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Copyright beyond 'educational use':
promotions, marketing and other University activities

Commercial activities, marketing and promotional activities and other activities unrelated to specific courses of instruction, are not covered by the special educational allowances and licences which Monash relies on when using copyright materials for non-commercial, educational activities (ie teaching and learning activities supporting an officially recognised higher education course or unit, involving enrolled students counted within EFTSU and taught by Monash staff).

Staff involved in organising or managing business activities will generally require permission from the copyright holder to use third-party copyright materials in their activity.

University business activities in this context may include

  • promotional activities
  • marketing and advertising media creation (brochures, posters, websites)
  • distributing news bulletins among staff or students
  • activities (whether educational or not) involving the general community (film nights, exhibitions, open days, short courses, concerts)

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Obtaining permissions: a few tips

To be effective, permissions need to be secured in writing and be granted by someone who is authorised to grant the permission (if not the actual copyright holder then their authorised representative). ALWAYS keep a record of permissions obtained, as well as any searches or attempts to contact the copyright owner (where no reply was forthcoming) and retain any records relating to the permissions process. You cannot assume permission is granted because you do not get any reply to your request.

Who is the copyright owner?

Usually the creator/author or publisher/producer of the work

  • There is no register or list of records of Copyright owners
  • Check for the copyright symbol © and a name and date: this can be an indication of the copyright owner (it may not always be correct).
  • An employer usually owns copyright in work made by employees as part of their duties
  • Publishers are often the copyright owners: the author/creator may have assigned (sold) their copyright to a publisher or other entity (media company, recording company etc) 
  • Production companies will often be copyright owners of film and TV programs. They may know the copyright owner if they cannot give permission themselves.
  • Galleries or museums may be able to give permission for artistic works or put you in touch with the copyright owner.
  • For websites look for suitable contacts on the site's contact page or, failing that, contact the webmaster. Although they may not be the copyright owner, they may have contact details for owners.
  • If there is no information on a website about copyright ownership of the site (or parts thereof) this could indicate the material is online without permission
  • Collecting societies may have information about copyright owners and how you can ask for permission. In some cases they may licence the material for use themselves:

Express permissions

  • Many websites have copyright information in their footers or on the home page. These may give express permission to copy information from the website with different conditions
  • You can use this material if you follow those terms and conditions
  • Keep a print-out or similar record of the website terms
  • Software licences may allow copies to be made for research or teaching. You would need to keep a written record of the terms of permission
  • CD-ROMs or DVDs of materials may allow reproduction in research or teaching. Again you would need to check the terms of use
  • Material could be available under a Creative Commons, GNU/GPL or other open content licence. But you still need to be careful about the licence terms (can you change the material? Must you make the new material you create available under same terms?)

Writing to copyright owners

  • Email can be handy and efficient as you then retain a record of your correspondence.
  • You may need to follow up with a phone call to remind copyright owners of your request
  • Often publisher websites or those of other organisations will have an email address or an online form for permission requests
  • Leave yourself plenty of time: the copyright owner may be difficult to find or may not respond promptly

What do I include in my permission request?

Here are a few tips on what to include in your request (you may not need to cover all of these points)

  • Your name and contact details; organisation (Monash University, Faculty/School Dept etc etc)
  • A clear identification of the material for which you seek permission
  • How the material will be used: made available on a publicly accessible website; published in a research paper online / in print; provided online for access by students in your course; reproduced in a unit guide for student use only, etc etc.
  • What format it will be reproduced in (eg print only, electronic copy supplied on a disc to users; made available online on a secure website; combination of print and online, etc etc).
  • Where it is to be published or made available eg online thesis repository, journal, book chapter, online in a password protected system (MUSO), in a limited number of course handbooks printed and sent out to students
  • Whether use is non-commercial or for educational purposes only
  • Why you want to use the material (eg good example of research, illustrates your hypothesis good example for students, summarises your approach to this issue in this course etc).
  • Number of copies made or number of users with access to the material
  • If changes are made to the material, why those changes are important – or that no change will be made and the material will be reproduced in full
  • That full credit for the source will be given and the acknowledgement will be in the form that the copyright owner requires

Refer to the Resources and downloads page for template permissions letters.

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Placing material on Monash websites

The following guidelines are especially important with regard to content destined for Monash websites that are accessible to the general public. This includes School, Faculty and Divisional websites but not MUSO unit websites or sites where access is password-protected and restricted to enrolled students and employees of Monash.

Please answer these questions before using materials for commercial activities or activities unrelated to higher education courses, and before placing any material on a Monash public-access website.

  1. Are you the copyright owner of the material?
  2. Are you using any material that was not created by you?
  3. Is this third party material out of copyright?
  4. Do you have licence or permission to use this material?
  5. Have you cited the author and source of the material?
  6. Have you changed or distorted the copyright material to the extent that it might be considered derogatory treatment?

1.  Are you the copyright owner of the material?

As a general rule:

  • Students own copyright in their own research, assignments and theses.
  • Academic staff retain copyright in their original research. If the research is collaborative, all authors involved may be copyright owners, (unless otherwise agreed) and permission may need to be sought from all.
  • Monash University retains copyright in
    • all course materials
    • materials produced by general staff in the course of their employment
    • multimedia products and computer programs associated with patents
    • all discoveries and inventions, films and sound recordings where the University has made a significant contribution of funding, resources, facilities or apparatus.

Even where you were the original copyright holder, if you assign your copyright to another party (a publisher, journal, company or another person), by agreement or contract, you no longer own the copyright. So even though you may be the original author or creator, you will still need to obtain permission or a licence to use that work, from whoever now holds the rights to it. Refer back to the terms of your copyright agreement with that publisher, person or organisation.

Sometimes you may have only licensed another party to use your work: in this case, you may still retain copyright (in whole or in part), and you should check the licence terms you offered the other party to make sure they don't stop you from using your work for your own purposes.

If you are a member of a collecting society like the Copyright Agency Limited (CAL) or the Australasian Performing Rights Association (APRA-AMCOS) you may have assigned some or all of your rights to that collecting society. You may not have the right to give permission for use of your work. You may need to provide notice to the collecting society to get permission for your work to be reproduced and communicated online.

Refer to the University Intellectual Property Statute, and seek further advice from the University Solicitors’ Office.

Yes: I am the copyright owner of the material; (or)I have permission from the co-authors or other copyright holders/collecting societies to use this work. Go to question 2 .

No: I am not the copyright owner; I assigned copyright in my work to another. You no longer own copyright in the material. Go to question 4 and question 2.

2.  Are you using any content that is not created / owned by you?

Third-party copyright works can include:

  • images
  • logos
  • maps
  • designs
  • photos
  • sound recordings,
  • animation
  • films
  • tables
  • text excerpts
  • transcripts of interviews
  • survey questions...

In other words, ALL KINDS of works! Even a single image from a film or a single photo might be protected under copyright if it is significant, important or recognisable. And just because it is freely available (eg on the Internet; junk mail), does NOT mean it is out of copyright!

Unless the third-party material is very insignificant (a single quote from a book; a phrase) you will need to have either a licence to use it, or express permission from the copyright holder.

Yes, I am using third-party copyright content: go to question 3.

No: I am not including any third-party copyright content / third-party content used is insubstantial. You may go ahead and use the content for your University commercial / business purpose.

3. Is this third party material out of copyright?

The duration of copyright is different for different types of works. Refer to this duration of copyright chart for precise information. For published text works: the usual period of copyright protection is life of the author plus 70 years. Published material created by an author who died before 1 January 1955 is out of copyright.

Note: Just because material is available on the Internet does not mean it is in the public domain and can be used without permission. It will depend on terms of use that are listed on the site.

Yes, copyright has expired. You may go ahead and use the content for your commercial/business purpose, with an appropriate acknowledgement of author/creator and source.

No: the material is still in copyright: go to question 4 .

4.  Do you have a licence or permission to use this material?

Unless the content you wish to use already comes with a licence that allows your intended use, you will need to obtain express permission directly from the copyright holder/s.

If the third party material was copied from a website, the terms and conditions of use on the website should be followed. It might be that the material is free for use, or free for non-commercial use only. You should print out the terms of use for the website, showing that you have permission to copy the material.

Permissions should be obtained in writing and should be retained. Refer to the page on this site about seeking permission or contact the Copyright Adviser for more advice.

Yes: the content comes with an appropriate licence for my intended use; (or) I have received permission in writing. Go to question 5 .

No: there was no licence covering my intended use; and I haven't received permission. You will have to omit that material from your activity until permission or a licence is granted. Then go to question 5

5.  Have you cited the author and source of the material?

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.

Where it is 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.

For prominent usage of a work where the author or creator cannot be readily identified, a brief statement of 'good faith' can be added, indicating that 'the author/creator is not known but due acknowledgement will be made if/when details are forthcoming'.

Note: Moral rights for performers have been introduced in Australia, so citation details for performers of a work (as well as authors or creators) will need to be provided. (Refer to Performers’ Rights).

Yes: I have provided an adequate acknowledgement or indication of the author /creator of the third party content; (or) identification of the author / creator was not possible. Go to question 6 .

No, I have not cited the author or source of the material. You should not use the content until you have cited the author/creator and source of the material. Once this is accomplished, go to question 6 .

6.  Have you changed or distorted the copyright material to the extent that it might be considered derogatory treatment?

Under the moral rights provisions, the original author or creator has the right of integrity in their work. This means their work should not be subject to derogatory treatment. Derogatory treatment means any major changes or distortions of the work that might be viewed as prejudicial to the author’s honour or reputation. These changes would need either consent from the original author or to be reasonable in the circumstances.

This does not mean that one needs permission to criticise a work. Significant damage to a creator’s reputation would need to be proven, and the nature of and circumstances surrounding the criticism would be taken into account.

Examples where authors have brought an action of derogatory treatment include colouring black and white films, performing ‘Waiting for Godot’ with an all female cast and a disco version of a classical work.

Yes: I intend to change / distort the third-party material so it might be derogatory treatment. Seek further advice BEFORE using the content in your activity.

No: I have not made any changes or alterations to the material; (or) I have obtained permission to change the material for my intended purpose

and questions 1 - 6 have been answered ...

You may now go ahead and use the content for your University commercial or business purpose!

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