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Copyright

What is copyright?

  • the right to reproduce the work
  • the right to communicate the work
  • the right to control public performance and screenings
  • the right to make adaptations.

Aims of copyright law

  • to reward people who do creative or intellectual work
  • to give incentive to people who create new works
  • to stop people getting an unfair advantage from the work of others.

Material eligible for copyright protection

  • written material
  • computer programs and compilations
  • artistic works
  • musical works 
  • dramatic works
  • films
  • sound recordings.

It does not protect ideas, names, titles or slogans

Copyright protection

  • copyright protection is free and automatic
  • there is no system for registration
  • the absence of the copyright symbol does not mean the work is not protected
  • protection expires 70 years form the date in which the author dies

Moral rights

In addition to the rights under the Copyright Act, authors have the right to:

  • gain identification as the creator
  • object to derogatory treatment
  • take action for false attribution.

Exemptions to exclusive use

Insubstantial portions

  • allows multiple copies
  • not more than 1% of the total pages (or words) if total pages not more than 200, or 2 pages if less than 200
  • applies to literary and dramatic works NOT musical or artistic works
  • no need for record keeping as not part of statutory licences.

Fair dealing - allows free use for purposes of:

  • study or research
  • criticism and review
  • news reporting
  • professional advice
  • for personal use, not institutional use
  • does not allow multiple copying.

Statutory licences

  • Part VB licence - covers all copying and communication of print and graphic work
  • Part VA licence - covers all copying and communication of radio, TV, cable and satellite.

Other exemptions

  • performances in class for teaching purposes
  • statutory licences to assist people with disabilities
  • voluntary licences
  • Insubstantial portions.

The information on this website is intended as a guide for University staff in the use of copyright materials in ways which are compliant with copyright legislation. Statutory licences for the purposes of educational copying are contained in Part VA (Audio Visual Copying and Communication) and Part VB (Print and Graphic Copying) of the Commonwealth Copyright Act 1968

There are very strict rules under which copying can be carried out by staff. Failure to adhere to these rules could result in individual staff members exposing themselves and the University to legal action.

Audio visual copying and communication

USQ operates under a sampling scheme for Audio-Visual Copying and Communication, whereby the amount which the University pays is determined by the number of students. 

Part VA licence allows educational institutions to:

  • copy from radio, TV and satellite broadcasts
  • copy entire programs
  • make compilations for class use
  • make additional copies for educational purposes

The Part VA licence includes a right of communication.  If communicated the Electronic Communication Notice must accompany the communication.

Record keeping and marking requirements - AV material

Each transmission copy must be marked on the case or cover with:

  • name of institution - will normally be made for USQ
  • reference to Part VA of Copyright Act
  • date transmission commenced
  • if the copy was made on a different day, date copy was made
  • must be remarked every 12 months

Preview copies

  • solely for the purpose of review of a radio or TV program
  • 14 day limit for review, after which must be destroyed
  • if retained, the copy must be then marked

Showings and screenings of DVDs, films and sound recordings

  • must take place as part of educational instruction
  • those present must be taking part in that instruction
  • the educational instruction must not be given for profit

Copying AV material not commercially available

  • unless material was taped or recorded, it may not be copied even if not commercially available
  • libraries may make copies if material is lost, stolen, deteriorated, damaged AND not commercially available

The Audio-Visual Copying Guidelines (revised as at 12 September 2001) cover all of these issues in detail.

Failure to follow these guidelines could lead to copyright infringement action.

As a result of an agreement entered into by the USQ in July 2001, staff are no longer required to keep full records of audio-visual copying unless the USQ is being sampled. This is likely to be for a 6 or 12 week period once every 4 or so years. Every staff member will, however, be required to comply with other obligations all year round. 

A flowchart on How Part VA of the Copyright Act Applies is available as a reference.

Record keeping for print and graphic copying

  • The Record Keeping Form (PDF 28 KB) must be used to record all hard-copy and electronic copying/communication done in reliance on Part VB of the Copyright Act.  
  • All departments and faculties should complete and retain these records at all times. 
  • During the sampling periods you will be required to forward the original completed Record Keeping Forms to the legal office for those months included in the sampling period only. 

If you are arranging licensed copies to be made by a central printing or other service outside your department, you must still substantially complete a Record Keeping Form (PDF 28 KB) to accompany your copying request.  The copying facility will finalise the Record Keeping Form by adding the date of copying and number of copies made.

Marking of hardcopy licensed copies

Each licensed copy, or any container in which it is kept, must be marked.  This will require you to:

  • affix a stamp (sample below) to the first page of the copy or the container in which the copy is kept;
  • insert the date on which the copy was made;and
  • circle the section of the Act under which the copy was made.

Sample Stamp:
Made for University of Southern Queensland
under Part VB of the Copyright Act 1968
in reliance on (circle one of the following):
s135ZJ (articles contained in a periodical)
s135ZK (work contained in an anthology)
s135ZL (any other print or graphic copying)
on [date]......../......../........

If you make several licensed copies, each copy must be marked in this way.
If you are copying material for inclusion in a coursepack, and all the works contained in the coursepack are copied under the same section of the Act, one stamp on the front page of the coursepack will be sufficient.  If the coursepack contains works copied under different sections of the Act or a mixture of licensed and non-licensed copies, each licensed copy must be marked individually.

USQ operates under a sample record-keeping notice for Print and graphic copying and as a consequence is required to report all licensed copying to Copyright Agency Limited (CAL) during the sampling periods.  

Part VB licence allows copying and communication for educational purposes within 'reasonable' limits

  • covers all copying/communicating of print and graphic work
  • allows multiple copies

Hardcopy licence

  • paper to paper
  • paper to electronic
  • copies must not be supplied for profit

Electronic reproduction and communication licence

  • digital to digital
  • digital to paper
  • communication in electronic form
  • USQ must take reasonable steps to ensure only entitled persons can access

Copying limits - hardcopy

  • up to 10% or 1 chapter (whichever is greater) of any literary or dramatic work
  • 10% of a musical work
  • all of an artistic work not separately published
  • the whole of any literary, dramatic or musical work not commercially available
  • one article in a periodical, more if on the same subject matter
  • the whole of a work in an anthology not longer than 15 pages

Copying limits - electronic form

  • the same limits apply, however the limits apply to the number of words
  • only 10% of a work may be available online at any one time
  • you must include the prescribed notice (DOC 25KB) with the online material
  • notice must be on each copyright item

Copyright record keeping - hardcopy and electronic

Under the current sampling system all copyright records must be maintained for the following periods:-

1 October 2006 - 31 December 2006 and

1 January 2007 - 31 March 2007

The Record Keeping Form (PDF 28 KB) must be used to record all hard-copy and electronic copying and communicating during these periods done in reliance on Part VB of the Copyright Act (licensed copying). The original completed forms are to be forwarded to the Legal Office at the end of each month during the sampling periods. 

Failure to follow these Guidelines could lead to copyright infringement action.

The Print and Graphic Copying & Communication Guidelines (DOC 80KB) cover the above issues in more detail.

The following flowcharts are available for easy reference: