Copyright is a bundle of rights given by law to the creator of a work for a period of time. It is designed to encourage creation by giving the copyright owner the right to control how their work is used and to derive an income from it. Australian copyright law is contained in the Copyright Act 1968.
Copyright protects all original works that are recorded in a material form, including both print and electronic material. It does not protect ideas. Copyright applies automatically as soon as something is recorded in material form, it does not need to be registered or published.
The Copyright Act divides material into categories of works and subject matters other than works, these are:
Works |
Subject matter other than works |
Literary works e.g.: Books, journal articles, short stories, poems, manuals, song lyrics, tables or compilations expressed in words, figures, symbols, computer programs, newspaper articles, reports, sets of instructions, any practical or information lists. |
Films e.g.: |
Dramatic works e.g.: Plays, television, radio and film scripts, scenarios and other works intended to be performed such as choreographic notations, even where the work does not include spoken words e.g. mime, dance. |
Sound recordings e.g.: In any format, e.g. mp3, CDs, vinyl records, cassette tapes. Sound Recordings include both recorded music as well as recorded words and sounds. |
Musical works e.g.: Written or notated music including musical scores for opera, operetta, orchestral, ensemble, band and other musical performances as well as music for songs, jingles and incidental music. |
Broadcasts e.g.: Television and radio programs. This is separate to the copyright in the films, music and other material which is transmitted. |
Artistic works e.g.: Paintings, drawings, photographs, engravings, sculptures, a work of artistic craftmanship, maps, cartoons, architectural plans. |
Published editions e.g.: Copyright in the typographical layout of a published edition of a literary, dramatic, musical or artistic work (but NOT the underlying work itself). |
It can be difficult determining who owns copyright in a work but these are some general things to consider:
Whilst copyright protects the rights of the copyright owner, it also seeks to promote the free flow and exchange of information by providing a number of exceptions for the use of copyright material. The context of the situation will determine if you can use the material and how you can use it. Almost all of the exceptions will have some conditions and limitations so it is important that you look at the details to determine if they allow for your intended use.
Flinders University staff and students can use material if:
Moral rights are additional to the exclusive rights (e.g. publishing, copying) and are given to creators of works and films, and performers of live and recorded performances. These rights are defined in the Copyright Act but are separate to the rights of the copyright owner. Unlike copyright, moral rights cannot be given away (e.g. licensed or assigned) and only apply to individuals (e.g. not corporations or governments).
The three moral rights are
In practice this means you must correctly attribute or credit the source of any material that you use and not treat it in a derogatory way. If you fail to cite the source, incorrectly cite it to someone else, or treat it in a way which is prejudicial to the honour or reputation of the author or performer then you have likely infringed their moral rights.
The Copyright Amendment (Disability Access and Other Measures) Act came into effect on the 22 December 2017 and introduced two new exceptions for access by persons with a disability:
These simplified exceptions ensure more equitable access to copyright material for persons with a disability and replace the disability provisions in the educational statutory license (Part VA & VB) and the special case exception (200AB).
A person with a disability is defined as a anyone who suffers from a disability that results in them experiencing difficulty in reading, viewing, hearing or comprehending copyright material in a particular form.
Copyright material may be used for the purpose of providing an accessible version to a person with a disability. This provision can be relied on by the person with a disability, or a person acting on their behalf.
The dealing must still be deemed to be fair with regard to the following four factor test:
It could cover such acts as making an electronic copy of a physical text which can be read by screenreader software, or adding captions to an audio-visual work.
This exception allows the University to make accessible format copies of material for the sole purpose of assisting a person with a disability. This can only be relied on if the material is not commercially available in the format required.
The plaza and screen may be booked for events. It is the responsibility of the organisers of events that they comply with copyright and acquire any required licenses.
The following information is provided to help you determine when it is okay to use copyright material in the plaza and when you will need to obtain a license. Please contact the copyright officer if you have any questions.
Screening films in the plaza is considered to be a public performance, this is an exclusive right of the copyright owner. You will need to obtain a non-theatrical public performance license from the distributor in Australia before the film can be screened.
The two main distributors of film in Australia are Roadshow PPL and Amalgamated Movies. The National Film and Sound Archive also offer a range of screening loans with a non-theatrical license.
The distributors can supply you with a copy of the film to screen or you may use your own copy after obtained a non-theatrical license. If you intend to use your own copy it must be legitimate, e.g. not an infringing copy downloaded from the internet. The license conditions of subscription services, such as Netflix and Stan, generally prohibit public performance.
You would usually also need a separate license for the music featured in films however the University already holds the necessary public performance licenses which covers music from the super screen.
You must have the permission of the copyright owner to display images on the screen. This includes images used as part of digital signage and presentations. The majority of online images are copyright*, even when they don't contain a copyright statement. However there are also many images available online now which are realised under Creative Commons licenses, these allow you to use the images in certain ways without asking for permission. You must still abide by the license conditions such as attributing the creator or only using the image for non-commercial purposes if specified. Use CC Search to find Creative Commons images.
If you wish to use an image of a copyright artwork* you generally need to obtain a license. Viscopy is the main visual arts collecting society in Australia that can provide a license.
*images and artworks where the creator died before 1955 are in the public domain and do not require a license
The University holds multiple licenses which cover the majority of uses of music in the plaza. We hold a license for playing music from the super screen, this covers uses such as music which is included in films or television. We are also party to the Universities music license which allows us to play live or recorded music at free University events. A university event is defined as being authorised by the University and should include most events organised by staff.
You will need to obtain separate music licenses if you plan to charge for your event. This would include a license from APRA to cover the copyright in the musical composition and a license from PPCA to cover the copyright in the sound recording.
Screening live television, including films, is permitted. The includes free to air television and Foxtel for which the University holds a license. The license conditions of catch up television services, such as ABC iView and SBS On Demand, generally prohibit public performance.
You would usually also need a separate license for the music featured in television however the University already holds the necessary public performance licenses which covers music from the super screen.
Screening YouTube videos on the super screen would constitute a public performance and would therefore require the permission of the copyright owner. Videos which are realised under a Creative Commons license would be permitted to be played as long as the license conditions are followed, e.g. attribution is provided. According to YouTube's terms of service videos are only allowed to be played directly from YouTube or from their embeddable player unless a download option is explicitly available.
Copyright ownership is different from the physical ownership of a work. You may own a physical work but the copyright owner maintains a range of exclusive rights. These vary depending on the category of the copyright material but in general the copyright owner has the exclusive right to:
The Copyright Act also grants additional moral rights.
The duration of copyright generally lasts the life of the creator, plus 70 years after their death. This can vary depending on the type of material, the copyright owner, and its publication status. When copyright expires in a work it cannot be renewed and the work is considered to be in the public domain.
Copyright terms were amended under the Copyright Amendment (Disability Access and Other Measures) Act 2017. This came into effect 1 January 2019. Please refer to the Department of Communications and the Arts website for a comprehensive overview of copyright terms.
Insubstantial portions can be reproduced without needing the permission of the copyright owner. The use of insubstanital portions are not restricted to a particular purpose however it is important to be aware that substantiality refers not just to the quantity of the portion but also to quality. This means that even if a portion is small if it is key or central to the work then it is likely to be considered substantial. For example a chorus of a song or a well known line from a movie may be considered substantial despite being a small portion of the overall work.
You must attribute the creator of the work even when using an insubstantial portion. This is a moral right.
If you wish to use more than an insubstantial portion of a work, depending on the purpose, you may be able to rely on one of the other exceptions in the Copyright Act. If no exceptions are available you can seek permission from the copyright owner.
200AB in the Copyright Act allows for the use of copyright materials without the copyright owners permission in special cases. This provision can only be used if no other exception applies. Cost recovery is permitted, but no commercial advantage may be obtained.
200AB applies to the following circumstances. It can be used by or on behalf of a:
In addition, the use must comply with the following three-step test:
Material copied under this section must display the required copyright warning notice.
The use of 200AB needs to be assessed on a case by case basis. If you wish to use this provision please contact the copyright officer.
There are limited private use provisions in the Copyright Act. These provisions include time shifting television or radio programs, space shifting sound recording, and format shifting other types of material. These provisions allow material to be copied in full.
The following conditions must be adhered to for all format and shape shifting.
Format shifting books, newspaper or periodical publications, photographs or films
The format shifting provisions apply to specific materials. Assuming the above conditions are meet they allow you to:
These provisions only allow for one copy to be made and the format must be different from the original, i.e. hardcopy to electronic or vice versa. For example, you can scan a hardcopy photograph into an electronic format but you cannot then print copies of the photograph.
You may record a television or radio program for you, and your family or household, to view or listen to at a later time.
This includes pay television programs as long as you have a current paid subscription to the service. Recordings may be made in any format.
The intention of the provision is to allow you to view or listen to the broadcast at a more convenient time, it does not allow you to keep the recording indefinitely for continued use. In addition you must not sell, hire, trade, give away, communicate, perform in public, or broadcast the recording.
If you use, or authorise someone else to use, copyright material in a way that is an exclusive right of the copyright owner or in a way that is not covered by one of the exceptions outlined above then you have infringed copyright. It is an offence under Australian law to infringe copyright and penalties may apply.
Flinders University requires that all staff and students are aware of their responsibilities relating to copyright and to ensure that they do not infringe copyright. The University takes any infringement of the copyright seriously.
If you are unsure if your intended use of material will infringe copyright please contact the copyright librarian.
Sturt Rd, Bedford Park
South Australia 5042
Ph: 1300 354 633 (Select 3)
Email: library@flinders.edu.au
CRICOS Provider: 00114A
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