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Copyright subsists once an idea is expressed in a material form, for example, written, photographed, recorded or filmed. The creator is automatically assigned copyright. They have control over who can copy, publish, perform or put online the resultant work. As a student you will need to use other people’s copyright material and must ensure that you have a legal right to do so. The Internet is not a copyright-free zone. You can’t assume just because it’s easy to copy that it’s legal!
The 'Fair dealing' provisions of the Copyright Act permit the use of the following material for the purpose of individual research and study, or for the purposes of criticism or review between individual students:
No, it may not. The only instances you could possibly rely on the 'Fair dealing' provisions in the Act for protection against copyright infringement when making a copy of a film, DVD, CD or similar, would be when
The nature of the film, DVD, video or CD item (whether it is a newly released commercial film or music CD for example) and the amount copied would also be a deciding factor in assessing whether or not the copying could be considered as 'Fair dealing'.
So you should be extremely careful before copying any film, video, DVD or music material for your own individual research or study.
From time to time you may need, as part of your assessment, to present copied materials to your peers and instructors. You may wish to distribute a photocopy of a chapter of a book among the other class members; upload an image onto a unit CloudDeakin site for discussion; or show part of a TV program when giving a class talk or presentation.
In most cases, you will be able to rely on the 'Fair dealing' provisions of the Copyright Act for these sorts of uses.
However, you should exercise caution when copying or sharing online with your peers and instructors audio-visual material such as films, DVDs, CDs etc. Make sure that you can justify your usage as 'fair'. When sourcing audio-visual materials online, you should beware of sites that are already infringing the owner's copyright. Sites with user-submitted content such as YouTube fall into this category.
One of the most important aspects of copyright concerns the right of the author or creator of a work to be acknowledged. You need to clearly indicate, preferably with the material and in accordance with the standard citation procedures adopted by your faculty or discipline, the author and the source of any material that is not your own.
Similarly, even if you adapt someone else's work to create a work of your own - perhaps a diagram or table containing data which you would like to present with your own data - it is advisable to clearly indicate that your 'work' (diagram, table, etc. ) 'is based on or adapted from a model or method created by [the author or creator's name] in the following publication … ' [give the proper citation or at least give their name and the source details for their original work, diagram, table in an appropriate referencing style].
The 'right of acknowledgment' forms part of the 'Moral Rights' provisions in the Copyright Act:
Further information on plagiarism (passing off someone else's ideas or work as your own) is available at the study skills website.
The University has strict policies on Plagiarism and collusion. You should read the policies in the Guide at:
The University absolutely forbids the use of its computing and communications facilities for any purpose which would breach copyright. Any breach may lead to disciplinary action, including loss of access privileges and reporting of the incident to the appropriate Discipline Committee, according to University legislation and policy. The University will remove any alleged infringing material on its information systems without prior notification.
If you are conducting research there are copyright issues to consider in relation to publishing your material. See the information on the Copyright for research students page.
For your own research you will still be able to rely on the 'Fair dealing' provisions described above. However, different rules will apply to the use of third-party material in your employment and you will probably require copyright permission.
For further information, see the Australian Copyright Council website at: