Deakin University Copyright Guidelines and Requirements
The CAL licence
Part VB of the Copyright Act provides the university with a statutory licence
which is administered by a Commonwealth government agency: the Copyright
Agency Limited, or ‘CAL’.
The reproduction and/or communication of a work under the CAL or VB licence
This licence, moreover, is not ‘free’—the university pays CAL a large annual fee to be able to copy and/or communicate in reliance upon Part VB of the Copyright Act.
The Screenrights Agreement
The Screenrights agreement is like an equivalent to the CAL agreement but for
off-air broadcasts and the terms of this agreement stem from Part VA of the
Copyright Act.
Deakin University has signed an agreement with (and pays a separate annual fee to) Screenrights which permits the university to reproduce or communicate radio and television programs (whether free-to-air or pay, wireless, cable or satellite) and podcasts of broadcasts which have been made available online by the broadcaster for educational purposes, in accordance with Part VA of the Copyright Act.
Be advised however that neither the Screenrights Agreement nor Part VA of the Act permits the university to reproduce or communicate any or all audio-visual materials . Under the terms of the agreement we are NOT permitted to reproduce or communicate online AV material from purchased or hired videos, films, DVDs, audio cassettes, records or CDs—even if purchased by or held in the library. The only instance where we could reproduce, for example, a commercial feature film under the Part VA/Screenrights Agreement is when it has been copied as an off-air broadcast from a TV channel.
Educational Music licence between the AV-CC and Music Societies
During 2005 the AV-CC finalised negotiations for a ground-breaking tertiary education music licensing scheme with the four societies here in Australia which represent music and sound recording industries and artists: AMCOS, APRA, ARIA and PPCA.
As of June 2005, Deakin (along with a number of other Australian Universities) signed on to be included within this new licence agreement, which aims to provide the participating educational institutions with the right to reproduce and/or communicate online a broad range of music and sound recordings, for educational, non-commercial purposes, and subject to certain limitations (see below).
The licence will operate in a similar manner to the Parts VA and VB statutory licence (as administered by Screenrights and CAL, respectively) in that the University is obliged to meet certain requirements in order to use works covered by the licence and it has to undertake an annual sampling process in order to return data to the music societies so that they may then remunerate copyright holders.
This new licence therefore has the potential to greatly expand the use of music and sound recordings within the University's educational programs.
Other Licences or Agreements
Commercial Licence Agreements: e-journals, subscription databases,
publisher’s web resources or CDs
The Library also has separate commercial licence agreements for resources like electronic journals or databases. These e-journals and databases are a great resource, providing a huge range of material in an easily searchable format but the licence terms which govern their use are often quite strict. Such licence agreements also take precedence over the provisions made within the Copyright Act for educational institutions and their terms of use are generally aimed at the needs of ‘individual’ researchers or students—‘fair dealing’ in other words.
Many licences for e-journals and databases do NOT permit the university to reproduce articles for inclusion in unit study materials (e.g. in readers, study guides or on CDs) and usually do not allow storage on a local server or digital archive. The licences restrict access to Deakin staff and students only. Each licence, moreover, is particular to each university (which you must remember if you want to use materials from these e-journals for a unit which will be offered to students enrolled through another institution). Licences also differ in whether they permit you to forward printed copies or digital copies of articles, even to other Deakin staff and students. Your best option when using these resources is to provide a reference to an article with directions on access (if referring to the article in a hard-copy study guide or reader) or to provide a link to the article from your DSO site (most of the databases and e-journals do allow you to link articles). Alternatively you can, at least, use the database to quickly identify particular articles. For any other use than 'fair dealing', please check the library catalogue record for the particular journal title (look at the ‘User Rights ' under the Licensing & Resource Info > link on the catalogue record) or consult the Access & Information Resources section (phone: 78228 or 78257, email: serorders@deakin.edu.au) to see what licence terms apply to that material.
For more information contact:
Access and Information Resources staff: (phone: 78228 or 78527, email: serorders@deakin.edu.au)
The university is also a signatory to the following licence agreements:
