(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 to which the University is a signatory. The 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 of UWS. It contains procedures to inform and support staff, students and other members of the University community in minimising the risk of copyright infringement and encouraging respect for the works of other creators.
(3) This policy should be read in conjunction with the Intellectual Property Policy, IT Acceptable Use of Resources Policy, Email Policy and Web Policy. Refer to the Intellectual Property Policy for information regarding the commercialisation of copyright material.
(4) For the purpose of this policy:
(5) The University of Western Sydney aims to conduct its educational, research and non-commercial activities in a manner that is compliant with the provisions of the Copyright Act, 1968 and other copyright licence agreements currently in force.
(6) 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 infringes copyright.
(7) The University expects its staff, students and other members of its community 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 its educational, research and or non-commercial purposes.
(8) To comply UWS staff and students must:
(9) 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.
(10) The following are the key licences, negotiated between Universities Australia and Copyright Collecting Societies which impact on the use of third party copyright material at UWS:
(11) 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:
(12) Consult the information sheets on the UWS Copyright Website and if required obtain further advice or clarification from the University's Copyright Officer, about your obligations regarding Section 3 and 4.
(13) The procedures to use copyright material in vUWS for educational purposes are set out below. They have been developed with a view to minimising the risk of copyright infringement. Also refer to information sheets placed on the UWS Copyright Website.
(14) The University continues to develop systems to minimise the risk of copyright infringement. A significant part of this risk management strategy has been the development of the UWS Digital Copyright Repository.
(15) The UWS Digital Copyright Repository provides centralised storage for all digitised third party material used for educational purposes and made accessible via vUWS or other password protected UWS web sites.
(16) Third party copyright material listed below must not be directly uploaded to vUWS or be made available generally:
(17) The material listed in Clause 16 must be lodged for placement in the UWS Digital Copyright Repository via the UWS Library's Readings Direct Service. Contact your School's Liaison Librarian for assistance.
(18) For advice or assistance with using third party copyright material in vUWS, contact the University's Copyright Officer.
(19) Surveys of vUWS Unit sites by the University's Copyright Officer will occur several times through the year to determine the level of copyright compliance. External surveys occur every three to four years.
(20) The Part VA Statutory Licence allows the copying and or communication of television, radio, cable and satellite broadcasts for educational purposes.
(21) The Part VA Licence allows the:
(22) The Part VA Licence does not cover the copying, communication and format conversion of commercially hired or purchased films, videos and DVDs. Please contact the University's Copyright Officer for advice on using broadcasts and or commercial audio-visual material.
(23) Section 28 of the Copyright Act, 1968 allows UWS staff to perform (show) broadcasts and commercially purchased DVDs of films and programs during lectures, tutorials and workshops.
(24) Section 28 does not allow the reproduction (copying) of commercial material. Commercial audio-visual material must not be captured in iLectures for delivery to students via podcasts and or placement on vUWS.
(25) Please contact the University's Copyright Officer for advice and assistance with using commercial Audio-Visual material in lectures, workshops and tutorials.
(26) 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).
(27) The music license agreement covers the copying and communication of sound recordings for educational purposes.
(28) An important requirement of the Agreement is that sound recordings placed online via vUWS must be only for listening purposes - downloading is not permitted.
(29) During the life of the music agreement, an annual survey of music placed online will take place during October. Survey and is coordinated by the University's Copyright Officer.
(30) Please contact the University's Copyright Officer for advice and assistance with using the Music Licence.
(31) Written permission must be obtained from the holder of copyright, if the use of materials:
(32) If you directly seek permission from the owner of the copyright, a copy of the written permission to use the material must be forwarded to the University's Copyright Officer.
(33) Contact the University's Copyright Officer if assistance is required in obtaining permission to use material.
(34) 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 website.
(35) UWS is committed to a timely and effective response to complaints, notifications and reports of alleged copyright infringements and will, in accordance with the following procedures, remove or suppress content which is or is claimed be infringing copyright.
(36) UWS may impose a range of appropriate sanctions on individuals and or groups who contravene usage terms as set out in the: IT Acceptable Use of Resources Policy, Email Policy, Intellectual Property Policy, Misconduct - Student Non-Academic Policy, Mobile Telephony Devices Policy and Web Policy.
(37) AMCOS administers authorisations for reproduction of musical works. AMCOS also provides guidelines on usage of print music.
(38) APRA provides licenses for the broadcast of and public performance of copyright music and its transmission to cable service subscribers.
(39) The Australian Copyright Council is an independent, non-profit organisation which offers a variety of publications on copyright matters.
(40) CAL administers the educational copying Part VB statutory licensing scheme.
(41) The Phonographic Performance Company of Australia Limited administers the licensing arrangements with regard to performance and broadcasting rights in sound recordings.
(42) Screenrights administer the Part VA Statutory Licence scheme that allows the copying of TV and radio broadcast for educational purposes.