COPYRIGHT BASICS

Purpose of copyright, who owns copyright, duration, getting permission, infringement, copyright overseas.Copyright is a law that applies to forms of expression or content such as text, images and music. It enables people who create and invest in content to manage how others use the content. Copyright applies to the content automatically; there is no requirement to register or go through any other formal process.The purpose of copyright is to provide an environment that fosters the creation of new content for the benefit of society of a whole. It does this by: providing an incentive for the creation of new content, by enabling those who create and invest in new content to set the terms on which others can use the content. Those terms can (but may not) include payment. enabling reward to people who have created content that others find valuable, and lack the skill or time to produce for themselves.The government-appointed committee whose report led to the introduction of Australia's current Copyright Act said:The primary end of the law on this subject is to give to the author of a creative work his just reward for the benefit he has bestowed on the community and also to encourage the making of further creative works.

In order to achieve its objectives, the copyright system treats different types of uses of content in different ways. Some uses require the permission (licence) of the copyright owner, enabling the copyright owner to set the terms of use. Some uses do not require permission, but do require fair payment under statutory licences. Some uses do not require permission or payment: see here.INFORMATION FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.

COPYRIGHT MYTHSThere's quite a bit of misunderstanding about copyright and how it works. Test your knowledge against these common myths and misconceptions.The following information is for guidance only. It is not legal advice.IF THERES NO COPYRIGHT NOTICE, ITS NOT COVERED BY COPYRIGHTCopyright automatically applies to written and artistic works from the moment theyre created. You dont have to do anything to obtain copyright. The copyright notice (+ name of copyright owner + year) is an internationally recognised signifier that a work is protected by copyright.IF ITS UNPUBLISHED, COPYRIGHT DOESNT APPLYCopyright applies to published and unpublished content. As soon as a work is fixed in some way (e.g. on paper, or saved to disk), its covered by copyright.IF ITS ON THE INTERNET, ANYONE CAN USE ITCopyright is not waived when you publish text or images on the internet. You can decide how you would like people to use your online content. Guidelines for using online text and images usually appear on a websites terms of use page.I DONT NEED PERMISSION IF I COPY LESS THAN 10%Using even a very small part of someone elses work can require permission if that part is an important or integral part and was the result of skill and time. There are some provisions in Australias copyright law that allows the use of 10% without permission in special circumstances. For example, students can use 10% of a work for their research or study, and educational institutions can use 10% of a work under the statutory licence for education.I DONT NEED PERMISSION TO USE A WORK IF I MAKE CHANGES TO ITMaking changes doesnt take away the need to get permission. If you use an important part of someone elses work you might need permission, even if you make changes to it. You also need to be careful that you do not make changes to someone elses work that they may regard as derogatory.I CAN USE OTHER PEOPLES CONTENT PROVIDED I CREDIT THEMYou have a legal obligation to credit the author when you use their work, unless the author has agreed not to be credited, or it is not reasonable to credit them. Using a work for the purposes of criticism, review or reporting news is conditional on crediting the author and title of the work. However, including a credit doesnt preclude obtaining permission in all circumstances.I CAN USE OTHER PEOPLES CONTENT WITHOUT PERMISSION PROVIDED I DONT MAKE MONEY OUT OF IT.You usually need permission even if your use is non-commercial. The content creator may set different terms for non-commercial use (e.g. a different fee) but you still need to ask.IF I PAY SOMEONE TO CREATE SOMETHING FOR ME, I OWN THE COPYRIGHTIf the content creator is on staff, and the work is created during their employment as part of their job, usually the employer owns the copyright. If, on the other hand, the content creator is an independent contractor, then they will usually retain copyright unless there is something in writing transferring copyright to you. If you have not made an agreement about how you may use the material, you would usually be entitled to use it for the purposes it was commissioned for, but may not be entitled to use it for other purposes.

GETTING PERMISSION IS DIFFICULT.It neednt be. It is a good idea to think about what will be easy to clear for use before you select the content. Depending on your need, Copyright Agency|Viscopy may be able to assist you with a clearance. While Copyright Agencys main business focus is on blanket licences for internal use in organisations and institutions, we also offer pay-per-use licences for text and images (now with an automated online facility for newspaper content).THE RIGHTS REVERT TO ME WHEN MY BOOK IS OUT OF PRINT.This depends on your contract. If your contract is not explicit about rights reversion, you may need to seek legal advice (e.g. from the Australian Copyright Council). Publishing contracts generally have a provision for rights to revert to the author when the book is out of print, but youll need to check the definition of out of print. Also, you may need to send the publisher written notice asking for reversion of rights.I NEED TO REGISTER MY BOOKS WITH COPYRIGHT AGENCY IN ORDER TO RECEIVE A PAYMENTRegistering your books with Copyright Agency does not increase your likelihood of attracting a payment. It simply assists our researchers. Copyright Agency payments are allocated to works that are recorded as being used by our licensees in routine sample surveys. If those works happen to be registered in our database, it makes it easier for our researchers to identify the rights owners entitled to payment.EDUCATION AND PUBLIC LENDING RIGHTS PAYMENTS ARE THE SAME AS COPYRIGHT AGENCY PAYMENTS.No, theyre different. Copyright Agency payments are for copying and sharing of content under licences managed by us. These licences apply in a range of sectors, including education, government and business. The Education and Public Lending Rights (ELR/PLR) schemes are Australian Government cultural programs administered by the Department for Regional Australia, Local Government, Arts and Sport. The schemes are designed to compensate authors and publishers for the potential loss of sales revenue due to the borrowing of their books from educational and public libraries.INFORMATION FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program. June 2013

WHAT COPYRIGHT COVERS

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Copyright applies to the following: text (e.g. in books, journal articles, reports, webpages) images (e.g. photographs, artistic works, graphs) video and moving images (e.g. films, videos, television commercials,vodcasts) audio recordings (e.g. music recordings, radio programs, podcasts) computer programsUnder Australia and most other countries, copyright automatically applies as soon as the content is created and 'fixed' in some way (e.g. written down, recorded, saved to disk). There is no requirement to register or go through any other process.WHAT COPYRIGHT MEANSOwners of copyright have exclusive rights to use their content in certain ways: e.g. to reproduce it or make available online. People who want to use other people's content thus have to get permission (a licence) from the owner of copyright.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: An Introduction to Copyright in Australia Ideas: Legal Protection Databases, Compilations, Tables & Forms Maps & Charts Names, Titles & Slogans Quotes & ExtractsProtecting Your Copyright COPYRIGHT DURATION Copyright lasts for different periods depending on a number of factors including the type of material, when it was created, when the creator died and when it was published.

COPYRIGHT DURATION

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Copyright lasts for different periods depending on a number of factors including the type of material, when it was created, when the creator died and when it was published.Copyright periods can also vary from country to country.In general, copyright in text, images and music lasts for 70 years after the year of the creator's death, even if the creator does not own copyright. The period was extended from 50 to 70 years in 2005, but only for content that was still in copyright on 1 January 2005.When copyright in a work has expired, it is often referred to as being in the public domain or out of copyrightIn Australia, copyright has expired in:work typeout of copyright if:

photographtaken before 1955

all workspublished before 1955 anonymously, or under a pseudonym, andcreator cannot be identified by reasonable enquiry

artworkscreator died before 1955, except'engravings' not published before 1955

text workscreator died before 1955, providedwork was also published before 1955

government text, musical works, photographs, engavingswork published more than 50 years before the beginning of the current year (e.g. in 2012, work published before 1962), andcopyright owned by government (Commonwealth, State, Territory), orwork made for government, orwork first published by government

government artworks (except photographs, engravings)work made more than 50 years before the beginning of the current year (e.g. in 2012, work made before 1962), andcopyright owned by government (Commonwealth, State, Territory), orwork made for government, orwork first published by government

Note: the chart above is not comprehensive (e.g. it does not cover audiovisual content) copyright in an unpublished work can last indefinitely one item can contain many separate works: e.g. a book can contain a number of text works, and a number of artworks, all with different creators and different periods of copyright protection a translation of work is protected by copyright separately from the original: a translation may be protected by copyright even if the original work is out of copyright similarly, an arrangement of a musical work can be protected by copyright separately from the original: an arrangement may be protected by copyright even if the original work is out of copyright the artists' resale royalty right lasts for 70 years after the year of the artist's death: an artwork can be out of copyright, but eligible for resale royalties.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: 'Duration of Copyright'27 July 2012

WHO OWNS COPYRIGHT

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FIRST OWNER OF COPYRIGHTAs a general rule, the first owner of copyright in a work is the creator, unless the creator has assigned copyright in advance (e.g. to a client or a publisher).Where, however, there is no agreement about who owns copyright, the following will be the first owner of copyright: the creator's employer, if the creator is an employee (not a freelancer) and created the work as part of their job a client who commissions a portrait, private photograph (e.g. of a wedding), video or audio recording the Commonwealth or a State if the material was created for, or first published by, a Commonwealth or State government department or agency.Where the work is the product of collaboration copyright may be jointly owned.SPECIAL PROVISIONS FOR STAFF JOURNALISTSThere are special provisions for employed journalists. Unless there is an agreement to the contrary, employed journalists own copyright in relation to photocopying, and inclusion of their work in a book. More here.SPECIAL PROVISIONS FOR OLD MATERIALIn some cases, the rules vary for old material. For example, there are different provisions for commissioned photographs taken before July 1998, and works created by employed journalists before July 1998.DIFFERENT OWNERS FOR DIFFERENT COPYRIGHT RIGHTSDifferent people can own different copyright rights in a work. For example, one person may own copyright for reproducing the work as a printedbook, and another for publishing online.OWNERSHIP OF COPYRIGHT CAN BE TRANSFERREDOwnership of copyright rights can be transferred from one person to another by assignment, and when a person dies (under the person's will, or under the rules that apply when someone dies without a will).Identifying the current owner of copyright often requires identifying the first owner of copyright and any subsequent transfers of ownership.ONE ITEM CAN HAVE MORE THAN ONE COPYRIGHT OWNER One item can contain many separate works, each with a different copyright owner. For example, an anthology contains works by different authors, each of which may have a different copyright owner. Similarly, the copyrights in images in a book may have different owners. GETTING PERMISSION

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WHY DO YOU NEED PERMISSION?The Copyright Act gives authors, publishers, journalists, visual artists and others legal rights to control certain uses of their content by others. This includes reproducing the content in various ways, making it available online, and emailing it.Generally, if you want to copy or share someone elses work, you are likely to need permission (also referred to as a licence) from the copyright owner unless: the copyright has expired a special exception or statutory licence (e.g. for educational or government use) applies.LICENCES FROM COPYRIGHT AGENCY|VISCOPYCopyright Agency|Viscopy can give licences on behalf of its members for a variety of uses including: 'blanket' licences to businesses for a range of use of text and images by staff 'pay-per-use' licences for 'one-off' uses, such as for newspapers and artworksLICENCES DIRECTLY FROM A COPYRIGHT OWNERIn other cases, you may need to contact the copyright owner directly. The copyright owner may refuse permission. If they do give a licence, there may be conditions such as payment and acknowledgement. For matters commonly covered in licences, see here.WHO TO GET PERMISSION FROM?For information on who owns copyright, click here.In some cases, there can be more than rightsholder in the content you want to use. For example, if you wanted to reproduce text and images from a book, different people may own the rights in the text and images respectively.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: Permission: Do I Need It?Permission: How to Get It INFRINGEMENT

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A person can infringe copyright by doing something that requires a copyright clearance with the copyright owner's permission (licence). The Copyright Act allows certain uses of content that would otherwise require a copyright clearance: more here.You can infringe copyright by using part of a work if the part is 'substantial' in copyright terms. If you use part of another work that resulted from sufficient skill and effort, you can infringe copyright even if it is not a proportionally large part.You don't necessarily avoid infringement by making changes to another person's content: the question is whether you have appropriated something that resulted from someone else's skill and effort rather than the skill and effort you have added.You can also infringe copyright by: authorising or facilitating an unlicensed use by someone else importing articles containing infringing copyright material selling infringing articlesOTHER BREACHES OF THE COPYRIGHT ACTOther things that can breach the Copyright Act include: circumventing a mechanism that controls access to digital material selling, importing or manufacturing circumvention devices removing or altering rights management information in digital files failing to attribute (or falsely attributing) the creator of a work changing or doing something else with a work that damages the creator's reputation or is offensive to the creator This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include:Infringement: Actions, Remedies, Offences & PenaltiesInfringement - What Can I Do?

EXCEPTIONS The Copyright Act includes exceptions to infringement that allow uses of copyright material without permission.EXCEPTIONS

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The Copyright Act includes exceptions to infringement that allow uses of copyright material without permission.Some exceptions commonly relied on are:purposeconditions/requirements

a person's research or studyarticle from a periodical; orif 'work' published as edition': 10% of pages or a chapter; orif 'work' in electronic form: 10% of words or a chapter; oruse is otherwise 'fair' having regard to factors in the Copyright Act

criticism or reviewuse is 'fair'; andacknowledgement

parody or satireuse is 'fair'

reporting the newsuse is 'fair'; andnews is in a newspaper, magazine or similar periodical with sufficient acknowledgement; ornews is in a film; ornews is 'communicated' electronically (e.g. available on a website or broadcast)

professional adviceprofessional advice by legal practitioner, patent attorney or trade marks attorney; anduse is 'fair'

judicial proceedingsfor a judicial proceeding or report of a judicial proceeding

'space shifting' of musicyou own a copy of the music (e.g. a CD)you make a copy solely to play on a device you own (e.g. an iPod) in private

'time shifting' of broadcastsyou record a broadcast from television or radio solely to watch and/or listen to later, in private

'format shifting'you own a photograph, book, newspaper, periodical or videotapeyou make a copy in a different format for your private use

MORE ON ABOVE EXCEPTIONSSee Australian Copyright Council information sheets: Research or Study Fair Dealing: What Can I Use Without Permission Parodies, Satire & Jokes Copying & Converting Formats for Private UseExceptions to Copyright

STATUTORY LICENCES The Australian Copyright Act contains provisions that allow certain uses of content without a copyright clearance, subject to fair payment. These provisions are known as statutory licences. They are also sometimes referred to as compulsory licences or legal licences. STATUTORY LICENCES 0 Tweet 0Recommend0

The Australian Copyright Act contains provisions that allow certain uses of content without a copyright clearance, subject to fair payment. These provisions are known as statutory licences. They are also sometimes referred to as compulsory licences or legal licences. The Australian Government has appointed Copyright Agency to manage the statutory licences that allow educational and government use of text, images and music scores. The Government has apppointed Screenrights to manage the statutory licences that allow educational and government use of broadcast content (e.g. television and radio programs), and retransmission of free-to-air broadcasts.

INTELLECTUAL PROPERTY Copyright is one form of 'intellectual property'. Other forms include patents, trademarks and confidential information.INTELLECTUAL PROPERTY

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Copyright is one form of 'intellectual property'. Other forms include patents, trademarks and confidential information.Intellectual property rights are legal rights to control other people's use of things embodying ideas and creative output.These rights mean there is a legal obligation to get permission (a licence) from the holder (owner) of intellectual property rights to make certain uses of things resulting from others' intellect, such as inventions, branding, and creative expressions.Intellectual property rights include copyright rights in things such as text, music and images; patent rights in inventions; trade mark rights in trade names and logos; and design rights in features of functional designs.While there is no registration process for copyright protection in Australia, there are registration processes for other forms of intellectual property: patents, trademarks and designs. Registration is managed by IP Australia, and there is information about these and other areas of intellectual property on the IP Australia website.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: Ideas: legal protection Names, titles & slogans Logos: legal protectionDesigns for functional articles

MORAL RIGHTS There are legal obligations to attribute (credit) creators, and not to treat their work in a derogatory way.MORAL RIGHTS

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There are legal obligations to attribute (credit) creators, and not to treat their work in a derogatory way.Moral rights are rights provided to creators under copyright law in order to protect both their reputation and the integrity of their work.

In Australia, moral rights were introduced in December 2000 through the Copyright Amendment (Moral Rights) Act 2000. This legislation provides creators with three rights. They are: the right of attribution of authorship; the right not to have authorship of their work falsely attributed; and the right of integrity of authorship. This protects creators from their work being used in a derogatory way that may negatively impact on their character or reputation.Moral rights last for the same time as copyright in a work, the term of which is usually the creators life plus 70 years.WHY ARE MORAL RIGHTS DIFFERENT?Copyright is designed to protect the economic rights of copyright holders. In comparison, moral rights protect the reputation and integrity of creators. So while Copyright Agency Limited (CAL) manages copyright, and monitors the reproduction and communication of works, it does not monitor the moral rights of its members.

As a creator, you retain your moral rights even if you do not own the copyright in your work. Moral rights can only be held by individuals, so corporate entities and organisations cannot claim moral rights in a work.WHAT TYPE OF WORKS DO MORAL RIGHTS APPLY TO?Moral rights apply to a wide range of works including: artistic works - including drawings, paintings, sculptures, graphs; musical works; dramatic works - including plays, film scripts; written material - including novels, textbooks, poems, songs, journal articles; computer programs; and films.WHAT WOULD BE CONSIDERED AN INFRINGEMENT?There are numerous ways that moral rights can be infringed. They include: not attributing a work to its rightful creator or falsely attributing the work to someone else; reproducing a falsely attributed work; treating a work in a derogatory fashion. This can include distorting, mutilating or materially altering the work; and dealing commercially with or importing a work that had been treated in a derogatory fashion.If an infringement occurs the creator of the work is entitled to take legal action.CAN I SELL OR TRANSFER MY MORAL RIGHTS?No. Unlike copyright, moral rights cannot be transferred or sold. This said, moral rights will not be infringed if a creator has consented to their work being used in a particular manner. This is called creators consent. This consent must be in writing and needs to specifically detail the way the creator will allow the work to be used. It may apply to current or future works, and employees are able to give their employer a general consent for works created in the course of their employment.ARE THERE ANY DEFENCES TO INFRINGEMENT?Yes. There are cases where either not attributing a creator or treating a work in a derogatory manner would not constitute a breach of moral rights. These include creators consent, as well as reasonable use.

The Copyright Act 1968 (the Act) provides a defence to infringement if the use of a work was reasonable. There are a few considerations in determining what constitutes reasonable. These include: the nature of the work; the purpose for which it was used; whether the work was created while in employment; if there are two or more authors, their views about how the work was used or attributed; and relevant industry practice.WHAT IS RELEVANT INDUSTRY PRACTICE?The law takes into account that different industries operate in ways where strict adherence to moral rights is not practical. A good example is the advertising industry where large groups of people work on single advertisements. It would be very difficult to meet the right of attribution by listing in advertisements every single person involved in the creative process.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program

LENDING RIGHTS The Public Lending Right (PLR) and Educational Lending Right (ELR) Schemes and how they differ from licences managed by Copyright AgencyLENDING RIGHTS

The Public Lending Right (PLR) and Educational Lending Right (ELR) Schemes and how they differ from licences managed by Copyright AgencyThe Public Lending Right (PLR) and Educational Lending Right (ELR) schemes are Australian Government cultural programs administered by the department responsible for the arts (currently the Department for Regional Australia, Local Government, Arts and Sport). The schemes are intended to compensate authors and publishers for the loss of potential sales income due to their books being available for use for free from public and educational lending libraries, and are not copyright payments.There is more information on PLR and ELR schemes here.The licence schemes administered by Copyright Agency differ from the PLR and ELR schemes in a number of important respects.These include: the licence fees allow the use of copyright content that would otherwise require a copyright clearance the licence schemes cover the use of both Australian and foreign the distribution of licence fees reflects the usage of content by licenseesmost of the content used in under the education licences is content that has been produced for the education sector.

ASSIGNING, LICENSING

Copyright owners may assign or license these rights to others. Assignment of copyright and licences can include a number of limitations and conditions. These can include limitations on the type of use that can be made of the work, the period of time for which a licence applies and requirements for payment.More: Copyright terms of use for websites Creative Commons licencesThis information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: Assigning & licensing rightsCompetitions

LICENCE TERMS

Whether you are granting or getting a licence (clearance), it is always a good idea to record the details of the licence in writing. It is also a good idea to date the written record of the licence, and have it signed by both the licensor and licensee.The document recording a licence would usually include the following: who the rightsholder is and your details, including relevant names and contact details use letterhead if appropriate; precisely identify the material to be copied, including which part or parts of the work you want to copy, page numbers, chapter titles, or any artworks included. This avoids confusion later, and allows the rightsholder to quickly identify the work, especially if they control a lot of material (such as a publisher); how the material is going to be used, including information such as number of copies made, who they will be distributed to, where they will be distributed (for example, to staff in overseas offices) and whether the work will be distributed free of charge or for profit; how long the permission lasts (eg, is it a one-off copy or will the material continue to be copied for a set period of time?); will copying be paid for? And if so how and when will the charges be calculated? will the rightsholder be acknowledged as the author or publisher in any way on your copies? a warranty (which is a legal guarantee or legally binding promise) that the person granting permission does in fact control the copying rights in the work and that the work does not infringe any existing copyright.This information is for guidance only. It is not legal advice.MORE FROM AUSTRALIAN COPYRIGHT COUNCILThe Australian Copyright Council publishes information sheets and detailed guides, offers a legal advice service and runs an annual training program.Information sheets include: Assigning and licensing rights Fees and royalties for the use of copyright material Permission: do I need it?Permission: how to get it?

CREATIVE COMMONS

What are Creative Commons licences and how do they work?Creative Commons (CC) licences are a series of licences that people use to give upfront permission to others to use their work without payment. The licences were initially developed in the United States. Since then, multiple versions have been developed for the US, and for other countries including Australia.There is information about the licences developed for Australia at Creative Commons Australia. There are four variations of the licence: Attribution (BY); Noncommercial (NC); No Derivative Works (ND); and Share Alike (SA).See the Australian Copyright Council's information sheet Creative Commons Licences (G094v04) for issues you need to consider before using a Creative Commons licence.Content covered by a Creative Commons licence is not covered by our licences. We do not allocate payments to content covered by these licences.

BLACKLINE MASTERS

The information in this article is for guidance only. It is not legal advice.

Many publishers sell resources such as student workbooks and teacher resources with a licence (usually confined to the purchaser of the resource) to copy some or all of the contents of the resource. These are commonly referred to as blackline masters.

A teacher who can copy a resource under a direct licence from the publisher does not need to rely on the educational statutory licence.

Whether a teachers use is made under a direct licence from the publisher is affected by matters that include: whether the publishers licence only applies to the purchaser of the resource; if the purchaser is a school, whether the licence applies to all staff of that school; whether the licence covers uses allowed by the educational statutory licence, or only uses that are outside the educational statutory licence; whether the licence applies to all types of uses (such as scanning, uploading to learning management systems, and emailing students) or only some (such as photocopying); and whether the wording on the blackline master pages about what teachers can do with the pages is intended to describe what teachers can do under the educational statutory licence, and/or what they can do under the publishers direct licence.Ambiguity or lack of clarity in the wording used by publishers is problematic for teachers who want to know whether their use of a resource is directly licensed by the publisher. It is also problematic for CAL.

When processing records of copying of blackline masters, CAL has to work out whether teachers made the copies in reliance on direct licences from publishers, or under the educational statutory licence. This can be difficult to do if the scope of a publishers licence is not clear, or if the wording on a blackline master page is not clearly consistent with the terms of use for the resource as a whole (which often appear on the imprint or verso page).

In addition, CAL does not have information about whether the teachers who copied blackline masters were the purchasers of the resource.

Where CAL has information that schools use of a work is directly licensed by a publisher, then CAL does not allocate payment to that work from the copyright fees it receives. CAL understands, however, that a proportion of schools uses of blackline masters are made outside the scope of the publishers licences for example, by teachers who did not purchase the resource. For this reason, under its current distribution policy, CAL pays publishers for schools copying of blackline masters, at a discounted rate, in recognition that some of the copies are covered by direct licences and some are not.

To assist CAL, and teachers, to work out whether a teachers use of a resource is covered by the publishers direct licence, or by the educational statutory licence (or neither), CAL recommends that publishers review their terms of use for the resource as a whole, and the wording on any blackline master pages in the resource, to make sure that: the wording on any blackline master pages is consistent with the wording of the terms of use for the resource as a whole; and the terms of use for the resource clearly identify any uses that are directly licensed by the publisher.

If you are unsure about how your terms of use would be treated in CALs processing of usage records, please feel free to contact CALs Member Services team for clarification on our toll free number 1800 066 844, or by emailing memberservices@copyright.com.au.

Sample terms of use for blackline masters

If you wish to maintain your entitlement to receive payments from copyright fees collected by CAL, CAL recommends that your terms of use refer to uses that are allowed under the educational statutory licence and: not license any other uses (option 1); or only license uses that are not already allowed by the educational statutory licence (option 2).In either case, you need to make sure that any wording on any blackline master pages is consistent with the terms of use.

Option 1

Terms of use for this publication [name of copyright owner] [year]Except as permitted by the Copyright Act 1968 (Cth), you may not reproduce or communicate any of the contents of this publication, without the written permission of the copyright owner.You may be entitled to reproduce or communicate from this publication for educational purposes under Part VB of the Copyright Act, or for government purposes under Part VII Division 2 of the Copyright Act. For more information, visit www.copyright.com.au and www.copyright.org.au.

Option 2Terms of use for this publication [name of copyright owner] [year].Except as permitted by the Copyright Act 1968 (Cth) or these terms of use, you may not reproduce or communicate any of the contents of this publication, without the written permission of the copyright owner.

You may be entitled to reproduce or communicate from this publication for educational purposes under Part VB of the Copyright Act, or for government purposes under Part VII Division 2 of the Copyright Act. For more information, visit www.copyright.com.au and www.copyright.org.au.

Some pages in this publication include the following sentence:To the extent to which the purchaser is not permitted by the Copyright Act 1968, and subject to the terms of use for this publication, the purchaser of this publication may photocopy this page for their teaching purposes . To the extent you are not entitled to photocopy these pages under Part VB of the Copyright Act 1968 (Cth), you may photocopy them on the following conditions:

1. you are the purchaser, or the employee of the purchaser, of this publication;2. each photocopy includes the phraseTo the extent to which the purchaser is not permitted by the Copyright Act 1968, and subject to the terms of use for this publication, the purchaser of this publication may photocopy this page for their teaching purposes; and3. each photocopy is used solely for your teaching purposes.

You may not scan or digitise any of the contents of this publication except as permitted by the Copyright Act 1968 (Cth).

Wording on photocopiable pages

You should include the phrase referred to in the terms of use on each photocopiable page:To the extent not permitted by Part VB of the Copyright Act 1968, and subject to the terms of use for this resource, the purchaser of this resource may photocopy this page for their teaching purposes.