What are print and graphic works?
Under the Copyright Act 1968 print and graphic material which
is copied by UNSW will generally fall under the category of works.
Works include literary, dramatic, musical and artistic works.
For a work to receive copyright protection it must be "original" and
it must be "reduced to material form". Copyright protects
the expression of a thought, not the originality of the thought
or idea.
What copying is allowed?
You may copy published material if:
- the copyright is owned by the University;
- the material has been supplied to the University with an express
licence to copy and/or communicate;
- you obtain permission from the relevant copyright owner;
- the proposed copying and/or communication falls within any
of several exceptions in the Copyright Act that allow limited
amounts of copying
and communication without payment; or
- the copying and/or communication is covered by the "statutory
licence" for copying and communicating print and graphic
material in universities. Under Part VB of the Copyright Act
1968, universities
make payments, through Copyright Agency Limited (CAL) for copying
and communicating under the statutory licence.
You will need to know what you propose to copy or communicate
(for example, who wrote and published it), how much of it you will
copy or communicate and how many copies you will make; and what
will happen to those copies (to whom will they be distributed or
communicated and for what likely purpose).
If the copyright owner has given the University permission to
copy and/or communicate the work, you can do so within the limits
they have set down.
If your proposed copying and/or communication falls within any
of the exceptions to the Copyright Act such as "fair dealing",
you can copy/communicate within the limits set down.
Other copying will be covered by the Part VB statutory licensing
scheme, provided the copying/communication was done on behalf of
the University, solely for the educational
purposes of the University
or another educational institution.
Part VB Copying
The Part VB statutory licence allows universities to copy and
communicate print and graphic works for the educational purposes
of the university, or of another university which has issued a
remuneration notice to CAL.
Part VB covers all copying of print and graphic works - photocopying,
copying to slides, microfiche or overhead transparencies, scanning
into electronic form and copying from the web - provided it is
for the educational purposes of the university (or another university
with a remuneration notice) and otherwise complies with the strict
rules set out in the Act and the Regulations.
For the purposes of Part VB copying, the "educational purposes
of the University" include:
- using the material to teach students;
- making the copy available to students, or communicating to
students, as part of a course of study at the University;
- retention of a copy in the University library or elsewhere
(eg by a staff member) as a teaching resource; and
- the administration of students and courses.
The limits on what can be copied under the Part VB Licence
- articles contained in a periodical
publication - the whole
or part of an article can be copied. Two or more articles contained
in the same periodical publication can be copied if the articles
relate to the same subject matter. These limits apply on a
course
by course basis.
- literary or dramatic work contained
in a published anthology - the whole or part of a work can be copied, up to 15 pages.
An example
would be an essay contained in an edited collection of essays.
This provision only applies for hardcopy copying and is on
a course by course basis.
- other copying of literary, dramatic,
musical or artistic works - a "reasonable portion" of the work can be copied. The
Act deems that where a literary, dramatic or musical work which
is published as a published edition (for example, a book or play)
is copied, then provided no more that 10
per cent of the pages in the edition, or
one chapter (whichever is more), is copied,
the amount will be taken to be a "reasonable portion".
If you take more than that, it generally will not be a "reasonable
portion", unless the person doing or requesting the copying
is satisfied, after reasonable investigation, that copies (other
than secondhand copies) of the work cannot be obtained within
a reasonable time at an ordinary commercial price. For hardcopy
copying
these limits apply on a course by course basis. For electronic
copying/communication they apply across the whole University.
The Part VB Notice
When Part VB print & graphic material is communicated, it
must contain an electronic notice incorporating the following information:
|
COMMONWEALTH
OF AUSTRALIA
Copyright
Regulations 1969
WARNING
This
material has been copied 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 copying 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.
The
electronic notice is available in pdf
, jpeg,
and
tif
formats.
Non Part VB Copying
Copying/communication which is authorised by the copyright owner
Find out if UNSW has entered into a licence agreement with the
copyright owner. If you have a licence from all relevant copyright
owners authorising copying and/or communication, then it is not
necessary to use the Part VB statutory licensing scheme. Permission
to copy might also be granted by academics or others in relation
to their work, if they own the copyright. Note, however, that the
mere fact that a person is the author of work does not mean that
he or she retains copyright. It may have been assigned to the publisher
of the work.
Examples of copying which has been authorised or licensed include
the copying of Blackline Masters, copying from some electronic
journals purchased under licence by the university library, copying
certain court decisions and copying for which sector-wide licences
have been obtained. The AVCC will be advising universities from
time to time when such sector-wide permissions have been negotiated.
In each case the licence terms must be observed.
Licences entered into prior to the enactment of the Digital Agenda
Act may not expressly include the right to communicate works. If
you are in any doubt as to whether the university is authorised
to communicate a copyright work, you should consult the Copyright
Officer.
Multiple copies of an insubstantial portion
Multiple copies of an insubstantial portion (usually 1 or 2 pages)
of a literary or dramatic work can be made for free in certain
circumstances. The copying must be carried out on the premises
of the university for the purposes of a course of education provided
by it. In the case of a work which is in hard copy form, the exception
does not apply to the making of a copy of more than two of the
pages of a work in an edition of the work unless:
(i) there are more than 200 pages in the edition; and
(ii) the total number of pages copied does not exceed 1% of the
total number of pages in the edition.
In the case of a work which is in electronic form, this exception
does not apply if more than 1% of the total number of words is
copied.
A further limitation is that a period of more than 14 days must
elapse before a person relying on this provision can seek to copy
any other part of the same work in reliance on it.
The insubstantial portion provision does not apply to artistic
or musical works.
Communication of an insubstantial portion
An insubstantial portion of a work can also be communicated without
the need for payment. The communication must be carried out on
the premises of an educational institution for the purposes of
a course of study provided by it. The exception does not apply
to the communication of more than 1% of the total number of words
in the work.
Two further limitations apply:
a period of 14 days must elapse before a person relying on this
provision can communicate any other parts of the work in reliance
on this provision; and
the parts of the work previously made available on-line must be
taken down before a person can make another part of the work available
in reliance on this provision.
Copying for examinations
Literary, dramatic, musical and artistic works are able to be
copied without infringement as part of a question to be answered
in an examination, or in an answer to such a question. This exception
applies to copies only, not communications.
Fair dealing
The fair dealing provisions of the Act are an exception to the
exclusive rights of copyright owners. They allow some copying and/or
communication for certain purposes to be done for free without
infringing copyright.
Fair dealing for the purposes of criticism or review
A fair dealing with a literary, dramatic, musical or artistic
work, or with an adaptation of a literary, dramatic or musical
work, does not infringe copyright in the work if it is for the
purpose of criticism or review, whether of that work or another
work, provided there is sufficient acknowledgment of the work copied.
Any acknowledgment should identify the author (unless the author
is anonymous or has agreed or directed that they not be named)
and identify the work from which the copies are taken by its title
or other description.
An example of how this provision might be relied on by a university
lecturer is where a work is copied for inclusion in a conference
paper for the purpose of commenting critically on the material.
Without the protection of the fair dealing provision this copying
might - assuming a "substantial amount" was used -
amount to an infringement of copyright.
In order to obtain the protection of this section, the purpose
of the dealing must be criticism or review. If the court considers
that the real purpose of the dealing was to capitalise on publishing
another creator's material, the protection will be lost.
This category of fair dealing will very rarely apply to multiple
copying for distribution to students. But it may apply to copying
you do for yourself or for other staff. It may also apply to communications
between academics for the purpose of academic criticism and discussion.
Fair dealing for the purpose of research or study
A fair dealing with a literary, dramatic, musical or artistic
work, or with an adaptation of a literary, dramatic or musical
work, does not constitute an infringement of copyright if it is
for the purpose of research or study.
If you are copying for yourself, for other staff or for distribution
to on-campus students, the first question is whether the copy is
made for the purpose of research or study. (Copying and communicating
for external students is in a special category, discussed later.)
Consider first the use or uses to which the copy is likely to
be put. If it is part of the research function, such as preparing
an article or book chapter, or part of an academic's general
reading to maintain current awareness in his or her field, then
it is very
possibly made "for the purpose of research or study".
Some teaching functions, such as preparation of new courses, or
copying of an article or other material for an individual student
or small group of students to study, could also fall within the
test. But multiple copying for distribution or other use in teaching
will not usually be considered to be "for the purpose of research
or study", so be cautious before concluding that copying
for teaching purposes does fall in this category.
It may be that
in practice very few instances of communication will fall within
this purpose, although a communication between
two academics for the purpose of joint research will most likely
satisfy the test.
Remember that once you have decided that a particular copying
or communication is for this purpose, you still have to consider
whether it is fair (explained below).
Copying for external students
The exception to copyright infringement for fair dealing for research
or study applies more strongly to enrolled external students. Any
copying or communication of literary works (which includes print
material other than artistic works or music and, possibly, plays)
which is for the purposes of or associated with a course of research
or study by an enrolled external student is permitted, provided
it is fair (explained below). But you must be careful. If the material
you copy for the external students includes artistic works, then
you cannot assume that copying to be covered by the exception.
The scope of the fair dealing provision as it relates to copying
for external students is currently the subject of a legal challenge
by CAL against the universities. If CAL is successful, universities
may be required to do some or all of this copying under the statutory
licence.
Copying for offshore students
If copies are made in Australia for enrolled offshore students,
they are licensed copies (unless an exception applies). If the
copies are not made in Australia, Australian copyright law will
not apply.
Fairness
For any copying or communication which is for research or study
(or in the special case of external students for the purposes
of or in association with a course of study by external students),
you must ask whether the copying is "fair". Fairness
is the paramount consideration. The Copyright Act contains some
important guidelines.
First, if you copy less than 10% of the pages of a published
work (or less than 10% of the words of a published work in electronic
form) or one chapter, or one article in a periodical, and you
are
sure that you meet the test of "research or study" or
use by external students, then that copying is taken to be fair,
and is automatically protected by the Act. You do not record
that copying. (Note that this deeming provision applies to copying
only,
NOT communications. The Act provides no guidance on how much
of a work can be communicated in reliance on the fair dealing
provisions.
It may be that the fair dealing exception is of little practical
use with respect to communications.)
If you copy more than 10%, one chapter or one article, then in
determining whether the copying or communication is a fair dealing
a court is directed to consider:
- the purpose and character of the dealing;
- the nature of the work or adaptation;
- the possibility of obtaining the work or adaptation within
a reasonable time at an ordinary commercial price;
- the effect of the dealing upon the potential market for,
or value of, the work or adaptation; and
- in a case where part only of the work or adaptation is
copied - the amount and substantiality of the part
copied taken
in relation
to the whole work or adaptation.
Material which is made available on-line in reliance on Part VB,
and remains on-line, is deemed to have been recopied and re-communicated
at the end of each 12 month period.
Copying of Images
Under the Part VB licence, artistic works which are embedded in
text for the purpose of
explaining or illustrating the literary work (incidental artistic
works), are treated differently from
stand alone artistic works.
Artistic works (other than incidental artistic works) that are
in hardcopy form can be copied
without further inquiry provided you are sure that they have not
been separately published.
If an artistic work in hardcopy has been separately published,
it can only be copied if the
person who makes the copies or causes them to be made has satisfied
himself or herself,
after reasonable investigation, that copies (other than second
hand copies) cannot be
purchased within a reasonable time at an ordinary commercial price.
If the artistic work you wish to copy is available in electronic
form, and the copy you are
making is from the electronic form, you can copy or communicated
the work in reliance on the Part VB licence without the need to
inquire into whether it is available for purchase.
Incidental artistic works can be copied without the need to make
the inquiries discussed
above.
Moral Rights
Moral rights belong to the author rather than the owner of a work.
Amendments to the Copyright Act give three moral rights: the right
of attribution; the right against false attribution; and the right
of integrity (ie the right not to have a work subjected to derogatory
treatment).
Moral rights protect an author's creativity rather than their
economic investment. They apply to all works created before and
after 21 December 2000, and to films, or works that are included
in films, after that date.
These rights cannot be assigned and must remain of a personal
nature. An author can consent to acts which would infringe moral
rights, but the consent must be in writing.
The right of attribution means that standard academic practices
should be followed, so that the name of the author and the title
of the work appears on copies. Alterations to material should not
be in conflict with the author's intentions.
The Library's Digitisation Service
When print and graphic material is to be made available online
the Library's Digitisation Service must be used so that the material
is communicated from the Library's server. As the Copyright Amendment
(Digital Agenda) Act 2000 imposes limits that apply across the
University as a whole, it is necessary to keep a central record
of what is made available online.
See the Digitisation Service page for
full details.
Who can help me with more Information or if I have any problems
understanding copyright at UNSW?
At UNSW@ADFA you can contact:
Jan
Gordon, Manager, Academy Library (ph: 02 6268 8122) for general
copyright information; or
Marilyn
Dunbar, Acquisitions Co-ordinator (ph: 02 6268 8106) for
digitisation issues.
The UNSW Copyright Officer can also be contacted
at:
The Copyright Officer
UNSW
Sydney NSW 2052
Phone: (02) 9385 2860
Email: copyright@unsw.edu.au
