (This excludes items produced on a commercial basis for SWTAFE.)
What if it is in the public domain?
You can copy, make multiple copies and distribute. You can communicate the material in other formats.
What if it is out of print?
You may copy whole literary or dramatic works which are not commercially available within a reasonable time at an ordinary commercial price. Within a reasonable time is generally interpreted as 6 months for text books or 30 days for other works.
What if the copyright owner has already given permission?
Some material contains specific instructions about what may be copied. You can copy up to the limits of these instructions.
What if I need to copy more than 10%?
To copy more than 10% or one chapter, you must get written permission from the copyright holder.
What if it's my own original work?
You can copy, make multiple copies and distribute. You can communicate the material in other formats, for example, online or via email.
What if copyright belongs to SWTAFE?
You can copy, make multiple copies and distribute. (This excludes items produced on a commercial basis for SWTAFE.)
What if it is in the public domain?
You can copy, make multiple copies and distribute. You can communicate the material in other formats.
What if it is out of print?
You may copy whole literary or dramatic works which are not commercially available within a reasonable time at an ordinary commercial price. Within a reasonable time is generally interpreted as 6 months for text books or 30 days for other works.
What if the copyright owner has already given permission?
Some material contains specific instructions about what may be copied. You can copy up to the limits of these instructions.
What if I need to copy more than 10%?
To copy more than 10% or one chapter, you must get written permission from the copyright holder.
Graphics and images
One item may contain a number of separate copyrights, for example, a DVD may contain moving images, a screenplay, music and the artwork for the cover; a book may contain text that is separately copyright, diagrams that are separately copyright and a cover with artwork that is separately copyright.
Can I copy an image for distribution to students?
Our statutory licences permit the reproduction and communication (for example by reproducing the artwork on a secure web site or intranet site) of graphics, pictures, diagrams and images for distribution to students. An image that accompanies text being copied under the statutory licence may also be reproduced along with that text.
Can I copy an image for use in a resource I am writing?
You may do so if:
Can I copy an image for distribution to students?
Our statutory licences permit the reproduction and communication (for example by reproducing the artwork on a secure web site or intranet site) of graphics, pictures, diagrams and images for distribution to students. An image that accompanies text being copied under the statutory licence may also be reproduced along with that text.
Can I copy an image for use in a resource I am writing?
You may do so if:
- the work is out of copyright due to the artist's death more than seventy years prior
- a 'commercial availability' test has been applied and it has been found that a similar reproduction of the artwork cannot be purchased within 30 days
- you have permission from the copyright owner
Music and sound recordings
There are separate copyrights in the recording itself, the music and the lyrics, and if you want to play or perform music in public, that's a separate copyright issue again.
Can I record a cover version of a song?
Once a song has been released, anyone can record a cover version provided they get a licence from the collecting agency. This requires the payment of royalties.
Can I include music on a web site?
If you want to include music on a web site or make it available online, you'll need a licence.
Can I record a cover version of a song?
Once a song has been released, anyone can record a cover version provided they get a licence from the collecting agency. This requires the payment of royalties.
Can I include music on a web site?
If you want to include music on a web site or make it available online, you'll need a licence.
Training packages
Training Packages are copyright to the Australian National Training Authority (ANTA) and can be used by SWTAFE.
Can I change the specifications in Training Packages?
No. Training providers can not change the specifications in these products as they must deliver endorsed Training Package
Can I change the specifications in Training Packages?
No. Training providers can not change the specifications in these products as they must deliver endorsed Training Package
Finding copyright owners
Australia has no formal registration system, so there are no official copyright records (unlike those for other forms of intellectual property such as trademarks, patents and designs).
The process for finding the copyright owner depends on the resource. Here are some useful references:
Books
Contact the publisher. Details will be included in the imprint page.
Computer software
Check the licence agreement, which is usually on the packaging, in the accompanying documentation or in a file within the software.
Films and videos
Check with the film production company. The Australian film commission has directories of producers. For films made by or under the auspice of government, try Film Australia. If you want to screen a film in public, contact the distributors.
Foreign copyright owners
Contact the appropriate Australian copyright collecting agencies. They may be able to put you in contact with relevant bodies.
Government material
Contact details for the administrators of government copyright can be located on the Australian Copyright Council web site at www.copyright.org.au
Music and sound recordings
Contact the collecting agencies.
Material in newspapers and magazines
This area is complex as the rules have changed over time. Sometimes the journalist or photographer will hold copyright, sometimes the newspaper. Contact the publisher to determine the copyright owner.
Visual art, craft and photographs
Galleries or museums holding the work may be able to assist. Note that the owner of the physical item may not be the copyright owner.
Can I get help?
The SLC staff can assist in searching for Copyright owners.
The process for finding the copyright owner depends on the resource. Here are some useful references:
| Aboriginal flag | Australian currency |
| For permission to use the Aboriginal flag, contact: | For permission to use Australian currency: |
| Mr Harold Thomas | |
| PO Box 41807 | The Reserve Bank |
| Casuarina NT 0810 | www.rba.gov.au |
| 61 8 8988 2443 | 1800 633 220 |
Books
Contact the publisher. Details will be included in the imprint page.
Computer software
Check the licence agreement, which is usually on the packaging, in the accompanying documentation or in a file within the software.
Films and videos
Check with the film production company. The Australian film commission has directories of producers. For films made by or under the auspice of government, try Film Australia. If you want to screen a film in public, contact the distributors.
Foreign copyright owners
Contact the appropriate Australian copyright collecting agencies. They may be able to put you in contact with relevant bodies.
Government material
Contact details for the administrators of government copyright can be located on the Australian Copyright Council web site at www.copyright.org.au
Music and sound recordings
Contact the collecting agencies.
Material in newspapers and magazines
This area is complex as the rules have changed over time. Sometimes the journalist or photographer will hold copyright, sometimes the newspaper. Contact the publisher to determine the copyright owner.
Visual art, craft and photographs
Galleries or museums holding the work may be able to assist. Note that the owner of the physical item may not be the copyright owner.
Can I get help?
The SLC staff can assist in searching for Copyright owners.
Getting permission
Do I need permission to use a student's work?
It depends on what you want to use the work for. If you wish to use the work for a commercial product, you must have permission from the student. If you wish to use a testimonial or sample of a student's work for reasonable publicity purposes, such as a print brochure, a web site or Open Day, you do not need permission.
It depends on what you want to use the work for. If you wish to use the work for a commercial product, you must have permission from the student. If you wish to use a testimonial or sample of a student's work for reasonable publicity purposes, such as a print brochure, a web site or Open Day, you do not need permission.
Licensing
Copyright owners sometimes negotiate licence agreements for the use of their work. These specify the conditions and limitations for the licence users and override the general provisions of the Copyright Act. Licence agreements are common for software products. Licences may be given, but are usually sold.
My department has produced a resource and we want to make money from it. Can we issue a licence?
Yes, but not directly. SWTAFE licences are managed through our membership of AEShareNet. Contact the Student Learning Centre.
My department has produced a resource and we want to make money from it. Can we issue a licence?
Yes, but not directly. SWTAFE licences are managed through our membership of AEShareNet. Contact the Student Learning Centre.
Digital copying
SWTAFE staff must comply with copyright laws when copying using digital equipment.
What are the compliance issues for digital copying?
(Source: Gerdsen, Trevor (2001) seminar: Copyright for educational institutions: The impact of the digital agenda amendments)
What are the compliance issues for digital copying?
- The remuneration notice must be in force.
- Staff must be aware of differences to copying limits in analog and digital schemes.
- Only authorised users may access material.
- The prescribed notification must be attached to each electronic copy and communication.
- Staff must be aware of the prescribed period (12 months).
- The limits for electronic copies from works made available online are Institute-wide.
(Source: Gerdsen, Trevor (2001) seminar: Copyright for educational institutions: The impact of the digital agenda amendments)
Digital object identifiers
Digital Object Identifiers (DOIs) have the potential to make copyright tracking and collecting easier.
What is a DOI?
A Digital Object Identifier:
CAL has been appointed as a Digital Object Identifier Registration Agency in Australia by the International DOI Foundation in Geneva.
What is a DOI?
A Digital Object Identifier:
- is a unique identifier for digital work (like an ISBN for a book)
- has imbedded rights information
- takes users directly to content online
- links to related content
- allows e-commerce for content online.
CAL has been appointed as a Digital Object Identifier Registration Agency in Australia by the International DOI Foundation in Geneva.
Adapting Material
Can I get permission to adapt another person’s work?
Yes. They may give you the right to adapt their material. If they do, you must:
The golden rule is 'don't make assumptions'.
- always acknowledge them.
- ensure you don't misrepresent them by changing the nature of their work.
- add permission to the SWTAFE permissions register, see SLC.
The golden rule is 'don't make assumptions'.
Is it correct that one item can have a number of copyrights?
Yes. One item may contain a number of separate copyrights, for example, a CD may include a number of sound recordings, each of which is separately copyright; a video may contain moving images, a screenplay and music; and a book may contain text that is separately copyright and diagrams which are separately copyright.
What should I do if I wish to use another person’s work?
Establish who owns the work. If the copyright belongs to SWTAFE you cannot assume you may adapt the material, for example, commercial products developed by TRENDS and sold at a price to cover development costs, may not be adapted and may only be used if purchased.
- Is it on TVET? This material may be used and adapted (and acknowledged) according to the site instructions. For further information, see http://www.aesharenet.com.au/
- Is it on the TAFE Virtual Campus? This material may be used and adapted (and acknowledged) according to the site instructions. http://www.tafevc.com.au/
- Check the copyright statement on the material itself. There may be specific permission required to adapt and modify (and acknowledge) for educational purposes.
- If none of the above applies, seek written permission from the copyright owner to adapt or modify the material. This may be freely given, or may cost. Please use the Copyright Permission Request template. Once permission is given please notify the SLC for inclusion on the SWTAFE Permissions Register.
- In all cases, clearly acknowledge the original authors.
Creating Material
Writing material
The 10% rule only applies to using copyright material for distribution to students. It does not apply to the development of new materials.
l. in the public domain?
Can I use student work?
What should I do when I write material?
You should:
What if I need students to read material from another text?
You can:
What about material I am developing for commercial use?
For material developed for commercial use or publication, follow the guidelines of your contract. Generally, you should seek permission if you intend to use more than about 100 words of copyright text or any image, graph, table, plan or similar material.
What if I want to use material in the public domain?
You may use any material in the public domain. Material in the public domain includes material by Australian creators, artists, composers or writers who have been dead for more than 70 years from the date of publication.
Can I use student work?
You can use student work provided you have written permission from the student to do so and provided that you fully acknowledge the student as the copyright owner as you would other copyright owners. If you are using the work of a number of students, you might include a statement in the imprint page such as, 'All original works reproduced by permission of the artist'.
l. in the public domain?
Can I use student work?
What should I do when I write material?
You should:
- develop and use original words and images where possible
- use any material for which you have written permission
- include material from a published text if you have permission from the author and if students have assured access to that published work.
What if I need students to read material from another text?
You can:
- direct students to the copyright material (examples)
- include small amounts (up to 10% or one chapter, or up to 10% of the words of an Internet source) of copyright material if you are developing material solely for internal use with enrolled students. You must fully acknowledge the source of the material so that it's clear that it is someone else's work. This applies to Internet material as well as books.
What about material I am developing for commercial use?
For material developed for commercial use or publication, follow the guidelines of your contract. Generally, you should seek permission if you intend to use more than about 100 words of copyright text or any image, graph, table, plan or similar material.
What if I want to use material in the public domain?
You may use any material in the public domain. Material in the public domain includes material by Australian creators, artists, composers or writers who have been dead for more than 70 years from the date of publication.
Can I use student work?
You can use student work provided you have written permission from the student to do so and provided that you fully acknowledge the student as the copyright owner as you would other copyright owners. If you are using the work of a number of students, you might include a statement in the imprint page such as, 'All original works reproduced by permission of the artist'.
Attribution
All original material produced by SWTAFE should contain clear identifying information. This helps your colleagues and others who may wish to access the material. Please ensure material carrying SWTAFE identifiers is original SWTAFE material and that it contains appropriate attribution for any copyright material used.
Institute materials
1. On the verso/imprint page:
"[insert title of resource and other identifying details such as course, module etc]
© South West Institute of TAFE [insert year]
[optional - insert name of Centre/Department/School]
All requests and enquiries regarding use and availability should be directed to:
Bryan Amarant
Student Learning Centre
South West Institute of TAFE
PO Box 674
Warrnambool Vic 3280
03 55 648 861
South West TAFE wishes to acknowledge the contribution from the following persons in the development of this [insert appropriate descriptor eg. resource/book/course material].
[insert name of staff - alphabetically, by surname (the safest) and position.
2. On the footer of each page:
© South West Institute of TAFE [insert year]
Other materials For all other copyright material, including other Institutes material, the following information must be included:
Institute materials
1. On the verso/imprint page:
"[insert title of resource and other identifying details such as course, module etc]
© South West Institute of TAFE [insert year]
[optional - insert name of Centre/Department/School]
All requests and enquiries regarding use and availability should be directed to:
Bryan Amarant
Student Learning Centre
South West Institute of TAFE
PO Box 674
Warrnambool Vic 3280
03 55 648 861
South West TAFE wishes to acknowledge the contribution from the following persons in the development of this [insert appropriate descriptor eg. resource/book/course material].
[insert name of staff - alphabetically, by surname (the safest) and position.
2. On the footer of each page:
© South West Institute of TAFE [insert year]
Other materials For all other copyright material, including other Institutes material, the following information must be included:
- title of publication
- name of author (where available)
- name of publisher
- actual page(s) copied
The Internet
Copyright and the Internet
Internet material is no different from other types of material and the usual copyright rules apply. Be aware that:
What are the guidelines for using Internet material?
Can I include a link to another web site in my work?
You can include a link to the home page of a site in your work, but don't deep link without specific permission. It's best to protect yourself by getting written permission to link to the home page. You can use disclaimers and separate windows to separate other people's work from yours.
- material on the Internet is considered to be published
- country of origin is generally irrelevant
- people who don't know what they're doing can publish material on the Internet. Their work may not be credible and they may flagrantly breach copyright. Unfortunately, ignorance on your part is no defence if you use such material.
What are the guidelines for using Internet material?
- You can copy up to 10% of words. It may be unclear exactly what 10% is (a screen, a segment or a site?), so use common sense. (This will be determined in the courts one day.)
- You may need permission to use tables, graphs or drawing created by someone else.
Can I include a link to another web site in my work?
You can include a link to the home page of a site in your work, but don't deep link without specific permission. It's best to protect yourself by getting written permission to link to the home page. You can use disclaimers and separate windows to separate other people's work from yours.
SWTAFE's website
The web site is our authoritative source for users, so the information on it must be accurate and must comply with legislative requirements.
Is material on our web site considered to be published?
Yes. Internet material is considered to be published. Material in the public area of our web site is available to anyone in the world.
What precautions must we take when posting copyright material to our web site?
We must ensure the material is only available to the cohort covered by our licence (that is, SWTAFE staff and students, not the general public).
Is material on our web site considered to be published?
Yes. Internet material is considered to be published. Material in the public area of our web site is available to anyone in the world.
What precautions must we take when posting copyright material to our web site?
We must ensure the material is only available to the cohort covered by our licence (that is, SWTAFE staff and students, not the general public).
TAFE Virtual Campus
SWTAFE is a registered user of the TAFE Virtual Campus (TAFE VC3) and has permission to obtain copies of the online learning resources contained within the TAFE VC Online Courseware Catalogue.
What is the situation regarding copyright and material on the TAFE VC3?
Most TAFE VC3 resources (there are exceptions) can be downloaded and modified. We can edit or remove content and activities within the resource and can add content and activities. This includes the combination of different resources within a single piece of courseware. The modified units can be used in the delivery of training, including fee-for-service courses, but the courseware itself cannot be resold.
Units in the TAFE VC3 catalogue with the code ending in SA can only be modified by up to 5%.
Screenshots of the courseware can be used in promotional material.
If I modify TAFE VC3 resources, do I need to acknowledge that I have done so?
Yes. You must acknowledge OTTE and the original developing team, institute or organisation.
What is the situation regarding copyright and material on the TAFE VC3?
Most TAFE VC3 resources (there are exceptions) can be downloaded and modified. We can edit or remove content and activities within the resource and can add content and activities. This includes the combination of different resources within a single piece of courseware. The modified units can be used in the delivery of training, including fee-for-service courses, but the courseware itself cannot be resold.
Units in the TAFE VC3 catalogue with the code ending in SA can only be modified by up to 5%.
Screenshots of the courseware can be used in promotional material.
If I modify TAFE VC3 resources, do I need to acknowledge that I have done so?
Yes. You must acknowledge OTTE and the original developing team, institute or organisation.
Teacher's and Students Rights
Copyright owners' rights
The creator, artist, composer or writer has a bundle of exclusive rights over their work. They have rights over:
These rights can be divided into two groups:
What are economic rights?
Economic rights include:
What are moral rights?
The original author of a work has the right:
Can a copyright owner relinquish their rights?
Yes. Sometimes the creator, artist, composer or writer relinquishes some of their rights in exchange for other benefits. For example, a novelist may hand over most rights to a publishing house in exchange for their expertise in handling publishing and distribution.
Are there exceptions to exclusive rights?
Yes. The Copyright Act allows some exceptions to these exclusive rights via a range of free and paid licences. These exceptions help to strike a balance between the author's right to earn a living and the public's right to access their work.
- reproduction of the work
- publishing of the work
- public performance of the work
- adaptation of the work
- communication of the work to the public.
These rights can be divided into two groups:
- economic, and
- moral
What are economic rights?
Economic rights include:
- reproduction (for example, copying, publishing, constructing 3-D plans from 2-D plans)
- adaption
- performance
- communication.
What are moral rights?
The original author of a work has the right:
- to have the integrity of their work maintained
- to be attributed and acknowledged as the author of the work
- not to have their work adapted or falsely attributed to an unauthorised person.
Can a copyright owner relinquish their rights?
Yes. Sometimes the creator, artist, composer or writer relinquishes some of their rights in exchange for other benefits. For example, a novelist may hand over most rights to a publishing house in exchange for their expertise in handling publishing and distribution.
Are there exceptions to exclusive rights?
Yes. The Copyright Act allows some exceptions to these exclusive rights via a range of free and paid licences. These exceptions help to strike a balance between the author's right to earn a living and the public's right to access their work.
Teachers' rights
The Copyright Act specifies that the copyright owner controls the use of their material. However, it allows some exceptions. These are in the form of free licences and paid licences.
What licence do SWTAFE staff rely on?
SWTAFE staff rely on the provisions of paid educational licences from collecting agencies.
What licence does our library rely on?
The SWTAFE library generally relies on SWTAFE's paid educational licences, but sometimes relies on the Free libraries and archives licence, particularly when copying for and communicating to other libraries. Other types of libraries rely on the Free libraries and archives licence. This is much more restrictive than the educational licences.
Do licences only apply to the education industry?
No. Publishers seek individual permissions (expressed permission) from copyright owners. Other organisations may have negotiated paid licences with collecting agencies. If so, they rely on that paid licence. If not, they have no rights to reproduce copyright material.
Can we bind photocopies into course packs?
Yes.
Can we sell course packs and disks or CD-ROMS of reading material to students?
Yes, on a cost recovery only basis.
Do hard copies have to be marked or annotated with any information?
Yes, with the name of the author.
Do electronic copies have to be marked or annotated with any information?
Yes, with the name of the author and the Copyright Act Part VB warning notice.
Are methods and techniques covered by copyright?
No, it's the words used to describe the method or technique that is copyright.
Can I reproduce another training manual if I change it a bit?
No.
Can I use copied material for a videoconference?
Yes. As long as the amounts of any copied material used for a videoconference are within the limits prescribed in the Copyright Act (for example, 10% of the words of a book in electronic form).
What licence do SWTAFE staff rely on?
SWTAFE staff rely on the provisions of paid educational licences from collecting agencies.
What licence does our library rely on?
The SWTAFE library generally relies on SWTAFE's paid educational licences, but sometimes relies on the Free libraries and archives licence, particularly when copying for and communicating to other libraries. Other types of libraries rely on the Free libraries and archives licence. This is much more restrictive than the educational licences.
Do licences only apply to the education industry?
No. Publishers seek individual permissions (expressed permission) from copyright owners. Other organisations may have negotiated paid licences with collecting agencies. If so, they rely on that paid licence. If not, they have no rights to reproduce copyright material.
Can we bind photocopies into course packs?
Yes.
Can we sell course packs and disks or CD-ROMS of reading material to students?
Yes, on a cost recovery only basis.
Do hard copies have to be marked or annotated with any information?
Yes, with the name of the author.
Do electronic copies have to be marked or annotated with any information?
Yes, with the name of the author and the Copyright Act Part VB warning notice.
Are methods and techniques covered by copyright?
No, it's the words used to describe the method or technique that is copyright.
Can I reproduce another training manual if I change it a bit?
No.
Can I use copied material for a videoconference?
Yes. As long as the amounts of any copied material used for a videoconference are within the limits prescribed in the Copyright Act (for example, 10% of the words of a book in electronic form).
Students' rights
The Copyright Act specifies that the copyright owner controls the use of their material. However, it allows some exceptions. These are in the form of free licences and paid licences.
What licence does a student rely on?
Students have rights to copy, reproduce and communicate copyright material under a free licence. This allows them fair dealing for the purpose of research and study. The licence ceases when a student stops being a student, for example, when a multimedia student becomes a freelancer or starts a business, they will have no rights to copy, reproduce or communicate copyright material.
What can students copy?
Students may copy:
Can students change the format of work?
Students can change the format of a reasonable portion of work, for instance, a student may digitise a small part of a video for presentation in an assignment.
Can a student use copyright materials for commercial purposes?
No. Students must:
What licence does a student rely on?
Students have rights to copy, reproduce and communicate copyright material under a free licence. This allows them fair dealing for the purpose of research and study. The licence ceases when a student stops being a student, for example, when a multimedia student becomes a freelancer or starts a business, they will have no rights to copy, reproduce or communicate copyright material.
What can students copy?
Students may copy:
- a reasonable portion of a book or dramatic work (this usually means up to 10% or a chapter of print, or up to 10% of the words from an electronic source, whichever is greater)
- one article from a periodical publication (journal, magazine, newspaper) or more if the subject matter is closely related. The subject matter has to be about the same topic. (For example, they can't copy all of a computer magazine just because they think the magazine is about computers. They may, however, be able to copy two articles from that magazine on the topic of XML.)
- more than a reasonable portion of works which are out of print or not available within a reasonable time at an ordinary commercial price
- all of an artwork that has not been separately published
- all of an artwork that accompanies or explains the text being copied
- all of an artwork if copied from an electronic source, that is, a still (not animated) artwork.
Can students change the format of work?
Students can change the format of a reasonable portion of work, for instance, a student may digitise a small part of a video for presentation in an assignment.
Can a student use copyright materials for commercial purposes?
No. Students must:
- be using the material for the purpose of research and study
- not use the material for commercial purposes
- acknowledge all material used (go to the SWTAFE Library web site for assistance on citing references and preparing a bibliography)
- realise that much more restrictive rules apply for non-student use. When students cease being students, they lose the rights to copy, reproduce and communicate copyright material under the free 'fair dealing for the purpose of research and study' licence.
