(1) This Policy outlines how staff and student can comply with the provisions of the Copyright Act 1968 (the Act). It has the objective of reducing the University community’s exposure to risk, through compliance with statutory, commercial, and open licences. (2) This Policy applies to all UOW staff, students, and persons employed by controlled entities in Australia only. (3) This Policy replaces all previous Copyright Policies. (4) The scope of this Policy is limited to specifying responsibilities and procedures regarding: (5) This Policy does not cover first party copyright material. First party copyright material is covered by the IP Intellectual Property Policy. (6) Information about copyright basics is available on the library website and includes: (7) All staff and students must ensure that they understand and comply with the legal restrictions and obligations regarding the use of third party copyright material. (8) All staff must read and understand relevant information provided on UOW's copyright website. (9) Subject Coordinators are responsible for the copyright compliance of all third party copyright material supplied to students enrolled in their subject. (10) All students must read and understand relevant information provided on UOW's copyright website. Students are entirely responsible for any copyright infringement resulting directly or indirectly from their own actions. (11) The Copyright and Digitisation Officer will address compliance risks in the first instance. (12) UOW disciplinary procedures may be applied where staff or students fail to comply with this Policy or the Copyright Act 1968. (13) Copyright law applies to online teaching materials, as well as print material. (14) Online resources should not copied without: (15) Making copies of digital material is covered by the Act and the statutory education licence, and copies must only be made available via the Library’s Subject Readings facility. (16) Digitised copyright material must not be made available on publicly accessible websites, as this could constitute a breach of the statutory licence, and thus infringe the rights of the copyright owner. (17) Where it is possible and appropriate, staff must supply all unlicensed third party copyright material to students via Subject Readings. (18) Subject Coordinators must implement procedures to ensure that all supplementary material supplied to students is copyright compliant. (19) The Copyright and Digitisation Officer may conduct copyright compliance checks of the procedures used by the Subject Coordinator to achieve copyright compliance. (20) Student material is generally protected by copyright. Consequently, if staff members need to use a student's work, staff members must ensure that they keep adequate documentary proof that they have the student's permission. (21) The Copyright and Digitisation Officer may seek authority from the Chief Operating Officer and Vice-President Operations to audit the following for compliance with copyright law, UOW Copyright Policy, and/or licence agreements, including: (22) The Copyright and Digitisation Officer may conduct an audit without notice after providing the auditee with a copy of an authority to conduct the audit. (23) Staff must provide all reasonable assistance and cooperation in complying with the audit. (24) The auditee will be provided with an opportunity to have their comments (if any) included in the audit report. (25) If the auditee fails to satisfactorily implement the recommendations contained within the audit report, the matter will be formally raised with the Senior Executive via the Director, Library Services.Copyright Policy
Section 1 - Purpose of Policy
Section 2 - Application and Scope - Exclusions or Special Conditions
Section 3 - Information
Top of PageSection 4 - Roles and Responsibilities
Section 5 - Non-Compliance Procedures
Section 6 - Making Material Available Online
Section 7 - Supplementary Material
Section 8 - Using Student Material
Section 9 - Copyright Audits
Section 10 - Definitions
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Word/Term
Definition (with examples if required)
Acknowledgement
The practice of respecting, referencing and giving credit to the words, ideas, designs, interpretations and influences of others.
First party copyright material
Any material created by UOW staff as part of their employment, or by students as part of their study, in which copyright has not been transferred or exclusively licensed to a third party.
Licensed third party copyright material
Any copyright protected material for which the terms of use are governed by licence, or any other form of agreement.
Licensed third party copyright material does not include material copied in reliance upon s113p of the Copyright Act 1968 (that is, material copied for teaching purposes in reliance upon statutory license).
Staff
All persons appointed by the University as academic or professional services staff regardless of their level of seniority and regardless of whether holding full-time, part-time, or limited-term appointments, including conjoint appointments. For the purposes of this Policy, it also includes all persons engaged by the University as casual employees.
Supplementary material
Includes any third party copyright material supplied to staff or students independently of Subject Readings. Generally speaking, "supplementary material" includes ad hoc materials supplied to students via emails and class handouts, and material loaded directly to Student Learning Platforms.
Third party copyright material
Any material where the rights belong to someone else, such as images of artworks, or extracts of text.
Unlicensed third party copyright material
Any copyright protected material not governed by an agreement between the copyright owner and the user. Consequently, allowable uses are determined by the Copyright Act 1968.
The term "unlicensed third party copyright material" includes material copied in reliance upon s113p of the Copyright Act 1968 (that is, material copied for teaching purposes in reliance upon statutory licence).
Use
Includes the following acts: copying; communicating (electronically transmitting); adapting; publishing; performing in public; causing to be seen or heard in public; entering into a commercial rental arrangement; rebroadcasting; or any other copyright as defined by law.