Copyright: Basic Principles
Copyright is a bundle of rights which automatically
protect the efforts of creators and prevent the unauthorised use
of a creator’s original work. The Copyright Act 1968 protects
two broad categories of subject matter: 'works' and what is termed
‘subject matter other than works’. The works category
includes literary works, dramatic works, musical works and artistic
works. Subject matter other than works includes sound recordings,
cinematographic films, television and radio broadcasts. Computer
software is protected as a literary work. For a work to receive
copyright protection it must be 'original' and it must be 'reduced
to material form'. Originality in a copyright sense means that the
author has used some skill, ingenuity and labour in making the work
(the thought or idea embodied in the work need not be novel or new).
To be protected by copyright subject matter must also be expressed
in a material form, that is, written down or tangibly recorded in
some other way. The thoughts or ideas contained in the work are
not protected themselves, it is the expression of these
ideas in a tangible form that is protected.
Rights of Copyright Owners
Copyright Owners have the right to copy, publish, communicate (make available on-line) and publicly perform their copyright work. These are known as ‘economic rights’ and may be sold or licenced. They are complimented by ‘moral rights’, which require attribution of authorship (referencing) and a respect for the integrity of the work - an author or artist can object if their work is used in a way that damages their reputation.
Infringement of Copyright
Copyright is infringed when someone other than the copyright owner exercises any of the exclusive rights of the owner without their permission. An owner or entity acting for the owner can bring an action against the person or institution who/which has infringed. Even though copyright infringement is almost always a civil rather than a criminal matter, there are circumstances where copyright infringement is regarded as a criminal offence, and fines or even jail can be applicable.
The widespread use of the internet has made intentional and unintentional breaches more prevalent. The internet also opens up the possibility of action being taken against Australians in foreign courts or in Australian courts by overseas copyright owners. Costs are invariably high in any copyright litigation, but the penalties imposed are greatest where the economic impact of the breach is significant. This is often the case when files are electronically communicated to many others, such as through file sharing or posting material on the internet. Music piracy on the internet is currently a major focus of action by the recording industry. Therefore, it is imperative that University of Tasmania staff and students do not:
- Copy copyright music or video recordings - unless
recorded off air for an educational purpose in accordance with
a statutory licence or copied with the copyright owners permission.
- Make copyright works available on computers accessible online, unless permissions have been obtained.
- Exceed the limits in the Copyright Act for copying published material.
- Alter works in a way that might damage the creator’s reputation.
- Fail to fully attribute the source of the published work of others.
- Seek to profit from the copying and sale of another’s published work.
- Use university equipment for illegal copying.
Duration of Copyright
The duration of copyright (since Jan 1, 2005) in Australia is, in most cases, the life of the author plus 70 years. This period appplies even if the author is not the copyright owner. However, there are some exceptions to this rule. Works not published during an author's lifetime have a duration of 70 years from the end of the year of the first publication. Broadcasts and made after 1 May 1969 (no protection prior to this date) and government owned copyright works have a duration of 50 years from the end of year they were made. The copyright in the typograpical arrangement of a work in a published edition (publishers copyright) is 25 years from the end of year of its first publication. For a more detailed information about the duration of copyright see:
Duration of Copyright (new rules)
Works in the Public Domain
Some material may contain more than one type of subject matter that is protected by copyright. For example, a film might consist of images, music, and script, all with differing authors and therefore varying copyright expiry dates.
Using Recorded Music
Students may copy and use commercially recorded music for an examination that is part of a course of study at the University provided the use is within the limits allowed under the fair dealing exceptions in the Copyright Act. Staff may use, copy and stream (in a password protected environment) commercially recorded music for the educational purposes of the University under the provisions of a special licence held by the University. Neither staff nor students may copy music onto University equipment for any other purpose. There is a common misconception that it is now permissable to convert CDs to music files through programs such as iTunes without restriction. This is not the case. This 'format shifting' exception only applies to copying such as CDs you legally own onto devices such as MP3 players that you also own. The University conducts periodic audits of equipment and computer systems for music files. Using University equipment to store or share music files illegally constitutes misconduct under University legislation as well as being an infringement under the Copyright Act.
Moral Rights
Australia has recently introduced 'moral rights' for authors. These rights cover non-economic aspects of authorship and were introduced to comply with obligations under international copyright treaties. There are two main moral rights: the right of attribution and the right of integrity. The right of attribution requires that, whenever a work is reporoduced it must be attributed to the author. It also means that works cannot be falsely attributed to an author. The right of integrity requires that works are not modified, distorted or altered in any way that predjudices the author's reputation or professional standing. Moral rights last for the life of the author plus 70 years, except in the case of film directors where their rights are limited to their lifetime. Moral rights cannot be assigned or sold.
Copying by students for research and study
Copying material for the purpose of research or study is not an infringment if the copying can be defined as 'fair dealing'. To be considered fair dealing the copying must be for 'research or study' and not exceed certain limits. These limits are for print material :
- less than 10% of the pages or one chapter (whichever is the greater) of a published work in hardcopy
- or less than 10% of the words of a published work in electronic form
- or one article in a periodical, or more than one if they deal with the same subject matter.
in determining whether the copying is a fair dealing a court is also directed to consider for all material (print and non-print):
- the purpose and character of the dealing;
- the nature of the item;
- the possibility of obtaining the item within a reasonable time at an ordinary commercial price
- the effect of the dealing upon the potential market for, or value of, the item
and the amount and substantiality of the part copied or communicated in relation to the whole item.
Copying by staff for research & study, criticism & review, and examinations
Like students, staff can copy material without infringing copyright if the copying satisfies the fair dealing test of copying for 'research and study' or 'criticism or review'. The sort of fair dealing academic staff might undertake includes copying material for preparing an article or book chapter, or part of an academic's general reading to maintain current awareness in his or her field. A communication between two academics for the purpose of joint research will most likely also satisfy the test.
In practice very few instances of communication for academic staff will fall within this purpose, most copying by academic staff will be by way of statutory licence (see copying for teaching purposes below). However, some teaching functions, such as preparation of new courses, or copying of an article or other material for an individual student, could also fall within the test. But multiple copying for distribution or other use in teaching will not usually be considered to be "for the purpose of research or study".
Literary, dramatic, musical and artistic works are able to be copied
without infringement as part of a question to be answered in an
examination, or in an answer to such a question. There are no quantity
restrictions but you need to acknowledge the source. This exception
applies to copies only, not communications.
Copying by staff for teaching purposes
The University of Tasmania participates in two statuory licencing schemes allowing staff to copy copyright material for teaching purposes without permission of the copyright owner and without payment. The first licence is known as the Part VA license (this refers to the section of the copyright act establishing the licencing regime - ie part 5A) and this covers the copying of broadcasts. The second is the Part VB (5B) license and this covers print and graphic material. The University pays Screenrights (the collecting society for AV copyright owners) for the the first license and the Copyright Agency Limited (CAL - the collecting agency for print copyright owners) for the second license. There are a number of conditions attached to these licenses including:
- Copying is for the teaching and research purposes of the University
- Copying limits are observed
- The University participates in a survey process to determine extent of use
- Materials communicated electronically are only accessible by staff and students through a system requiring authentication
- Materials communicated electronically have appropriate copyright notices displayed before the material is accessed
- Audio-visual materials are marked appropriately
A separate, more detailed Copying for Teaching Purposes is available in PDF form on the Staff page of this website (authentication required).
Need assistance with Copyright?
Contact the Copyright Officer on ext 2228
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