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Copyright and teaching

Each staff member is responsible for complying with copyright law.

  • Are you using online journal articles and putting them on your course or unit website?
  • Are you photocopying articles for handing out to students?
  • Are you copying or showing DVDs, CDs or material recorded from TV in class?
  • Are you using images from the web in your lectures or presentations?
  • Have you included (as files or as links) downloaded MP3s, movie files or TV programs from the Internet within your MUSO unit website?
  • Are you using student work as examples in your teaching?

If you answer yes to any of these questions, please consider the following information.

Working in the university does not provide a free rein for copying anything and everything, nor does it provide an unlimited forum for distributing content by email or putting content online.

The law does, however, provide some special allowances for educational institutions to make copies of works, or to put materials online, without having to apply to the copyright holder for permission in each case.

Generally, when you use (copy or put online) any third-party copyright works at Monash you will be doing so either

  1. in reliance upon the special educational allowances provided within the Copyright Act
  2. in compliance with particular licence terms (whether generous, like those provided with iCommons or CreativeCommons content; or restrictive, like those governing the use of certain publisher e-journals and databases); or
  3. according to an express permission secured from the copyright holder

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Preparing course materials

Staff who include 'third-party' copyright material (excerpts from books, content found on the Internet etc.) in course or unit study materials need to follow the terms and conditions of the Copyright Agency Limited (“CAL”) Licence the Screenrights Licence the Music Licence or the relevant database licences.

All course materials should contain an appropriate Monash copyright statement. The statements and other tips on creating copyright compliant courseware are available on the Resources and Downloads section of this site (NB Access restricted to Monash University staff and students).

Please note that, under the Monash University Intellectual Property Statute (11) Monash University owns all course materials (or compilations thereof) including lectures, as created by its employees unless otherwise agreed. Use of these course materials for purposes other than Monash University activities will require permission from the University.

The University Solicitor's office website provides a useful explanatory memoranda on what the University owns under the Intellectual Property Statute and Regulations.

Using third-party content: limits on copying for educational purposes

  • Published books: 10% of the total number of pages or one whole chapter (whichever is greater). If you are sure that the book or publication is out of print or otherwise unavailable within a reasonable period of time and at an ordinary retail price, you may copy more than the 10% or one chapter (note also that this 'commercial availability' test does not include books for sale as second-hand items). You should retain evidence of the book being out of print/unavailable in case of an audit.
  • Images: (incl. diagrams, photos, etc; can be whole image or part of an image)
    • you can copy images from websites (but be wary of subscriber sites or those whose express purpose is to SELL images); or
    • you can copy images from hard-copy items (e.g. books) provided that the image can't be bought separately at a reasonable price. See also 'Using screen shots'
  • Journals or newspaper articles (EXCEPT as accessed from a Library electronic journal database - see eblow): one article per issue of a hard-copy journal can be copied, or more than one article, if on the same specific topic.
  • Conference proceedings or other 'anthologies': whole papers or 'works' if these are less than 15 pages in length - and up to 10% of the whole anthology. If a desired work is more than 15 pages, you need to check whether it is available separately as a published work in its own right (available to you within a reasonable amount of time at an ordinary commercial price). If it is not, you may copy the whole work but no other work from the anthology; if it is available separately, you may only copy 10% of that particular work, but may also copy other works (applying the 15 page 'rule') up to 10 % of the total anthology or collected proceedings.
  • For musical notation: 10% of the number of bars of the musical score
  • For eJournals accessed via a Library electronic journal database: depends on the terms and conditions of that database. Send queries about specific licence terms through ask.monash (category Library>resources>databases)

Please DO NOT

  • include articles from an online journal database in printed course materials without checking first with the Library's licensing section. Send queries about specific licence terms through ask.monash (category Library>resources>databases)
  • scan or re-upload database articles to another website (even MUSO). Utilise the Readings and Reserve service instead: they will verify the licence terms for you and create a link for you to provide to you students to access the desired article.
  • copy, or put online, any DVD / video content or sound/music recordings without permission from the copyright owner or without a specific 'up front' licence from the copyright owner, allowing you to copy for your purpose. (Refer to the advice below on Using Music and Using Sound and Vision)

Journal articles sourced from online databases must only be used in accordance with the terms and conditions of that particular licence agreement.

  • To find out whether your intended use is covered by a particular licence, send an enquiry through ask.monash (category Library>resources>databases) to the Library's licensing section.
  • Contact Readings and Reserve if you wish to put a copy of a journal article online.

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Linking to content on the Internet

The web revolves around being able to link up content featured across different sites. But there are still risks involved in providing links, especially when deep linking, framing other websites or 'inlining'. Use these Guidelines on linking to help avoid the risks. See also 'Using screen shots of computer software'.

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Putting text and images online

Staff are urged to be especially careful when making third-party content available online as the restrictions imposed on the online learning environment are much stricter than those generally applied to the distribution of hard-copy learning resources.

For example: only 1 excerpt per book (whether 10% or less) may go online across the WHOLE UNIVERSITY at any one time.

This is why the University has adapted the policy that all such book excerpts (and most journal articles or music score excerpts) are to be processed through the Library's Readings and Reserve section. Staff can send their reading list to the library, with references to the desired journal articles and chapters of books. The library will process the list, place the readings online via the library's server (with the appropriate copyright notice) and will forward links back to the staff member for inclusion within MUSO.

Where staff are putting other types of third-party content online in reliance on the Part VB-'CAL' licence (e.g. images, tables, diagrams), or if staff include third-party content in lecture presentations which will go online, the Part VB Copyright Warning notice needs to be displayed before or at the same time as the students access that content (note that it may be easier to apply this notice once in a page header, rather than attach it to each individual image or item).

COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of Monash University pursuant to Part VB of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
Do not remove this notice.

You can download this and other copyright notices from the Resources and downloads page on this site (NB Access restricted to Monash University staff and students).

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Lectures going online

Staff are responsible for making their own lecture notes available online to their students, in accordance with University copyright and access policies:

Where lectures are destined for online distribution and contain third-party content (diagrams or images from books, etc.,) included in reliance on Part VB

  1. they must be accessible only to Monash students and
  2. the Part VB Copyright Warning notice (as above) must be displayed at the start of the lecture (online version).

Note also that some other types of licensed content (e.g. publisher provided resources that accompany a set text) might also be governed by similar restrictions: refer back to the publisher's licence agreement and seek advice from the Copyright Adviser.

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Lecturing and face-to-face teaching sessions

Lecture notes and presentations

There are parts and provisions within the Copyright Act which allow staff to show images, diagrams, tables; cite short quotes from texts; show video; play audio; access website links and demonstrate various other types of third-party content, all whilst delivering a lecture or talk, as provided to enrolled students for educational (non-commercial) purposes. (See also 'Using sound and vision in your teaching', below).

However, staff do need to ensure that they

  • include adequate source citations or author acknowledgements, especially for any third-party content (provided either with the content or in a summary page or slide at the end of the lecture)
  • display appropriate copyright notices (eg: Part VB if lecture goes online)
  • avoid content which is likely to be infringing content. If in doubt, seek advice from the Copyright Adviser

Guest lecturers

When a guest lecturer provides a lecture, they are responsible for ensuring that their presentation or lecture content is not infringing. In some cases, guest lecturers may need to provide some kind of written assurance to the course staff or unit coordinator, indicating that they have only included images, film footage, data or other types of third-party content in accordance with a certain licence or by permission. It is especially important that guest lecturers be made aware of this obligation BEFORE the agree to present, and that they understand that, if their lecture is recorded, their lecture may be put online for students to access or download.

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Using music in your teaching

Limited amounts of sheet music (10% of the musical score) can be copied under the Part VB-'CAL' licence. Permission must be granted from the copyright owner (usually the music publisher) before more can be copied.

The Universities Music Licence agreement permits the copying and online streaming of certain types of music and sound recordings for educational purposes. Refer to the detailed information about Music Licence. For more information about using music in teaching and learning refer to the music section of this site and see also the FAQs on using music.

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Using audio-visual content (TV, radio, DVDs, video, CDs) in your teaching

Staff and students can play (but not copy or put online for download) purchased or hired videos, DVDs or CDs in a live class, provided that the audience is limited to students and teachers who are taking part in the instruction (and that no fee is charged). However, if a contract is signed as part of the sale/hire arrangement, and if this contract prevents the content from being screened in anything but a private or domestic setting, then a 'public screening' (even in class for educational purposes), will risk breach of contract with the supplier/lender.

Playing YouTube content in lectures/classes: Some of the audio-visual material found on the Internet, on sites like YouTube, is online without permission of the copyright owner. Extracts from popular songs, movies or TV shows are usually unauthorised. These are potentially infringing files that should not be downloaded, linked to or recommended to students. Unless you are certain that the copyright owner authorised the video to be in YouTube, it is best not to show it in class or to direct students to view it (authorising someone to infringe content is also an offense). In some cases it will simply be safer to play video content that is from legitimately purchased DVDs or recorded from a broadcast under the Screenrights Licence. Refer also to the FAQs on using audio visual content on this site.

Under the University's Part VA-Screenrights licence, staff can copy and put online, unlimited amounts of TV and radio broadcast content (whether from free-to-air or pay TV, cable or satellite) and use this content for the educational purposes of the University.

'Educational purposes' include:

  • use to teach students;
  • making the copy available to students as part of a course of study at the University; and
  • retention in the University library or elsewhere as a teaching resource

The Screenrights licence will not cover all uses, only strictly educational uses: copies cannot be made available to the general public; they cannot be sold for a profit; they cannot be supplied to an organisation or institution which does not hold a current Screenrights licence.

Each physical copy (disk, tape or container) must be labeled as follows:

Made for Monash University under Part VA of the Copyright Act 1968.
This program was transmitted on [date, time & channel ]
This copy was made on [date].

There are further restrictions and additional labelling requirements for electronic/ digital copies made and for online use - see below.

Ordering copies of broadcast content

Staff can order copies of broadcasts through the relevant subject librarian:

The library makes purchases of broadcast content from the following services:

The Library also has a subscription to the TVNews database (Informit media) the content of which is also covered by the Screenrights licence.

If staff have the equipment at home or in their department, they may make their own recordings, ensuring that the appropriate VA labels and source information are affixed to the tapes or disks (or cases thereof) and that, if the copy made is digital or copied onto a DVD, the Part VA warning notice is also displayed 'before or at the same time as students access the content' (see below - same advice as for online use).

Staff or departments may also choose to purchase copies directly from the recording services listed above, or from another Screenrights licence holders (ie another Australian University, as these are allowed to make copies on behalf of other educational institutions which are also parties to the Screenrights licence).

Please refer also to the FAQs on audio-visual content for more information about obtaining and using broadcast content.

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Using podcasts/vodcasts of broadcast programs

Where a 'free-to-air' broadcaster makes available a podcast or vodcast of a program (e.g. the ABC offering podcasts of 'Four Corners'; SBS radio offering podcasts of foreign language radio programs) this podcast/vodcast can also be downloaded, copied and or put online in your unit website in reliance on the Screenrights-Part VA licence (see below for online use).

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Putting audio-visual content online?

Where the technical capability exists (and bandwidth permits), staff may also put TV and radio broadcast content online for students in MUSO unit websites, provided that

  1. the website is a password protected site, restricted to authorised Monash staff and students and that
  2. the following Part VA Copyright Warning notice is displayed before or at the same time as the students access the content:
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been copied and communicated to you
by or on behalf of Monash University pursuant to Part VA of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright or performers’ protection under the Act.
Do not remove this notice.

You can copy the text of the notice from the above or download this and other copyright notices from the Resources and downloads page on this site (NB Access restricted to Monash University staff and students).

For most other types of sound and vision content (eg DVDs, CD-ROMs, movies from the Internet, etc) express permission must be obtained from the copyright holder for any online use of these materials (for example, from the production company of a film, DVD or a publishing firm for CD-ROM).

Some online 'streaming' of music from CDs is allowed under the Music Licence.

There is also a growing body of audio-visual and multimedia content that is made available by creators and copyright holders under open-content type licences (CreativeCommons, iCommons, AEsharenet, Learning Federation, etc.) and these generally allow free educational or non-commercial use. Refer to the useful links listing provided at the Resources and downloads page (NB Access restricted to Monash University staff and students).

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Respecting the Moral Rights of authors and creators

Australian copyright law recognises three types of moral rights:

  • The right of attribution (to be acknowledged as the creator/s of a work).
  • The right against false attribution (people are not to be identified as the author/s of a work that they did not create)
  • The right of integrity (work cannot be treated in a derogatory fashion, that would damage the author/s honour or reputation) 

Where it is possible and reasonable to do so, a clear attribution of the author or creator must ALWAYS be provided when using someone else's work. This is known as respecting the moral rights of the author/creator, and is irrespective of whether the author is the same as the copyright holder or not. Following standard academic forms of source citation will normally be sufficient.

Unless an author/creator has consented not to be named (waived their moral rights); or has consented to have their work altered, you need to ensure that the third-party materials you use is correctly acknowledged (quotations, photos, images, tables, diagrams, musical works, scripts, sculptures, TV programs, commercials, films and music videos, etc)

This not only ensures compliance with the author's right of attribution, it is good academic practice and prevents inadvertent plagiarism. If you do not have citations for the material you are using, you should consider whether you can substitute other works from known sources.

Where it is just not possible to identify the author or creator, such an acknowledgement may be omitted. For example: a staff member wishes to put online a photograph from a book, and has permission from the publisher to do so, but can't see any indication in the book as to the name of the photographer, and the publisher has no details either. Here it would be reasonable for a staff member not to provide acknowledgement of the photographer.

If you want to alter a work in a way that would prejudice the original author/s honour or reputation, this could be a breach of the moral right of integrity. If you have any questions about amending or changing an existing work please contact the Copyright Adviser.

Moral rights are personal rights (ie only a person, not a company or organisation, can have moral rights) and they remain with the creator of content even when the copyright in that content has been sold or assigned to another. Performers also have moral rights in their performances; and Monash students and academic staff also have moral rights in the work they create.

Refer to the detailed information on moral rights available on this site and to the University solicitor’s office information on moral rights.

  • Using Creative Commons licensed images? You still need to provide correct source and author attribution. Read this article 'How to attribute a Creative Commons photo'(links to external site) by Bobbi L. Newman of librarianbyday.net, for a good model on citing CC licensed content.

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When to seek permission

If your intended use of a copyright work in your teaching program is not covered by any of the above advice, then you'll probably need to seek permission directly from the copyright holder.

This may be when

  • you want to use more than just a 'reasonable portion/ 10% of a published book
  • you want to make copies of (or put online) some unpublished content (like student essays or artwork, or unpublished conference presentations, documents or letters)
  • you want to make one or multiple copies of a commercially produced CD or a computer game
  • you want to modify a work in a way that could infringe the moral rights of the author-creator

Remember also that audio-visual works, like films or sound recordings will have different 'layers' of copyright, relating to the written script or musical score, the actual sound recording, the visual content (for a film) and (in the case of a sound recording) the performer’s rights. If you're seeking permission for some particular use that is not otherwise covered by the educational licences, you'll need to obtain permission from all of these copyright owners.

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Other Intellectual Property Queries

Questions about ownership of copyright or other intellectual property issues should be directed to the University Solicitor's office.

For IP, Copyright and other related policies and procedures, please refer to the links on the Policies page of this site.

Send an email inquiry to the University's Copyright Adviser.