(1) The University of Western Sydney (UWS), as both a creator and user of copyright material, is committed to ensuring that all staff and students meet the legal obligations imposed by the Copyright Act, 1968 and all current copyright licence agreements which the University is a signatory to. This policy provides a framework for which all staff and students can make legitimate use of third party copyright material for educational, research and non-commercial purposes.
(2) This policy explains the University's expectations regarding the use of third party copyright material 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) Recording lectures provides the University with the ability to store learning resources and enables learners to access these resources at some time in the future. Copyright is a significant consideration when the University records lectures.
(5) For the purpose of this Copyright policy and for the purpose of recording lectures:
(6) UWS aims to conduct its educational, 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.
(7) The University encourages and supports the legal use of third party copyright material to enhance its educational and research activities. The University does not condone the use of third party copyright materials that infringe copyright
(8) The University expects its staff and students to comply with all applicable legal requirements pertaining to copyright and to take appropriate action to minimise the risk of infringement whenever dealing with third party copyright material, for educational, research and or non-commercial purposes
(9) To comply, UWS staff and students must:
(10) In addition to the general obligations outlined above, UWS staff and community must comply with a number of key licences and provisions of the Copyright Act, 1968 (the Act).
(11) The following are the key licenses, negotiated between Universities Australia and Copyright Collecting Societies which staff must comply with when using third party copyright material at UWS:
(12) The following are other key provisions of the Copyright Act, 1968, which impose obligations that impact on the use of third party copyright material at UWS:
(13) Please Note: Australian Copyright Law does not have the concept of Fair Use, as in US Copyright Law.
(14) Consult the UWS Copyright Guide 2013 for further advice or seek clarification from the University's Copyright Officer about any copyright matters.
(15) Breaches of this policy may be addressed through disciplinary procedures as detailed in the applicable employment agreements for staff, or the relevant misconduct policy for students.
(16) The procedures to use third party copyright materials in vUWS for educational purposes are briefly set out below and contained in the UWS Copyright Guide 2013. They have been developed with a view to minimising the risk of copyright infringement.
(17) The University continues to develop systems to minimize the risk of copyright infringement. A significant part of this risk management strategy has been the development of the UWS Library's Readings Direct Service. Refer to the UWS Copyright Guide.
(18) The UWS Library's Readings Direct Service provides centralized storage for all digitized readings required to be accessed by students, via vUWS during a Semester.
Please note lecture notes and learning resources with or without graphics, URLs to Websites and their associated material can be uploaded directly to vUWS.
(19) Material listed below must not be uploaded directly to vUWS or be made available generally:
(20) The materials listed in in the above clause must be lodged for placement in the UWS Library's Readings Direct Service. Contact your School's Librarian or Readings Direct for assistance.
(21) For advice with using readings in vUWS, contact the University's Copyright Officer.
(22) Surveys of vUWS Unit sites by the University's Copyright Officer will occur occasionally through the year to determine the level of copyright compliance. External surveys occur every three to four years.
(23) The Part VA Statutory Licence allows the copying and or communication of television, radio, cable and satellite broadcasts for educational purposes.
(24) Copies of broadcasts can be shown and captured in lectures or tutorials, and can be uploaded directly to vUWS with the Appropriate Part VA Electronic Copyright Notice:
(25) 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).
(26) The music licence agreement covers the copying and communication of sound recordings for educational purposes.
(27) Copies of sound recordings can be shown and captured in lectures or tutorials, and can be uploaded directly to vUWS with the Appropriate Music Licence Electronic Copyright Notice.
(28) Please refer to the UWS Copyright Guide 2013, for advice on material that can be captured when recording lectures or pre-recording lectures.
(29) Open Access is the provision of freely available content that can be used freely in University Teaching and Research without the payment of fees, navigating paywalls and copyright restrictions.
(30) When designing Blended Learning Resources, MOOCS and other educational resources for a wider public audience, it is best to use Material that is freely available for sharing and distribution via Open Education Resources, Open Access Repositories and Material that is licensed under a Creative Commons Licence or similar licence.
(31) When designing Blended Learning Resources and other resources for UWS staff and students, it is best to use a variety of material that can be used under the Educational Licenses, which is available via the Library and Open Access content freely available on the Web.
(32) Open Access is an important consideration when publishing Scholarly articles based on publicly funded research.
(33) It is important to be aware of Australian Funder Mandates regarding Open Access.
(34) The UWS Institutional Repository is the central digital repository of UWS Research outputs.
(35) It is important to consider the implications of the publisher's Copyright Transfer Agreement when publishing a scholarly work. SPARC has some useful information on the rights of authors.
(36) If permission is obtained to use third party copyright material from the copyright owner, this material can be uploaded directly to vUWS.
(37) The role of the UWS Designated Representative is to receive notifications and notices from third parties in relation to alleged copyright infringement. Details of the Designated Representative and an Infringing Copyright Material Notice are located on the University's Web Site
(38) Consult the UWS Copyright Guide 2013 for Guidelines or seek clarification from the University's Copyright Officer about any copyright matters.
(39) Guidelines concerning other Copyright Matters will be added to the UWS Copyright Guide as required.