Guidelines for Staff
Before you use the intellectual property of anyone else in any format it is your responsibility to think about whether you will be infringing copyright legislation.
The guidelines outlined below apply only to copying for the educational purposes of Avondale College of Higher Education e.g. for a course of study.
Avondale holds licences for educational copying with Copyright Agency Limited (CAL) for hard copy and electronic reproduction and communication and with Screenrights for copying from radio, televison and cable. Limits and conditions still apply when relying on these licences for copying.
The Copyright Act refers to the following as works:
Literary works Examples include articles, books, poems, short stories, song lyrics, recipes, computer programs
Dramatic works Examples include plays, screenplays and works intended to be performed
Musical works Examples include scores
Artistic works Examples include paintings, photographs, drawings, diagrams, flow charts, maps, plans, sculptures, wood carvings, covers of books and magazines
The following limits apply to works greater than 10 pages in length.
10% or one chapter whichever is greater.
This means 10% of the number of pages in an edition OR one chapter. If one whole chapter is less than 10%, additional pages may be copied until the 10% limit is reached.
One complete article from a single issue. More than one article from a single issue if the articles are on the same (narrowly interpreted) topic
Same subject matter should be interpreted as where the copies are required for an assessable task e.g. an assignment or essay.
Whole, if no more than 15 pages. If more than 15 pages the 10% or the chapter rule applies.
An anthology is defined as a collection of selected musical or literary works or excerpts. Anthologies are most often collections of poetry or short stories; they can be by one author or many authors. Sometimes publishers create anthologies of articles on specific subjects.
All if not separately published
'Artistic Work' applies to diagrammatic representations, technical drawings, charts, maps, plans, paintings, sculptures, drawings, engravings, photographs, buildings, models of buildings, works of artistic craftsmanship etc.
(Does NOT apply to serial issues)
Under the Educational Licence Part VB, you may copy whole literary or dramatic works which are not commercially available within a reasonable time at an ordinary commercial price.
Within a reasonable time
is generally interpreted as 6 weeks, or for text books, 6 months. If the work is available in a reasonable time, but not at an ordinary commercial price
, you can copy it. You are not required to source second hand copies of the book before relying on this provision.
If you want to rely on this section of the Educational Licence and reproduce a whole book, you should:
- Complete, and keep on file (1 copy with Copyright Officer, 1 copy with department)
- Ensure that full publication details are included on the copies.
- Include the following wording on any copies:
This copy has been made by Avondale College under section 135ZL of the Copyright Act 1968.
- Ensure that only students of Avondale College receive copies of the book.
These limits should also be interpreted as applying to any one student group in a course of study in any one year. In other words, a lecturer cannot incrementally copy a whole work, by copying one chapter this week or term, another the next and so on, so that the students receive more than these limits from any one work during the course of their study.
This Licence permits the copying of material from radio and television (both pay and free-to-air) provided that:
- Copying is for the educational purposes of the institution
- Where the copy is shown, transmitted or broadcast the audience is limited to staff and students only
- Copies that are made, and copies that are communicated are labelled with the prescribed notices
- Copies that are made are kept by the institution
Copies may be made by or on behalf of the institution. This includes a lecturer making a copy at home and subsequently bringing it in to the College either for use directly in class, or for the IT Services to make a copy. In either case the copy made ceases to be a private copy and becomes an institution copy. Institution copies must be labelled with the prescribed notice
and may be kept either as part of the Library collection or part of a department collection. To arrange to have a program copied please fill out the TV Recording Request Form
Login, then click Education - TV Recording Request
If a program has already gone to air and you need a copy please contact Sharon Kenealy in the library on 4980 2282 to arrange a purchase of the item.
For more information please consult the Screenrights Information Sheet
Course Reading Packs
Reproductions of works must fall within the limits allowed under the Part VB Licencing scheme.
These limits require record keeping and a search to ensure that no other parts of the same work are currently available online within the institution.
All works within the Course pack must be correctly attributed according to the Moral Rights provisions of the Act.
Where limits are exceeded details of the permission given must be included.
If an included work is out of copyright this should also be indicated.
Course Reading Pack Copyright Notice
Course Packs in Electronic form eg on a CD-ROM
Reproductions of works must fall within the limits allowed under the Part VB Licensing Scheme. This includes the institution-wide limits associated with an electronic communication.
The CD also needs to be configured so that the Copyright warning notice
for electronic copying and communication is viewed before access is granted to each work.
Limits applying to the use of the CAL electronic reproduction and communication licence
Copying under this licence includes;
- scanning from paper
- re-keying paper copies
- storing in a digital medium
- communicating the digital copy.
The following conditions apply to the use of this licence:
- Digital copies must contain attribution and display the Copyright warning notice.
- Access to digital items must be restricted to staff and students. (Digital copies should only be communicated through E-Reserve or Moodle)
- Each copied item must contain the Copyright warning notice.
- The limits as required by this licence are the same as for the hard copy licence (See above) However,these limits should also be interpreted as applying to any one institution in any one year regardless of the intended audience. In other words, lecturers cannot incrementally copy a whole work, by copying one chapter this week or term, another the next and so on, so that the students receive more than these limits from any one work during the course of their study. As these limits apply institution wide in any one year, record keeping by the institution of any electronically communicated item is essential. This is to ensure copyright compliance. Records of any item communicated other than through E-Reserve should be lodged with the Copyright Officer.
If you wish to use more than is permitted under the licences for educational purposes, then one option is to seek permission from copyright owners. Permission sought should be made using the Faculty/Student Request for Permission to Use Copyright Material
form and the written permission should be retained by the Department and the Copyright Officer. Please allow time for the copyright owner to be located and permission sought.
Permission from the copyright owner to use their material will override copyright legislation but it is important to ensure that:
- you are receiving permission from the actual copyright owner
- you have clearly stated the use you intend to make of the material. Use not explicitly covered in the request will breach copyright regulations
- you should always show on the material that it is being used with permission.
Whenever you use the intellectual property of another person you must also ensure that you comply with the moral rights legislation which is part of the Copyright Act. This means that you must correctly name and acknowledge the author and that you should not treat the work in a way that will be derogatory to it or the reputation of its creator.
Material from the Internet
Material on the internet, although readily available is likely to be protected by copyright and/or other special conditions set down by the copyright owner. The conditions of use may be quite specific and need to be checked carefully. If your use fits the purpose outlined, it is advisable to make a hard copy of the conditions on the date that you used the material and keep it on file, as conditions can change.
If you are using textual material for educational purposes it is likely that the fair dealing limit of 10 percent of the word count can be applied. You also need to consider whether your use has an economic impact and ensure that 'moral rights' of attribution and integrity are considered. If you are unsure it is best to contact the copyright owner to seek permission to use the material.
Linking to websites
If you wish to link to another website, it is best to link to the home page of that website. This will mean that you do not bypass any copyright statements or statements of use on that site.
Using material from social networking sites
It is advisable not to use material from 'social networking' websites such as You Tube as material placed on these sites may infringe copyright. At best it is difficult to determine who actually owns the copyright, and for what purpose it has been made available.
More detailed information on selected topics is available on the Link to Copyright Wiki
Please note that access to this Wiki is only available to on-campus users.