Copyright

Copyright Complaints and Takedown Procedure

The following Copyright Complaints and Takedown Procedure (the Procedure) is to be followed when the University receives notice or is made aware of suspected copyright breaches. A suspected breach may involve noncompliance with for example, the University’s obligations under statutory and other licences relating to the copying of printed texts or audio-visual broadcast materials, or the performance of copyright music. Other cases of suspected copyright infringement may involve the inappropriate use of UTAS ICT facilities and infrastructure (e.g., the illicit downloading of copyright audio-visual material from the Internet, use of copyright software outside the University’s licence provisions). This procedure provides a clear reporting structure, supports the University’s compliance framework and allows the for the application of the Safe Harbour provisions under Part 6 of the Copyright Regulations 2017 (Cth) (the Regulations).

The Procedure applies to all members of the University Community and anyone exercising an exclusive right of a Third Party Copyright holder on behalf of or in connection with the University.

This procedure was last updated August 2019 and is authorised under the University's Copyright Policy


Procedure

Definitions

Please visit the Copyright Policy for definitions that apply to this procedure.

Alleged copyright breaches

The most common ways the University may become aware of suspected copyright breaches are:

  • Upon receipt of notification by third parties claiming ownership of copyright material hosted or made available by or on behalf of the University;
  • Internal or external audit of the University’s ICT Facilities and Infrastructure; or
  • A report or complaint lodged by a University Community member.

Allegations of research misconduct

Complaints that include suspected or alleged breaches of the Australian Code for the Responsible Conduct of Research or research misconduct will be referred to the designated person under the Managing Potential Breaches of Responsible Research Conduct Procedure for assessment and investigation in accordance with that Procedure.

Appointment of a Designated Representative

To rely on the Safe Harbour provisions the University must designate a responsible officer to be its representative (Designated Representative) to send and receive notices under this Procedure. The current Designated Representative’s contact information will be made available on the University’s Copyright Contact web page.

Takedown Notices

When a takedown notice is received by the University

When a takedown notice in the Prescribed Form is received the Designated Representative must:

  • Notify the Chief Information Officer and General Counsel with the details of the alleged infringement;
  • Immediately organise expeditious removal of or disable access to (take-down); the copyright material specified in the notice that resides on the University’s system or network;

As soon as practicable after removing/disabling access to the copyright material, the Designated Representative must send the user who uploaded the content:

  • A copy of the take-down notice received by the University; and
  • A notice stating:
    • that the copyright material has been removed or access to it disabled; and
    • that the user may, within 3 months, give a counter-notice to the university disputing the claims in the take-down notice.
When a counter-notice is received

As soon as practicable after receiving a counter-notice that complies with the foregoing paragraph, the Designated Representative must send to the copyright owner (or person who issued the take-down notice):

  • a copy of the counter-notice; and

a notice stating that if the copyright owner (or authorised agent) does not, within 10 business days after the notice was sent, bring an action to restrain the activity that is claimed to be infringing, the University must restore, or enable access to the copyright material on its system.

Takedown Notices concerning Links

Upon the receipt of a notice in the prescribed format the University must expeditiously remove or disable access to the link specified in the notice.

Notices concerning Cached Copyright Material

The University will expeditiously remove or disable access to Cached Copyright Material residing on its systems or network if the University receives notification in the Prescribed Form from a rightsholder that the material has been removed, or access has been disabled, at the originating site.

Removing or disabling access to copyright material without having received a takedown notice

If the University does not receive a takedown notice as described above then it must remove or disable access to copyright material residing on its Systems if it becomes aware that the material is infringing, or facts or circumstances make it apparent that the material is likely to be infringing.

As soon as practicable after removing or disabling access to the copyright material the University must send the user who uploaded the content a notice stating:

  • that the copyright material has been removed or access to it disabled; and
  • the grounds for removing or disabling access to the copyright material; and
  • that the user may, within 3 months, give a counter-notice to the University disputing the claims in the take-down notice and requesting the university to restore or enable access to the content.
When a counter-notice is received

If the University receives a counter-notice, and on the basis of information contained in that notice is satisfied that the copyright material is not, or is not likely to be infringing, the University must as soon as practicable after receiving the counter notice restore or enable access to the content.

Internal reporting of alleged copyright breaches

Members of the University Community have an obligation to report suspected or potential compliance failures to their line manager/supervisor or the relevant Organisational Unit Head. Where a suspected copyright breach does not involve a breach of the ICT Security Policy it must be reported to either:

  • the Organisational Unit Head under whose authority and control the suspected copyright breach took place; or
  • the University Copyright Officer.

Where the Organisational Unit Head has an actual or perceived conflict of interest in relation to a particular matter, reports may be made directly to the University Copyright Officer.

Actions in relation to the allegedly infringing materials

Upon receiving a report of an alleged copyright breach the Organisational Unit Head must work in cooperation with the Copyright Officer to investigate and respond to the incident in relation to the allegedly infringing materials. The Organisational Unit Head must also notify the Designated Representative if it is considered likely that the suspected copyright breach did in fact involve the use of University Systems or Networks.

Action by the Organisational Unit Head or Copyright Officer may include a direction:

  • to remove, confiscate, take down, or destroy the copyright material in question; or
  • for the copyright material not to be used by the University for any purpose.

An Organisational Unit Head shall notify the Copyright Officer of any remedial action undertaken in relation to noncompliance involving a copyright matter. Similarly, the Copyright Officer shall notify the relevant Organisational Unit Head of any remedial action undertaken in relation to a copyright matter.

Actions regarding an individual’s alleged breach of the Copyright Policy

Any member of the University Community who is the subject of an allegation of breach of the Copyright Policy will be promptly notified of the allegations made against them, given a reasonable opportunity to respond before a decision is made in relation to the allegation and will otherwise be afforded procedural fairness.

Any allegations of academic integrity breach, under-performance, or misconduct against an individual member of the University Community must be dealt with in accordance with relevant Rules, Policy and Ordinance or other relevant instruments including where applicable:

  • For Staff: the University of Tasmania Staff Agreement; or
  • For Students: Ordinance 9 – Student Academic Integrity or Ordinance 21- Student Behaviour and Conduct.

Responsibilities

The responsibilities of the Copyright Officer are provided in the Copyright Policy. Further to those provisions the Copyright Officer is authorised to follow up all instances of alleged copyright infringement to ensure appropriate investigation and remedial action is undertaken. If an Organisational Unit head does not within 10 working days provide adequate notification as to the status of an investigation or it is deemed that remedial action is not adequate, the Copyright Officer may notify the Vice Chancellor to have the matter addressed.