Copyright Policy

Overview

The Copyright Act 1968 (Cth) grants exclusive rights to copyright owners to use copyrighted material, including the right to reproduce or copy, publish, perform, communicate, translate or adapt the material. It is essential to the University's continued success and functionality that every individual involved in the use of copyrighted material in connection with the University complies with copyright law, and that the University as an institution can demonstrate a high level of compliance.

The purpose of this policy is to:

a) Provide a central and clear statement to staff, students and other members of the University community of their compliance obligations with respect to copyright;

b) Mandate compliance with copyright laws by all involved in the University's activities and minimise the risks that flow from copyright non-compliance, particularly the risks that flow from digital and online material use;

c) Improve the University community's awareness of the importance of copyright compliance to the ongoing viability and improvement of the University as a higher education provider and research facility, and foster legitimate uses of copyrighted materials; and

d) Demonstrate a commitment by the University and its highest level managers to a compliance culture.

Scope and Application

This policy applies to anyone involved in the use, on behalf of the University or in connection with the University, of copyrighted material: namely, material for which a person or entity other than the University owns the exclusive rights under the Copyright Act 1968 (Cth) to use that material. This Policy applies to all staff, students, titleholders, affiliates and authorised users of the University IT facilities. This policy also applies to contractors or volunteers who are contributing to the core functions of the University or producing University materials (including teaching materials or marketing materials).

This policy is not intended to limit use by the University community of material for which the University owns copyright. The management of University-owned copyright is governed by the Intellectual Property Policy.

Policy Principles

1. General principles

a) The use of material created by others is central to the functions of the University as a public teaching, learning and research institution. The University supports and encourages the legitimate use of copyrighted materials to enhance the teaching, learning and research activities of the University.

b) The University does not condone any use of copyrighted materials in breach of copyright laws, and expects all staff, students and other University community members to comply with copyright laws and all legal restrictions and obligations regarding the use of copyrighted material.

c) Breaches of copyright law by members of the University community will be treated seriously as the risks that could flow to the University as a result of non-compliance with copyright are severe.

d) The use of digital and online media in teaching is encouraged and supported, as it enhances and streamlines the University's teaching functions. However, the University provides central coordination and management of the digitisation and posting of copyrighted material through the Digital Resources Management Centre, so that the more complicated challenges and risks presented by online and digital media in terms of copyright compliance can be better managed.

2. Compliance obligations of the University community

2.1 Staff obligations

a) All staff are required to comply with this Policy and the Copyright Act 1968 (Cth), and are expected to read and understand the compliance information provided for them on the University's Copyright Website and in the Copyright Guidelines[1].

b) Staff who do not comply with this Policy and the associated copyright compliance requirements may be liable for disciplinary action under the terms of the University of Adelaide Collective Agreement or their Australian Workplace Agreement, whichever is appropriate and relevant.

c) Academic staff (all Level B academics and Level A academics appointed in a teaching role) who commence employment at the University after the introduction of this Policy are required to complete the copyright online induction course in the first month of their employment. Supervisors may require existing academic staff to complete the online induction course.

d) Supervisors may require either existing or commencing professional staff to complete the online induction course if it is considered necessary for their role.

2.2 Student obligations

All students are expected to read and understand the information provided for them on the University's Copyright Website, particularly relating to the copying and distribution of copyrighted sound or video recordings. Students are personally responsible and liable for breaches of copyright arising from their own actions and may be liable for disciplinary action in accordance with the Rules for Student Conduct or the Rules of Conduct for Roseworthy Campus.

2.3 IT Users

All authorised users of the University IT facilities must ensure that they comply with copyright laws in their online dealings. More details of these obligations, and consequences of non-compliance, are set out in the IT Acceptable Use and Security Policy.

3. Content management

The University recognises its responsibility to manage copyright content, particularly in University hosted online resource areas. The University will ensure that systems facilitating content management are in place to support compliance with the Copyright Act and this Policy, including central monitoring of online content to ensure that the University as a whole institution is complying with copyright laws and operating within the terms of its statutory copyright licences. Further information is available on the University's Copyright Website and the Digital Resources Management Centre.

4. Dealing with alleged breaches of copyright

a) Breaches of copyright law by members of the University community will be treated seriously by the University. As outlined above in paragraphs 2.1 and 2.2 above, staff and students respectively may face disciplinary action if they fail to comply with this Policy and the legal requirements relating to copyright.

b) Where a staff member, student or some other member of the University community believes that the availability of any material on the University's IT system may be in breach of copyright, that potential infringement must be reported to the Copyright Officer in accordance with the Procedure for Actioning Take-Down Notices and Other Copyright Complaints made under this Policy.

c) Where a notice is received from outside the University alleging that the availability of any material on the University's IT system may be in breach of copyright, the notice must be forwarded to the Copyright Officer in accordance with the Procedure for Actioning Take-Down Notices and Other Copyright Complaints made under this Policy.

5. Authorities

The following authorities are delegated under this Policy:

Delegations of Authority

Vice President (Services and Resources)

To approve variations to the Procedures for Actioning Take-Down Notices and Other Copyright Complaints.

Procedures

Note: Further guidance on all these obligations is provided on the Copyright Website.

1. Specific copyright obligations

1.1 Production and delivery of teaching materials

Responsibility: All teaching staff and their support staff; Course coordinators

a) Teaching staff or other persons involved in the production, reproduction or delivery of teaching materials must be familiar with and meet their obligations as detailed in the Copyright Guidelines, including the proper labelling of educational material.

b) Course coordinators have a responsibility to ensure copyright compliance of all material supplied to students enrolled in their courses, and to ensure that content posted on MyUni for the courses for which they are responsible is properly managed and complies with this Policy.

1.2 Online materials

Responsibility: All staff

a) When copyrighted materials or digital copies of broadcasts are to be made available as a teaching resource online or in other digital formats, staff must arrange the digitising and posting of the material through the Library's Digital Resources Management Centre.

b) All staff posting other material online (such as website content or other MyUni materials) are responsible for ensuring the copyright compliance of their uploaded content and/or links to external material.

1.3 Staff and students in high risk or specialised copyright areas

Responsibility: All staff and students in specialised areas

Staff, students or other persons (including volunteers or contractors) who are engaged in areas where copyright issues regularly arise, such as the Elder Conservatorium of Music, Radio Adelaide, Information Technology Services, Marketing and Strategic Communications, Student Support Services (Disability Liaison), the Library, Art Heritage and Archives must ensure that the specific copyright requirements applicable to their area of activity are complied with.

1.4 Scholarly works and joint copyright

Responsibility: All staff and students publishing scholarly works

Where staff or students are involved in the creation or publication of scholarly works, they must ensure that any copyrighted material of third parties is used lawfully. This may include warranting to the publisher that no third party copyright is infringed through the work. Where material is created or published in which the University is a joint copyright owner with one or more other parties, the staff or students involved in the project must ensure that the joint rights of the other parties are respected and must not recreate or republish that work without permission.

1.5 Commercial activities and consultancy teaching

Responsibility: All staff

Where copyrighted material is to be used in connection with a commercial activity of the University, or in fee-for-service teaching, the use is not likely to be covered by the statutory licences authorising use for educational purposes. Staff or other persons involved in such activities on behalf of the University must ensure that appropriate arrangements are made to use the material in compliance with copyright laws. Advice must be sought from the Copyright Officer before material is used in such a manner.

2. Copyright awareness and management

2.1 Copyright officer

Responsibility: Copyright Officer

a) Provide professional advice to staff on the interpretation of the Act and this Policy upon request.

b) Present education sessions through Centre for Learning and Professional Development, or upon request for Faculties or Schools.

c) Maintain content on Copyright Website for both staff and students.

2.2 Faculty awareness

Responsibility: Associate Deans (Teaching and Learning)

a) Raise awareness of this Policy within their Faculty.

b) Encourage existing staff to undertake the copyright online induction course.

2.3 Staff education

Responsibility: Director, Centre for Learning and Professional Development

a) Ensure that dedicated training sessions on copyright rights and responsibilities are made available to staff on a regular basis (and at least once per academic year).

b) Ensure that training on copyright issues is incorporated wherever possible into other academic staff training sessions, such as the Teaching at University course, MyUni training, or other general teaching practice courses.

2.4 Digital and Reference Resources

Responsibility: University Librarian

a) Oversee the Digital Resources Management Centre's management of online material.

b) Oversee the management of Adelaide Research and Scholarship (the University's digital repository) and ensure copyright compliance.

c) Oversee the use of Library holdings and facilities generally, consistent with this Policy.

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Please use the following URL instead of linking to individual documents:
https://www.adelaide.edu.au/policies/2643