Copyright for ECU staffMichael FaithfullLegal Counsel/Copyright Officer

M.Faithfull@ecu.edu.au Ph: 6304 2458

Introduction

•What is copyright?•What does copyright protect?•What are the rights of a copyright holder?•Special position of universities in relation

to copyright.•Statutory Licences:

▫Part VA Licence (Broadcasts); and▫Part VB Licence (Print and Graphic).

•Creative Commons.• ‘Free exceptions’

What is copyright?

•Copyright is a set of rights relating to the use and dissemination of certain expressive material.

•In Australia copyright is governed by the Copyright Act 1968 (Cth).

•Copyright does not protect ideas, only the expression of those ideas.

What is copyright? (Cont...)

•Copyright in a work is distinct from property in the physical embodiment of the work.

•The copyright in a work is also distinct from the protection of information in a work as confidential information or under the Privacy Act.

What does copyright protect?

•Copyright protects original ‘works’ which include literary, artistic, dramatic and musical works.

•Copyright also protects ‘subject matter other than works’ including sound recordings, films, radio and television broadcasts and published editions of works (i.e. layout and formatting).

Rights of a Copyright Holder• The rights of a copyright holder include the

rights of:▫reproduction;▫publishing;▫performance;▫communication to the public; and▫making of an adaptation.

• When a person exercises the rights of a copyright holder without their consent, or as otherwise permitted by law, they are said to have infringed that copyright.

Who owns copyright?•Under the Copyright Act the default position

is that copyright vests in the originator or author of the copyright material.

•However, copyright made by an employee ‘in the course of their employment’ will vest in the employer.

•Where certain copyright material is commissioned (e.g. films, paintings and sound recordings). The commissioning party will own the copyright.

Who owns copyright? (cont.)

•A copyright holder may also assign their copyright to another person.

•A copyright holder may grant another party specified rights in relation to their copyright material. This is known as a ‘licence.’

Special position of universities

•Universities and other ‘educational institutions’ have a special position under the Copyright Act and are able to use copyright material under:

▫Statutory licences (Part VA and Part VB licences); and

▫‘Free Exceptions’ (section 28, section 200(1), sections 135ZG and 135ZMB, and section 200AB).

Statutory Licences

•Under statutory licences universities pay for the copying and communication of particular copyright material for the university’s educational purposes.

•Where copyright material is covered by a statutory licence universities do not need to negotiate licences with the copyright holder.

•Collection agencies collect and distribute royalties on behalf of copyright holders.

Statutory Licences (cont...)

•Where copyright material falls under a particular statutory licence, a university cannot use it under fair dealing.

•Statutory licences do not prevent Universities and copyright holders from entering into other arrangements.

•Universities must take all reasonable steps to ensure that only those who are entitled have access.

•Copies cannot be sold for a financial profit.

Part VA Licence

•Allows for the communication and copying of ‘broadcasts.’

•Broadcasts include radio and television, wether it is a free-to-air or subscription service.

•Universities may also copy or stream copyright material from the internet if that material was originally a broadcast.

Part VA Licence (Cont...)

•Relevant collecting society is Screenrights.

•Each copy must be labelled and a warning notice must be displayed in the forms prescribed under the Copyright Regulations.

Part VA label

Part VA warning

Part VB Licence• The Part VB licence applies to print and graphic

material encompassing: ▫ artistic works (e.g. maps, drawings, paintings, photos); ▫ dramatic works (e.g. plays, scripts, screenplays); ▫ literary works (e.g. novels, short stories, but NOT computer

programs); ▫ anthologies (e.g. collections of short stories);▫ periodical publications (e.g. academic journals); and ▫ musical works (e.g. sheet music).

• Relevant collecting society is Copyright Agency Limited (CAL).

• Special limits apply to the amount which can be copied.

Part VB Licence (hardcopy original)

•10% of the number of pages or one chapter;•all of an item in an anthology, up to 15 pages;•one article from a journal or more than one

article if they relate to the same subject matter;

• the whole of an artistic work if it illustrates or accompanies text or music copied, or if it can not be separately purchased; or

• the whole of a work if that work cannot be obtained within a reasonable time at an ordinary commercial price.

Part VB Licence (digital original)•10% of the number of words or one

chapter;•one article from a journal or more than

one article if they relate to the same subject matter;

•all of an artistic work;•10% of a musical work; or•the whole of a work if that work cannot be

obtained within a reasonable time at an ordinary commercial price.

Part VB Licence

•As with the Part VA Licence a warning notice must be displayed in the form prescribed under the Copyright Regulations.

COMMONWEALTH OF AUSTRALIA

Copyright Regulation 1969

WARNINGThis material has been copied and communicated to

you by or on behalf of Edith Cowan University pursuant to Part VB of the Copyright Act 1968 (the Act)

The material in this communication may be subject to copyright under the Act. Any further copying or

communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice

Part VB Warning Notice

Free Exceptions• Educational institutions may also (without payment to a

copyright owner):▫ perform works, play music and screen films in class (section 28, note

that contractual restrictions sometimes imposed at time of hire or purchase of films);

▫ copy by hand (e.g. on a whiteboard) “in the course of educational instruction”: (section 200(1)(a));

▫ copy in connection with exams: (section 200(1)(b)); and▫ copy “insubstantial portions” (>/= 2 pages or 1%) of works in

electronic form or hardcopy: (sections 135ZMB and 135ZG).▫ ‘Flexible dealing’ in ‘special cases’ and only where no other licence

applies (section 200AB).• Students may copy certain amounts of particular works for study

or research purposes (section 40). This is referred to as the ‘Fair Dealing’ provision. This exception does not apply to universities.

Creative Commons

•Creative commons describes itself on its website as an ‘international nonprofit that offers free flexible copyright management tools for creative work.’

•Most important of these tools is CC’s range of licences under which users may deal with copyright material without having to pay royalties or negotiate terms with the copyright holder or pay royalties.

Creative Commons (Cont...)

•Material produced by the government and educational sectors is increasingly made available under Creative Commons licences.

•Using creative commons material for

Creative Commons – Terms of Licence

Summary• Universities are in a special position in

relation to copyright and can use certain copyright material under:▫Statutory licences; or▫ ‘Free exceptions.’

• Universities must use copyright material for educational purposes and must display warnings and labels.

• Where copyright material is already received subject to a licence the statutory licence will not apply.

Summary (Cont...)• Part VA Licence allows for the copying and

communication of ‘broadcasts’ on free to air or subscription TV or radio – including available online that was originally a ‘broadcast.’

• Part VB Licence allows for the copying and communication of limited amounts of print and graphic works.

• In certain circumstances universities may rely on ‘free exceptions.’ However, only students can rely on the ‘fair dealing’ provision.

• If in doubt seek legal advice.

Further Information

•ECU copyright website http://www.ecu.edu.au/GPPS/copyright/

•Australian Copyright Council http://www.copyright.org.au

•Copyright Agency Limited (CAL) http://www.copyright.com.au

•Screenrights http://www.screenrights.org

Copyright Officer

•If you have any copyright related queries please contact the ECU copyright officer by email at copyright@ecu.edu.au or by phone on 6304 2458.

•It is not the role of the copyright officer to provide advice to students. Students should contact Constance Wiebrands Manager, Library Collections and Access by email at c.wiebrands@ecu.edu.au or by phone on 6304 3723.