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Copyright

 


Introduction

At the completion of this module, participants should be able to:

    • Recall the essential features of the relevant copyright laws with regard to the provision of readings to students; 
    • Compare the essential differences in copyright/contract law when applied to providing print and electronic resources; 
    • Understand and correctly apply the principles of copyright law in CSU contexts; 
    • Identify and locate key copyright resource material within the university; and
    • Plan for effective use of readings and resources within CSU Interact.

      What is Copyright?

      Copyright is a set of exclusive rights granted to creators of original works. Whenever ideas or thoughts are made into material form such as written, audio/visual recording, painting, photograph etc (referred to as works) they are protected by Copyright Law.  There is no need to register copyright in Australia, protection is automatic. Although Copyright Law may vary in different countries, the basic principle is to protect the rights of the creator regardless of their country of origin while balancing the needs of users. The laws of each country apply to copying done in that country.

      The Act

      The Australian Copyright Act 1968 gives creators of works a set of exclusive rights to: reproduce their works in material form; publish their works; perform their works in public; communicate their works to the public; and, make, reproduce, publish, perform or communicate an adaptation of their work. These rights will remain with the creator unless they assign the rights to someone else, such as an employer or publisher, under contract or licence.

      Copyright law must be considered when making a copy of somebody else's work.  While viewing, reading or listening to works you are generally not making a copy.  When you copy, print, scan or communicate something you must consider the source and purpose then whether there is a licence or exception that allows you to do so.  This applies to personal copying and copying or communicating for teaching purposes.

      The Act also protects the Moral Rights of creators, requiring acknowledgement of the original creator, regardless of who owns copyright. 

      Exceptions under the Act

      The Act provides exceptions where works may be copied.  CSU relies on licenses described in the Act to copy and communicate material for teaching purposes and must observe licence terms, conditions and limits.

      Australian Universities pay licence fees to CAL (Copyright Agency Limited) and Screenrights (Part VB & Part VA statutory licenses) which are then distributed to the copyright owners for the use of their works based on data collected during CAL or Screenrights surveys which many academic staff will be required to take part in.

      Commercial Licenses

      CSU purchases access to digital material under licence, such as journal articles, electronic books and audiovisual collections. Access to, and use of, these materials is governed by the licence terms and conditions set out in the contract with the database provider which in most cases requires the use of links in Interact. Use of this material does not rely on the Copyright Act as contract law overrides the provisions in the Act.

      Note: There are two categories of licence that CSU can rely on to use non-CSU material for teaching, the statutory licenses (as set out in the Act) and contract licenses negotiated with individual e-resource providers where access is gained through the library databases or Primo search.

      Permission

      Academic staff can request permission to use materials if their use does not fall within the licenses. Permission must be received in writing and should be kept on file with a copy forwarded to the Copyright Coordinator: copyright@csu.edu.au.  These materials can be loaded into Interact if permission is granted.

      Public Domain  

      Public domain materials are those for which the copyright period has expired, the lifetime of the creator plus 70 years. They can be copied and communicated as needed, there is no need to rely on a licence unless they have been republished.  These materials can be loaded into Interact.

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      Creative Commons/Open Access licenses

      Material made available under Creative Commons, or other Open Access licence will generally allow works to be reproduced or communicated provided the creator is acknowledged and the terms of the licence are followed.  As most of this material is available on the web, it should be accessed by providing a link.

      Music

      CSU holds a commercial Music Licence with APRA/AMCOS that allows the use of music for teaching, university events and music on hold. It can only be loaded into Interact for teaching purposes if streamed.  Music can also be recorded from Australian Radio broadcasts or broadcasters websites under the Screenrights (Part VA) licence.  More information: http://www.csu.edu.au/copyright/csuonly/audiovisual-material/music_licence.pdf

      Software

      CSU does not hold a licence that allows software to be copied. DIT may be able to advise.

      PowerPoint & Slide Shows

      PowerPoints provided by textbook publishers, professional bodies or organisations can be used as they are needed, check the terms and conditions and do not load on Interact if there is a statement preventing online use.  If unsure, contact the provider and ask for permission to place online.

      More information:  http://www.csu.edu.au/copyright/csuonly/csu-interact/guide_pponline.pdf

      PowerPoints with non-CSU images may rely on the CAL (Part VB) licence and can be used in class and on Interact provided:

      • the Part VB Copyright notice is displayed in the PPT before the images are viewed
      • images can be sourced in digital format
      • the source is referenced
      • they are loaded in the Collections tool and accessed by using a link in the Interact site.

      More information: http://www.csu.edu.au/copyright/csuonly/general/powerpoints.pdf

      PowerPoint displays created by CSU Academic staff using their own or CSU images can be loaded into Interact.

      Web documents

      Staff should provide links to web documents as the CAL (Part VB) licence only allows 10% of the document to be reproduced in print or communicated on eReserve.  If concerned about their stability, download a copy for your own use and contact the Copyright Coordinator if no longer available online. 

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      Students and copyright

      Students are able to rely on the Fair Dealing provisions in the Act for the purpose of research or study and criticism and review. These provisions can only be relied on for their own use and assessment and no further publication without permission. CSU students own copyright over their own original works, if you wish to use student’s works, (past assignments for example) you must gain the permission of the student to do so.

      Journal and Newspaper articles

      There are three sources for journal articles - print, internet and database.

      Print Journal and Newspaper articles:

      • Part VB (CAL) licence  - must include Part VB Copyright notice
      • 1 article per issue, more than one if on the same subject
      • Provide in print readings, on CD, handout in class or email to students
      • Place in eReserve if not available electronically & link from Interact

      Internet Journal and Newspaper articles: Part VB licence & use as above or it is highly recommended to provide access in Interact by providing a link.

      Database Journal and Newspaper articles: use relies on individual licenses – provide links in Interact

      More Information: http://www.csu.edu.au/copyright/csuonly/general/journal_articles.pdf

      Books

      There are three main sources for books, print, internet and ebooks.

      Print books:

      • Part VB (CAL) licence, must include Part VB notice
      • 10% of the number of pages or 1 chapter, or more if not available for purchase in a reasonable time at a reasonable price
      • limit applies to each subject if provided in print readings or across the whole University if placed in eReserve
      • provide in print readings, on CD, handout in class or email to students
      • place in eReserve if not available electronically & link from Interact

      Books published on the Internet – it may be difficult to distinguish between books published and made available on the internet and those that have been scanned and loaded that infringe copyright.  Books published on the internet can be accessed by providing a link, do not link to infringing copies.  If a portion needs to be included in a print book of readings, CD or as a class handout then the Part VB limits (1 chapter/10%) apply unless available under open access licence.

      Ebooks:

      • use relies on licenses
      • provide links from Interact to the chapter or book title.

      More information: http://www.csu.edu.au/copyright/csuonly/general/book_chapters.pdf

      Images/Artistic works

      Artistic works are defined as a painting, sculpture, drawing (including diagrams, maps, charts, plans) engraving or photograph, any work of artistic craftsmanship.  Images can be reproduced in print books of readings if they are in digital format or scanned from print under the Part VB (CAL) licence, or, used in Interact if loaded into the Collections tool. Images owned by CSU, available under a Creative Commons licence or in the public domain may be used in Interact

      More Information: http://www.csu.edu.au/copyright/csuonly/general/copying_images.pdf

      Audiovisual material

      The Screenrights (Part VA) licence allows the University to record programs broadcast on Australian television and radio for teaching.  The whole or part/s of a program may be used.  They can be shown in class, copied to DVD for distribution or uploaded into Interact provided the Part VA copyright notice is displayed before the recording and it is clearly marked with the program title, date and time of broadcast and broadcasting station and when the copy was made/uploaded.

      Database – TVNews and Alexander Street Press provide the CSU community with access to audiovisual material.  Access by a link in Interact.

      Commercially purchased or hired DVD’s – can be shown in class and transmitted to classes at other sites at the same time.  CSU does not hold a licence to copy commercial DVD’s.

      YouTube clips – only provide links to non-infringing clips. Clips can be displayed in class.

      More Information: http://www.csu.edu.au/copyright/csuonly/audiovisual-material/audiovisual.pdf

      Recording Lectures

      When recording lectures all of the above guidelines should be adhered to as anything displayed in a lecture will be copied unless the recording is stopped for that part of the lecture or edited out of the recording. More information: http://www.csu.edu.au/copyright/csuonly/general/recording_lectures.pdf

      Further information or assistance contact the CSU Copyright Coordinator, Kerry Peterson, kpeterson@csu.edu.au or phone 02 6933 4272.

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      Learning Activities

      There are no learning activities for this module but it is highly recommended that you read the previous content prior to completing the copyright quiz.

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      Assessment

      To test your understanding of Copyright, go to the Quiz which is available from the Interact site called “Copyright Assessment”.

      To access the quiz, log in to CSU Interact:

      1. Click on the "Membership" link in the left-hand navigation menu.
      2. Click on "Joinable Sites" at the top of the membership window.
      3. Type "Copyright Assessment" into the search box on the right and click "Search".
      4. Click on "Join" under "Copyright Assessment" in the search list.
      5. The Copyright Assessment site will now appear in your list of CSU Interact sites.

      Further information and assistance is available from your Copyright Coordinator.

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      Resources

      CSU Copyright website:  http://www.csu.edu.au/copyright

      Create links to resources: http://www.csu.edu.au/division/library/research/faculty/jumpstart

      CSU Intellectual Property Policy: http://www.csu.edu.au/adminman/tec/PolicyonIntellectualProperty.pdf

      How to use resources in the online teaching environment: http://www.csu.edu.au/__data/assets/pdf_file/0007/486097/Copyright2013-Mar04.pdf

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