Copyright Guide

Use of Computer Facilities at CDU | Tertiary Music Licence | 2006 Copyright Amendments | Private Copying | TV & Radio Programs

Use of Computer Facilities at CDU

The purpose of this guide is to remind all users of the Charles Darwin University computer systems and servers that copyright laws do apply to all forms of media including music and moving images.

Express Permission

Unless you have Express Permission from the copyright holders (authors, musicians, artist, recording company) or a licence agreement in place in the case of staff, it is a breach of copyright to duplicate (copy) any music or moving imagery that does not belong to you.

For example unless you have the copyright holder’s permission

(note: MP3's are used only as an example, this applies to all media regardless of the file type)

These restrictions apply regardless of private, public or educational use.

Under all circumstances permission must be sought from the copyright holders to engage in any of the following activities: -

The University has in place a Tertiary Music Licence which enables staff to copy recordings of music, or perform copyrighted music, under certain limited circumstances and only for educational purposes. For more information see the Tertiary Music Licence information page.

The University has an obligation and both the right and capability to locate any music files on either local machines or servers regardless of file type or location.

It should also be taken into consideration that the use of corporate space for the storage of personal music may be considered an inappropriate use of University resources.

Further Information

The Australian Copyright Council has provided the following information sheet:
Copying CDs, tapes and records: copyright obligations Information sheet G70.

2006 Amendments to Copyright Act

Amendments to the Copyright Act came into force in December 2006, some of the changes are relevant to Universities.

Linking & Caching

The issue of browsing, linking, and caching has been clarified:

Videoconferencing

Are you delivering internal lectures or tutorials via videoconference as well? If so you will be pleased to know that you can now show commercially hired or purchased audio-visual material when delivering via videoconference.

Special Purpose Copying

There are new “special purpose” provisions for educational institutions that will allow activities such as converting into another format (eg from VHS to DVD) because the material is no longer commercially available.

There is a three-step test that will need to be applied each and every time, involving looking at possibility of commercial advantage, conflict with normal exploitation of the material, and the legitimate interests of the copyright owner.

Podcasts

Are you interested in using podcasts of radio and tv broadcasts in the same way we use off-air broadcasts for educational purposes? Well, now you can. The ABC is now making a number of its programs available via podcast, and more radio and television programs will do the same. This will give educational institutions a lot more flexibility when making broadcast material available to students.

Journal Articles

Interestingly the provision around copying articles from periodicals for educational purposes has slightly changed. Previously you were able to copy more than one article from a periodical issue provided they were on the same subject matter. Now more than one article from the same periodical may be reproduced UNLESS they are reproduced for the purpose of different research or a different course of study. More information on this provision will be forthcoming.

Insubstantial Copying

Are you aware of the “insubstantial copying” provisions of the current Copyright Act for the print environment?

This is where you are allowed make multiple copies of up to 1% of a work for educational purposes without having to declare it in the sampling process. This provision is now applicable to the digital environment as well.

There are a few rules to abide by:

Note that it is now NOT allowed to copy or communicate passages from different parts of a work in order to make up the 1%.

Technological Protection Measures (TPM)

The technological protection measures (TPM) of the Act have been expanded to include prohibition on the use of, as well as supply of, an anti-circumvention device or service to circumvent an access control TPM.

Private Copying

The amendments also include some provisions outside of the educational arena that may be of interest to individuals.

Copying TV & Radio Broadcasts for Personal Use

It is now legal to copy a free-to-air television and radio broadcast as well as a pay-TV broadcast. There are some limits around being solely for personal and domestic use – for more information see the heading Time Shifting document from the Attorney-General's Copyright Amendment Act 2006 - Fact sheets webpage.

The site also contains some useful information under the heading Private Copying. You can now copy material that you own, eg music on CD, videotapes, books, newspapers, for your own purposes. Again there are strict limitations – more information available from the website above.

University Copyright Officer

For clarification or further information please contact the University Copyright Officer.

Ruth Quinn, University Copyright Officer
Director Library and Information Access
Administration, Level 2, Library, Casuarina Campus
Phone: +61 (0)8 89466192
Email: ruth.quinn@cdu.edu.au.nospam
(remove the '.nospam' from address)

Go to top of page