'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:
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:
* unlicensed third party copyright material is any copyright protected material that is not governed by an agreement between the copyright owner and the user
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:
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:
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).)
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:
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.
A Copyright Warning Notice should always be included on the first or second page of a PowerPoint presentation that contains any third party copyright material.
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.
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.
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.
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:
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:
Information on placing resources in the Reserve Collection can be found here: Guidelines for Academic Staff
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.
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.