Copyright Policy

POLICY STATEMENT

The Copyright Act of 1968 and subsequent amendments and regulations such as the Copyright Amendment (Digital Agenda) Act 2001 and Copyright Amendment (Moral Rights) Act 2000 aim to balance competing interests of community access to copyright materials with the right of creators to earn a living from their work. Copyright holders therefore have specific rights that are protected by legislation. These rights include, but are not limited to, the right to reproduce, the right to publish, the right to perform a work in public, the right to communicate the work to the public and the right to make an adaptation of the work. There are also other specific rights for specific formats such as the right to make a copy of a sound recording or the right to cause the visual images of a film to be seen in public.
Avondale College is committed to ensuring compliance to copyright legislation in all areas of activity which relate to third party copyright material.

PURPOSE

The purpose of this policy and accompanying information is to:

• Promote copyright compliance in both the academic and non-academic activities of the College by ensuring that all students and staff are made aware of their obligations when using copyrighted material in any format whether by copying, reproducing, communicating, playing, recording or performing


• Assist Avondale College students and staff to make full legal use of the materials at their disposal


• Limit any risk to the College associated with the use of copyrighted materials.

SCOPE

This policy applies to students and staff at all Avondale College campuses, and relates to all College approved and/or sponsored activities.

DEFINITIONS

The Copyright Act of 1968 shall for the purposes of this document be referred to as the Act .

First party copyright material

First party copyright material refers to any material created by Avondale College staff as part of their employment in which copyright has not been transferred or exclusively licensed to a third party. Please refer to the Avondale College Intellectual Property Policy.

Third party copyright material

Third party copyright material includes both licensed and unlicensed third party copyright material.
"Licensed third party copyright material" is any copyright protected material for which the terms of use are governed by a licence or any other form of agreement, eg. Avondale College holds licences for educational copying with the Copyright Agency Limited (CAL) for hard copy and electronic reproduction and communication; and with Screenrights for copying from radio, television and cable.
"Unlicensed third party copyright material" is any copyright material not governed by an agreement between the copyright owner and the user. This includes material copied in reliance upon Parts VA or VB of the Copyright Act of 1968.

MORAL RIGHTS

Whenever another person's intellectual property is used, users must also ensure that they comply with moral rights legislation that is also part of the Copyright Act. This means that the author must be correctly acknowledged and that the work should not be treated in any way that will be derogatory to it or to the reputation of its creator.

FAIR DEALING

Students are able to reproduce copyright material without permission provided that the dealing is for research or study and that the copying is 'fair'. Fair dealing applies to work copied by an individual for their own use. Fair dealing provisions cannot be used to copy material for others, eg lecturer for individual student or class.
The Act s40 deems 'fair' to mean:

• an article in a periodical publication (eg a journal article);


• more than one article in the same edition of a periodical if on the same subject matter;

or

• a reasonable portion which is generally 10% or one chapter if the work is a published edition of 10 pages or more; or 10% of the words if in electronic form.

In the case of audio visual (AV) items, the Copyright Act s103C requires the following factors to be considered:

• the purpose and character of the dealing;


• the nature of the AV item;


• the possibility of obtaining the AV item within a reasonable time at an ordinary commercial price;


• the effect of the dealing upon the potential market for, or value of, the AV item;

in a case where part only of the AV item is copied the amount and substantiability of the part copied taken in relation to the whole item.
The Act does not provide any guidance as to the proportion which might be considered fair so considerable care and consideration should be taken when copying AV items.

COMPLIANCE RESPONSIBILITIES

It is the responsibility of all students and staff to make themselves aware of their obligations in relation to copyright by:

reading the handouts on copyright supplied at orientation

taking note of copyright notices on or near equipment that can be used for reproduction or playing

reading the copyright policy and accompanying information on the Library's copyright web page

attending copyright training sessions

consulting with the College Copyright Officer or Copyright Assistant (titles should be consistent with Copyright Committee Terms of Reference).

Students are entirely responsible for any copyright infringement resulting from their actions. Faculty are responsible for the copyright compliance of all third party copyright material supplied to students enrolled in their courses.

REPRODUCTION TO ASSIST PEOPLE WITH DISABILITIES

The Act s135ZN-ZT allows for the reproduction of certain materials for people with print and intellectual disabilities

PRINT COURSE PACKS

Lecturers must ensure that all course packs supplied to students include the following:

• course name, year and subject number


• full bibliographic details, including page numbers, for each item of third party copyright material reproduced in the pack


• appropriate copyright notice. See College Copyright Officer for wording.

ONLINE COURSE MATERIALS

Avondale College lecturers using third party copyright materials in online course management software and/or E-Reserve should register all such materials with the Manager of CAL Electronic Records. Any material that is transmitted in any other electronic format, including email, by or on behalf of lecturers, should also be registered with the Manager of CAL Electronic Records.

STUDENT MATERIALS

Student material is generally protected by copyright. Lecturers needing to use a student's work must ensure that they keep adequate documentary proof that they have the student's permission.

NON-ACADEMIC ACTIVITIES

Educational licensing cannot be relied upon for non-academic activities such as social activities (both on and off-campus), community outreach, fund-raising and worship programmes. Staff and students should check with the Copyright Officer to ensure their activity is covered by current Avondale College licensing agreements.

RESOURCES

The Library holds a number of books published by the Australian Copyright Council that will assist in the understanding and implementation of Australian Copyright law.
Relevant websites include:
Australian Copyright Council
Australasian Performing Rights Association
Attorney Generals Department
Australian Digital Alliance
Copyright Agency Limited
Christian Copyright Licensing International
Phonographic Performance Company of Australia
Screenrights

COPYRIGHT AUDITS/NON-COMPLIANCE

The following must be signed off by a designated officer of the Copyright Committee before being distributed:

course packs - print or digital

course handouts

All third party copyright digital or electronic material (print or audio visual) which staff provide for students to access must be placed on the library's E-Reserve server.
The following may be audited by the Copyright Officer for compliance with copyright legislation and Avondale's copyright policy:

online or print reserve collections

online courses

video conferences

all non-academic activities including video nights, concerts, dramatic or musical productions, promotions for club or student activities.

NON-COMPLIANCE PROCEDURES

Any non-complying activities will be brought to the attention of those responsible. Failure to take appropriate action will be brought to the attention of the Copyright Committee and may result in disciplinary action.

CONTACT INFORMATION

Lake Macquarie Campus

Copyright Officer Marilyn Gane 02 4980 2129 (x129)
Copyright Assistant Sue Blyde 02 4980 2130 (x130)
Audio-visual Officer Paul Laurie 02 4980 2132 (x132)
Manager of CAL Electronic Records Graeme Tretheway 02 4980 2134 (x134)

Sydney Campus

Academic use Paul Race 02 9487 9629
Non-academic use Drene Somasundram 02 9487 9617

RELATED POLICIES

Avondale College Copyright Awareness (VTE)
Avondale College Intellectual Property Policy
Photographic Rights Policy

Description
Approved By (1) Copyright Committee (2) Academic Board (3) Adgroup
Approval Date (1) 15 June 2006 (2) 21 June 2006 (3) 27 June 2006
Upload Authorised By Vice President Academic
Replaces
Review In 2007 or as new legislation is enacted
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