Information Services@ANU
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Information Services@ANU
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Frequently Asked Questions - CopyrightInformation Provided by the AVCC(Access for ANU Staff and Students Only) You can view the entire AVCC Frequently Asked Questions document, or choose from the selected topics below:
Additional FAQs
Can I make electronic copies of material/Can I communicate electronic material? Yes. Electronic copying and communication of material is covered by the agreement with CAL. To copy or communicate under the CAL licence, the copy or communication must be made by or on behalf of the University, and it must be made solely for the educational purposes of the University or another educational institution. The educational purposes of the University include:
Each licensed electronic copy and licensed communication must contain a
prominently displayed notice that appears either before or at the same time as
the material being communicated appears on the screen. This copying is also subject to strict limits. Further information can be found in the information sheet on Print and Digital Copying. Can I download and reproduce material from the web? Yes. This is also covered under the agreement with CAL. Material downloaded from the web can only be copied within prescribed limits. Can I use any material if it is for educational purposes? Copying for educational purposes can only be done under the provisions of a licence, under fair dealing or under insubstantial portions exemptions provided for in the Copyright Act 1968. Licence: If copying under a University licence, there are prescribed limits on the amounts that can be copied. Fair dealing: Fair dealing provisions allow free use of some copyright works for specific purposes. Fair dealing only applies to:
Insubstantial portions: Multiple copies of an insubstantial portion of a literary or dramatic work can be made for free in certain circumstances. The copying must be carried out on the premises of the University for the purposes of a course of education provided by it. In the case of a work in hard copy form, the exception does not apply to the making of a copy of more than two of the pages of a work in an edition of a work unless:
In the case of a work which is in electronic form, this exception does not apply if more than 1% of the total number of words is copied. A further limitation is that a period of 14 days must elapse before a person relying on this provision can seek to copy any other part of the same work in reliance on it. The insubstantial portion exception does not apply to artistic or musical works. The copying of cartoons (and possibly graphs), as well as sheet music, will therefore fall outside the exemption. You should be aware that copying of the whole of a work will never fit within the insubstantial portion exemption. Accordingly, copies of an entire article in a periodical publication, or the entire text of a pamphlet, cannot fall within the exemption. Section 135ZG of the Act does not require that copying done pursuant to the section include an acknowledgement of source. However, in any infringement action brought with respect to that copying, the University will be better placed if it can substantiate the availability of the defence or exception. This will be a question of proof, which will be made difficult if the source of the copying is not clear. It may be that as a matter of internal practice any copying for which the exemption is to be claimed should include a reference to its source. An insubstantial portion of a work can also be communicated without the need for payment. The communication must be carried out on the premises of an educational institution for the purposes of a course of study provided by it. The exception does not apply to the communication of more than 1% of the total number of words in the work. Two further limitations apply:
Can I make graphic works available on-line? Yes. Graphic works (diagrams, pictures, photographs) can be copied and communicated in reliance on the University's Part VB licence with CAL, including being made available on-line. However, they must contain the prescribed electronic notice (and access must be restricted to staff and students of the University only). The notice must appear either before or at the same time as the material appears on screen. It does not, however, have to be across the image. The prescribed limits do not apply to graphic material. Can I make a chapter of a book available on-line? Yes. Print material can be copied and communicated under the Part VB licence with CAL, provided that access is restricted and it contains an electronic notice in the prescribed form that appears either before or at the same time as the material is communicated. Limits apply to print works which means that there must be no more than one chapter or 10 per cent of a work made available on-line across the University. The University is in the process of putting in place mechanisms to enable monitoring and compliance with this requirement. What if I want to make multiple diagrams from the same book or paper available? The answer to this question depends on whether the graphic works are being copied with or without the text they appear with in the work. If the graphics are in a work and you are not copying the text, they are classed as artistic works. This means that the 10 per cent limit does not apply and you can copy as many graphics from the work as you require provided that they have not been separately published. If they have been separately published, you must make relevant investigations to ensure that they cannot be purchased within a reasonable time at an ordinary commercial price in the same format as that you wish to use. However, if the artistic work being copied is in electronic form and the copy you are making available is from the electronic form, you can copy and communicate the work in reliance on the licence without the need to inquire whether it is available for purchase. If you are copying the graphics with the text, this is classed as an incidental artistic work and can be copied, subject to the 10 per cent limit, without the need to make further inquiries about is being separately published or available for purchase. There are two aspects here - a copy and a communication. Both can be done under the educational licence with CAL, however, access must be restricted to staff and students of the University, or another Australian University that has an agreement in place with CAL. In addition, an electronic notice in the prescribed form must appear either before or at the same time as the material is communicated. The question of whether the copying and communication can be done in reliance on the fair dealing provisions is uncertain. One of the key determinants for fair dealing is the effect such copying and communication has upon the potential market. You need to ask whether any of the people to whom you are communicating the article would have purchased it themselves had you not provided it to them. If you answer yes then the dealing is not fair within the meaning of the Act. Further, it is unlikely that you would be able to rely on the fair dealing provisions to communicate the material to people outside the University. The new amendments indicate that restricting access is a fundamental part of copyright protection. Although the situation is unclear at this stage as it has not been tested in court, our advice at this stage is that it is better to take the safer course and not communicate the material to people outside of the University and that any copying and communicating for internal people is done in reliance on the licence. There is no problem linking to the paper on the web site unless there is a copyright notice specifically prohibiting such a practice. If there is no such notice and you are going to link to the site, sufficient acknowledgement of the host's webpage should be given - i.e. identify to the user before linking who's page they are going to. With regard to the copying of the paper, there are limits that apply (in general 10 per cent of the total work). This means that if you wanted to copy the paper rather than link to it, you would only be able to copy 10 per cent of the work. In addition, because of the changes brought in by the Digital Agenda amendments to the Copyright Act, there are two further requirements. The first is that access must be restricted only to those who should have access (i.e. staff and students of the University). The second is that the 10 per cent limit applies across the university as a whole. This means that if some other part of the work has been made available on line by another area of the university, you cannot make the part you wish available until the other part has been taken down. |