Transcript Copyright for ECU staff

Copyright for ECU staff
Michael Faithfull
Legal Counsel/Copyright Officer
[email protected]
Ph: 6304 2458
Introduction
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What is copyright?
What does copyright protect?
What are the rights of a copyright holder?
Special position of universities in relation to
copyright.
• Statutory Licences:
▫ Part VA Licence (Broadcasts); and
▫ Part VB Licence (Print and Graphic).
• Creative Commons.
• ‘Free exceptions’
What is copyright?
• Copyright is a set of rights relating to the use and
dissemination of certain expressive material.
• In Australia copyright is governed by the
Copyright Act 1968 (Cth).
• Copyright does not protect ideas, only the
expression of those ideas.
What is copyright? (Cont...)
• Copyright in a work is distinct from property in
the physical embodiment of the work.
• The copyright in a work is also distinct from the
protection of information in a work as
confidential information or under the Privacy
Act.
What does copyright protect?
• Copyright protects original ‘works’ which
include literary, artistic, dramatic and musical
works.
• Copyright also protects ‘subject matter other
than works’ including sound recordings, films,
radio and television broadcasts and published
editions of works (i.e. layout and formatting).
Rights of a Copyright Holder
• The rights of a copyright holder include the rights
of:
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reproduction;
publishing;
performance;
communication to the public; and
making of an adaptation.
• When a person exercises the rights of a copyright
holder without their consent, or as otherwise
permitted by law, they are said to have infringed
that copyright.
Who owns copyright?
• Under the Copyright Act the default position is
that copyright vests in the originator or author of
the copyright material.
• However, copyright made by an employee ‘in the
course of their employment’ will vest in the
employer.
• Where certain copyright material is
commissioned (e.g. films, paintings and sound
recordings). The commissioning party will own
the copyright.
Who owns copyright? (cont.)
• A copyright holder may also assign their
copyright to another person.
• A copyright holder may grant another party
specified rights in relation to their copyright
material. This is known as a ‘licence.’
Special position of universities
• Universities and other ‘educational institutions’
have a special position under the Copyright Act
and are able to use copyright material under:
▫ Statutory licences (Part VA and Part VB licences);
and
▫ ‘Free Exceptions’ (section 28, section 200(1),
sections 135ZG and 135ZMB, and section 200AB).
Statutory Licences
• Under statutory licences universities pay for the
copying and communication of particular
copyright material for the university’s
educational purposes.
• Where copyright material is covered by a
statutory licence universities do not need to
negotiate licences with the copyright holder.
• Collection agencies collect and distribute
royalties on behalf of copyright holders.
Statutory Licences (cont...)
• Where copyright material falls under a
particular statutory licence, a university cannot
use it under fair dealing.
• Statutory licences do not prevent Universities
and copyright holders from entering into other
arrangements.
• Universities must take all reasonable steps to
ensure that only those who are entitled have
access.
• Copies cannot be sold for a financial profit.
Part VA Licence
• Allows for the communication and copying of
‘broadcasts.’
• Broadcasts include radio and television, wether
it is a free-to-air or subscription service.
• Universities may also copy or stream copyright
material from the internet if that material was
originally a broadcast.
Part VA Licence (Cont...)
• Relevant collecting society is Screenrights.
• Each copy must be labelled and a warning notice
must be displayed in the forms prescribed under
the Copyright Regulations.
Part VA label
Part VA warning
Part VB Licence
• The Part VB licence applies to print and graphic
material encompassing:
▫ artistic works (e.g. maps, drawings, paintings, photos);
▫ dramatic works (e.g. plays, scripts, screenplays);
▫ literary works (e.g. novels, short stories, but NOT computer
programs);
▫ anthologies (e.g. collections of short stories);
▫ periodical publications (e.g. academic journals); and
▫ musical works (e.g. sheet music).
• Relevant collecting society is Copyright Agency
Limited (CAL).
• Special limits apply to the amount which can be
copied.
Part VB Licence (hardcopy original)
• 10% of the number of pages or one chapter;
• all of an item in an anthology, up to 15 pages;
• one article from a journal or more than one
article if they relate to the same subject matter;
• the whole of an artistic work if it illustrates or
accompanies text or music copied, or if it can not
be separately purchased; or
• the whole of a work if that work cannot be
obtained within a reasonable time at an ordinary
commercial price.
Part VB Licence (digital original)
• 10% of the number of words or one chapter;
• one article from a journal or more than one
article if they relate to the same subject matter;
• all of an artistic work;
• 10% of a musical work; or
• the whole of a work if that work cannot be
obtained within a reasonable time at an ordinary
commercial price.
Part VB Licence
• As with the Part VA Licence a warning notice
must be displayed in the form prescribed under
the Copyright Regulations.
COMMONWEALTH OF AUSTRALIA
Copyright Regulation 1969
WARNING
This material has been copied and communicated to you
by or on behalf of Edith Cowan University 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
Part VB Warning Notice
Free Exceptions
• Educational institutions may also (without payment to a copyright
owner):
▫ perform works, play music and screen films in class (section 28, note
that contractual restrictions sometimes imposed at time of hire or
purchase of films);
▫ copy by hand (e.g. on a whiteboard) “in the course of educational
instruction”: (section 200(1)(a));
▫ copy in connection with exams: (section 200(1)(b)); and
▫ copy “insubstantial portions” (>/= 2 pages or 1%) of works in electronic
form or hardcopy: (sections 135ZMB and 135ZG).
▫ ‘Flexible dealing’ in ‘special cases’ and only where no other licence
applies (section 200AB).
• Students may copy certain amounts of particular works for study or
research purposes (section 40). This is referred to as the ‘Fair
Dealing’ provision. This exception does not apply to universities.
Creative Commons
• Creative commons describes itself on its website
as an ‘international nonprofit that offers free
flexible copyright management tools for creative
work.’
• Most important of these tools is CC’s range of
licences under which users may deal with
copyright material without having to pay
royalties or negotiate terms with the copyright
holder or pay royalties.
Creative Commons (Cont...)
• Material produced by the government and
educational sectors is increasingly made
available under Creative Commons licences.
• Using creative commons material for
Creative Commons – Terms of Licence
Summary
• Universities are in a special position in relation to
copyright and can use certain copyright material
under:
▫ Statutory licences; or
▫ ‘Free exceptions.’
• Universities must use copyright material for
educational purposes and must display warnings
and labels.
• Where copyright material is already received subject
to a licence the statutory licence will not apply.
Summary (Cont...)
• Part VA Licence allows for the copying and
communication of ‘broadcasts’ on free to air or
subscription TV or radio – including available online
that was originally a ‘broadcast.’
• Part VB Licence allows for the copying and
communication of limited amounts of print and
graphic works.
• In certain circumstances universities may rely on
‘free exceptions.’ However, only students can rely on
the ‘fair dealing’ provision.
• If in doubt seek legal advice.
Further Information
• ECU copyright website
http://www.ecu.edu.au/GPPS/copyright/
• Australian Copyright Council
http://www.copyright.org.au
• Copyright Agency Limited (CAL)
http://www.copyright.com.au
• Screenrights http://www.screenrights.org
Copyright Officer
• If you have any copyright related queries please
contact the ECU copyright officer by email at
[email protected] or by phone on 6304
2458.
• It is not the role of the copyright officer to
provide advice to students. Students should
contact Constance Wiebrands Manager, Library
Collections and Access by email at
[email protected] or by phone on 6304
3723.