Copyright Policy

Fact box

  • Policy owner: Chief Information Officer
  • Policy category: Management: IT
  • Policy status: Approved
  • Approval body: Executive Committee
  • Endorsement body: Executive Committee
  • Last amended: 28th June 2016

Purpose

The purpose of this policy is to: outline the proper use of copyright material at Alphacrucis College (AC); outline AC’s approach to compliance with copyright laws; minimise the risks that breach of copyright entails; and outline legitimate use of third party copyright material for educational, research and non-commercial purposes.

Scope

Any person involved in the use of copyrighted material.

Policy

AC, as both a creator and user of copyright material, is committed to ensuring that all staff, students and volunteers meet the legal obligations imposed by the Commonwealth Copyright ACT 1968 (the ACT) and all current copyright licence agreements to which the College is signatory. Details and explanations of reproduction limits are available in the online AC Copyright Guide.

General Principles and Obligations

AC ensures:
  • its educational, research and non-commercial activities are compliant with the provisions of the Act and other copyright licence agreements currently in force;
  • legal use of third party copyright material to enhance its educational and research activities. AC does not condone the use of third party copyright materials that infringe copyright;
  • staff and students comply with all applicable legal requirements pertaining to copyright and take appropriate action to minimise the risk of infringement whenever dealing with third party copyright material, for educational, research and or non-commercial purposes.
AC staff, students and volunteers must:
  • ensure that the use of any third party copyright material at the College for educational, research or non-commercial purposes, complies with the provisions of the Act, the statutory licences and other copyright agreements currently in force;
  • meet the moral rights provisions of the Act;
  • not use AC equipment, facilities and services for purposes that infringe copyright;
  • adhere to the AC Copyright Guide.

Copying under the Statutory Licence

According to the terms of Part VB of the Act, and in compliance with the terms of the remuneration agreement between AC and CAL (Copyright Agency Limited), the College is licenced to carry out single and multiple copying (including digital copying) of some copyright material. The licence also covers administrative copying.

Subject to stipulated reproduction limits, the making of single or multiple print copies of a work is permitted, provided the copy is made by or on behalf of AC for the educational or administrative purposes of AC. The copy may not be sold at a profit.

Copyright and Printed Material

The Act protects most printed material. Copying of print material is allowed under the following four main provisos:

  • Copying done by individuals under the 'fair dealing' provisions of the Act (see sections 40-43 of the Act);
  • Copying done by libraries of items held in their collections or obtained on interlibrary loan for eligible individuals. This copying requires the signing of a declaration form by the requestor (see sections 49 and 50 of the Act);
  • Copying done with the express permission of the owner of copyright. This may involve payment of royalties or fees;
  • Copying under the terms of statutory licences done by educational institutions that are signatories to the Copyright Agency Limited (CAL) agreement.
Digital Copies
 
Staff and students must ensure that when communicating information over the College network, or to third parties outside the College, they have the right or the authority to do so. Staff members are permitted to make digital copies of print material available under Part VB of the Act and the CAL licence, with certain conditions attached. To ensure compliance with these conditions digital copies of material copied under the licence and made available online must only be made available via Web-journals, Liberty, or another repository authorised by the AC Copyright Coordinator. Digitised copyright material that has been copied under the statutory licence may not be made available on publicly accessible web sites.
 
In addition to the reproduction limits, there are conditions attached to the communication of copyright material reproduced in digital form under the Part VB statutory licence. These are:
  • A remuneration notice must be in force.
  • The communication must be made solely for the educational purposes of the College.
  • Each licenced electronic copy and licenced communication must contain the Warning Notice (see below) as prescribed in the Copyright Regulations.
  • The communication may be received or accessed only by people entitled to receive or access it, and not by members of the general public.
  • No more than one reasonable portion of a particular work may be made available online at any one time. This limitation applies across the College, except for copying from periodical publications. In the case of periodicals, the limitation applies to teaching units rather than to the institution as a whole.
  • Material that is copied under the terms of the Part VA statutory licence (generally being material copied off-air from television, cable, satellite or radio broadcasts) must conform to the conditions listed above, excepting the ‘reasonable portion’ limitation. There is no limit placed on the amount of material that may be copied under the Part VA licence.
Central Repository (Liberty and Streamed Lectures)
The central repository for digitised copyright materials required for student course work at AC is Liberty. The Liberty repository is to be administered by the College Library. A second repository may be used for the storage of streamed lectures, which may include foreign copyright content. The Online Campus Director is responsible for the administration of this repository. Additional repositories may be authorised as required.
 
Rights Management Information
Any information relating to the identification of the author, publisher or copyright owner which is on a publication of any type, including audiovisual material, must be preserved when the publication is reproduced by any means, either digitally or in hard copy, or when the publication is repackaged, recovered or otherwise presented. Rights management information may not be removed.
 
Circumvention Devices - Copyright Protection Measures
No member of the AC community is permitted to manufacture, market, advertise, sell, or supply devices intended to circumvent a manufacturer's protection measures on computer software (this is an offence under the Act), unless these acts are done for a permitted purpose. Permitted purposes include security testing, library activities, and activities assisting persons with a disability. Staff, students or volunteers contemplating any activity involving circumvention devices must first check with the AC Copyright Coordinator.
 
Copyright and the Internet
Copyright law applies to all Internet transactions. Apart from any fair dealing for individual use, any material found on the Internet should not be used for any other purpose without a licence or written permission from the copyright owner. A record of any such permission should be kept by the person receiving it, and a copy sent to the AC Copyright Coordinator. It should be noted that under the licence with the Copyright Agency Limited, it is possible to digitise materials for use for the teaching and administrative purposes of AC. The guidelines for such uses are not the same as for print copying.
 
Copyright Payments and Income
AC recognises the remuneration rights of a number of collecting societies, allowing the reproduction of copyright material under the terms of the statutory licences. Additionally, there is a range of licence agreements that the Departments and Faculties have entered into for the use of copyright material (for example, the AC Library has a number of licence agreements in place for access to electronic journals). These agreements are contracts and the College has an obligation to abide by the terms of these contracts. Equally, the College is itself a producer of copyright material that is capable of generating income.
 
College copyright agreements are to be administered by the AC Copyright Coordinator and all costs are to be met by the Copyright account. Where an agreement is entered into by a Department or Faculty then it is expected that the AC Copyright Coordinator is to be consulted, but costs associated with the agreement are to be met by the Department or Faculty. Income generated by the use of copyright material is to be dealt with in accordance with and subject to the terms of the Intellectual Property Policy and Procedures. Notwithstanding the above, the CAL Publisher Payment is to be treated as central income derived from items published by AC. This income is to be retained by the Copyright account. Departments, Faculties or individual members of staff (where that member is the originator of the material) may apply for their share of the publisher payment, subject to those charges detailed at section 7 of Statute Number 18.
 

Responsible for implementation

Chief Information Officer

Key stakeholders

All staff and students


Procedures

Copyright Infringement Procedures

Infringing Material and Take Down Notices
The procedures for dealing with infringing material and Take Down Notices are guided by the AVCC’s resource paper of December 2004, ‘College IT Systems: Managing Liability for Transmitting, Caching, Hosting, and Linking to Copyright Material’, and the Copyright Act, 1968.
Where a copyright owner (which includes an exclusive licencee) believes that an infringement of copyright has occurred then the copyright owner, or an authorised representative, may issue a ‘Take Down Notice’ to the College. The AC Copyright Coordinator receives notices in relation to copyright. The Take Down Notice must be:
  • completed and signed by the copyright owner or the agent of the copyright owner;
  • contain information reasonably sufficient to permit the College to contact the copyright owner or the agent of the copyright owner;
  • on the appropriate form (Copyright Observation Forms) or substantially in a relevant form prescribed in the Copyright Regulations 1969; and
  • directed and sent to the AC Copyright Coordinator.
When the AC Copyright Coordinator receives a Take Down Notice which is in accordance with this policy, the College will, except where such action may significantly and detrimentally affect students of the College, expeditiously remove or disable access to the copyright material which is the subject of the Notice prior to assessing its position and deciding whether to challenge the Notice.
 
The AC Copyright Coordinator is to initiate the process required to determine whether proceedings, including disciplinary procedures or other application of sanctions, should be undertaken. The AC Copyright Coordinator will as soon as practicable after removing or disabling access to the copyright material, send to the relevant user:
  • a copy of the notice of claimed infringement;
  • a notice stating that the copyright material has been removed, or access to it disabled (or the relevant action that has been taken); and
  • a notice stating that the user may within 3 months after receiving the copy of the notice of claimed infringement issue a counter-notice (which is described in more detail below) to the AC Copyright Coordinator.
Where material is removed or access disabled, in response to a Take Down Notice or the like, the AC Copyright Coordinator is to determine whether a copy of the files in question is retained.
The College reserves the right to dispute any Take Down Notice on any available ground, including that the copyright owner has not established to the College's satisfaction that:
  • the copyright owner (rather than the College or an employee of the College or some other person) is an owner or exclusive licencee of any relevant copyright in relation to the alleged infringing material; or
  • the alleged infringing material has been reproduced or communicated or otherwise used or dealt with by an authorised user in any way which infringes any relevant copyright. For example, where the material was reproduced under the terms of an express or statutory licence, or a fair dealing or other exception under the Act, then this would constitute grounds for disputing a Take Down Notice.
Where a dispute occurs, the AC Copyright Coordinator is to ensure that the copyright owner is notified and that the terms of the dispute are outlined fully. If a dispute relating to a Take Down Notice cannot be resolved by discussion and negotiation between the relevant copyright owner and the College then the College should keep an appropriate record of its position by advising the copyright owner in writing of the terms of the dispute and should in any case retain a preservation copy of the files the subject of the dispute.
 
Counter-notice
If a user receives a copy of a notice of claimed infringement from the College, the user may issue a counter-notice to the AC Copyright Coordinatordisputing the claims set out in the notice.
A ‘Counter-notice’ must be:
  • completed and signed by the user or the user’s representative;
  • substantially in a relevant form prescribed in the Copyright Regulations 1969; and
  • directed and sent to the AC Copyright Coordinator within 3 months after the user receives the copy of the notice of claimed infringement.
If the College receives a counter-notice from a user in response to a notice of claimed infringement, the College must, as soon as practicable after receiving the counter-notice, send to the copyright owner or agent who issued the notice of claimed infringement:
  • a copy of the counter-notice; and
  • a notice stating that if the owner or agent does not, within 10 working days after the date the notice was sent, bring an action seeking a court order to restrain the activity that is claimed to be infringing, the College will restore, or enable access to, the copyright material on its system or network.
Action Where Infringing Material is Identified by the College
Where the College becomes aware of facts or circumstances that make it apparent, other than by means of a Take Down Notice, that it is (or is likely that it is) hosting, linking or providing services in connection with infringing reproductions or communications of, or other dealings in, copyright material by authorised users, then the College will take all steps that it would take under its take down procedure if it had received a Take Down Notice from a relevant copyright owner in connection with the same activity.
 
Licences and Remuneration Agreements
The AC Copyright Coordinator is responsible for the coordination and administration of College copyright policies and procedures ensuring the College’s compliance with legislative and contractual requirements. Any income that might be derived from the use of College copyright material must be in compliance with the relevant College policies.
 
Sample Surveys
The AC Copyright Coordinator is responsible for the coordination of periodic sampling surveys, as required, under the terms of the Remuneration Agreements.
 
Ownership of Copyright in Internally Produced Material
Ownership of copyright in material produced by members of the AC community is to be guided by the terms of the College’s Intellectual Property policies. Notwithstanding the terms of the College’s Intellectual Property policies, material will often be produced collaboratively between staff, for example, or with financial assistance from private, commercial, or government bodies. Such cases may leave ownership open to interpretation and legal advice may be required. Where there is likely to be a question in the future regarding the issue of copyright ownership, then it is advisable to record, in writing, the terms of ownership that all parties agree to. As a general rule, the originator of the material will retain ownership unless she/he assigns this ownership to another party.
 
Penalties and Disciplinary Procedures
Members of the AC community are bound by the terms of the Copyright Act and are subject to Commonwealth and State law in relation to the use of copyright material. Members are also subject to the provisions of several College policies detailing the appropriate use of copyright material, Intellectual Property, and College facilities, including computing and networking facilities, at the College. Penalties for breach of copyright include the termination of a member’s access to the College facilities, including computing and networking facilities at the College. The decision making process for disciplinary action is to be in accordance with the terms of the various Misconduct Policies of the College. The investigative process for suspected copyright infringement can be initiated by the AC Copyright Coordinator who can be contacted by any member of the College community for advice on suspected infringement. Where the AC Copyright Coordinator assesses an infringement has occurred that may require disciplinary action then the investigation report and any recommendation for further action is to be passed to the Chief Information Officer, for consideration.