Copyright
Copyright is an attempt to encourage and reward creative and intellectual
effort. Copyright law gives creators certain exclusive rights over
the use made of their work. The Copyright Act, 1968 (Commonwealth)
seeks to balance the creator’s rights to compensation for
the use of their work, with the need for community access to their
work.
In Australia, copyright is automatic for both published and unpublished
material. As Australia is a signatory to the Berne Convention,
most foreign copyright material is also protected in Australia.
There is no legal requirement to register copyright or to use the
copyright notice, but it does serve as a reminder of the rights
of the copyright owner. The copyright notice includes the copyright
symbol, followed by the name of the copyright owner and the year
of publication eg. (© UNSW, 2005)
It is safer to assume that all "works" (literary, dramatic,
musical and artistic) and "subject matter" (films, sound
recordings, broadcasts and published editions) are protected by
the Copyright Act, unless they clearly fall within the exceptions
as
listed in the Act.
Failure to follow the provisions of the Copyright Act, may lead
to litigation to recover damages and jeopardise the reputation
of the
University College, UNSW and the Australian Defence Force Academy.
The Act provides for certain exceptions and these are outlined
in the relevant sections indicated on the main copyright page.
Permissions
Unless otherwise specified, copyright clearance permits the use
of the material once only. If you wish to reuse the material
for another
course or, for the same course some time later, you must reapply
for copyright clearance.
Protecting the University’s Copyright
As well as ensuring compliance with the Copyright Act for the
use of material produced by others, University College staff
should
ensure they protect the University’s copyright. All study
material should be original and include the following notice
to indicate that
the copyright in the material belongs to the University:
(© UNSW [date])
In print materials the imprint page carries this notice. For
material published on the Web, each page should contain the
notice.
Where copyright belongs to the University, permission must
be obtained in order to publish it elsewhere.
An author may not reproduce their material if they do not
own the copyright (this may belong to the publisher or, the
person
or organisation
who commissioned the work).
Where a person, not being an employee of the University (eg.
a consultant), is engaged to produce material, a written
contract should be arranged
which specifies that copyright in such material belongs to
the University.
Moral Rights
The Copyright Amendment (Moral Rights) Act 2000 deals with
the moral rights of authors of literary, dramatic, musical
or artistic
works
and cinematograph films. The aim is to give due acknowledgement
to the work of authors and also protect the integrity of
their work.
Moral right means:
(a) a right of attribution of authorship; or
(b) a right not to have authorship falsely attributed; or
(c) a right of integrity of authorship.
Only individuals have moral rights.
The moral rights of the author of a work are in addition
to any other rights in relation to the work that
the author or
anyone
else has
under the Copyright Act.
"
An identification of the author of a work must be clear and reasonably
prominent. When a literary, dramatic, musical or artistic work is
reproduced in a material form, an adaptation is made of a literary,
dramatic or musical work, or a copy of a cinematograph film is made,
an identification of the author is taken to be reasonably prominent
if it is included on each reproduction of the work or of the adaptation
or on each copy of the film, as the case may be, in such a way that
a person acquiring the reproduction or copy will have notice of the
author's identity." (Section 195AA and 195AB)
It is recommended that where permission to copy
has been sought and granted, a note to this effect
be
included.
Reading Bricks
With reading material 'bricks' supplied to students
on or off campus, the preferred policy of Educational
Technology
Services
is to acknowledge
each piece of material together with a list of
all items in the ‘brick’ inside
the front cover, with the University’s name, the date copied
and the relevant section of the Copyright Act under which it was
copied.
Copyright
Definitions
A list of the main definitions used in the Copyright Act.
Copyright Legislation:
Copyright Act 1968
Copyright Amendment (Digital Agenda) Act 2000
Copyright Amendment (Moral Rights) Act 2000
Copyright Amendment (Parallel Importation) Act 2003
