There are numerous other situations in which you may need to use copyrighted material in your University capacity, such as preparing course materials and making them available on MyUni, or playing music over a loud speaker at a University event.
- Playing music at the University for non-educational purposes
- Making non-teaching materials available online
- Teaching materials for off-shore students
- Producing materials for fee-for-service courses
The University’s Music Licence permits music on the AMCOS/APRA and ARIA lists to be played at events organised or authorised by the University. These include Open Days, staff Christmas functions, open lecture series, student music recitals. However, entry fees cannot be charged for the event. The Music Licence permits videotaping of these events.
The Music Licence DOES NOT extend to events organised by student organisations that have a separate legal entity from the University (e.g. Student Unions) nor to events for which University premises have been hired out to a third party.
APRA works and PPCA sound recordings may be used as on-hold music for University telephone systems.
APRA works and PPCA sound recordings may be played within offices for the sole benefit of staff members in the workplace. They may not be played in office areas which are open to students or members of the public.
It is very important to abide by copyright laws when making materials available online. If these materials are placed on sites with no access restrictions, they can be viewed by the world at large and any copyright infringement can be easily detected. Please be particularly careful with the following types of materials:
The University’s Part VA, Part VB and Music Licences permit certain materials to be made available online for teaching purposes, provided that access is limited to students / staff of the relevant course. Therefore, copies of materials made under these licences must not be uploaded onto the University’s servers outside of MyUni, as there is no way of limiting access to students of the relevant course.
Copyright in a work created by a student (or group of students) will belong to that student (or group of students) unless they have assigned their rights in writing. Therefore, if a School wishes to place student works online, written permission must first be obtained from the relevant students and retained on file.
The School must also check if the student work contains any third-party material (e.g. a student video may contain a music soundtrack). The student may have been entitled to include such third-party material under the Fair Dealing for Research or Study exception, however that exception will not extend to making the material available online. If any third party material is included, that material must be edited out or permission obtained from that third party before the student work can be placed online.
Publishers generally require authors to assign copyright in the work to the publisher as part of the publishing agreement. However, many educational publishers are now embracing ‘open access’ and grant authors a right – via the publishing agreement, or the publisher’s policies – to “self-archive” their work in their institution’s digital repository or personal website.
The University of Adelaide’s digital repository is Adelaide Research & Scholarship. Staff who wish to make their publications available online should submit their publication to Adelaide Research & Scholarship, rather than posting it on other University websites. Staff must first check whether their publishing agreement or the publisher’s policy enables this.
For a list of publishers’ policies regarding the authors’ rights to make works available on repositories, go to www.sherpa.ac.uk/romeo.php. Or check the journal or publisher’s policy from the “Permissions” page on the relevant journal or publisher’s website.
The Australian copyright legislation only applies in relation to works that are copied or communicated in Australia. Any copying of works which is done in a different country is subject to the laws of that country.
Thus, while the University is able to rely on the Part VB licence in order to make copies within Australia of book chapters or journal articles for teaching purposes, this licence is not applicable to any copying undertaken outside Australia. Teaching materials containing third-party material which is copied in reliance of the Part VB licence MUST NOT be sent overseas for printing / photocopying for offshore students, as such copying is likely to cause the University to be in breach of that country’s copyright laws.
These materials should either be copied (can be hardcopy or onto CD) within Australia, or made available to those students via MyUni.
The Part VA and Part VB Licence and the Music Licence may only be relied on when copying materials for students who are enrolled in an award based course of study at the University. This excludes any developmental courses or courses which are delivered to organisations on a fee-for-service basis.
Third party materials may only be included in teaching materials for such courses if permission has been obtained from the relevant copyright owner.