Deakin University Copyright Guidelines and Requirements
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Q: I’m making copies on behalf of a student with a print disability – how
much may I copy?
A: If you are assisting a person with a print disability you may copy the whole
or part of
• a published edition
• a published literary or dramatic work
• a photograph, or
• an electronic version of the work
AS LONG AS a braille version or a large-print version of the work has NOT been separately published and CANNOT be obtained ‘within a reasonable time at an ordinary commercial price’.
You do not have to look around for a second-hand copy.
Similarly, you may also copy sound recordings AS LONG AS they CANNOT be obtained within a reasonable time and at an ordinary commercial price.
Q: May I reproduce the whole of a book in which the copyright has
expired?
We may reproduce and/or communicate the whole or part of a work that is out
of copyright. Please refer to 'What
is copyright: definitions'.
Q: Can we copy computer programs?
A: The Copyright Act only allows limited reproduction of programming code or
software for the purposes of making a personal back-up copy of a program,
for testing purposes, or to fix errors in the program. (See Division 4A of
the Act: ‘Acts not constituting infringements of copyright in computer
programs’). The Educational Provisions in the Act – notably part
VB of the Act - expressly exclude the copying and or communication of computer
programs (see Part VB section 135ZE)
Q: I want to indicate that I hold copyright over my own work. How
do I do this?
A: Copyright protection is automatic in Australia for published and unpublished
works. There is no need to register copyright. International treaties such
as the Berne Convention ensure that most foreign copyright works are protected
in Australia under Australian copyright legislation, and Australian copyright
owners are protected in most other countries under the equivalent law of that
country. Deakin University has developed guidelines for protecting Deakin University
copyright.
Q: Do I need to use the © symbol to indicate copyright?
A: Use of the symbol © (or similar equivalent copyright indicator) is
not a legal requirement in the majority of countries. Its presence simply reminds
users that the owner has certain rights in the work and tells them the name
of the copyright owner and the date of publication (or creation if the material
is unpublished). The notice takes the form of the copyright symbol, followed
by the name of the copyright owner and the year of first publication (e.g. © Deakin
University 2004).
Q: I have refined my study materials over the years I have worked
at Deakin and I think that they would be useful to students across Australia.
I am therefore converting them into a textbook, which I plan to publish commercially.
Are there any copyright implications?
A: Yes, by virtue of your employment at Deakin (unless you already have a special
contract), the copyright on your study materials belong to the University.
Therefore, any exploitation of that work must be done in collaboration and
agreement with the University (and any profit may, therefore, be shared.
For
further advice, contact Susan Clarke, Copyright Officer, ph: 78142; email: susan.clarke@deakin.edu.au).
Q: I am producing an edited document book based on letters from the
Australian National Archives. Should I get copyright permission from the
archives?
A: The archives probably do not own the copyright in these letters. If they
have never been published before, the copyright resides with the author of
them (no matter who owns the physical piece of paper). If the author is dead,
then the copyright is owned by the descendants of the author and you need to
seek their permission. If the letters have been published before, then copyright
elapsed fifty years after the death of the author.
Of course, from a scholarly point of view, you will want to acknowledge the archives assistance and, if you are reproducing photographs owned by the archives, they will often have a preferred formula for acknowledging them and, sometimes, will place restrictions on how the photo may be used.
Q: What happens to our use of copyright materials if we sell a course
on?
A: If the buyers of the course, such as CPA or ANZ (who contract out their
training to DeakinPrime), are not an ‘educational institution’ under
the Act, they can't rely on the Part VB licence to reproduce copyright materials.
When selling teaching materials to other institutions we must advise them that
they have to either be covered by a Part VB statutory licence or get the express
permission of the owners of the copyright in all the materials not owned by
Deakin (journal articles etc). Sales of course materials must be signed off
at Dean level or higher. All contracts for such sales must go through the university
solicitor’s office.
Q: I know that the moral rights legislation requires me to acknowledge
the authors of works, but I reproduce classic journal articles without the
abstract or the author name and publication details and ask my students to
write an abstract in order to test their comprehension. Later I give the
students the full citation of the article so they can see the original abstract
for themselves. Is this unlawful?
A: It is important to ensure that the students do, in the end, get the citation
details, but since your intention is to delay rather than to deny this revelation,
it is acceptable to go ahead.
Q: I want to adapt an existing published process as a model on which
I am going to base further scientific research. May I do this?
A: You may, but you may also need to seek permission from the copyright holder,
depending on the extent of the adaptation to the actual expression of that
model (i.e. the diagram, flow chart etc.). If your proposed adaptation significantly
alters the content or meaning of the work (the published process or model)
then it would be sensible to seek permission from the copyright holder. At
the very least you would have to indicate that your model “is adapted
from or based on the model originally devised by [creator’s name] and
published in [give title of source].” Best discuss the particular adaptation
you intend to make with Susan Clarke, Copyright Officer (email: susan.clarke@deakin.edu.au).
Q: May I correct typos and spelling errors when reproducing copyright
material?
A: Very minor corrections are acceptable, but if you want to be on the safe
side, put [sic] after the error.
Q: What do you mean by communication?
A: We communicate a copyright work when we make it available online (uploading
it onto a university server or into DSO for example) or when we electronically
transmit the work as an electronic file or email attachment.
Q: Whenever I ask a copyright question, people often refer to Part
VB. What is Part VB?
A: Part VB is the section of the Copyright Act 1968 which provides a statutory
licence enabling participating educational institutions to reproduce and/or communicate certain
amounts of certain kinds of works for non-profit educational purposes only,
and without having to apply for permission from the copyright holder. It also
lays down the reporting and labelling requirements that accompany the privileges
extended to educational institutions.
Remember that you can only use Part VB for reproductions made for teaching purposes in an educational institution such as Deakin. For your own research and publishing, and any teaching activities you undertake outside an educational institution, you must rely either on the fair dealing provisions of the Act or on the permission of the copyright holder.
Please refer to the section of the copyright website for more information about the difference between ‘Fair Dealing’ and Parts VB /VA.
Q : I have a photograph of a Claude Monet painting that I wish to
use in class – can I reproduce my photograph for my students without
infringing copyright?
A: Substantially exact reproductions of works of art are not independently
copyrightable. Therefore, if we want to reproduce and/or communicate a copy
(e.g. a photograph or slide of a painting) and the copyright in the painting
has expired, then we may reproduce and/or communicate the photograph or slide.
If the copyright in the painting has not expired, then we would have to see
whether copies of the art work could be obtained within a reasonable period
of time and a reasonable price.
Q: How does the notion of a ‘reasonable portion’ apply
to an artistic work?
A: The ‘reasonable portion’ provisions do not, strictly speaking,
apply to artistic works. Rather, the portion is the whole of that work, but
the limitations are that when we wish to copy from a hard-copy source (like
a book) we must first ascertain whether the ‘artistic work’ can
be purchased separately for a reasonable price and within a reasonable period
of time.
Q: I wish to put a photo of a painting on a password-protected site
for my course. Do I need copyright clearance?
A: If the photo is a substantially exact reproduction of the painting (that
is the photo is not in itself an artistic work) you do not need copyright permission
if you are copying it under the Part VB licence. As for the copyright in the
painting itself, ask yourself first if the copyright in the painting has elapsed
(i.e. is it more than 70 years since the death of the painter). If the copyright
has not elapsed, we may reproduce it if we cannot obtain a class set of the
paintings within a reasonable time at an ordinary commercial price.
Q: I want to show slides in class, but I can’t remember where
I got them. Am I still allowed to show them even though I don’t know
who owns the copyright?
A: Yes you are, but sourcing all works is most important not only because of
the ‘moral rights’ of the creator but also because of increasingly
stringent copyright requirements. So if you have not already done so, start
marking all your slides with full source details and go over the ones you have
and mark in the details if you have them. If you wanted to make those slides
available to your students through DSO you may not be able to unless you can
track down the necessary copyright details (source or copyright holder, author/photographer,
etc.) because by law we need to have those details recorded during the registration
process of works which are made available online.
Q: I want to put slides of buildings on CD-ROM to be used as a companion
resource to my lectures. Do I need the photographers’ permission?
A: It depends who took (or who owns) the slides or photos. Unless the photographer
was a Deakin University employee taking the photos in the course of their employment
(in which case the university owns the copyright) you will need to seek permission.
Q: I wish to put photos of buildings on a password-protected site.
Do I need copyright clearance?
A: Since the photographer must exercise artistic judgment (e.g. about angle,
lighting, time of day) to photograph a building and there is therefore copyright
in the photo. If you could obtain it within a reasonable time at an ordinary
commercial price, you must seek the photographer’s permission to reproduce
it. Copyright application forms are available from the Deakin Copyright homepage.
However, if you have downloaded the photographs from a website which is expressly commercial in providing the images (like a stock-photography website) we may not be able to rely on the Part VB educational provisions and so you would be wise NOT to reproduce the photos from that overtly commercial site. Please contact the Copyright Officer for further advice.
Q: May I do a screen dump of a website in order to teach students
about its layout and construction?
A: Screen dumps of web pages may be regarded as 'artistic works'. We may reproduce
the whole of an artistic work from an electronic environment, so you may copy
these into your teaching materials after registering them on the Online Communication
Compliance Register and attaching the statutory Part VB notice. We are not
permitted to reproduce screens that remain interactive or have animations (since
these are regarded either as computer programs or films!).
Q: My extract contains a lot of material quoted from yet another
source. When I am applying for permission, do I have to apply for permission
not only for the extract I am using, but also to the copyright holder of
the material quoted in the extract?
A: As long as the copyright holder of the extract you are quoting from has
used the other material lawfully, you only need apply for permission for the
extract. The copyright holder of the extract may then refer you on to the owner
of the embedded quotes. Remember that you don’t have to do all this yourself.
You can apply for permission by printing out and filling in the permission
form available from the Copyright website homepage.
and sending it to the Knowledge Media Division, Waterfront Campus
(fax: 78094; email : copyright_inquiries@deakin.edu.au).
Q: I have received permission to reproduce copyright material in
my print Study Guide. Whom should I inform?
A: Please supply one copy of the permission to the unit chair (to be kept with
the unit development files, if any) and forward one to the Knowledge Media Division, Waterfront Campus.
The permission will be logged on the copyright permissions
database and the hard-copy filed so that we have a central record of the
permission.
Q: I have the author’s permission to reproduce her work in my
book of readings. What are the labelling requirements?
A: There are no statutory labelling requirements for material used with permission,
but you should acknowledge the source of permission with the wording requested
by the copyright holder.
Q: I got permission to reproduce certain readings last year. Do I
need to get it again for the same Reader this year?
A: You need to check the agreement made with the copyright-owner to find out
the terms on which you were allowed to reproduce the work last year. If you
do not have a copy of the agreement it may be held either by your unit chair
or, if permission was arranged by the Copyright team, we will have it logged
on our permissions database and in our hard-copy files. Contact copyright_inquiries@deakin.edu.au.
Q: I am producing an edited document book based on letters from the
Australian National Archives. Should I get copyright permission from the
archives?
A: The archives probably do not own the copyright in these letters. If they
have never been published before, the copyright resides with the author of
them (no matter who owns the physical piece of paper). If the author is dead,
then the copyright is owned by the descendants of the author and you need to
seek their permission. If the letters have been published before, then copyright
elapsed fifty years after the death of the author.
Of course, from a scholarly point of view, you will want to acknowledge the archives assistance and, if you are reproducing photographs owned by the archives, they will often have a preferred formula for acknowledging them and, sometimes, will place restrictions on how the photo may be used.
Q: What kind of work is a table?
A: A table, a list, a table of contents and an index are generally regarded
as text and therefore we call them ‘literary works’. When reproducing
or communicating a table, you will need to decide whether the table is an ‘insubstantial
part’ of the literary work you are taking it from, whether it is a ‘reasonable
portion’, or whether you should seek permission.
Q: I know I can reproduce an article from a single issue of a journal
in reliance on Part VB. What about the online journals held by the library?
A: When the library subscribes to an online database of journals, it signs
a contract with the database provider, which may override the provisions of
the Copyright Act. If you want to reproduce an article from an online journal,
contact your liaison librarian to find out what the terms of the contract are.
If they are unfavourable, try linking to the article, or get the library to
supply a hard copy of the article for copying.
Q: I want to quote an entire appendix. It is only one page long.
Can I regard it as an insubstantial part?
A: No. It should be regarded as a chapter and therefore you can only reproduce
it under the ‘reasonable portion’ provision in Part VB of the Act.
Q: I want to copy two parts of a book in one of my units. Each part
is less than 5 per cent, so in total, I am not using more than 10 per cent.
Can I do this?
A: Yes. (But if you are communicating them online, they need to be combined
into a single communication.)
Q: I want to copy an eleven-line article from the Saturday Age. Can
I regard it as an ‘insubstantial part’ of the newspaper?
A: No. In this case, it is the article itself that is the ‘work’ (The
Age is a periodical). However, under Part VB, you are allowed to reproduce
one article from a single issue of a periodical as a ‘reasonable portion’ for
teaching purposes. If you are putting it online, don’t forget to register
it in the Online Communication Compliance Register.
Q: I want to use a well-known formula, which I am drawing from a textbook.
Must I apply for copyright clearance?
A: If the amount of material you are copying is a reasonable portion of the
work and you are using it for teaching purposes, you may rely on the Part VB
licence in order to reproduce it. If you wish merely to teach the formula,
rather than copying the work in which you found it, you should be aware that
one cannot copyright an idea, only the material form in which it is expressed.
So you may communicate the knowledge of the formula itself. (Not computer programming
code though!)
Q: I understand that Part VB of the Copyright Act makes it possible
for us to reproduce certain amounts of certain kinds of secondary source
material for teaching purposes. Is staff development a ‘teaching purpose’ within
the meaning of the Act?
A: The ‘educational purposes’ of Deakin include instruction to
both staff and students.
Q: I want to copy a number of articles from a single issue of The
Argus newspaper from 1956. The Argus ceased publication on 19 January 1957
and I don’t know who owns the copyright or how to trace them.
A: There are two issues here: first, who owned the copyright in the first place;
and second, what do I do now that the newspaper no longer exists.
There is a strong possibility that copyright in the articles you wish to reproduce still endures (because it is less than 50 years from the death of the author). However, tracing the owner and getting their permission is likely to be very difficult. Contact copyright_inquiries@deakin.edu.au for advice on your problem.
Q: My supervisor has suggested that I make a photocopy of the library’s
copy of the book on which I plan to write my thesis, so that I have unlimited
access to it. May I do this?
A: You may not do this unless the book is no longer available within a reasonable
time at an ordinary commercial price (out of print). You are not, however,
obliged to look for copies of it in a second-hand bookshop.
Q: May I correct typos and spelling errors when reproducing copyright
material?
A: Very minor corrections are acceptable, but if you want to be on the safe
side, put [sic] after the error.
Q: Do I have to display the statutory Part VB notice in front of every
single use of secondary source material that I reproduce in my PowerPoint
presentations under Part VB?
A: No. It is acceptable to display the notice on the first slide of the presentation,
so that students have to see it before they see any of the slides in the presentation.
If, however, the students can get into any slide without first seeing first
slide, then the notice must precede each use of secondary source material.
Q: Does the fact that I have fee-paying students in my unit mean that
I can’t use Part VB to reproduce secondary source materials?
A: To rely on Part VB of the Act, the material reproduced must be for the ‘educational
purposes’ of Deakin. It must be available only to Deakin-enrolled students
(whether fee-paying or not), not for students gaining a qualification from
elsewhere. The problem arises where we sell a course to another institution,
or open it up to non-enrolled students e.g. where we offer a course to a professional
association as part of their staff development. In that case, we would have
to apply for permission for the extracts previously quoted under Part VB.
Q: I want to use a short quote from an unpublished paper. Is there
such a thing as an insubstantial part of an unpublished work?
A: The Copyright Act refers to the reproduction of insubstantial parts of an ‘edition’,
implying that it applies only to published works. You should seek the author’s
permission to quote them.
Q: I want to quote from paper delivered at a recent conference by
a colleague. He gave me a copy of it. Is it ok to go ahead?
A: You need permission to reproduce any unpublished work and even if you have
a cordial collegiate relationship with the person who gave the paper. We advise
that you always secure their written permission to reproduce their work or
communicate it online.
Q: I want to copy a 5 minute section from a feature film made in
1985 – I haven’t been able to find a video or DVD of this film
available for purchase. Can I copy and communicate the part of the film I
want on my unit’s DSO site for my students to view?
A: Would depend on how you obtained the film in the first place. If you copied
the film from a TV broadcast then the Part VA allowances would permit you to
communicate the segment through DSO. If however, you bought or hired the film
you will not be able to communicate the segment in reliance upon Part VA. You
would have to negotiate permission with the copyright holder (and in the case
of a commercially-produced documentary or feature film this may prove to be
very expensive!).
Q: I wish to take clips of commercially produced videos to make a
new video for teaching purposes. Do I need copyright permission?
A: Yes. If you want to use hired or purchased videos to put together a new
video for your students, you must seek the permission of the copyright-holders.
However, you may copy TV (free-to-air, cable and satellite) radio programs
and podcasts of broadcasts which have been made available online by the broadcaster for use in course materials. Inform the Copyright Officer (Susan Clarke)
of the date, time, channel, title of program, and duration of the extract you
have made.
Q: I wish to show a commercially hired or purchased DVD or video in
class. Do I need permission?
A: Possibly. Many commercially produced DVDs and videos (including documentaries
or corporate/industry videos and DVDs) come with restrictions on where you
may show them and to whom. Often a DVD or video will stipulate on the exterior
packaging that it is for ‘home use only’ and will expressly prohibit
any form of ‘public viewing’: check the label on the exterior or
the copyright notice at the start-up of the video/DVD. Please contact the Copyright
Officer for further advice.
Q: What reporting obligations do I have when I copy a broadcast?
A: Please inform Susan Clarke (email: susan.clarke@deakin.edu.au;
phone 78142) that you have taped a broadcast and remember to affix a label
to the outside of the tape (CD, DVD, VHS, Cassette tapes) indicating program
details, time and date of recording and station from which it was recorded.
Q: Do I have to get permission to put a broadcast on CD-ROM?
A: You may copy broadcasts onto CD under Part VA of the Copyright Act in the
same way that you would tape a broadcast onto cassette. However, you must
supply Susan Clarke (email: susan.clarke@deakin.edu.au;
phone 78142) with the details of the broadcast and you must put the ‘Electronic
Communication under Part VA’ notice on the CD before the viewer
can access the broadcast.
Q: What if I tape an off-air broadcast for teaching purposes and
then decide to incorporate it in a commercial contract course I am teaching?
A: As soon as you use the broadcast for a commercial course, you are no longer
covered by the Part VA licence for educational institutions and you must apply
for permission.
Q: Can I copy cable and satellite TV in the same way as a free-to-air
broadcasts?
A: Yes.
Q: I have been trying to get a textbook into the bookshop for my students
to buy, but it is out of print. May I scan it and put it up in DSO for my
students?
A: If you cannot obtain the textbook within a reasonable time (for textbooks,
usually six months) and at an ordinary commercial price, you may reproduce
it for teaching purposes on a password-protected site under Part VB of the
Act. You must supply details to the Online Communication Compliance Register
and display the statutory Part VB notice.
Q: I wish to reproduce copyright material online. How do I go about
getting clearance?
A: If you are communicating material for teaching purposes on a password-protected
site, then you may reproduce ‘reasonable portions’ of material
in reliance on Part VB without seeking permission. You do, however, need to
register the material by filling in the application form at Online
Communication Compliance Register.
Q: Do I need to register secondary source material quoted in my lecture
notes destined for DSO?
A: Yes, you need to register any ‘reasonable portions’ or ‘artistic
works’ (such as maps and diagrams) from secondary source material on
the Online
Communication Compliance Register. You'll also see that the OCCR application
web form also enables you to register off-air broadcast material which you
wish to communicate in reliance on VA.
Q: I wish to put a photo of a painting on a password-protected site
for my course. Do I need copyright clearance?
A: If the photo is a substantially exact reproduction of the painting (that
is the photo is not in itself an artistic work) AND if you are copying it in
reliance upon the Part VB licence, you do not need copyright permission (but
remember that it will need a VB copyright notice). As for the copyright in
the painting itself, ask yourself first if the copyright in the painting has
elapsed (i.e. is it more than 70 years since the death of the painter). If
the copyright has not elapsed, we may reproduce it if we cannot obtain a class
set of the paintings within a reasonable time at and ordinary commercial price.
Q: How do I indicate that I am making legitimate use of copyright
material online under VB?
A: If you are communicating a work electronically in reliance on Part VB, you
must display a copyright notice before or at the same time that the material
appears on the screen. It is not sufficient to install a link to the notice
and the wording of the notice may not be changed. The notice can be found on
the copyright website homepage.
Q: Do I have to put the VB copyright notice for electronic reproduction
on material presented on CD-ROM?
A: Yes. You do not have to register these materials on the Online Communication
Compliance Register (because you’re not communicating the material online,
you’re putting it on a CD-ROM) but the copyright notices (VB for text,
images, music in written form; VA for off-air broadcast audio-visual material)
must appear before or at the same time as the material is viewed on the CD.
Q: Our school has educational materials stored on a server until we
are ready to print them. Do we need to affix VB copyright notices to material
while it is in electronic form?
A: No. It is alright to store material as part of the technical process of
making a print version as long as you are not communicating it electronically.
Q: I want to put slides and or photos of buildings on CD-ROM to be
used as a companion resource to my lectures. Do I need the photographers’ permission?
A: It depends on who took (or who owns) the slides or photos. Unless the photographer
was a Deakin University employee taking the photos in the course of their employment
(in which case the university owns the copyright) you will need to seek permission.
Q: I want to copy two parts of a book in one of my units. Each part
is less than 5 per cent, so in total, I am not using more than 10 per cent.
Can I do this?
A: Yes. But if you are communicating them online, they need to be combined
into a single electronic file.
Q: What if I want to put study material online and I know that someone
else has already put another chapter of the book I want online?
A: First supply details of the material you wish to communicate to the Online
Communication Compliance Register. The online communication compliance staff
will attempt to negotiate an arrangement whereby all needs can be met.
Q: I want to put a chapter of a book online and someone in another
faculty is already using the same chapter for their course. What can I do?
A: Under Part VB of the Copyright Act, we may make and communicate more than
one copy of the same portion. However, you will still need to supply details
to the Online Communication Compliance Register.
Q: We are allowed to put 10 per cent of a book online. Another lecturer
already has already communicated 5 per cent of the book I want to use, so
I can put up another 5 per cent of the same book, can’t I?
A: No. If we are already communicating one reasonable portion of a work in
reliance on Part VB, then no other area of the university may communicate another
portion. However, if you are communicating the book through e-readings, it
may be possible to combine the portions into a single communication. Contact
Knowledge Media Division staff at copyright_inquiries@deakin.edu.au.
Q: I want to refer students to an entire book that is already up on
the World Wide Web. Am I breaching copyright if I put a link into my website?
A: No. As long as you make it clear that the link is taking the student out
of the Deakin system to someone else’s website, you may link to the material.
If you are linking into a secondary level of another website, you must also
make the source (top level) website clear.
Q: How much of the material available on a website may I copy for
my students without infringing copyright?
A: If you are relying on Part VB of the Copyright Act, you may use a reasonable
portion of a literary, dramatic or musical work (10% of the words). The problem
of what constitutes a literary or dramatic work on a website must be decided
on a case by case basis.
Q: I have access to a number of articles on a website (which is not
an e-journal). Must I confine myself to reproducing any one article from
this collection?
A: If you wish to rely on Part VB, you must regard each article as a work in
its own right and you may only copy 10% of it. However, check the copyright
statement that often appears as a link at the bottom of such pages. Many such
sites permit reproduction for educational purposes. If, however, it licenses ‘personal
and non-commercial’ reproduction, we may not reproduce it—our purposes
are non-commercial but not, alas, personal.
Q: I want to reproduce a number of White Papers from a government
website. They are very short. Must I regard each of them as a separate work?
A: Since White Papers are separately published, they must be regarded as complete
works in themselves, not as part of an anthology and you must get permission
to reproduce them.
Q: I want to communicate an extract from a website, but the website
is no longer there. May I still use the extract?
A: If , after reasonable investigation (some time and effort using search engines)
you have ascertained that the website (or the particular work you want) can
no longer be found on the internet, AND if the original site was a public access
site (not a subscription or password-protected site, requiring a username/login
procedure) then we may be able to consider that work (which was deemed to be
published on that public access website) to be, in effect, ‘out of print’.
Be aware however that works which appear to be no longer available may often
be housed in an archive on a new version of the original website – or
even on another similar website so do take all reasonable efforts to be sure
that the work is indeed no longer available. If you do find that it is still
available, then you may only reproduce the amount as permitted by Part VB (for
teaching purposes) or the ‘Fair Dealing’ provisions (for your own
personal reseach or study). And – if the work is to go online, remember
to register it on the Online Communication Compliance Register.
Q: I know I am only allowed to reproduce 10% of the words of a ‘work’ on
a website, but websites are so large and so complex, I have difficulty working
out exactly what I can regard as a ‘work’.
A: Before we can make judgments about percentages of a ‘work’,
we need to know what a ‘work’ is in an online context. The definition
of a 'work' in the Act is not very useful for us when we are looking at websites.
So, when you are working out what part of a website can be called a 'work'
you must use your own judgment. Your judgment must be made in good faith and
you must have some sensible reasons to back it up. It would be easier
to have a 'rule', but there isn't one.
A 'work' is a discrete part of a website which deals with a single theme, question or argument, and which is complete in itself (so that it makes sense if it is downloaded and read separately). It may cover a whole lot of ground, but if there is a unity of purpose, we can regard it as a single work. Suppose, for example, a site is called 'Working at Deakin' and it contains maps of the campuses, telephone lists, HR contacts, information about health services, superannuation and leave conditions, we can see that although the range of subject matter is wide, there is a single intention or theme, which is staff induction, so it is fair to regard it as a single ‘work’.
Sometimes (but not always! Don't make it your main criterion) the discrete nature of a work will be signalled by the structure of the website, for instance:
Very often, the theme, question, or argument that separates the work from the rest of the site is made clear by the title of the work, for instance:
Ask yourself these questions:
Q: (re iLecture) To what extent is lecture streaming (via a product like iLecture) covered by the new music licence?
A: the streaming must be provided only via an intranet or secure system only and there must be no download facility made available by the University (whether the students can circumvent this and still download the streamed lectures is another matter; they may , in any case, be covered by the Fair Dealing provisions in the Copyright Act to do so, and the licence does not seek to restrict or deny any other exemption which may apply under the Copyright Act. However the University. Under the terms of the licence though, the University must not be responsible for enabling the download of musical or sound recording content communicated by the University under the music licence).
Q: (another re iLecture context and the marking requirements of the licence): how would the notices be displayed for music or recordings captured within a streamed lecture: should a notice appear with each work during the lecture? or in some other manner during the lecture? Should the notices be there within the lecture and during the lecture not just added afterwards?
A: 'reproductions have to be marked as per the licence' (though the AV-CC are to provide some more specific advice about how to display the notice). As a start, the AV-CC have suggested that
'In the case of an i-lecture or similar - where a recording is made of a lecture which includes one or more performances of music - the notice requirements will be complied with if the prescribed notice and information are spoken by the lecturer (either during the course of the lecture or at a later time) and thus included in the recording of the lecture. It is sufficient if the information set out at clause 2.2(b) is displayed (i.e., spoken) at the end of the recording of the lecture. Alternatively, all prescribed information could be added at the start or finish of the digital recording so that it comes up much like the credits at the beginning or end of a movie'.
Q: (re system caching and ensuring listening only access (not downloading) of the reproductions made under the licence): what happens if students can nevertheless cache or download the reproductions made under licence - what happens if listening only access can be circumvented?
A: so long as the university has made all reasonable efforts to prevent the downloads then they will not be in breach of the licence
Q: (re performance of live musical works or playing recordings 'in public'): will the licence cover students performing music/recordings during assessment tasks or assessment related activities, which may be held on or off campus?
A: yes these performances will be covered if the activity is still 'educational' in purpose (an assessment task) and the location is not relevant; however, if tickets are sold then this activity will not be covered and will need a separate licence.
Q: (re performance of music or sound recordings within University premises): what about music played in a university building (like in a dining room or cafeteria during a meal or gathering?)
A: this sort of performance of music or sound recordings is covered by the licence as part of the 'life' of the University (so long as tickets are not sold for the music!)
Q: (re recording a live performance of musical works by students): if students or staff make their own recording (audio or audio-visual) of the live performance, will these reproductions be covered by the licence? (e.g. they may make a recording of their own performance which involves music recordings for their own career portfolios or for their own personal record)
A: so long as the reproductions made and for their own personal portfolios/personal records then they will be covered.
Q: (related question re using recorded copies of a performance for entry into a national or external competitions): would video/audio recordings of the performance still be covered by the licence once they are entered into an external competition?
A: no, they would not be covered if used for this purposes - because the competition is external to the educational purposes of the University.
Q: Are music/recordings made available under the Creative Commons or other 'open content' style licences covered?
A: such works may not be included in the licence necessarily (if the rights holder isn't a member of any or all of the music agencies) but this music licence doesn't aim to abrogate any rights provided under either the Copyright Act or under the terms of any other licence like the CC licences.
Q: (re library archiving of the reproductions made under the licence): can library staff format change the reproductions ? (i.e. copy from a vinyl to a CD; or CD to file for intranet listening)?
A: yes, so long as this is for the educational purpose of the university; the new files or formats must not be available to the general public - the reproduction made under the licence must be available only to staff or students of the university.
