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
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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
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General Introduction
VC Compliance Delegate
Jennifer McDonell, Executive Principal Student Experience
Compliance Coordinator
Emma Mckindley, Copyright Specialist
Business Units Impacted
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
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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
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
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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
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
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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
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
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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
Rebecca Higgins, Senior Manager Library Services
Coordinating Officer
Emma Mckindley, Copyright Specialist
Coordinating Unit
Library Services
Oversight Committee/Group
None
Business Units Impacted
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
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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
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
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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
Compliance Overview