Background
UNSW staff may copy print and graphic material for educational
purposes in reliance on Part VB of the Copyright Act 1968. Part
VB is a statutory licence scheme that, subject to strict conditions,
allows the copying of works for educational purposes without direct
permission from the copyright owner.
The Part VB licence is administered by the Copyright Agency Limited
(CAL). UNSW has entered into a licensing agreement with CAL, and
makes payments so that staff can make copies of copyright material
for the educational purposes of the University. The agreement is
a sampling rather than record keeping agreement. This means that
UNSW's copying and communication activities will be surveyed periodically.
UNSW benefits from the short-term financial certainty that the
Agreement creates, and from the much lighter administrative requirements
than under the previous record keeping system.
The Agreement with CAL covers all Part VB licensed copying, including
copying for staff and external students, as well as digital copying.
It takes into account amendments to the Copyright Act 1968 by the
Digital Agenda Bill. When surveys are carried out in future, electronic
copying and/or communication will also be monitored.
A copyright work is communicated whenever it is electronically
transmitted (eg sent to students as an email attachment), or made
available online (eg uploaded onto a university server in a form
which is able to be accessed by staff or students), to another
person or persons.
Payment and Sampling
Information about copying in universities is collected by CAL
through programmed sampling surveys conducted by ACNielsen. These
involve intensive 12 week periods of record keeping for selected
universities. Each year six universities will be surveyed for hardcopy
and electronic copying and/or communication, and an extra two just
for electronic copying and/or communication. CAL uses the sampling
data to determine which copyright owners are to be paid.When the
sampling monitoring period comes to an end, the University will
not be required to keep copyright records until it is chosen for
sampling again. UNSW's last survey ended in February 2003.
What does the University need to do?
1. For hardcopy copying you must stay within the limits set out
in the Print
and Graphic Copying Guidelines.
2. Each licensed electronic copy MUST contain
the following, prominently displayed electronic notice:
COMMONWEALTH
OF AUSTRALIA
Copyright
Regulations 1969
WARNING
This
material has been reproduced and communicated to you
by or on behalf of the University of New South Wales
pursuant to Part VB of the Copyright Act 1968
(the Act).
The
material in this communication may be subject to copyright
under the Act. Any further reproduction or communication
of this material by you may be the subject of copyright
protection under the Act.
Do
not remove this notice.
|
This notice MUST appear either before or at the same time as the
material being communicated appears on the screen.
3. The Digital Agenda amendments require the University to take "all
reasonable steps" to ensure that access to
copyright works made available online in reliance on Part VB is restricted to
those people entitled to receive access, eg staff and students
of the
university, or of another university with a remuneration notice
in place. They MUST NOT be available
for access by the general public.
4. Material which is communicated in reliance on the Part VB licence
by being made available online can remain online indefinitely.
However, there is deemed to be a fresh
reproduction and a fresh communication at the end of each 12
month period that the material
remains available online.
5. The limits which apply to how much of a work can be communicated
by being made available online are very strict. No more than
10 per cent of a work can be made available online in reliance
on the Part VB licence. For example, if the Arts faculty has
copied a chapter of Patrick White's "Voss", and made
this available online, no other faculty in the university can
make another part of the same work available online in reliance
on the Part VB licence until this first part is taken down. Failure
to comply with this limit will result in loss of the licence
for the second (and subsequent) portions of a work made available
online. This new strict copying limit does not apply to journal
articles. Nor does it apply to offline copying.
6. The s39A copyright warning notice that has since 1980 been affixed
on or near all library photocopiers, and which helps protect
the University against infringement action, should now also be
affixed on or near all machines (including scanners and computers)
which are either situated in the library, and which are capable
of making a reproduction of print and graphic works. The Act
requires that the notice be of the dimensions 297 mm long and
210 mm wide. The notice should be affixed on or near any machine
- wherever situated within the university - which is likely to
be used to reproduce print and graphic works. Note that the Audio-visual
Procedures deal with a new copyright warning notice pursuant
to s104B of the Act, which relates to audio-visual copying. Any
machine which is capable of being used to copy both print and
graphic works and audio-visual works should have BOTH notices
affixed on or nearby.
Procedures
Robert King, the Deputy Vice-Chancellor (Academic) and Registrar,
has the delegated authority for copyright within UNSW. Copyright
is administered by the Head of the Policy Management Unit. All
enquiries should be directed to the Copyright Officer on (02) 9385
2860.
Copyright coordinators have been appointed in each faculty and
copying centre. They are responsible for their respective schools’ and
units’ compliance with copyright procedures. They must post
relevant documents on all appropriate notice boards and at the
location of every photocopier in their schools, etc. Information
is available at http://www.copyright.unsw.edu.au/
Marking Copies
When copies are made under the provisions of the Copyright Act
there is no need for them to be marked.
Inspection
The Copyright Act gives CAL the right to give the University seven
days' notice in writing that it wishes to inspect all relevant
records held at the university which relate to the making of copies
and communications of works in reliance on the statutory licence,
or to the amount of equitable remuneration payable. The University
must provide reasonable and necessary facilities and assistance
for the effective exercise of this right by CAL. Please inform
the Copyright Officer immediately if you receive such a notice.
Legislation
Part VB of the Copyright Act covers the licensed copying and communication
of works by educational institutions, including provisions relating
to the form of remuneration notices; and the marking and record
keeping requirements. This must be read together with Part 5 of
the Copyright Regulations, and in particular Regs 23JF to 23JL.
The Regulations contain important detail that is not in the Act.
30 June 2003
