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Copyright A-Z


Please email copyright@cqu.edu.au for suggested entries.

A B C D E F G H IJ KL M NO P QR S T UV W XYZ

A
aCQUIRe

aCQUIRe is CQUniversity's new digital institutional repository, designed to provide open access to CQUniversity's research and scholarly output. The works in aCQUIRe will be freely available on the internet (where copyright permits) and will be fully searchable via Google and other major search engines.

Authors must be sure that they have not assigned away the copyright on an article (or work) before depositing it in aCQUIRe. If a publisher owns the copyright, you can liaise with the library to seek permission. Please consult Copyright Bulletin #28 and the Guidelines for submission of work to the institutional repository aCQUIRe .


Artistic works

According to the Copyright Act 1968 , "artistic work" means:

(a) a painting, sculpture, drawing (includes a diagram, map, chart or plan), engraving or photograph, whether the work is of artistic quality or not;
(b) a building or a model of a building, whether the building or model is of artistic quality or not; or
(c) a work of artistic craftsmanship whether or not mentioned in paragraph (a) or (b); but does not include a circuit layout within the meaning of the Circuit Layouts Act 1989 .

Copying of artistic works is allowed under both fair dealing and the CAL Print & Graphic Part VB Licence .

Public art - Buildings and sculptures which are on permanent public display may be
filmed, drawn, painted and photographed without permission. However, paintings, including public murals on the walls of buildings, may be subject to copyright, so if you photograph or film such artworks with a view to publication, permission may be required.

For more information see Australian Copyright Council Information Sheets for artists at
Special Interest Art, Photography & Design.

 

Audio-visual

According to the Copyright Act 1968, an "audio‑visual item" means a sound recording, a cinematograph film, a sound broadcast or a television broadcast.

Copying of audio-visual items is allowed under fair dealing.
Copying and communication of Australian television and radio broadcasts (and podcasts thereof) is allowed under the Screenrights licence.
Limited copying and communication of music is allowed under the Music Licence Agreement .

 

B

Ballet - See Performances


Blackboard

Blackboard is a learning management system (LMS) used in many courses at CQUniversity. Another system in use at CQUniversity is Webfuse. Both provide an interface for delivery of online resources for students, eg. lesson plans, reading materials, discussion groups.

Lecturers should consult Copyright Bulletin #17 for guidance on what can and cannot be loaded onto Blackboard (or Webfuse) under the terms of the CAL Print & Graphic Part VB Licence . See also tips on Videostreaming .

 

C

CAL - Copyright Agency Limited

CAL is the main Collecting Society for owners of copyright print and graphic works.

The AVCC has negotiated a Statutory Licence Agreement with CAL on behalf of the University, under Part VB of the Copyright Act 1968. Part VB deals with Multiple Print and Electronic copying and communication in Educational Institutions.


Communication, Right of

A work is 'communicated' when it is made available online (both the Internet (WWW) or on an intranet (eg. Blackboard, etc.) or when we electronically transmit the work as an electronic file or email attachment.
 
The university may make works available on-line within the limits imposed by the Part VB CAL licence. However, contracts with information providers such as Database publishers may impose restrictions on how the university can make material available which override the Part VB licence. Always check the terms and conditions of electronic sources before use.

Computer games & Multimedia

Computer games contain a number of different kinds of copyright material such as computer programs, moving images (films), artistic works, music and sound recordings. The University does not have any blanket licenses that allow the copying or communicating of computer games for educational purposes. Do NOT copy or share games on CQUniversity Computing Facilities or internet accounts. The "shrink wrap" that games are supplied in should be checked for "terms and conditions" of use which equate to a "licence" in a court of law.

Students or staff members creating computer games as part of their coursework or research (as with Multimedia) will need to seek permission from the appropriate copyright owners, before incorporating any other works associated with another computer game.

Similarly, Multimedia students or staff may wish to include many different types of works in their presentations, however you may require permissions or licences before they can be used. Students may rely on fair dealing to incorporate reasonable portions of others' works in their assessment pieces, but if the work is then published (including put on a website) or played in public then you will need permission from the copyright owners. Similarly, music covered by the Music Agreement may be used in full for educational purposes, but permission will be required for any use beyond the university. Consideration should be given to finding public domain music or purchasing royalty-free music. See http://www.pdinfo.com/ or http://creativecommons.org for ideas. See also http://www.musicaustralia.org


Computer program

Computer software is considered a "literary work" and protected by copyright laws. Copying "insubstantial" portions of a computer program without a license or permission from the copyright owner may be an infringement. Copying a small portion could be deemed by the courts as "substantial" because the portion is considered an essential, important or vital part of the whole work. The University does not have any blanket licenses that enable copying or communicating of software in general. It does have individual licenses with specific vendors for particular products. Licenses vary from one copy on a specific machine, multiple machines or networked arrangements. Individual licenses should be checked before copying or loading such software on any University machines. More info see University policies, licenses and shareware.

The Business Software Association of Australia, the industry watchdog, has a campaign called "Dob in a Pirate", which actually pays rewards for information on software piracy which leads to a prosecution.

For more information see Copyright Bulletin #24 .
See also the Australian Copyright Council Information Sheet Computer software G50 .

 

Concerts - see Performances .


Contracts - see Licences & contracts

 

Copyright Act 1968

The Australian Copyright Act 1968 provides for rights of copyright owners and for access by users of copyright materials.

 

Copyright Agency Limited - see CAL

 

Copyright Notices

It is University policy that University equipment must not be used for any purpose that constitutes an infringement of copyright. Copyright warning notices must be placed adjacent to all photocopying machines, computers, CD-Burners and scanners and audiovisual equipment that can be used for copying or communicating by students. Notices should also be attached whenever you copy or communicate a work, see here .

 

Crown Copyright

In Australia, Crown copyright is a term which refers to copyright owned by the Commonwealth or State Governments. Government publications are copyright, and generally you will need to seek permission to reproduce them.

In some instances, Government websites may waive some of their copyright in the Terms and Conditions of Use section (eg. Queensland), however do not assume this is the case and always check. You should keep a copy of the relevant waiver with the copy or in your files for future reference.

Permission to use Commonwealth materials may be sought online here .

More info see Australian Copyright Council Info. Sheet Governments (Commonwealth & State) G62


D
Dance - see Performances

Databases - see the Australian Copyright Council Information Sheet Databases, tables & compilations G66.


Digital - see electronic


Disabilities, people with

The University can reproduce and communicate copyright material for people with a print or intellectual disability. A print disability covers:

  • a person without sight;
  • a person whose sight is severely impaired;
  • a person unable to hold or manipulate books or to focus or move their eyes; or
  • a person with a perceptual disability

There are limits, restrictions, notices and marking requirements when copying or communicating third party material in these circumstances.

In general, students who purchase a required textbook may be able to access a free pdf version of the text for use on a computer (magnified, or audio). For more information, see here and contact the University's Equity and Diversity Office.

More info see Australian Copyright Council Info. Sheet Disabilities: use of copyright material by people with a disability G60 .


Dramatic works - see also Performances

"Dramatic works" include plays, screenplays, librettos of operas and any other types of words/text associated with a ballet or dramatic production.


Duration of Copyright

As of 1 January 2005, the general period of copyright protection has been extended from the life of the creator plus 50 years to the life of the creator plus 70 years. There are some exceptions to this, in particular photographs. See here for a detailed list.

The main exception to this rule is copyright material owned by the Commonwealth, State and Territory Governments, (The Crown) which remains at 50 years from publication.


DVDs - Digital Video Disc, see films .


E
Emails
Information in emails or attachments is usually protected by copyright in much the same way as any other communication medium. Frequently included in emails are quotes, (literary works), images (artistic works), moving images (films) or music (sound recordings). Under the Copyright Act, emailing is considered a communication.

Information made available via email discussion lists, is usually the subject of confidentiality, and a set of conditions of use. Circulating information in circumstances outside of these conditions will generally need permission from the copyright owner, i.e. the author of the contribution to the discussion list.


Educational licences - see Licences


Electronic copying - Guidelines - see also CAL Licence, Copyright Bulletin #17


Examinations, use of copyright material in

Literary, dramatic, musical and artistic works are able to be copied without infringement as part of a question to be answered in an examination, or in an answer to such a question. This exception applies to copies only, not communications. Communication of Past Examp papers are subject the University-wide limits of electronic use under the CAL Part VB licence agreement.

See Assessment of Coursework Policy via the CQUniversity Policy Website.


Expiry of copyright - see duration

 

F
Fair Dealing
The fair dealing provisions apply only to individual/personal copying. Students rely on the fair dealing provisions for their own copying. Australia law only allows for fair dealing for the following purposes:
  • Research and Study;
  • Criticism and Review;
  • News Reporting;
  • Reproduction for Purposes of Judicial Proceedings or Legal Professional Advice.

The Copyright Act says that you may copy a reasonable portion of a work for any of the above purposes. The Act defines a reasonable portion for literary and dramatic works as 10%/One Chapter rule. For all other works or subject matter, you must take several things into account when determining if a fair dealing is fair:

  • the nature and purpose of the dealing - are you copying for one of the purposes listed above?
  • the amount and substantiality of the dealing
  • how much is being copied, and what part of the work
  • this is a qualitative as well as a quantitative assessment.
  • the effect of the dealing on the potential market - will your dealing deprive the copyright owner of revenue?
  • the market availability of the item being copied - would it have been easy for you to purchase a new copy of the item being copied?

If you can provide appropriate answers for these four areas, then it is likely that the dealing is fair.

You cannot rely on fair dealing for research or study for including copyright material in your work for publication. If you wish to include copyright material in a work which you plan to publish (beyond quoting insignificant parts and insubstantial amounts) permission must be obtained from the copyright owner. For example, theses which are placed on the Australian Digital Theses (ADT) register through the library cannot rely on fair dealing for inclusion of third party copyright material. This also applies to works self-archived into aCQUIRe. See Writing for Publication.

For more information see Fair Dealing
See also Australian Copyright Council Info Sheets:


Films

Copyright protects both the visual images and accompanying sounds in a film, regardless of the format in which it is recorded e.g. 16mm film, video, DVD and other digital formats. This means the owner of the film will not necessarily own the copyright in other material incorporated in the film e.g. screenplay or music. Therefore ascertaining who owns copyright in films is not always clear and there may be multiple copyright owners for one film.

Screenrights Licence
The University has a licence with Screenrights which enables staff to copy and/or communicate films etc. which have been recorded off television for educational purposes, without seeking permission from copyright owners. Preview copies, marking requirements and limits apply. More information. Films recorded under the Screenrights licence may be shown in ISL classes.

Commercially or independently produced films, videos or DVDs CANNOT be copied or communicated. Permission is required from the copyright owners to do so and a fee may be requested.

Showing a commercially purchased or rent film, video or DVD to students as part of a class, in part or in full, is not an infringement because it is not "reproduced". The audience must be limited to students and/or staff of the University taking part in the specific class, and not for profit.

For more information see the Australian Copyright Council Info sheets:


Format-shifting

A new personal use exception was introduced in December 2006, which allow the owner of certain copyright items to make a copy in a different format for their own personal and domestic use.

What does it cover?

  • Books, newspapers or journals - eg. scan to electronic format OR print out an e-book.
  • Photograph - eg. scan to electronic format OR print out a digital image.
  • Tape, record, CD - eg. rip to mp3/mp4 format. (not podcasts)
  • Videotape - eg. copy to DVD player.

Multiple copies are not permitted, except as is necessary for the technical process of making the copy, eg. ripping a CD to an iPod will necessitate making a copy on the computer's hard-drive as well as on the player.

The copy may not be sold, hired, traded, distributed, or displayed in public, but may be lent "to a member of the lender's family or household for the member's private and domestic use". If the original item is sold, given away or destroyed, then the copy should be destroyed.

This exception is for personal, domestic use only. It does not apply for teaching purposes or for ‘fair dealing for the purposes of research or study'.


G
Government publications - see Crown


Graphs & Charts - See Artistic works



H
Hyperlinking - see Linking
IJ
ISL - see Videoconferencing


Images - See Artistic works


Institutional repository - See aCQUIRe


Insubstantial portion

The Copyright Act allows ad hoc copying of an insubstantial portion of a literary or dramatic work.

This is defined as one or two pages of a literary or dramatic work (if there are more than 200 pages) or no more than one percent of the total number of pages in the work (or no more than one per cent of the words in the work if the work is in electronic form and unpaginated).

A period of more than 14 days must elapse before a person relying on this provision can seek to copy any other part of the same work in reliance on it. Any parts of a work previously made available on-line in reliance on the insubstantial portion provision must be taken down before a person can make another part of the work available in reliance on this provision.


Internet

The Internet is not a copyright free zone and Copyright laws apply, sometimes more stringently than for other communication mediums such as print. Just because someone chooses to put something on the web for general public access, does not mean the information can be substantially or fully copied. Some material on the Internet may be infringing because it has been put there without the permission of the copyright owner.

Before copying or communicating any material from the web, check to see if there are any statements about copyright at the particular website, sometimes called "terms and conditions of use" or "copyright disclaimer". If such a statement is lacking, don't assume that this means you can copy "substantial" portions or the entire "work". Copying and communication limits apply to the Internet in the same way as other communication mediums.

The CAL Statutory licence agreement allows the University to reproduce from the internet:

  • An article from an issue of a periodical (such as an e-zine, or an electronic archive of something originally published on paper);
  • More than one article from the same issue of a periodical if each article is for the same research or same course of study;
  • 10% or one chapter of other textual material#;
  • 10% of notated music#; and
  • Artistic works.

# The university may reproduce more than 10% if the material has not been separately published or has been separately published but is no longer commercially available in electronic form.

If you want to reproduce material in excess of the above limits, it is suggested that you first search the site for any Terms of Use or Copyright Statements which indicate that copying is acceptable for educational or non-commercial purposes.

If no such statement is made, it may be necessary to send an email to the webmaster to establish whether or not the material has been separately published or whether permission is download and print out is given.

For more information see Copyright Bulletin #26.
See also the Australian Copyright Council Info Sheet: Internet: copying from G56.


KL
Library
The Library's Course Resources Online (CRO) Service is the centralised repository for all scanned hard copy articles and book chapters.

Licences & contracts

Sometimes a copyright owner enters into a specific licence agreement (or contract) with users. Copyright owners under the Copyright Act have exclusive rights to their work, and this includes the right to grant some or all of those rights to others. Where such a licence is granted by the copyright owner, the conditions imposed by the owner override the standard provisions of copyright legislation. Users must in all circumstances adhere to the stated conditions of the licence. Some examples of licences include:
  • General waiver - sometimes a copyright owner waives copyright by saying, for example, that their material may be freely used for any purposes, or for non-profit purposes only, etc.
  • Licensed databases - the University Library provides access to a vast array of online information online to students via online database subscriptions. Each of these subscriptions is underpinned by a licence or contract entered into between the University and the database provider. The conditions of individual contracts can vary considerably.
  • Many websites and printed publications contain a copyright and/or "terms and conditions" statement which will cover permitted uses of materials contained in them. These terms and conditions must be strictly adhered to.
  • Conditions of use printed on CDs, DVDs, software, multimedia items, etc.

Remember: licence conditions override normal copyright provisions. Also, it is always good practice to fully attribute the material you copy or communicate, regardless of the conditions imposed.


Licencing - Open Source, FLOSS, Creative Commons, copyleft, etc

An influential development in recent years has been the Creative Commons and Open Source/Free software movements. These projects promote standard licence formats under which copyright owners grant others a range of rights to use, remix and re-purpose their material.

These types of licences have a particular appeal to the scholarly community, whose aim is most frequently to disseminate ideas and research findings as widely as possible, without the focus being on financial reward. See the CQUniversity page on the Open Access Initiative. However, if you earn (or hope to earn) your income from creating copyright material, such licences may not be appropriate for you.

See: Creative Commons, GNU GPL, Wikipedia's FLOSS Concept Book,



Licences - educational (aka Statutory licences)

Using other people's information for educational purposes is generally not free, nor is it covered by the fair dealing provisions in the Copyright Act. To enable staff within the University to copy or communicate other people's works for teaching purposes, several statutory licenses have been attained. These are:
  1. Copyright Agency Limited (CAL) Educational License - (Part VB) this license cover both hard copy and electronic copying or communications of print or graphic materials for educational purposes. Limits, marking requirements, and record keeping applies.
  2. Screenrights Educational License - this license covers analogue and digital copying of free to air or pay TV as well as radio broadcasts. Limits, marking requirements, and record keeping applies.


Linking

Linking is a practical way to provide further references to material outside your website and avoids copying material or storing a copy of a document on university servers. Deep linking is when you link to sites which are beyond the home page of a website. In some cases websites prohibit this activity, usually indicated under the "terms and conditions" of use or "copyright disclaimer" information. If this is indicated, to do so is a breach of the "contract" as the "terms and conditions" of use may be enforceable in a court of law.

If you would like students or other university users to easily access journal articles (or other full-text items) in one of the Library's databases, it may be possible to create a durable or permanent link that will take them straight to the article without having to search the database.

See further discussion of deep linking in Copyright Bulletin #25.


Literary Works

As well as the obvious examples of written works, such as books, poetry, newspaper articles, etc, according to the Copyright Act 1968, a "literary work" includes:

  • a table, or compilation, expressed in words, figures or symbols; and
  • a computer program or a compilation of computer programs.


However, computer programs are NOT included in the CAL Part VB Print & Graphic licence agreement.

Literary works also include song lyrics.
However, opera libretti, plays and screenplays are classed separately as "dramatic works".

Don't forget to fully reference all sources and to display the appropriate Part VB Warning Notice with each work when copying or communicating them to students.


M
Maps - See Artistic works


Moral Rights

If information you are using for educational purposes is not your own, you must acknowledge your source. This is now a legal right of copyright owners called "moral rights". This right concerns a creator's reputation in connection with his/her work. The rights provided are to be attributed or credited correctly in relation to a work and to object to the derogatory treatment of a work.

The Copyright Act outlines two moral rights for authors/creators. These rights remain with the authors of works, they cannot be sold or transferred like a copyright, although in some cases a creator can give consent for their rights not to be observed.

The Right of Attribution ensures that the author of a work has the right to be named as the author of that work. Failure to correctly attribute a work is an infringement of that author's moral rights, and in addition, it is also an infringement to falsely attribute the work to someone else.

The Right of Integrity ensures that a work cannot treated in a derogatory way, that is, altered or changed in any way that will impugn the author's honour or reputation.


Multimedia - see Computer games & Multimedia


Music

Music may contain a number of different copyrights, for example, the composition, the lyrics, the recording, the mixing, the score for different orchestral parts, the artwork for the album cover and the music video.

See here for more information on Music and Copyright. See also details on the University's Music Agreement which allows limited licenced use of music for educational purposes.

For uses in multimedia presentations etc, consideration should be given to finding public domain music or purchasing royalty-free music. See http://www.pdinfo.com/ or http://creativecommons.org/audio/ for ideas. See also http://www.musicaustralia.org

See also Screenrights Licence Agreement for information on recording music off-air from the radio or for recording music videos from television for educational purposes.

Sheet music is subject to the same 10% limit as printed works under the Part VB CAL licence. To copy an entire work, or instrumentation parts etc, you will need to get permission from the copyright owner, unless it is not available at an ordinary commercial price in a reasonable time. See also the AMCOS Guide to Print Music.

For detailed information sheets, visit the Australian Copyright Council Info Sheets on Music .

NO
On-line course materials
The Library's Course Resources Online (CRO) Service is the centralised repository for all scanned hard copy articles and book chapters.

Open Access Initiative

Open Access (OA) is free, immediate, permanent online access to the full text of research articles for anyone, webwide.
  1. the "golden road" of OA journal-publishing, where journals provide OA to their articles (either by charging the author-institution for refereeing/ publishing outgoing articles instead of charging the user-institution for accessing incoming articles, or by simply making their online edition free for all);
  2. the "green road" of OA self-archiving , where authors provide OA to their own published articles, by making their own eprints free for all.


P
Parody and Satire

You can now use copyright material for the purposes of parody and satire, provided your use is "fair".
The terms "parody" and "satire" are not defined in the Copyright Act and have not yet been considered by Australian courts.
See the Australian Copyright Council Info Sheet on Parody, Satire & Jokes G83


Peer to Peer (P2P) file sharing

"Peer to Peer" (p2p) applications have come into widespread use over the last few years. These allow users to participate in a file sharing "community," or "network", allowing users to search the network for files that may interest them, and to bring those files to their own computers. Such downloading generally is not a problem for the University per se, although it puts users at risk personally if they use p2p applications to acquire copyrighted materials without permission to do so.

Most p2p programs also automatically share files from the user's disk to other users worldwide, unless the user takes specific actions to prevent this. Sharing copyrighted materials without permission is quite likely to subject the user and the University to legal sanctions. Moreover, the traffic such sharing generates can easily cause problems for other users at the University. Both of these outcomes can violate University policy.

The University is required by copyright law to take action when notified that someone on its network is distributing copyrighted materials. The University will not protect individuals who distribute copyrighted material unlawfully.

Failure to restrict p2p applications appropriately, whether you are aware of the violation or not, may result in legal and or disciplinary action.


Permission to reproduce - seeking

Even though you may have relied on fair dealing to quote or reproduce copyright works within your assessment items, if you go on to publish or perform a work, you will need to seek permission from the copyright owner to do so. This includes putting your work on-line or displaying it in public, eg. screening a multimedia presentation at an art gallery.

Staff who choose to seek permission to use materials beyond the limits of the Statutory Licence Agreements for course materials, you should lodge a copy of the written permission with the Library's Course Resources Online (CRO) Service. See Copyright Bulletin #19.

For more information see Australian Copyright Council Info Sheets:


Performances - concerts, plays or musicals

For educational Purposes:
A performance in class (visual or oral) is allowable without permission or payment of a fee to the copyright owner/s. A performance may be:
  • Performing a play, or
  • Reading from a literary work, or
  • Playing recorded music, or
  • Showing all or part of a film

The audience must be restricted to staff and/or students of the University, and carried out on a not for profit basis. See also videoconferencing .

Public performances:
Permission will be needed if you want to reproduce, adapt or perform in public. This applies whether or not you are charging an entry fee or are operating on a not for profit basis. Licenses may be required and can be obtained from the various collecting societies such as CAL, APRA, or Screenrights usually at a fee.

Note: adaptations - you will need permission from copyright owners if you intend to rearrange, adapt or translate a script, music, lyrics, novel or story. This includes additions to the works.

For more information see Australian Copyright Council Info Sheets:


Performer's rights

Performers have further rights and consent must be obtained to:
  • Record or broadcast a live performance;
  • Deal commercially with an unauthorised recording of a live performance;
  • Use an authorised sound recording on a soundtrack.
For more information see Australian Copyright Council Info Sheet: Performers' rights G22.

Photographs


Plays - See Performances


Podcasts

A podcast is a way of distributing electronic media files via the internet. Users can subscribe to receive regular downloads or 'web feeds'. It may also refer to any internet media file which a content provider makes available online for download or videostreaming etc.

For example, ABC Radio makes many of its radio broadcasts available on their website for listening or download, or you can set your podcasting software (eg. with iTunes, Juice Receiver, etc ) to automatically receive particular programs. See http://www.abc.net.au/services/podcasting/

Podcasts of content broadcast on free-to-air television or radio, and made available by the broadcaster online, may be reproduced under the Screenrights licence agreement .

See Copyright Bulletin #29 for more guidance on the use of podcasts.


Public Domain

In terms of copyright materials, "in the public domain" means that the copyright term has expired. For example, in Australia, all photographs taken before 1 January 1955 are in the public domain and may be used freely for any purpose with seeking permission from the copyright owner. See Duration for full details on how long copyright lasts.

Wikipedia says "Public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests within a particular legal jurisdiction. This body of information and creativity is considered to be part of a common cultural and intellectual heritage, which, in general, anyone may use or exploit, whether for commercial or non-commercial purposes."

The term is often used in a non-legal sense to refer to anything that has been made public, ie. something that is not confidential, but is widely known.


Publication, writing for

One of the purposes of copyright law is to enable creators to build on the work of others.
In academic publishing (conference papers, textbooks, journal articles and the like), quoting from the work of others is a common practice. Here, there can be a fine line between fair dealing and infringement of another author's copyright. If it can be established that you are including reasonable portions of other works in your own for the purposes of comment, criticism or review, then, provided you have given the author sufficient acknowledgment, the dealing may be fair.

If, however, you are using the quoted material merely to convey the same information as the author, but for a rival purpose, then that is unlikely to be fair dealing, but rather infringement.

When you present a manuscript for publication, the publisher will require you to sign an undertaking that you have obtained all relevant permissions in relation to the use of copyrighted works in your own work. If you are uncertain as to whether your use of these works would meet the criteria for fair dealing, you should take steps to obtain a licence (permission) from the copyright owner to include those portions of their work in your own.

Remember that such things as charts, diagrams, tables and maps are complete works, and you will need to request permission to reproduce them.

 

QR

Quoting; using quotations

You will not need permission if what you are using is not a "substantial" part of the copyright material. However, even a very small part of the original may be a "substantial" part: there is no set percentage. The relevant question is whether what has been used is important, essential or distinctive to the original work. For more information see Australian Copyright Council Info Sheet Quotes & extracts: copyright obligations G34.

Radio
The University has a licence with Screenrights which enables staff to copy and/or communicate radio broadcasts for educational purposes, without seeking permission from copyright owners. Preview copies, marking requirements and limits apply. More information. See also Podcasts.


Research or Study purposes - see Fair Dealing


Reasonable portion

"Reasonable portion" is a term used in the Copyright Act to give guidance on the acceptable amounts that can be copied under both fair dealing and the CAL Statutory Licence.

The 10%/One Chapter rule is the statutory limit which may be considered to be a "reasonable portion" when copying literary, dramatic and musical works (sheet music), other than periodicals, under both fair dealing and the CAL Statutory Licence. See Copyright Bulletin #21 for further discussion of the 10%/one chapter rule.

For periodical publications, it is considered reasonable, under fair dealing and library provisions to copy more than one article from an issue only when they relate to the "same research project or course of study". Similarly, the CAL licence specifies only when the articles relate to the "same subject matter".

If you use more than that, it generally will not be a "reasonable portion", but it may be still be considered fair when other factors detailed in the fair dealing provisions are considered, in particular if, after reasonable investigation, the work cannot be obtained within a reasonable time at an ordinary commercial price.


Reasonable portion should not be confused with the concept of a "substantial" part. See Quoting.

 

S
Screenrights
Screenrights is the main Collecting Society for owners of copyright audio-visual works (film and television producers, etc).

The AVCC has negotiated a Statutory Licence Agreement with CAL on behalf of the University, under Part VA of the Copyright Act 1968. Part VA deals with reproduction and communication of Radio and Television Broadcasts in Educational Institutions. See also Copyright Bulletin #16.


Software - See Computer Programs.


Sound recordings - See Music. See also Films, Radio and Television.


Statutory licences - see Licences

T
Take Down Notices
In the event that a copyright holder believes website is hosting their material in an infringing manner, the copyright holder may issue a 'Take Down notice' to the website owners. The University willingly and rapidly responds to take down notices, and will pursue disciplinary action against offending staff or students where warranted. The CQUniversity Copyright Notice (linked from every University web page) explains the procedure.

Television

The University has a licence with Screenrights which enables staff to copy and/or communicate television broadcasts for educational purposes, without seeking permission from copyright owners. Preview copies, marking requirements and limits apply. More information.

Ten Percent(10%)/One Chapter rule

10%/One Chapter rule is the limit which may be considered to be a "reasonable portion" when copying literary, dramatic and musical works (sheet music), other than periodicals under both fair dealing and the CAL Statutory Licence. See Copyright Bulletin #21 for further discussion.


Theses - see also Writing for Publication

Theses completed for the award of a Masters by Research or a Doctorate of Philosophy (PhD) should be deposited in the Australasian Digital Theses (ADT) collection. The student retains copyright in their work, but licences CQUniversity to deliver it online. Any third-party copyright material, such as photocopies of newspaper articles, or photographs, charts, etc, must be used by permission or excluded from the online version. See Copyright Guidelines for research higher degree theses.

Theses for other postgraduate degrees, such as the Professional Doctorate, Master of Letters and significant Honours research, may be considered for deposit into aCQUIRe (CQUniversity's institutional repository) at the discretion of the Library, upon advice from the relevant Faculty.


Third Party Copyright

The expression 'third party copyright material' refers to copyright material to which another person/entity holds the rights, that is, material for which neither you nor the University are the copyright owner.

Time-shifting

The expression 'time-shifting' refers to the practice of recording a television (or radio) broadcast to watch at a more convenient time. Individuals now have a personal use exception to infringement they can rely upon to tape their favourite shows.

The recording must not be sold, hired, traded, distributed or played in public, but may be lent "to a member of the lender's family or household for the member's private and domestic use".
Further, the time-shifting exception implies that the copy of a program is to be retained for a limited time, not for the purposes of making ‘library' copies to be retained indefinitely and viewed repeatedly.

This exception is for personal, domestic use only. This should not be confused with making recordings of broadcasts already allowed under the Part VA Screenrights Licence. Staff who wish to use recordings of broadcasts for teaching purposes must label the tape/disc correctly for periodic recordkeeping purposes.


TPMs

Increasingly, access control Technological Protection Measures (TPMs) are being used by copyright owners to control access to digital media and to prevent copyright infringement. These range from passwords on websites to electronic locking devices on hardware. The Copyright Act now makes the manufacture, supply and promotion of circumvention devices and services illegal. Large penalties apply to those found to be making, importing and/or commercially dealing in devices that circumvent TPMs e.g. decryption software. This also applies to manufacturing of or dealing in devices which enable unauthorised reception of broadcasts such as pay TV.

Some exceptions apply for use by authorised bodies such as libraries and educational institutions to circumvent TPMs. Check with the Copyright Officer for details.

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Videoconferencing and Videostreaming
Videoconferencing is the practice used for simultaneous multi-campus lectures. For example, the lecturer may be located in Mackay, with students attending in Mackay, Rockhampton and Bundaberg lecture theatres via a live video link. CQUniversity refers to this as or ISL (Integrated Systems Learning).

Videostreaming is a relatively new practice, which replaces the practice of taping ISL lectures for distance education students, etc. Lectures are recorded digitally, and made available for viewing online on a secure intranet.

Commercially purchased or rented Videos/DVDs may be played via videoconferencing in real time - but not if the lecture is being recorded for later distribution or viewing online. However programs or films recorded from television under the Screenrights licence can be recorded and made available online.

For further advice on copyright issues relating to use of audio-visual materials in videoconferencing and streaming, refer to Copyright Bulletin #30.


Videos - see Films
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Web (WWW) - see Internet


Web links - see Linking

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