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Copyright for Staff

A guide to assist Bond University staff maximise the creation and use of print, online and audiovisual materials while meeting copyright obligations.

Electronic copying and communication

Background

'Electronic copying and communication' is also known as the Electronic Use Scheme, the CA Licence and the Part VB Licence

Part VB of the Copyright Act contains a statutory licensing scheme for the copying and communication of print and graphic works by universities for educational purposes.

This page is concerned with electronic copying and communication only and covers copying from either hardcopy (print or paper) or electronic (digital or internet) form, and communicating it, or making it available, electronically. 

How this section of the licence may be applied:

  • Links to teaching resources in electronic journals, links to web pages and links to 10% or one chapter of a book are placed in iLearn for students to access (see Subject Resources guidelines page)
  • Material from journals, books and web pages is compiled and sent out to students on a CD
  • Articles from journals are emailed to students in a particular unit

There are several conditions for this to be done according to the Licence. These are listed in dot points here and covered in more detail below:

  • The 'reasonable portion' guidelines must be observed
  • Only one portion of a work may be available at one time, regardless of intended audience. This university-wide restriction applies to all text and graphic works, with the exception of journal articles.
  • Online access to the material should be restricted to Bond University staff and students only
  • Details of ‘unlicensed third party copyright material’* that is copied and communicated to students online/electronically needs to berecorded centrally via Library Services
  • Compliance checks may be conducted by the University Copyright Officer
  • Warning notices must appear with all digital reproductions of the material
  • The source must be appropriatedly referenced
  • Materials (eg CDs) may be sold on a cost recovery basis only

* unlicensed third party copyright material is any copyright protected material that is not governed by an agreement between the copyright owner and the user

Limits on the amount that can be copied and communicated

The amount of a particular item that can be copied and/or communicated in the electronic environment (i.e. a 'reasonable portion') depends on the format of the original material.

When copying from hard-copy (print or paper) to electronic (digital) form - for example to scan a chapter of a book or a journal article into digital form - the following limits apply:

  • Articles contained in a periodical publication: the whole or part of one article can be copied.  Two or more articles contained in the same periodical publication can be copied if they are for the same research or course of study.
  • Literary or dramatic work contained in a published anthology, and comprising not more than 15 pages of the anthology, the whole or part of that work can be copied. An example would be an essay contained in an edited collection of essays.
  • All other copying of literary, dramatic and musical works, a "reasonable portion" of the work can be copied. Where a literary, dramatic or musical work which is published as a published edition (for example, a book or play) is copied, then provided no more than 10 per cent of the pages in the edition, or one chapter is copied, the amount will be taken to be a "reasonable portion." More than a "reasonable portion" can be copied if the person doing or requesting the copying is satisfied, after reasonable investigation, that copies (other than second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.
  • Artistic works and images which are embedded in text for the purpose of explaining or illustrating the literary work (incidental artistic works), can be copied along with the text following the guidelines of reasonable porions applicable there. Artistic works (other than incidental artistic works) that are in hardcopy form can be copied without further inquiry provided you are sure that they have not been separately published. If an artistic work in hardcopy has been separately published, it can only be copied if the person who makes the copies or causes them to be made has satisfied himself or herself, after reasonable investigation, that copies (other than second hand copies) cannot be purchased within a reasonable time at an ordinary commercial price.

If the work being copied or communicated is already in electronic form - for example an electronic journal article or a page from the internet that you are emailing, or making available online, to your students - the following limits apply:

  • Articles contained in a periodical publication: the whole or part of one article can be copied.  Two or more articles contained in the same periodical publication can be copied if they are for the same research or course of study.
  • Literary or dramatic work contained in an electronically published anthology which is paginated, and comprising not more than 15 pages of the anthology, the whole or part of that work can be copied.
  • Musical works: 10 per cent of the work (unless the work has been separately published and the person who makes the reproduction is satisfied, after reasonable investigation, that the work is not available in electronic form within a reasonable time at an ordinary commercial price).
  • Artistic works: If the image or artistic work you wish to copy is available in electronic form, and the copy you are making is from the electronic form, you can copy or communicate the work in reliance on the Part VB licence without the need to inquire into whether it is available for purchase. Incidental artistic works can be copied without the need to make the inquiries discussed above.
  • A "reasonable portion" of literary or dramatic works can be copied. The Act deems that where an electronic copy of a literary or dramatic work which is published as a published edition (for example, a book or play) is copied, then provided no more than 10 per cent of the words in the edition, or, if the work is divided into chapters, one chapter, is copied, the amount will be taken to be a "reasonable portion."If you take more than that, it generally will not be a "reasonable portion",unless the person doing or requesting the copying is satisfied, after reasonable investigation, that copies (other than second-hand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price.

    There are no limits to the amount which can be copied in reliance on Part VB if the material is out of print. It is also permissible to copy more than 10 percent of a work if the person who is doing the copying is satisfied, after reasonable investigation, that the work is not available within a reasonable time at an ordinary commercial price ­ s 135ZL(2). (If the work being copied is in electronic form, the test is whether the work is unavailable in electronic form within a reasonable time at an ordinary commercial price­ s 135ZMD (2).) 

Licensed third party copyright material

Links to Licensed third party copyright material such as journal articles in Library subscription databases for placement in iLearn can be provided by Library Services. Terms of use are governed by the relevant licence or other type of agreement.

As part of its Course Reserve service, the Library provides direct links to these materials as well as to free web resources.  Contact your Faculty Librarian or use the Subject Materials Request Form.

 

Non third party copyright material

Non third-party copyright material is material for which Bond University or a Bond University staff member holds the copyright. Digitisation and electronic communication of this material does not need to be centralised and details do not need to be recorded in the DRR. Such material would include:

  • answer sheets
  • exam papers
  • other unpublished material

Copyright material within lecture notes or presentation slides

The details of the source of any third party copyright material used in digital lecture notes or PowerPoint slides must be recorded, even if the amount is insubstantial (less than 1% of total words/pages). This includes extracts of text, images, artistic works, photographs, pictures, etc. During a sampling period, the Copyright Agency Ltd (CAL) will require CD copies of lecture notes/PowerPoint slides so that they can be examined for copyright material for the purposes of remuneration of copyright owners. It is therefore essential that sources are properly acknowledged for this as well as for reasons of Moral Rights.

Copyright Warning Notice should always be included on the first or second page of a PowerPoint presentation that contains any third party copyright material.

Warning Notices

Each licensed communication must contain the following, prominently displayed, notice:

This notice must be prominently displayed on each electronic copy made in reliance on Part VB and whenever a copyright work is communicated (i.e made available on-line or electronically transmitted by email) in reliance on Part VB. It must appear either before or at the same time as the material being communicated appears on the screen.

Campus wide restrictions

An important limitation on the communication of works is that if a university wishes to make available online a reasonable portion of a work (other than an article contained in a periodical publication) it can only do so if no other part of the same work continues to be made available at the same time. In other words, if the Faculty of Business has copied a chapter of a book, and made this available online, no other faculty in the University can make another part of the same work available online in reliance on the Part VB licence until this first part is taken down. Failure to comply with this limit will result in loss of the licence for the second (and subsequent) portions of a work made available online.

Access restrictions

It is a requirement of the Part VB licence that the University take "all reasonable steps" to ensure that material electronically communicated in reliance on the licence can be received or accessed only by people entitled to receive or access it, eg staff and students of the University. Copyright works made available online in reliance on Part VB must not be available for access by the general public.

Unlicensed 3rd party copyright material

Under the Universities Australia/CAL Agreement concerning Part VB of the Copyright Act, the University has an obligation to record details of unlicensed third party copyright material that is copied and communicated to students online/electronically and also to ensure ongoing copyright compliance.

The University can be given notice that it will be monitored over a given period in terms of the Electronic Use System (EUS) and will be required to provide specified data to the monitoring body acting on behalf of CAL during a monitoring period.

The Library is responsible for the Digital Resources Register (DRR) which is a database for managing digital copyright compliance according to the EUS.

The items recorded in the DRR database are Part VB unlicensed third party copyright materials that need to be made available to students. These are mainly digitised items that have been scanned from an original hardcopy format and include:

  • book extracts or chapters
  • journal articles

All unlicensed third party copyright material copied and communicated to Bond students online/electronically must be processed centrally via the Library’s Digital Resources Register. In order to comply with the EUS requirements, material may not be electronicallycopied and communicated to students elsewhere in the University (for example via a subject web page, iLearn subject site) without being recorded in the DRR and being deemed copyright compliant. The purpose of the DRR is to:

  • record details of copyright digitised items
  • provide reporting on bibliographic and other data in accordance with the AVCC/CAL Part VB Agreement via the EUS monitoring body
  • provide a register to ensure ongoing copyright compliance
  • provide a repository for digitised items to be accessed via the Library Catalogue or via links in Blackboard or a subject web page. Authentication by Bond University staff and students is required to access these items.

Information on placing resources in the Reserve Collection can be found here: Guidelines for Academic Staff

Referencing

Under Moral Rights laws, but also because it is good academic practice - all references need to be properly sourced.

Cost recovery

If any teaching material (eg Course Packs) produced in reliance on Part VB are sold to students, the cost needs to be calculated on a cost recovery basis only.

Compliance checks

The University Copyright Officer, the University Librarian, and the Copyright Manager may conduct copyright compliance checks of any unlicensed third party copyright material made available online.