GUIDE TO REPRODUCING AND COMMUNICATING COPYRIGHT MATERIALS – Educational Statutory Licence (PART VA & VB of the Copyright Act) With thanks to Alison Ransome and Heather Wood, Southern Cross University who prepared this table (modified and used with permission). Updated November 2007 Reproduction Copying Category of Work You may copy the following quantities for the educational purposes of the institution Periodical publications (journals, magazines, newspapers) One article from an issue of a print periodical, or a periodical which is freely available on the web (ie doesn’t require password access); more if the subject matter is closely related. Note: If an article is from a Library online database such as Proquest or informit, you need to comply with the use and licence conditions of that resource as this falls outside of the Educational Licence Part VB. Books From literary, dramatic, musical or artistic works, a ‘reasonable portion’ of the work may be copied. This is deemed to be 10% of the pages, or one chapter (whichever is the greater). If more than that is copied, it generally will not be a ‘reasonable portion’, unless the person doing or requesting the copy is satisfied, after reasonable investigation, that copies (other than secondhand copies) of the work cannot be obtained within a reasonable time at an ordinary commercial price. This amount can be reproduced per lecturer or student, per year. Distribution Hard Copies or Digital Copies other than by making available online (eg CDRom, email attachments) Communication Making Digital Copies Available Online (ie making available via unit websites or UNEonline) Amount as for reproduction Digital Copies must contain Warning Notice (Part VB) Must be fully referenced Amount as for reproduction. Must be provided as a link from e-reserve. Must be fully referenced Amount as for reproduction Digital Copies must contain Warning Notice (Part VB) Must be fully referenced Amount as for reproduction Must be provided as a link from e-reserve Must be fully referenced Only one part of a book may be made available online at one time university wide, regardless of intended audience – this is managed through e-reserve.. Example: A lecturer in Nursing places one portion of an anatomy text online within their CI site (say 4% of total item). A lecturer in Human Movement wishes to use another 3% in their unit. The first part of the work must be taken down before the second can be made available. This is regardless of audience, and regardless of the fact that total communicated is less than 10% of the total book. Example: An 80 page book may be divided into 4 chapters. You may copy one whole or part of a single chapter, even though the number of pages copied exceeds 10% of the total pages in the book OR you may copy 8 pages (10% of total) from throughout the book. Out-of-print works If a retailer or publisher confirms in writing that a work is out of print or that an electronic copy is not available, then you may reproduce and communicate more than a’ reasonable portion’ (including the whole item). You need to keep a record of your enquiries. See http://www.une.edu.au/copyright/reprint-form.doc. Amount as for reproduction Digital Copies must contain Warning Notice (Part VB) Must be fully referenced Should carry a note identifying it as an ‘out-ofprint work’. Amount and conditions as for reproduction Must be provided as a link from e-reserve Must be fully referenced Anthologies (eg collections of poems or plays - There is usually an editor). A work/ chapter in an anthology of less than 15 pages. A work of more than 15 pages if it is not separately published. Note: Not more than 10% of an anthology should be copied if the anthology is available commercially. As for reproduction Digital Copies must contain Warning Notice (Part VB) Must be fully referenced Provided the work you have copied is not commercially available in electronic form, you can communicate it. Must be provided as a link from e-reserve Must be fully referenced Insubstantial Portions – published literary or dramatic works only One page or 1% of total pages/total words. You can never copy a complete work under this provision. Fourteen days must elapse between the making of insubstantial portions. Amount as for reproduction Digital copies must contain Warning Notice (Part VB) Must be fully referenced Amount as for reproduction Must be provided as a link from e-reserve Must be fully referenced Musical works (not sound recordings – see below) 10% of notes or bars More than a reasonable portion if the work has not been separately published. More than a reasonable portion if, after reasonable investigation a new copy cannot be obtained within a reasonable time at an ordinary commercial price. Amount as for reproduction Digital Copies must contain Warning Notice (Part VB) Must be fully referenced Amount as for reproduction Must be provided as a link from e-reserve Must be fully referenced Only one part of a work may be made available online at one time university wide, regardless of intended audience. Reproduction Category of Work Copying Distributio Hard Copies or Digital Copies other than by making available online (eg CDRom, email attachments) Copies must be made for the educational purposes of the institution Art works All of a work that has not been separately published All of an artwork that accompanies or explains the text being copied As for reproduction Digital Copies must have a Warning Notice (Part VB) All of an artwork in copied from an electronic source Must be fully referenced Examples: A diagram in a book that has not been published, for example as a postcard can be reproduced in full. Communication Making Digital Copies Available Online (ie making available via unit websites or UNEonline) More than one artwork from a particular source can be communicated simultaneously as they are works in their own right Requires a Warning Notice (Part VB) in place and access restricted to staff and students, such as in e-reserve or UNEonline. Must be fully referenced A photo within a page being copied as part of a journal article can be reproduced without further investigation. An artwork copied from an electronic source, eg on a freely available website (ie you do not have to click ‘I Agree’ or enter a password) can be reproduced without further investigation - Sound recordings – from radio or TV only - Sound recordings reproduced from TV or Radio under Screenrights licence may be reproduced without size limitations. As for reproduction Digital Copies must contain Warning Notice (Part VA) Note that this does not cover commercially produced sound recordings (eg purchased CDs or tapes). Sound recordings – from commercial recordings Sound recordings may be played in classroom settings. If you want to reproduce sound recordings for educational purposes, see http://www.une.edu.au/copyright/musiccopying.php Cinematographic films (videos, etc) – from radio or TV only Anything from television broadcast on all free to air (ABC, SBS, commercial stations), satellite, microwave pay (eg Austar) and cable pay television (Foxtel and Optus Vision) may be reproduced without size limitations, though some conditions apply. Videos/films may be shown in classroom settings, as these are not considered to be public performances. However, copies must not be made without copyright owner’s permission. Digital Copies must contain Warning Notice (Part VA) and be registered with the Copyright Officer See http://www.une.edu.au/copyright/music- See: http://www.une.edu.au/copyright/music-copying.php As for reproduction. Broadcasts reproduced under Screenrights Licences can be digitised and communicated. copying.php Digital Copies must contain Warning Notice (Part VA) and be registered with the Copyright Officer Digital Copies must contain Warning Notice (Part VA) and be registered with the Copyright Officer Note that this does not cover commercially produced videos or film (eg purchased or hired videos) See. http://www.une.edu.au/copyright/sound-music.php Cinematographic films (videos, etc) commercial or hired copies Sound recordings reproduced under Screenrights Licences can be communicated. This requires copyright owner’s permission. This requires copyright owner’s permission. UNE Copyright Officer, Berenice Scott, ext 3227 or copyright@une.edu.au For more information about the use of copyright at UNE, go to the UNE Copyright Web pages at: www.une.edu.au/copyright