Copyright

For Staff

The Act allows for and protects copyright in original works and other subject matter including literary, dramatic, musical and artistic works; computer software; films and video recordings; and sound recordings. This is not an exhaustive list of copyright subject matter.  In each case copyright arises automatically when the subject matter is created or published provided certain criteria are met. Under the relevant conventions and treaties, Australia extends copyright protection to citizens or residents of most countries in the developed world, as well as those of many developing nations.

From 1 January 2005, copyright subsists in published works (other than photographs) for 70 years after the end of the calendar year in which the author dies.  Copyright in a work which has not been published before the death of the author, and copyright in subject matter such as films and sound recordings, lasts for 70 years from the calendar year in which the material is first published.

Copyright gives the owner a bundle of exclusive rights.  These differ depending upon the type of work or subject matter involved.  Most relevantly those exclusive rights will include the rights of reproduction, of (electronic) communication to the public and of public performance (including causing a recording or film to be seen or heard in public). There are no formal requirements of deposit or registration in order for copyright to subsist in a work or subject matter in Australia.

The general rule is that the author of a work is the first owner of copyright.  However, where a work is made by the author in the course of employment then the first owner is usually the employer, and copyright in certain commissioned photographs and portraits belongs to the commissioning party although with some restrictions on how they can use their copyright and in the case of copyright in commissioned films, videos and sound recordings the copyright will belong to the person who commissions them.  All these ownership rules can be varied by agreement and there are separate rules for ownership where works are commissioned by or created for the Crown.

In December 2000 Australia enacted moral rights and included them in the Copyright Act.  These rights are personal to the author and cannot be assigned.  They are a right to be identified as author, a right to object to derogatory treatment prejudicially affecting the author's honour or reputation and the right to take action against false attribution.  For further information refer to Copyright and Moral Rights.

There are a variety of exceptions which permit the use of copyright material without the express voluntary licence of the owner.  Some amount to compulsory licences, for which the owner receives payment, others are free exceptions.  Examples include:

• Fair dealing.  The fair dealing exceptions allow for free use but are restricted, requiring the user to demonstrate that the use was both fair and for one of a narrow list of permitted purposes (most significantly, criticism or review, research or study, or the reporting of news).  The government has recently undertaken a review of the fair dealing defences with a view to determining whether to adopt a broader US-style fair use defence which is not limited to a list of specific purposes.  In the case of fair dealing for the purpose of research or study the Act provides that in respect of the reproduction right the copying of a single article in a periodical publication or of a single chapter or less than 10% of a book will be deemed to be fair.
• Statutory licences which allow for the copying and communication of works, and copies of films and sound recordings from broadcasts, for the educational purposes of educational institutions.  These statutory licences are remunerated and are dealt with in more detail below.
• The performance of works, sound recordings and films in class for teaching purposes is free and is taken outside the public performance right of the copyright owner(s).
• The right to make insubstantial copies.  The exclusive rights are only infringed if they are exercised with respect to a substantial part of a copyright work.  In the case of the reproduction right the Act quantifies when small amounts of copying will not infringe if they are made for the purpose of a course of education.
• Statutory licences which allow the remunerated use of copyright material to assist those with reading or intellectual disabilities.  For example, these licences would allow literary works to be transcribed into Braille.

The key statutory licences for universities are the Part VB licence allowing for the multiple reproduction and communication of works and periodical articles (for further details refer to Print and Graphic Copying Guidelines) and the Part VA licence allowing for the copying and communication of broadcasts (for further details refer to Audiovisual Copying Guidelines ). 

Finally, there is a voluntary licence with the relevant collecting societies representing the owners of copyrights in music and sound recordings to which Australian Catholic University is party.  It covers the use of music at university events, Music-on-Hold and certain copying and communication of sound recordings for teaching and educational purposes.  For further details refer to the Music Licence Guidelines.

The above information provided by Universities Australia, on advice from Baker & McKenzie solicitors.

If you require further information contact the University Copyright Officer, via email on copyright.officer@acu.edu.au .

John Cameron
Pro-Vice-Chancellor (Administration and Resources)