Copyright

Students and Copyright Infringement Notices

Frequently Asked Questions for Students

University of Tasmania response to Copyright Infringement Notices

***THIS PAGE IS CURRENTLY UNDER REVIEW***

Copyright is infringed when someone (other than the copyright owner) exercises any of the exclusive rights of the owner without their permission and no other exceptions apply. Copyright infringement is quite often a civil matter, however there are circumstances where copyright infringement is regarded as a criminal offence.

Penalties in relation to infringement are usually 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 uploading material on the internet.

I have received a notice from the University under Ordinance 9 ; how does the notice of copyright infringement relate to the notice I have received from the University?

They are two separate notices.

The copyright notice is from, or sent on behalf of, the company which says it is the copyright owner. The company claiming to be the copyright owner has asked the University to pass-on the notice of copyright infringement to the relevant account user.

Ordinance 9 is the University's Student Integrity Ordinance. The notice you have received from the University is likely to relate to an alleged breach by you of its ICT Services and Facilities Use Policy, which may include downloading copyright materials without the permission of the owner or licensee.

Does the University provide my details to a company claiming to be the copyright owner if it receives a copyright infringement notice?

How does the University of Tasmania respond to copyright infringement notices?

All copyright infringement notices are taken seriously and given due consideration.

Copyright notices are checked against University records to ascertain the relevant account. If you have received a notice from the University under the student discipline ordinance, Ordinance 9, then more detail regarding this process has been provided to you in the ICT Security Incident Report.

The University generally responds to the company claiming to be the copyright owner advising that the allegation has been received and will be dealt with in accordance with University policy.

Do I need to respond to the notice of copyright infringement from the company claiming to be the copyright owner?

Does the University provide any legal advice or other assistance to students who have allegedly infringed another person’s copyright?

How do I report unauthorised uses of my account at the University?

Am I allowed to use peer-to-peer services such as BitTorrent at the University?

You may use peer-to-peer services at the University where access is made available by the University, however it must be used legally, for non-commercial purposes and otherwise in accordance with the ICT Services and Facilities Use Policy. The University facilities must not be used to download materials which infringe another person's copyright. Content likely to be protected by copyright includes films, television shows, music and books.

Use of University facilities in breach of the ICT Services and Facilities Use Policy will result in disciplinary action.

Students are advised to exercise caution in managing downloads to ensure they are not inadvertently making personal use of University facilities that falls outside the limited personal uses allowed in the ICT Services and Facilities Use Policy, for example, a commercial use. Students should be aware that protocols such as BitTorrent often commence downloading on start-up unless this function is disabled.