Deakin University copyright

Asserting Deakin's own copyright
Moral Rights
Guidelines for defining creators/originators
Production credits for courseware

Asserting Deakin's own copyright

Protecting the university's copyright is as important as ensuring that the university complies with the law that protects the copyright of others. The copyright in the study material that you produce as part of your contract of employment belongs to Deakin University. You cannot publish it elsewhere without the permission of the university. Contact the Copyright Officer, Susan Clarke (tel: 78142; fax: 78094; email: susan.clarke@deakin.edu.au), in the first instance, if you want to arrange publication of study materials elsewhere.

If you want a consultant (not an employee of Deakin University ) to produce material for your unit, you must arrange a written contract with them. The contract should make it clear that the copyright in such material, destined for Deakin University Courseware, belongs to Deakin University . Please refer to the policy and standard clauses in the Copyright in Courseware Procedure in The Guide at Copyright in Courseware - Procedure.

All study materials created or compiled by the university must include a copyright notice to indicate that the copyright in the material, or in the form of the material, belongs to Deakin University:

For material created or compiled for a teaching or learning resource, use the following notice:

For materials reproduced in a multimedia format (e.g. on a DVD or CD) which incorporates materials or applications used under licence, use the following notice:

© Deakin University and its licensors [date]
AND any other necessary copyright or trademark notice as required by those licensors. This copyright notice should appear within the credits/help/about section, and preferably also on any label on the object itself (CD, DVD surface) and/or the container/packaging in which it is supplied..

All Deakin University webpages should have the following copyright identifier:

and this statement should be linked to open up the standard Deakin University Copyright notice and disclaimer notice. Any further publication details, particular acknowledgments and/or statements of permissions obtained for copyright material which does not belong to Deakin University should appear on a separate credits page.

Moral Rights

Part IX of the Copyright Act (the Moral Rights provisions) stipulates that
authors/creators of a work retain
1) the right to be correctly attributed as the authors/creators of that work (Part Ix, section 193)
2) the right not to have authorship of the work falsely attributed. (Part IX, section 195AC)
3) the right to prevent a person from treating their work in a manner prejudicial to the author's honour or reputation’. (Part IX section 195AJ).

Attribution of Deakin authors and creators

Authors/creators of Deakin University courseware have moral rights, even though Deakin University may own the copyright within the courseware. In order to meet our legal obligations we must acknowledge authors/creators of courseware; we may also choose as a courtesy to acknowledge others as having come up with the idea, made a contribution, and so on.

Courseware generated by you and your colleagues comes within the scope of the Copyright in Courseware Operational Policy, the Deakin University Copyright Guidelines and Requirements (this site) and within the Intellectual Property – Enabling Policy and Procedure of The Guide.

It is the responsibility of the Unit Chair to ensure that the authors of unit materials are adequately acknowledged with those materials.

As unit chair you may find yourself needing to acknowledge the work of other authors of courseware for your unit. You must ensure that an author/creator’s name is clear and reasonably prominent. This is particularly pertinent when uploading material into DSO. An author/creator’s name must appear/be presented in such a way that someone receiving, seeing, or hearing the work is aware the creator’s name. Note, however, that authors/creators can consent, in writing, not to be identified, and that the University can, under some circumstances, ask individuals to waive their moral rights (for example, the work of a staff photographer may not be attributed).

Courseware produced by Knowledge Media Division

Information needs to be provided by unit chairs about author/creator attribution early in the development/production process. This may be at the handover stage for some materials (e.g. print) or at meetings for other media. The information about author/creator attribution will be reviewed prior to manufacture or uploading of the courseware material, because, in some cases, the contribution of other staff involved in the development or creative process will be such that they should be identified as creators/originators; conversely, some unit team contributions may not, in the end, be included in the final version of the material. Each work group must be aware that the issue of attribution has to be discussed during the development process and that any decisions made concerning attribution are documented.

Do remember that if additional acknowledgements are desired for those who have contributed in some other manner (providing advice, ideas, inspiration, etc.) these additional acknowledgements may also be made.

In the event of a disagreement about who should be acknowledged and how, the matter will be referred to the appropriate divisional Head in consultation with the Dean.

Guidelines for defining creators/originators – those who give 'material form' to an idea

The following guidelines for defining creators/originators and attributing their work take into account the type and quantity of contribution to group projects.

But note: an author is a “creator or originator of Copyright in Courseware”; people who just give ideas and suggestions are not authors. Mere scribes do not create anything, they just record what someone else created, tape the interview and so on.

Literary and dramatic works

Those who contribute content, no matter what size their contribution, should be regarded as creators: most often this will mean faculty teaching staff, but this category could also include consultants or other academic support divisions.
Those who do not contribute content but refine it by commenting on drafts, for example, may be acknowledged as a courtesy, but are not regarded as creators.

Artistic works

Those who produce paintings, sculptures, drawings (maps, diagrams, charts and plans), engravings, photographs, buildings, and models are regarded as creators.
Those who reproduce/refine existing artistic works may not be regarded as creators.
Graphic designers who design templates are regarded as creators.
Those populating or modifying existing typographic templates may not be regarded as creators.

Sound recordings and cinematography films

Video and audio producers, when exercising (artistic) judgement in making programs, are regarded as creators.
Video and audio producers, when taping performances, may not be regarded as creators.

Multimedia works

These are often a combination of separate works, including artistic, literary and dramatic works, sound recordings and cinematography films.
Web designers who design web/screen design templates are regarded as creators.
Those populating or modifying existing web/screen design templates may not be regarded as creators.
Writers of computer programs and database developers are regarded as creators.
Those who develop story boards may not be regarded as creators – it is a planning technique only, and does not reside in the work; those who see new applications for existing technologies may be acknowledged somehow, but are not regarded as creators.

Attributing authors/creators in revised works

To provide suitable credit for current authors/creators to courseware and for the contributions made by previous authors/creators in earlier editions of that courseware the following style of acknowledgement should be followed:

“ Structured and written by xxx and xxx based on work contained in title/edition, originally written in 199x by zzz and zzz.”
“ Structured and written by xxx and xxx based on work contained in title/edition, originally written in 199x by zzz and zzz, and revised in 2001 by xxx.”

In other words, provide the most recent or current authors/creators first, then details for the original or first edition author/creators, followed by details for any subsequent author/creators for the revised editions which came between the current and original.

Production credits for courseware

Production credits must incorporate the full address of Deakin University in the following format:

Deakin University,
Geelong, Victoria 3217,
Australia
www.deakin.edu.au

This address is to be used regardless of the campus on which the work was carried out. It is the official address of the University as a legal entity. Using it provides the protection of the University as a legal entity.

All materials created or compiled by the university must also include a copyright notice to indicate that the copyright in the material, or in the compilation of form of the material, belongs to Deakin University:

For material created or compiled for a teaching or learning resource, use the following notice:

For materials reproduced in a multimedia format (e.g. on a DVD or CD) which incorporates materials or applications used under licence, use the following notice:

AND any other necessary copyright or trademark notice as required by those licensors. This copyright notice should appear within the credits/help/about section, and preferably also on any label on the object itself (CD, DVD surface) and/or the container/packaging in which it is supplied.

All Deakin University webpages should have the following copyright identifier:

and this statement should be linked to open up the standard Deakin University Copyright notice and disclaimer. Any further publication details, particular acknowledgments and/or statements of permissions obtained for copyright material which does not belong to Deakin University should appear on a separate credits page.

NB: For materials created for the purpose of promoting or marketing Deakin University courses and programs you may also need to display the University's CRICOS code: Deakin University CRICOS Provider Code: 00113B