Deakin University Copyright Guidelines and Requirements
The Copyright Amendment Act 2006, which came into force on 1 January 2007, amended many parts of the Copyright Act 1968, some of which pertain to the activities of individuals, and some of which are relied on by universities.
The main changes are listed below:
The classroom performance exception contained in s 28 of the Act permits educational institutions to show audio-visual material, including commercially hired and purchased material, in face-to-face teaching. This exception is now extended to include use of distributed technology to deliver the material to students in remote classrooms or campuses.
Example:
Note: This does not extend to delivering the lecture via iLecture. Only recordings of off-air broadcasts (made in reliance on the Part VA statutory licence) may be captured in this way and made available online.
This exception can be relied on by educational institutions for certain purposes where no other exception is available. Depending on the circumstances in each case, such purposes might include format shifting. The Department of Attorney General has given the following examples of uses which may be permissible.
Examples:
For advice about relying upon this exception, please contact Susan Clarke, University Copyright Officer (susan.clarke@deakin.edu.au)
The statutory licence contained in Part VA of the Act is now extended to cover podcasts of broadcasts which have been made available online by the broadcaster. The ABC in particular makes a significant number of its broadcasts available online.
Note: Content created exclusively for the internet, which has never been broadcast free-to-air in Australia, is outside the scope of the Part VA statutory licence.
The provisions which relate to insubstantial copying and communication of works in electronic form have been amended as follows:
Example:
The anthology provision under the Part VB statutory licence has been extended from print to electronic anthologies, provided that these are in a format whereby the pagination is fixed (e.g. pdf). The provision allows copying and communication of up to 15 pages from an anthology published in electronic form.
Amounts have been clarified as follows:
| Item | Work or adaptation | Amount that is reasonable portion |
| 1 | A literary, dramatic or musical work (except a computer program), or an adaptation of such a work, that is contained in a published edition of at least 10 pages | (a) 10% of the number of pages in the edition; or (b) if the work or adaptation is divided into chapters—a single chapter |
| 2 | A published literary work in electronic form (except a computer program or an electronic compilation, such as a database), a published dramatic work in electronic form or an adaptation published in electronic form of such a literary or dramatic work | (a) 10% of the number of words in the work or adaptation; or (b) if the work or adaptation is divided into chapters—a single chapter |
A new fair dealing exception for parody or satire has been added to the existing provisions for research and study, criticism and review, and reporting the news. However, moral rights may still need to be considered.
Technological protection measures (TPMs) are technological mechanisms used by copyright owners to prevent unauthorised access to copyright content (access-control TPMs) and/or unauthorised use of copyright content (copy-control TPMs). The Act prohibits use of TPMs to circumvent technological locks in the absence of an exception. The exceptions include use of TPMs by educational institutions for the purpose of exercising their rights pursuant to Part VB of the Act. However, the University can only take advantage of the exception if it is in a position to manufacture its own circumvention device.
Examples of an access control TPM:
Note: TPMs which control geographic market segmentation are not intended to be caught by these new provisions.
Contact Susan Clarke, University Copyright Officer
susan.clarke@deakin.edu.au
ext 78142
