Copyright Policy
POLICY STATEMENT
The Copyright Act of 1968 and subsequent amendments and regulations such as the Copyright Amendment (Digital
Agenda) Act 2001 and Copyright Amendment (Moral Rights) Act 2000 aim to balance competing interests of community
access to copyright materials with the right of creators to earn a living from their work. Copyright holders therefore
have specific rights that are protected by legislation. These rights include, but are not limited to, the right to
reproduce, the right to publish, the right to perform a work in public, the right to communicate the work to the public
and the right to make an adaptation of the work. There are also other specific rights for specific formats such as the
right to make a copy of a sound recording or the right to cause the visual images of a film to be seen in public.
Kolbe Catholic College is committed to ensuring compliance to copyright legislation in all areas of activity that relate to
third party copyright material.
PURPOSE
The purpose of this policy and accompanying information is to:

Promote copyright compliance in both the academic and non-academic activities of the College by ensuring
that all students and staff are made aware of their obligations when using copyrighted material in any
format whether by copying, reproducing, communicating, playing, recording or performing.

Assist Kolbe Catholic College students and staff to make full legal use of the materials at their disposal.

Limit any risk to the College associated with the use of copyrighted materials.
SCOPE
This policy applies to students, teachers, tutors, volunteers, administrative and ancillary staff at Kolbe Catholic College,
and relates to all College approved and/or sponsored activities.
WHAT IS COPYRIGHT?
In Australia, copyright law is contained in the Commonwealth Copyright Act 1968 (Copyright Act) and subsequent
amendments and regulations such as the Copyright Amendment (Digital Agenda) Act 2001 and Copyright Amendment
(Moral Rights) Act 2000.
A simple definition of copyright is that it is a bunch of rights in certain creative works such as text, artistic works,
music, computer programs, sound recordings and films. The rights are granted exclusively to the copyright owner
to reproduce the material, and for some material, the right to perform or show the work to the public. Copyright
owners can prevent others from reproducing or communicating their work without their permission or may sell these
rights to someone else.
Copyright does not protect ideas, concepts, styles or techniques. For example, copyright will not protect an idea for
a film or book, but it will protect a script for the film or even a storyboard for the film.
Copyright is a separate right to the property right in an object. For example, this means that the person may own a
book or painting will not also own the copyright in the book or painting unless it has been specifically assigned to them.
In Australia, copyright protection is automatic. There is no need for copyright registration in Australia, nor is there a
legal requirement to publish the work or to put a copyright notice on it. A work will be protected as soon as it is put
into material form, such as being written down or recorded in some way (filmed or recorded on in audio form).
CREATIVE COMMONS
Creative Commons is an international non-profit that provides free licences and tools that copyright owners can use to
allow others to share, reuse and remix their material, legally.
Creative Commons Australia is the affiliate that supports Creative Commons in Australia and administers the Australian
Creative Commons licences.
MORAL RIGHTS
Whenever another person's intellectual property is used, users must also ensure that they comply with moral rights
legislation that is also part of the Copyright Act. This means that the author must be correctly acknowledged and that
the work should not be treated in any way that will be derogatory to it or to the reputation of its creator.
FAIR DEALING
Students are able to reproduce copyright material without permission provided that the dealing is for research or
study and that the copying is 'fair'. Fair dealing applies to work copied by an individual for their own use. Fair dealing
provisions cannot be used to copy material for others, e.g. teacher for individual student or class.
The Act s40 deems 'fair' to mean:
 an article in a periodical publication (e.g. a journal article)


more than one article in the same edition of a periodical if on the same subject matter

a reasonable portion which is generally 10% or one chapter if the work is a published edition of 10 pages or
more; or 10% of the words if in electronic form
or

In the case of audio visual (AV) items, the Copyright Act s103C requires the following factors to be
considered:

the purpose and character of the dealing

the nature of the AV item

the possibility of obtaining the AV item within a reasonable time at an ordinary commercial price

the effect of the dealing upon the potential market for, or value of, the AV item
In a case where part only of the AV item is copied the amount and substantiveness of the part copied is taken in
relation to the whole item.
The Act does not provide any guidance as to the proportion which might be considered fair so considerable care and
consideration should be taken when copying AV items.
New fair dealing exemptions for schools are noted in section 200AB, with details available here.
<http://www.smartcopying.edu.au/scw/Jahia/lang/en/scw/go/pid/542>
COMPLIANCE RESPONSIBILITIES
It is the responsibility of all students and staff to make themselves aware of their obligations in relation to copyright by
being familiar with this policy, and by taking note of any information disseminated through College channels (such as
email), through professional development, by taking note of copyright notices on or near equipment that can be used
for reproduction or playing, by attending copyright training sessions offered by the Copyright Council, and by
consulting with the Teacher Librarian when unsure.
Students are entirely responsible for any copyright infringement resulting from their actions. Faculty are responsible
for the copyright compliance of all third party copyright material supplied to students enrolled in their courses.
REPRODUCTION TO ASSIST PEOPLE WITH DISABILITIES
The Act s135ZN-ZT allows for the reproduction of certain materials for people with print and intellectual disabilities
STUDENT MATERIALS
Student material is generally protected by copyright. Teachers needing to use a student's work must ensure that they
keep adequate documentary proof that they have the student's permission.
NON-ACADEMIC ACTIVITIES
Educational licensing cannot be relied upon for non-academic activities such as social activities (both on and offcampus), community outreach, fundraising and worship programs. Staff and students should check with the Teacher
Librarian to ensure their activity is covered by current Kolbe Catholic College licensing agreements.
RESOURCES
There are many websites that will assist in the understanding and implementation of Australian Copyright law. These
include:
Australian Copyright Council
Australasian Performing Rights Association
Attorney Generals Department
Australian Digital Alliance
Copyright Agency Limited
Christian Copyright Licensing International
Phonographic Performance Company of Australia
Screenrights
Smartcopying Website
COPYRIGHT AUDITS/NON-COMPLIANCE
Digital texts that Kolbe Catholic College holds current site licences for must only be used during the period licensed.
Permission must be sought from the publisher/supplier to renew the licence. If the licence expires, the item must be
removed from the school intranet and from all College and student 1:1 laptops immediately. The Teacher Librarian, in
consultation with the ICT team, will advise staff of these procedures as required.
NON-COMPLIANCE PROCEDURES
Any non-complying activities will be brought to the attention of those responsible. Failure to take appropriate action will
be brought to the attention of the College Executive and may result in disciplinary action.
RELATED POLICIES
Visual Media Request Procedure and Visual Media Request Policy
Photocopying Policy
Links - Copyright Legislation
The Attorney - General's Department - Copyright
Copyright Act 1968
Copyright Regulations 1969
Copyright Amendment Act 2006
Creative Commons
Print and Electronic Copying
The Australian Copyright Council
Copyright Agency Limited
Australian Digital Alliance
Church and Worship
Christian Copyright Licencing International (CCLI)
The Church Video Licence (CVLI)
Audiovisual
Screenrights
APRA/AMCOS
Phonographic Performance Company of Australia
Roadshow Public Performance Licencsng Co-Curricular Licence
Guidelines For Students
Under Australian Copyright Law there are three main ways that copyright material can be used legally. They are by:
 Relying on the 'Fair Dealing' provisions of the act.
 Obtaining licences from the appropriate licencing authorities
 Obtaining written permission from the copyright owner.
Fair dealing
Students are able to reproduce copyright material without permission provided that the dealing is for research or
study and that the copying is 'fair'.
The Act deems 'fair' to mean:
 an article in a periodical publication (eg a journal article)
 more than one article if on the same subject matter
 a reasonable portion which is generally 10% or one chapter if the work is a published edition of 10 pages or
more; or 10% of the words if in electronic form.
Fair dealing applies to work copied by an individual for their own use. Fair dealing provisions cannot be used to copy
material for others eg teacher for individual student or class.
Licences
Kolbe Catholic College holds licences for copying other than for individual use as well as licences that cover many noneducational activities. These include: worship, assemblies, entertainmemt, etc. Students contemplating using third party
material for any of these activities are strongly advised to consult with the Teacher Librarian in the early planning
stages to determine copyright liability.
Permissions
Permission from the copyright owner to use their material will override copyright legislation but it is important to
ensure that:
 the actual copyright owner is the one who gives permission
 you have clearly stated the use you intend to make of the material. Use not explicitly covered in the request
may breach copyright regulations
 you always show on the material that it is being used with permission.
Moral Rights
Whenever you use another person's intellectual property you must also ensure that you comply with the moral rights
legislation that is contained in the Copyright Act. This means that you must correctly name and acknowledge the author
and that you should not treat the work in a way that will be derogatory to it or the reputation of its creator.
Music, Computers, the Internet, Copyright and You
A number of recent court cases in Australia and overseas have focussed on such activities as:
ripping, burning, peer-to-peer networking, file-sharing and file-swapping or downloading from internet sites offering
copyright music in formats such as MP3.
Students and staff are advised not to use the Kolbe Catholic College network or computers to copy, share or transmit
music in such a way as to infringe copyright.
The following are examples of illegal activities:



copying songs onto hard drive from a CD/DVD that you (or a friend) own
sharing music files across a network
downloading copyright protected music from the Internet to your hard drive if you do not have express
permission from the copyright owner.
Before you use anyone else's intellectual property, in any format, it is your responsibility to think about whether you
will be infringing copyright legislation. Any such infringement is also an infringement of Kolbe Catholic College
regulations.
You are encouraged to use sources that offer work under Creative Commons licences – images, music and other
material is often available in this way. Ensure you understand and comply with the licence shown.
Guidelines For Staff
Before you use the intellectual property of anyone else in any format it is your responsibility to think about whether you
will be infringing copyright legislation.
The guidelines outlined below apply only to copying for the educational purposes of Kolbe Catholic College e.g. for a
course of study.
Licences
Kolbe Catholic College holds licences for educational copying with Copyright Agency Limited (CAL) for hard copy and
electronic reproduction and communication and with Screenrights for copying from radio, televison and pay television.
Under the Catholic Education Office of Western Australia, the College also has the Roadshow Public Performance
Licencsng Co-Curricular Licence. Limits and conditions still apply when relying on these licences for copying.
CAL hard copy licence limits
The Copyright Act refers to the following as works:




Literary works Examples include articles, books, poems, short stories, song lyrics, recipes, computer
programs
Dramatic works Examples include plays, screenplays and works intended to be performed
Musical works Examples include scores
Artistic works Examples include paintings, photographs, drawings, diagrams, flow charts, maps, plans,
sculptures, wood carvings, covers of books and magazines
The
following
limits
apply
10% or one chapter whichever is greater.
to
works
greater
than
10
pages
in
length.
This means 10% of the number of pages in an edition OR one chapter. If one whole chapter is less than 10%, but it is
copied in full, no further copying can be undertaken from that work, even if this would still bring the total pages copied
within the 10% limit.
Journals:
One complete article from a single issue. More than one article from a single issue if the articles are on the same
(narrowly interpreted) topic.
Same subject matter should be interpreted as where the copies are required for an assessable task e.g. an assignment
or essay.
Anthologies
Whole, if no more than 15 pages. If more than 15 pages the 10% or the chapter rule applies.
An anthology is defined as a collection of selected musical or literary works or excerpts. Anthologies are most often
collections of poetry or short stories; they can be by one author or many authors. Sometimes publishers create
anthologies of articles on specific subjects.
Artistic Work
All if not separately published.
'Artistic Work' applies to diagrammatic representations, technical drawings, charts, maps, plans, paintings, sculptures,
drawings, engravings, photographs, buildings, models of buildings, works of artistic craftsmanship etc.
Out-of-print works:
(Does NOT apply to serial issues)
Under the Educational Licence Part VB, you may copy whole literary or dramatic works which are not commercially
available within a reasonable time at an ordinary commercial price.
Within a reasonable time is generally interpreted as 6 weeks, or for text books, 6 months. If the work is available in a
reasonable time, but not at an ordinary commercial price, you can copy it. You are not required to source second
hand copies of the book before relying on this provision.
If you want to rely on this section of the Educational Licence and reproduce a whole book, you should:
 Complete, and keep on file (one copy with Teacher Librarian, one copy with department)
 Ensure that full publication details are included on the copies.
 Include the following wording on any copies:
This copy has been made by Kolbe Catholic College under section 135ZL of the Copyright Act
1968.
 Ensure that only students of Kolbe Catholic College receive copies of the book.
Please Note
These limits should also be interpreted as applying to any one student group in a course of study in any one year. In
other words, a teacher cannot incrementally copy a whole work, by copying one chapter this week or term, another the
next and so on, so that the students receive more than these limits from any one work during the course of their study.
Limits applying to the use of the CAL electronic reproduction and communication licence
Copying under this licence includes;
 scanning from paper
 re-keying paper copies
 storing in a digital medium
 communicating the digital copy.
The following conditions apply to the use of this licence:
 Digital copies must contain attribution and display the Copyright warning notice.
 Access to digital items must be restricted to staff and students. (Digital copies should only be communicated
through E-Reserve or Moodle)
 Each copied item must contain the Copyright warning notice.
 The limits as required by this licence are the same as for the hard copy licence (See above) However, these
limits should also be interpreted as applying to any one institution in any one year regardless of the intended
audience. In other words, teachers cannot incrementally copy a whole work, by copying one chapter this
week or term, another the next and so on, so that the students receive more than these limits from any one
work during the course of their study. As these limits apply institution wide in any one year, record keeping
by the institution of any electronically communicated item is essential. This is to ensure copyright
compliance. Records of any item communicated other than through E-Reserve should be lodged with the
Copyright Officer.
Limits applying to the use of the Screenrights Licence
This Licence permits the copying of material from radio and television (both pay and free-to-air) provided that:
 Copying is for the educational purposes of the institution
 Where the copy is shown, transmitted or broadcast the audience is limited to staff and students only
 Copies that are made, and copies that are communicated are labelled with the prescribed notices
 Copies that are made are kept by the institution
Copies may be made by or on behalf of the institution. This includes a teacher making a copy at home and subsequently
bringing it in to the College either for use directly in class, or for a copy to be made in compliance with the Visual Media
Policy. In either case the copy made ceases to be a private copy and becomes an institution copy. Institution copies
must be labelled with the prescribed notice and may be kept either as part of the Library collection or part of a
department collection. To arrange to have a program copied please consult the Visual Media Request Procedures.
If a program has already gone to air and you need a copy please contact the Learning Resource Centre to arrange this.
Permissions
If you wish to use more than is permitted under the licences for educational purposes, then one option is to seek
permission from copyright owners. Requests for permission sought should be in writing (an email is acceptable) to the
Teacher Librarian, and if/when permission is granted, copies must be retained by the Department and the Learning
Resource Centre.
Permission from the copyright owner to use their material will override copyright legislation but it is important to
ensure that:
 you are receiving permission from the actual copyright owner
 you have clearly stated the use you intend to make of the material. Use not explicitly covered in the request
will breach copyright regulations
 you should always show on the material that it is being used with permission.
Moral Rights
Whenever you use the intellectual property of another person you must also ensure that you comply with the moral
rights legislation which is part of the Copyright Act. This means that you must correctly name and acknowledge the
author and that you should not treat the work in a way that will be derogatory to it or the reputation of its creator.
Material from the Internet
Material on the internet, although readily available, is likely to be protected by copyright and/or other special
conditions set down by the copyright owner. The conditions of use may be quite specific and need to be checked
carefully. If your use fits the purpose outlined, it is advisable to make a hard copy of the conditions on the date that you
used the material and keep it on file, as conditions can change.
If you are using textual material for educational purposes, it is likely that the fair dealing limit of 10 percent of the word
count can be applied. You also need to consider whether your use has an economic impact and ensure that 'moral
rights' of attribution and integrity are considered. If you are unsure it is best to contact the copyright owner to seek
permission to use the material.
Creative Commons
You are encouraged to use sources that offer work under Creative Commons licences – images, music and other
material is often available in this way. Ensure you understand and comply with the licence shown.
Linking to websites
If you wish to link to another website, it is best to link to the home page of that website. This will mean that you do not
bypass any copyright statements or statements of use on that site.
Using material from social networking sites
It is advisable not to use material from 'social networking' websites such as You Tube as material placed on these sites
may infringe copyright. At best it is difficult to determine who actually owns the copyright, and for what purpose it has
been made available.
This policy has been created using material published on the Avondale College website:
http://www.avondale.edu.au/copyright::Copyright_Policy/ (accessed 22 November 2010)
Other material was sourced from the Smartcopying website:
http://www.smartcopying.edu.au (accessed 22 November 2010)