Copyright Policy

Overview

The Copyright Act 1968 (Cth) grants exclusive rights to creators and owners of copyright material. These exclusive rights include the right to reproduce or copy, publish, perform, communicate (by email or making available online), translate or adapt the material. Creators of some types of works are also granted Moral Rights. Copyrighted material must not be used in a manner that infringes the copyright owner's exclusive rights or Moral Rights, unless with the consent of the copyright owner or otherwise as provided in the Act. Copyright infringements may result in civil or criminal action against the University and / or the individual responsible for the infringement.

The University is a large producer and user of material in which copyright subsists. It is therefore essential that the University complies with copyright legislation when dealing with Third Party Material. This Policy sets out the University's position and requirements in relation to the use of Third Party Material.

The University's position on the ownership of copyrighted material created by members of the University is set out in the Intellectual Property Policy.

Scope and Application

This Policy applies to all staff, titleholders and students. 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).

Policy Principles

1. The University supports and encourages the legitimate use of Third Party Materials to enhance the teaching, learning and research activities of the University. However, the University does not condone any activity which infringes the copyright or Moral Rights of any third party. All staff, titleholders, contractors, volunteers and students are responsible for observing copyright legislation, and any restrictions or obligations under any licences or permissions in their use of Third Party Material.

2. The University has special licences and exemptions as an educational institution that enables it to use Third Party Materials for educational purposes. Where a proposed use or activity is not within the scope of any special licence or exemption, Third Party Materials should not be used except with the written permission or a licence from the copyright owner of the Third Party Material.

3. The use of Third Party Materials for activities undertaken offshore is subject to the copyright laws of the country where the activity is undertaken.

4. The University will provide staff, titleholders and students with information and resources to assist them in understanding and complying with their responsibilities in relation to copyright. Where central systems are provided by the University to facilitate content management and copyright compliance, staff and titleholders are expected to utilise these systems, and must not utilise other systems unless otherwise authorised to do so.

5. When requested, staff, titleholders and contractors must participate in copyright sampling that is required of the University under its statutory copyright licences.

6. Staff, titleholders and students have a responsibility to notify the University's Copyright Officer of any:

a) allegations that the University has infringed the copyright of a third party; and

b) University material or activity that the staff, titleholder or student reasonably believes is in breach of a third party's copyright.

7. Staff, titleholders and students must not use University facilities or equipment in a manner that infringes the copyright of a third party (refer also to the IT Acceptable Use and Security Policy).

8. Breaches of this Policy or copyright legislation by staff or titleholders may constitute misconduct which may lead to disciplinary proceedings including termination. Breaches of this Policy by students may constitute misconduct. Copyright infringement by an individual may also result in personal liability to, or criminal prosecution of, that individual.

Procedures

1. Using third party materials for educational purposes

Responsibility: All staff and titleholders

a) All staff and titleholders involved in the production, reproduction or delivery of Teaching Materials must be familiar with and meet their copyright obligations as detailed in the Copyright website.

b) Where seeking to rely on University licences or exemptions, staff and titleholder must pay particular attention to the limits on the amount that may be copied, and the labelling requirements. Where a specific licence or permission has been obtained from the copyright owner, staff and titleholders are responsible for ensuring that their use complies with the terms of that licence or permission.

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. Professional staff (depending on the nature of their role) and existing academic staff may be required by their line manager or Head of School to complete the copyright online induction course.

d) Electronic distribution of Teaching Materials containing Third Party Materials must only occur via the University's online learning management system (currently MyUni) or email to students enrolled in the course. Staff or titleholders wishing to use alternative systems must consult with the University's Copyright Officer.

e) Staff or titleholders who wish to make digital copies of literary, dramatic, artistic or musical works (e.g. book chapters, journal articles, music scores) for inclusion in Teaching Materials must consult with the Library's Digital Resources Management Centre on the digitising of that material. The Digital Resources Management Centre provides a central digitisation service to ensure that the copying limits under the University's statutory licence are adhered to.

2. Using third party materials for other University purposes

Responsibility: All staff and titleholders

The University only has special copyright licences and exemptions for activities undertaken for the purpose of educating students of the University. If seeking to use Third Party Materials for other University activities such as:

* Research or consultancy

* Public lectures or performances

* Publication of scholarly work

* Teaching of non-award courses

* General administrative activities

* Promotional or marketing activities

staff and titleholders are responsible for ensuring that relevant permissions or licences have been obtained so as not to infringe the third party's copyright. If in doubt, seek advice from the University's Copyright Officer.

3. Dealing with allegations of copyright infringements

Responsibility: All staff, titleholders and students

a) Where a notice is received from a third party alleging that any University activity or material, or material available on the University's IT system, infringes that third party's copyright, such notice must be promptly forwarded to the University's Copyright Officer. Where the notice relates to material that is available on the University's IT system, the Procedure for Actioning Take-Down Notices and Other Copyright Complaints must be followed.

b) Where a staff member, titleholder or student reasonably believes that any University material or activity infringes a third party's copyright, that matter must be promptly reported to the University's Copyright Officer.

4. Copyright awareness and management

Responsibility: University's Copyright Officer

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

b) Present annual Copyright education sessions, or upon request for Faculties or Schools.

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

Responsibility: Heads of Schools and Associate Deans (Teaching and Learning)

d) Raise awareness of this Policy and copyright obligations within their Faculty or School / Branch.

e) Ensure that commencing staff undertake the copyright online induction course in accordance with Procedure 4b, and encourage other staff and titleholders to undertake the copyright online induction course.

Definitions

'Educational Purposes' means the preparation, teaching or administration of an award course. This includes retention in the physical collection of a University library for use by students.

'Moral Rights' are those personal rights conferred by Part IX of the Copyright Act 1968 (Cth) in relation to literary, dramatic, musical or artistic works and cinematograph films.

'Teaching Materials' are materials in any form prepared for the teaching of an award course or program that is offered or intended to be offered by the University. They include curriculum outlines, lectures, lecture notes and material, syllabi, study guides, assessment materials, images, web content, course software, etc.

'Third Party Material' means material in which copyright is owned by a party other than the University.

'University's Copyright Officer' means the person appointed by the University to that role.

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