Licence, Copyright and reproduction issues
Overview of Licence and Copyright restrictions
The Library has a very wide variety of resources that may be used to support online teaching and learning. In most cases, a web based URL link is all that is needed to allow students to go directly to a reading, journal, tutorial or list of further resources. This means that a specific title can be made easily available to students within the context of unit based teaching materials mounted on Deakin Studies Online or a webpage.
However, access to, and use of, the online resources are controlled by the legal requirements imposed by contract and statute law. The University must abide by these requirements and agreements. The two main requirements are the contractual obligations arising from licences that the University has signed when subscribing to online resources, and The Copyright Act 1968 (as amended).
Licences
Contractual licence obligations
These apply to the journal articles, electronic journals, electronic
books, book chapters, online pictures and images, purchased online resources and databases that
are available to Deakin University over the Internet through annual
subscription. Online information is hosted by third party publishers
or vendors. Each resource will have a specific licence attached to
it, and this will
set the
terms
of access
and use
that
has been
granted
to the University.
In most cases, the licence will allow Deakin University staff to make an Internet or Web link to the online resource, journal, or article level. For example, a web link allows the Deakin University population to go directly to a journal article and view it on the third party publisher's webpages. The terms of the licence and the intellectual property concerns of the publisher are met in this case.
Few licences will allow Deakin University to make local copies for distribution to students or communication from a Deakin server. Downloading or printing one article from the licensed online resource, or linking for individual use and research is usually allowed. A short quotation from part of a document is usually allowed, if correctly cited. However, each licence allows something different. The Library Catalogue entry for the online resource provides a brief explanation of the terms of use, if you click on the link 'Licensing & Resource Info' in the Catalogue screen.
The pages, Online Library Resources to support DSO – options, provides live examples of links to online library resources. The pages also give step by step instructions so that academic staff and course developers can easily build this material into their online teaching framework. These webpages list online services that allow linking over the Web. Other use of the services should be checked with the Library Licences team to ensure the proposed use either falls within the licence, or that additional copyright clearances are obtained.
For further advice on licences and reproduction from the Licences
team
Please email: serial.orders@deakin.edu.au
Copyright
The Copyright Act 1968
The Copyright Act 1968 (as amended), including the Digital Agenda Amendments which came into force on 4 March 2001, regulates copyright in works and other subject matter 'in a material form'; that is, a form from which it can be reproduced (e.g. written down, recorded on tape or stored in computer memory). It gives copyright owners certain rights for the protection of the intellectual or artistic labour they expended in the production of their work. The most commonly exercised of these rights, and the most significant for the development and production of study materials, are the right to reproduce their work and the right to communicate. The communication right is exercised when a copyright work is made available to the public online (e.g. uploaded onto a university server in a form which can be accessed by students) or electronically transmitted to the public (e.g. forwarded as an electronic file or email attachment).
As employees of Deakin University, staff are responsible for following Deakin University Copyright Guidelines so that study materials comply with the law. Individual authors are responsible for ensuring that their own material complies with the law; unit chairs are responsible for making sure that the material for a unit collectively complies with the law.
The Deakin University Copyright Guidelines outline what is protected by copyright, what obligations staff have to ensure compliance with the law, and the rules for making decisions about what material can be used in study packages. Please see the Deakin University Copyright Guidelines and Requirements webpages for further detail, including the Learning Repository form.
If there is material that you want to put online that is not covered by contractual licence obligations and available for direct linking, then please use the Learning Repository form.
The Copyright Team in Learning Services provides advice on all aspects of copyright, for print, digitised, audio and video materials to be used in course materials and for teaching or research purposes. The Copyright Team also manages the University's Online Communication Compliance Register.
The Deakin University Copyright Guidelines provide up-to-date information on copyright issues, details about your obligations with respect to copyright and useful decision-making tools.
Who to contact on Copyright:
Email contact, for all queries: copyright_inquiries@deakin.edu.au
For general advice or to arrange training sessions and online copyright compliance
Susan Clarke, Copyright Officer, ph: (03) 522 78142
