(1) Western Sydney University, as both a creator and user of copyright content, is committed to ensuring that all staff and students meet the legal and compliance obligations imposed by the Copyright Act, 1968 and all current copyright licence agreements which the University is a signatory to.
(2) This policy explains the University's expectations regarding the use of third party copyright content for educational, research and non-commercial purposes. It contains procedures and guidelines to inform and support staff, students and other members of the University community in minimising the risk of copyright infringement.
(3) Australian Copyright Law is contained in the Copyright Act 1968.
(4) Australian Copyright Law is affected by court decisions, Government reviews, International Treaties and Free Trade Agreements.
(6) For the purpose of this policy the following definitions apply:
(7) The University aims to conduct its educational, learning, research and non-commercial activities in a manner that is compliant with the provisions of the Copyright Act, 1968 (the Act) and other copyright licence agreements currently in force.
(8) The University respects copyright law, the rights of copyright holders and the obligations of content users under Australian Copyright Law, and in other jurisdictions where the University delivers educational programs.
(9) The University encourages and supports the legal use of third party copyright content, either in digital, electronic or print format to enhance its educational, research and non-commercial activities.
(10) Staff and students must comply with all applicable legal requirements and obligations pertaining to copyright.
(11) The University will respond to internal copyright issues and external notifications of alleged copyright infringement.
(12) University staff must comply with the licenses, negotiated between Universities Australia and Copyright Collecting Societies:
(13) University staff and students must ensure that the risk of copyright infringement is minimised by:
(14) The University adopts an educative approach to copyright through the provision of support services and materials that inform practice for both staff and students.
(15) The procedures to use third party copyright content in vUWS for educational and instructional purposes are set out in the Copyright webpages posted on the University Library's web site.
(16) The procedures are designed to assist staff to use third party copyright content which are covered by:
(17) These procedures are designed to also assist staff when:
(18) The Part VB Statutory Licence is known as the CAL Licence. The Copyright Agency appointed by the Australian Government manages the Licence, and negotiates with Universities Australia about the details of the Licence to reproduce and communicate text and artistic works.
(19) The University Library provides centralized storage for all Part VB scanned book and print journal readings required to be accessed by students via vUWS during a session.
(20) Content listed below must be lodged for placement in the University Library's Readings Direct Service:
(21) Artistic works from print, electronic and Internet sources can be used in PowerPoints, Lecture Notes, Learning Guides and other Learning Resources. Artistic works are paintings, sculptures, graphics, cartoons, etchings, lithographs, photos, images, drawings, plans, maps, diagrams, charts, models of buildings and illustrations.
(22) Artistic works must be appropriately attributed if their source is known.
(23) Files containing artistic works must have the Statutory Part VB Electronic Copyright Notice attached at the beginning of the file or as a Gateway to content.
(24) No Part VB content must be uploaded on external Digital Platforms and Services.
(25) Printed Course Readers containing book chapters, articles, images, lecture notes and other printed learning content, are governed by the Part VB Statutory Licence.
(26) The limits for copying imposed by the licence are:
(27) The Part VA Statutory Licence is known as the Screenrights Licence. The collecting agency Screenrights appointed by the Australian Government manages the Licence, and negotiates with Universities Australia about the details of the Licence.
(28) The Part VA Statutory Licence allows recording of copies of anything broadcast on radio or television, including cable TV and then conversion into Digital files for educational purposes.
(29) Broadcasts made available on the Broadcaster's web site such as broadcasts posted by the ABC, SBS, Channels 7, 9, 10 and Cable TV Channels to their web sites can be copied and communicated for the educational purposes of the University via vUWS.
(30) Part VA content can be uploaded directly to vUWS.
(31) Copies of broadcasts can be shown and captured in lectures or tutorials, and can be uploaded directly to vUWS with the Statutory Part VA Electronic Copyright Notice placed at the beginning of the content.
(32) Broadcasts can be recorded or pre-recorded.
(33) Compilations of Broadcasts can be made.
(34) Part VA Broadcasts are available via the Library and can be copied and communicated.
(35) Part VA content must not be stored in digital platforms external to the University e.g. YouTube.
(36) Universities Australia has entered into an agreement with the following music societies, Australasian Mechanical Copyright Owners Society (AMCOS), Australasian Performing Right Association Ltd. (APRA), Australian Record Industry Association (ARIA), and Phonographic Performance Company of Australia (PPCA).
(37) The music licence agreement covers the copying and communication of sound recordings for educational purposes.
(38) Using sound recordings in vUWS require a Music Copyright notice and appropriate attribution.
(39) Section 28 allows the showing (the performance) of Copyright content including Broadcast Content, Commercial and Borrowed Films and DVDs in lectures, tutorials, workshops, seminars and other University spaces for educational instruction.
(40) Section 28 also allows the showing of copyright content via live streaming to enrolled students.
(41) Section 28 does not allow the copying of commercially purchased and hired audio-visual material.
(42) The Flexible Dealing Exception, Section 200AB, allows universities to make limited use of copyright content for educational instruction.
(43) Section 200AB can be used for downloaded video clips, reformatting Video cassettes and other copyright content.
(44) A proposed use of copyright content would be a "flexible dealing" under s200AB if the use of content:
(45) Copyrighted Content that can be pre-recorded or recorded during a lecture:
(46) The University can copy or communicate a literary or dramatic work for the purpose of assisting a person with print accessibility requirements.
(47) Part VB, Copyright Act provides a special Statutory Licence that allows institutions to copy and communicate material to assist a person with print accessibility requirements.
(48) Podcasts made for the educational purposes of the University must be placed in vUWS if the podcasts contain:
(49) Content that can be used in designing podcasts for students are:
(50) Podcasts for students containing Part VA, Part VB, Section 200AB and the Commercial Music Licence content must only be posted and made available for enrolled students studying the content via vUWS or on a password protected University webpage.
(51) A Combined Copyright Notice must be placed at the beginning of the podcast content.
(52) Such podcasts must not be posted to, made available from and stored in Digital Platforms and Services not owned by the University.
(53) This content can be used in designing publicly available podcasts for YouTube or other similar Digital Platforms and Services:
(54) Podcasts for students containing Part VA, Part VB, Section 200AB and the Commercial Music Licence content must only be posted and made available for enrolled students studying the content via vUWS or a secure password protected University webpage.
(55) Audio-Visual content includes broadcasts, sound recordings, films, video and Commercial DVDs that shows moving images with or without sound.
(56) The Internet contains a significant amount of audio-content in a variety of styles and formats.
(57) Under Section 200AB, you may be able to use content from Commercial DVDs.
(58) A Fair Use Exception does not apply in Australian copyright law and must not be used to copy and communicate copyrighted content for educational purposes.
(59) Fair Dealing exceptions apply in Australian Copyright Law
(60) The Copyright Act provides that copying a reasonable portion of a work for the purposes of research or study, criticism or review, news reporting or parody and satire will be a fair dealing.
(61) The fair dealing exception does not apply to the making of multiple copies of content by the University for students required in a course of study. Making multiple copies for students is governed by the Part VA Statutory Licence, Part VB Statutory Licence, Commercial Music Licence and other licenced content.
(62) Audio-Visual Item means a sound recording, a film, a sound broadcast or a television broadcast.
(63) The University respects the Moral Rights of authors and creators.
(64) The University encourages all staff and students to be mindful and respectful of the Moral Rights of authors and creators.
(65) Moral Rights are legal obligations contained in the Australian Copyright Act to attribute authors and to treat their works respectfully.
(66) Moral rights are:
(67) Moral rights are separate from copyright and unlike copyright, cannot be waived, sold, assigned or licensed or transferred. They remain with the author even where the copyright has been sold or passed to a third party.
(68) When using third party copyright content, it is important for staff and students to:
(69) Copyright infringement may arise when using, designing or in making copyright content available to students in vUWS or publicly available via other University web sites or external Digital Platforms and Services, such as YouTube and similar sites.
(70) The University will respond quickly to internal copyright issues and external notifications of alleged copyright infringement.
(71) Internal copyright infringement issues in vUWS and on other University webpages will be dealt with as follows:
(72) External individuals or organisations that believe content available on the University's digital platforms and services may constitute a copyright infringement of their work or the work of others should notify the University by sending an email to email@example.com.
(73) The notification must contain sufficient information to:
(74) The University Copyright Officer will deal with External notifications of infringement in a confidential and timely manner, and will refer the matter to Senior Staff if the matter cannot be resolved in a timely manner.
(75) Copyright Notices must be placed at the beginning of Part VA, Part VB, Commercial Music Licence and Section 200 AB content, when posting such content to vUWS and other password protected University digital platforms for University students.
(76) Podcasts and other teaching/learning resources which use Part VA, Part VB, Commercial Music Licence and Section 200 AB content, must contain the appropriate copyright notice and attribution.
(77) Students are required to see the Notice before accessing content.
(78) Copyright notices are available on the Copyright webpages of the Library's website.
(79) These guidelines are designed to assist staff to use third party copyright content which is not governed by the main Statutory Licences, Part VA and Part VB, the Commercial Music Licence, Section 28 and Section 200AB of the Copyright Act.
(80) The copyright guidelines cover using:
(81) There is a variety of content that can be used freely in educational contexts.
(82) This content can be Creative Commons contents, Open Educational content no known copyright restrictions content, and content where the terms and conditions indicate it can be used freely and redistributed.
(83) Creative Commons' content can be used freely and may potentially be modified for educational and instructional purposes including videos, podcasts and teaching/learning resources for educational or instructional purposes.
(84) Each Creative Commons Licence will specify the kind of attribution and uses that can be made of their content.
(85) When using Creative Commons content, a URL to the Creative Commons Licence used must be provided.
(86) Open Educational Resources are:
(87) "No Known Copyright Restrictions" may indicate that:
It is important to note that in some cases content can be free of copyright restrictions in one jurisdiction but not free of copyright restrictions elsewhere.
(88) In posting content to external digital platforms and services it is advisable to use only:
(89) Part VA, Part VB, Commercial Music Licence and Section 200AB content must never be posted to Social Media web sites.
(90) In designing Open Educational Courses it is advisable to use only:
(91) Part VA, Part VB, Commercial Music Licence and Section 200AB content must never be used in designing Open Educational Courses.
(92) Further information is available on the Copyright webpages of the Library's website.