Compliance Overview

Compliance Framework
Compliance Driver Copyright Act 1968 (Cth)
Classification Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation None
Associated Standards None
Associated Codes None
Associated Information
Return to Top Administrative Information
Administrative Body Attorney-General's Department
Administrative Name
Administrative Address  
Administrative Phone 1300 555 727
02 6141 6666
Administrative Email copyright@ag.gov.au
Administrative Website http://www.ag.gov.au/RightsAndProtections/IntellectualProperty/Pages/default.aspx
Return to Top General Introduction
VC Compliance Delegate Jennifer McDonell, Executive Principal Student Journey
Compliance Coordinator Emma Mckindley, Copyright Specialist
Business Units Impacted
  • Academic Development
  • Accounting
  • Advancement, Communications, and Events Directorate
  • Ag360
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Brand Partnership and Business Development
  • Business Intelligence
  • Business Services
  • Careers & Employability
  • Centre for Agriculture and Law
  • Centre for Animal Research and Teaching
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Client Services
  • Collaborative Research Centres
  • Computational Analytics Software Infomatics
  • Controlled Entities
  • Corporate Communications and Events
  • Cotton Catchment Communities CRC
  • CRC for Beef Genetic Technologies
  • CRC for Spatial Information
  • Curriculum and Academic Management
  • Data Services
  • Digital Education
  • Education Enterprise
  • Education Futures
  • Education Quality Directorate
  • English Language Centre
  • Enterprise Architecture
  • Estate and Built Environment
  • Examinations Office
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Finance Strategy and Business Intelligence
  • Graduate Research School
  • Heritage Futures Research Centre
  • Information Security
  • Infrastructure Services
  • Institute for Rural Futures
  • Integrated Services and Operational Intelligence
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Director Governance and University Secretary
  • Office of the Pro Vice-Chancellor Indigenous
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • Operational Reporting
  • People and Culture
  • Place Based@UNE
  • Poultry Hub
  • Procurement
  • Records, Policy and Governance Unit
  • Research Centres and Institutes
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • SportUNE
  • Strategic Partnerships & Business Development
  • Strategic Projects Group
  • Student Grievance Unit
  • Student Journey
  • Student Pathways
  • Student Services
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • Treasury
  • UNE Archives & Heritage Centre
  • UNE Brand and Marketing
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Life Pty Ltd
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Professional Superannuation Fund Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Vechile Management Services
  • Yarm Gwanga
Overview The Copyright Act 1968 establishes copyright as a type of legal protection for people who express ideas and information in certain forms. The most common forms are writing, visual images, music and moving images. Copyright protects the form or way an idea or information is expressed, not the idea or information itself. There is no system of registration for copyright protection in Australia, as copyright protection is free and automatic. A work is protected automatically from the time it is first written down or recorded in some way, provided it has resulted from its creator's skill and effort and is not simply copied from another work.Copyright protections are protected in most other countries and copyright works from most other countries are protected in Australia. Certain educational institutions and institutions assisting people with a visual or intellectual disability may make multiple copies of works for educational or other specified purposes, or may make special versions of works under statutory licences. Such statutory licences give the copyright owner a right to be paid equitable remuneration through an approved collecting society. Copying may also be done without infringement of copyright when done by libraries and archives for students.

Under the Free Trade Agreement with the United States, Australia agreed to extend the duration of copyright. As a result, the rules now are that copyright generally lasts for the life of the creator plus 70 years, and where duration depends on the year of publication, it lasts 70 years after it is first published.

Compliance Obligations

Return to Top Affiliated Institution
Description As an Affiliated Institution of UNE, UNEP has some rights to use copyright content under the terms of the Statutory Licence and must consult with the Copyright Office if unsure of rights and responsibilities. Rights include using print journal articles and a limited quantity scanned from print books (10 % or one chapter) for access by current enrolled students for up to 12 months.
Impacts Compliance under the Statutory Licence, including copyright warning notice and observing quantity restrictions, is necessary to avoid a breach of licence obligation and risk an increase in the cost of the licence.
Responsible Manager Rebecca Higgins, Senior Manager Library Services
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Library Services
Oversight Committee/Group None
Business Units Impacted
  • Internal Audit
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy Copyright Policy
Procedure None
Guideline None
Other Websites
 
Return to Top Comply with legislation
Description Compliance with legislation
Impacts
Responsible Manager Ben Conyers, Director Library Services and University Librarian
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Library Services
Oversight Committee/Group None
Business Units Impacted
  • Accounting
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Procurement
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Student Grievance Unit
  • Student Journey
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Archives & Heritage Centre
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Copyright Policy
Knowledge Assets and Intellectual Property Policy
Procedure None
Guideline None
Other Websites
 
Return to Top Copyright licences
Description The University has entered into agreements, negotiated by Universities Australia on behalf of Australian universities, with the copyright societies. UNE participates in licence agreements with Copyright Agency (for text and graphic works) and Screenrights (for Broadcast Radio and TV) to manage statutory licence arrangements; and with the music collection agencies for the voluntary Tertiary Music Agreement.
The costs of these licences is calculated annually using onshore EFTSL figures.
Since 2019 these costs are paid centrally from the corporate cost centre.
Impacts Breach of licence obligations, including non-payment of licence costs would result in the University not being able to use third-party copyright for teaching and educational purposes.
Responsible Manager Ben Conyers, Director Library Services and University Librarian
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Library Services
Oversight Committee/Group None
Business Units Impacted
  • Accounting
  • Advancement, Communications, and Events Directorate
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Business Intelligence
  • Centre for Agriculture and Law
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Corporate Communications and Events
  • Education Enterprise
  • Education Quality Directorate
  • English Language Centre
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Heritage Futures Research Centre
  • Institute for Rural Futures
  • Internal Audit
  • Legal Services
  • Library Services
  • Office of Strategy and Management
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Oorala Aboriginal Centre
  • People and Culture
  • Place Based@UNE
  • Procurement
  • Records, Policy and Governance Unit
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Law
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • Student Grievance Unit
  • Student Journey
  • Technology and Digital Services
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
  • UNE Archives & Heritage Centre
  • UNE Business School
  • UNE Council
  • UNE Foundation Limited
  • UNE Foundation Trust
  • UNE International
  • UNE Life Healthcare Centre
  • UNE Marketing
  • UNE Partnerships Pty Ltd
  • UNE Residential System
  • University Secretariat
  • Yarm Gwanga
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Copyright Policy
Procedure None
Guideline None
Other Websites
 
Return to Top Library obligations
Description * Warning notices for section 49, section 50 and Inter-Library loan requests.
* Notices displayed on computers, photocopiers.
* Digitisation signatures are being logged and kept for 4 years.
* RUNE manages theses in accordance with 'Right of Access to Thesis' form and undertakes third party copyright checks
* Alma-D manages copyright compliant access to digitised content
* Reading List is statutory licence compliant and able to report on Statutory use
* Video content copied and communicated in reliance on the Screenrights Licence includes warning notice.
Impacts If practices and processes are not in place to manage these obligations, UNE could risk action from representatives of copyright owners, such as the Copyright Agency or Screenrights.
Responsible Manager Ben Conyers, Director Library Services and University Librarian
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Library Services
Oversight Committee/Group None
Business Units Impacted
  • Library Services
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information
Management Tools
Rule None
Policy Copyright Policy
Procedure None
Guideline None
Other Websites
 
Return to Top Manage third party copyright material in UNE online teaching
Description UNE has obligations under the Statutory Licence with Copyright Agency and Screenrights, and the voluntary Tertiary Music Agreement.

To manage this, the following is required:
* provide required copyright notice for UNE units i) on the web landing page ii) lecture capture and iii) video content
* ensure readings are managed in Reading List and not uploaded into UNE units
* use images only if i ) is for educational purposes and properly referenced; ii) is Creative Commons; or iii) is public domain (out-of-copyright)
* consult Copyright Office or Librarian for matters relating to management of copyright and the copyright licences
* include management of copyright in Teaching and Learning policy and guidelines documents
Impacts Copyright breaches expose UNE to litigation from copyright owners and non-compliance with Statutory requirements.
Responsible Manager Suzanne Crew, Executive Principal Education Futures
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Education Enterprise
Oversight Committee/Group None
Business Units Impacted
  • Education Enterprise
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy Open Access to UNE Research Publications and Data Policy
Procedure None
Guideline None
Other Websites
 
Return to Top Music for third party events in UNE venues
Description Music used in Performing Arts Centres, Concert Halls and Function/Conference Centres when hired out for a third party (non-UNE) event requires licencing from OneMusic Australia.

UNE's Tertiary Music Agreement with OneMusic allows background music to be played in the foyer of University venues for up to 24 events per year.



Impacts Breach of Licence
Responsible Manager Jacqui King, Campus Services Manager
Coordinating Officer Emma Mckindley, Copyright Specialist
Coordinating Unit Estate and Built Environment
Oversight Committee/Group None
Business Units Impacted
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Procedure None
Guideline None
Other Websites