Copyright at UNSW - an overview

Support for staff

This page is an overview of copyright regulations as they pertain to UNSW staff and does not constitute legal advice.

Relevant UNSW statutory licences (and definitions of terms)

UNSW is licensed under the Copyright Act 1968 to make copies of copyright material, and communicate it, for the educational purposes of the University, using:

  • broadcasts (radio, television, cable, satellite and podcasts of broadcasts) under Part VA (the Screenrights licence) and
  • print and graphic material, under Part VB (the CAL licence),

as long as the material is made available only to UNSW staff and students, not to the general public.

“Copy” of copyright material means:

  • photocopying
  • scanning
  • recording from TV or radio
  • downloading from the Internet.

“Communication” of copyright material means:

  • distribution of hardcopy reproductions of the material
  • electronic transmission (e.g. as an email attachment, distribution on disk)
  • inclusion in a PowerPoint
  • online availability (e.g. put up on a university server so that staff or students can access it).

“Educational purposes of the University” means that you must be:

  • using the copied or communicated material to teach students
  • making the copy available to students, or communicating it to students, as part of a course of study at the University
  • retaining a copy in the University library or elsewhere (e.g. a staff member holds a copy) as a teaching resource; or
  • using it in the administration of students and courses.

You may copy or communicate material if:

  • the University owns the copyright to the material
  • it is covered by the University’s Part VA or Part VB statutory licence
  • someone supplied it to the University with an express licence to copy and/or communicate it, or
  • you’ve obtained written permission from the copyright owner. You can only copy or communicate the work within the limits the copyright owner has set.

Limited amounts of copying and communication without payment are considered “fair dealing”. You may copy or communicate within the stated limits.

Electronic copying or communication limits

For electronic copying or communication, no more than 10% or one chapter (whichever is more) of a work may be copied or communicated for any use at all, throughout all of UNSW.

Because lecturers can’t know what other lecturers are copying, the Library is the central coordinating point for electronic copying. If you want something scanned for inclusion in a Moodle course, contact the Library (huc@unsw.edu.au)—ideally, you will send the scanned pages to the Library. The Library will check that the pages are within copyright limits, then add the images to the library catalogue and send you the link to use in Moodle. Students can either click that link or find the pages in the Library catalogue by searching for the course code.

Digital copying and communication of print and graphic material

ONLINE communication method

Copyright material

What to do

Include the material

  • on a website, or
  • in an online course

for access ONLY by UNSW staff and students, not by the general public, and only for the educational purposes of the University.

Course materials, including:

  • journal article, including e-journal (subscription
  • book chapter
  • web download
  • newspaper clipping
  • anthology
  • conference paper

Provide links to any material currently available online. Check the Library’s Licence conditions of UNSW online resources database for information on conditions imposed by specific providers.
If in doubt, email  copyright@unsw.edu.au

Artwork

Is the artwork in electronic or hardcopy form?

  • If electronic, you may communicate it.
  • If hardcopy, you may communicate it if it is not published separately and available for purchase within a reasonable time.

Provide a full citation for each item.
Place the Part VB Electronic Use Notice (see https://www.library.unsw.edu.au/copyright) so that a student cannot reach the copied material without seeing the notice.

Graphic/illustration (electronic or hard copy (incidental artwork that explains text)

Copy. Provide a full citation for each item.
Place the Part VB Electronic Use Notice so that a student cannot reach the copied material without seeing the notice.

 

OFFLINE communication method

Copyright material

What to do

Include the material

  • on a disk
  • in a PowerPoint presentation
  • in an email

for distribution or presentation ONLY to UNSW staff and students, not to the general public, and only for the educational purposes of the University.

Course materials including

  • journal article, including e-journal (subscription)
  • book chapter
  • web download
  • newspaper clipping
  • anthology
  • conference paper

Check that copying is within the limits allowed.

Provide a full citation for each item.

Place the Part VB Electronic Use Notice (see https://www.library.unsw.edu.au/copyright) so that a student cannot reach the copied material without seeing the notice.

Artwork

Is the artwork in electronic or hardcopy form?

  • If electronic, you may communicate it.
  • If hardcopy, you may communicate it if it is not published separately and available for purchase within a reasonable time.

Provide a full citation for each item.

Place the Part VB Electronic Use Notice (see https://www.library.unsw.edu.au/copyright) so that a student cannot reach the copied material without seeing the notice.

Graphic/illustration (electronic or hard copy (incidental artwork that explains text)

Copy.

Provide a full citation for each item.

Place the Part VB Electronic Use Notice (see https://www.library.unsw.edu.au/copyright) so that a student cannot reach the copied material without seeing the notice.

 

Related actions

Copyright material

What to do

Digitise student work

Assignments etc. that do not include any third-party copyright material

Obtain permission in writing from the student.

Provide a full citation for each item.

Digitise unpublished material

Drafts of articles, manuscripts of books, versions of texts that differ from the published version.

Obtain permission in writing from all authors.

If the work has been published since the cited draft was produced, check with the publisher who owns the rights to the manuscript.

Provide a full citation for each item.

 

Print and graphics limits

You may copy and communicate copyright print and graphic material within the following limits without infringing copyright:

  • Journal articles—All or part of an article. Two or more articles in the same issue of a periodical if they relate to the same subject matter. (Applies course by course.)
  • Literary or dramatic work contained in a published anthology (print or paginated electronic version)—up to 15 pages. (Applies course by course.)
  • Other copying of literary, dramatic, musical or artistic works—a "reasonable portion" of the work. That is, of published books, plays and musical works, no more than 10% of the pages or one chapter, whichever is more.
  • If you copy more, you must have satisfied yourself, by “reasonable investigation” that the work is out of print.

“Course by course” means...

...within a single course. For example, 3 different teachers of 3 different courses could each copy 15 pages of an anthologised literary work, but if they were all teaching the same course, only 15 pages in total of that work could legally be copied. A good guide is, if a short story, poem etc. is more than 15 pages long, treat it as if it was published separately and only copy 10% of it.

Fair dealing - acknowledge your source

With a literary, dramatic, musical or artistic work or adaptation, copying and communication beyond the above limits is considered “fair dealing” if you’re copying or communicating for research and study, criticism or review or parody or satire, provided you properly acknowledge the work copied, that is, identify (1) the author and (2) the work by its title or other description.

What counts as “research or study” or “criticism or review”?

As a guide, the following usages will generally be acceptable:

  • for preparation of an article or book chapter
  • as part of an academic's general reading to maintain current awareness in his or her field
  • for preparation of new courses
  • copying for an individual student or small group of students to study
  • communication between two academics for the purpose of joint research.

What generally doesn’t count: multiple copying for distribution or other use in teaching.

What’s fair?

You are permitted to:

  • make one or more copies of an “insubstantial portion” of a literary or dramatic work, that is:
    • up to 2 pages of a work of <200 pages
    • up to 1% of a work of 200+ pages
    • up to 1% of the words of an electronic, unpaginated work

Restrictions apply:

  • The insubstantial portions must be continuous.
  • This permission does not apply to artistic or musical works.
  • More than 14 days must elapse before another “insubstantial portion” of the same work can be copied or communicated.
  • Before making another part of the same work available online, you must take down any previous part of the work.
  • copy literary, dramatic, musical and artistic works as part of a question to be answered in an examination, or in an answer to such a question. Applies to copies only, not communications.
  • copy a hardcopy artistic work as long as you are sure that it has not been separately published. If it has, you can only copy it if “first-hand copies cannot be purchased within a reasonable time at an ordinary commercial price”—that is, if it is out of print.
  • copy or communicate an electronic artistic work, from the electronic form
  • copy incidental artistic works (embedded in text for the purpose of explaining or illustrating a literary work) without investigating whether they are available for purchase.

In all the above cases, you must acknowledge the source of the work by author and title.

Audio-visual and broadcast copying

Off-air material—no limits on copying and communication (online or on disk) if access is restricted to University staff and students.
Label any analogue copies—see the Library's copyright website (https://www.library.unsw.edu.au/copyright) for information about notices and labels.

When you digitise audio-visual material (e.g. make a copy on a disk or hard drive) and communicate that material, ensure that each copy displays the Part VA Electronic Use Notice on screen either before or at the same time as the copyright material displays.

You may not copy commercial films, videotapes or DVDs unless permission is given in the copyright notice on the item concerned, or you obtain written permission.

Music

FreePlay Music

Under a licence agreement with FreePlay Music, UNSW students and staff may use music from FreePlay in their productions.

AMCOS/ARIA (music copyright societies)

UNSW staff may make copies for educational purpose—e.g. a compilation for your students to study, which you distribute on disk or place in the Library—of music issued on record labels within ARIA (Australian Record Industry Association). Contact the Copyright Officer (x53798)  for a list.

The copy or its packaging must carry the following notice:

“This recording has been made by UNSW under the express terms of an educational licence between it, AMCOS and ARIA and may only be used as authorised by UNSW pursuant to the terms of the licence.”

and the following information:

  • the title of each musical work
  • the name of each composer, lyricist and arranger of the musical work
  • if the recording contains an ARIA sound recording,
    • the artist/group name and
    • the record company label.

You may also make copies available to students online, for listening only (streaming), not for download.

Copying from the Internet

Check the copyright statement on each website before you download and communicate any material.
Provide students with a link to the website, rather than distributing material copied from the site.

Moral rights

Moral rights arise automatically and connect individual authors to their work. They are distinct from the economic rights included in copyright. They consist of:

  • the right of attribution (the right of an author to be identified and named as the author of his/her work)
  • the right against false attribution
  • the right of integrity (prohibits any act in relation to the work that would harm the author's honour or reputation).

Moral rights apply to all copyright works. They also apply to films, or works that are included in films, that were produced after 21 December 2000. An author can consent to acts that would infringe moral rights, but the consent must be in writing.

Ownership of Intellectual Property created by University staff

Copyright collecting societies

Collecting bodies such as Copyright Agency Limited, Screenrights and APRA make payments to their members when members’ copyright works appear in the records they keep. See the respective bodies’ websites for details.

Further information