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Copyright for Copyright for ManagersManagers

Vanessa Tuckfield

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Intellectual Property

Patents; Trade marks; Designs; Copyright; Circuit layout; Plant breeder's rights; and

Trade secrets.

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Copyright

• Protects the original expression of ideas• It is FREE• It is automatic

Gives copyright owner exclusive economic rights

• Copy (includes into digital form)• Publish• Broadcast• Publicly perform the material

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Resources created within

AdvertisingBrochuresLearner guidesCurriculumLearning resources

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What does copyright protect?

Original works• Written works• Artistic works• Musical works• Dramatic works

Subject matter other than works• Computer Programs• Compilations• Films• Sound recordings

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Exceptions to ownership

• Employees

• Government

• Joint ownership

• Scribes

• Assigned & exclusive

• Trustees & beneficiaries

• Companies

• Collecting Societies

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Moral RightsBasically it’s not a property right it’s a MORAL right

 You get three rights1. A right of attribution (a right have your name on a

work or not on it)

2. A right not to be falsely attributed3. A right of integrity (a right to object to any distortion,

mutilation or other modification of, or other derogatory action in relation to, his or her work, which would be prejudicial to the authors honour or reputation)

© Canberra Institute of Technology

2010

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Length

• Literary, dramatic, musical• Artistic• Sound recordings, film• Broadcast signals• Directors• Performances• Published editions• Crown copyright

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© Canberra Institute of Technology

2010

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Policies

• Employment contracts

• Policy includes– What notices– Who owns

• Preferred sharing options

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Copyright notice: Long form

Materials on this site, including pages and on-line images, are protected by the Copyright Laws of Australia. All rights are reserved.

When you access this site you agree that:You may retrieve the material for information only. You may save a local copy or send it to your printer for your own personal use or in order to inform authorised and potential users about the materials. However, you may not make any charge for such use and any commercial exploitation is expressly prohibited. You must include the copyright notice in any copy that you make. You may not modify the information found in the materials without the express permission of the XX Organisation. Requests and inquiries concerning reproduction and rights should be addressed to XX Organisation, GPO Box 1111, Canberra ACT 2601 or email Copyright@XXOrganisation.edu.au.

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Copyright notice: short form

© Commonwealth of Australia 2010

© Vanessa Tuckfield 2004

© Canberra Institute of Technology 2006

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Three hats of copyright

Personal use

What you can do in privacy of own home

Work use

What you can do in business, professional

Student use

What can you do as a student doing research & study

© Canberra Institute of Technology

2010

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Length • Literary, dramatic,

musical• Artistic• Sound recordings,

film• Broadcast signals• Directors• Performances• Published editions• Crown copyright

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© Canberra Institute of Technology

2010

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Educational Purposes Statutory provisions Statutory licenses Voluntary licenses Open access licenses Purchased resources Shared resources (internally – externally)

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Statutory provisions Insubstantial portion In class performance Limited unavailable sheet music Library preservation Examination papers By hand 200AB

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Statutory licenses Part VA (Screenrights) Part VB (CAL)

EUS School based voluntary license

(APRA/AMCOS/ARIA)

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Open access licenses Creative commons AEShareNet instant

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Creative Commons www.creativecommons.org Attribution Non-commercial No Derivative Works Share Alike

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Aesharenet licences http://www.aesharenet.com.au/ Free for Education U – Unlocked Content S – Share and Return P – Preserve Integrity

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Purchased resources C – Commercial Licence E – End-user Licence Copying licenses Purchasing CD of royalty free material Music licences All rights reserved

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Fair DealingThe Australian Copyright Act contains “fair

dealing” provisions that apply to all categories of copyright materials. The defences require that the dealing be for one of the specified purposes:

research or study, criticism or review, reporting the news, parody & satire, or Providing professional advice

© Canberra Institute of Technology

2010

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Fair Dealing: 10% 10% of the number of pages or One chapter (if its divided into chapters)

either printed or electronic or An article from a newspaper, magazine or

journal (or more than one if its on the same subject) or

10% of the number of words in an electronic work (Internet/CD-Rom etc)

© Canberra Institute of Technology

2010

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Fair Dealing: Fairness1. Why do you want it? 2. What type of work is it? 3. Can you easily get your own copy? 4. What effect will the copies have on

the market, or value of the work? 5. If its part of a work, how much, how

important or distinctive is it, in relation to the entire work?

© Canberra Institute of Technology

2010

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Policies

• Staff Policy includes– What to use– Preferred citation on resources– Preferred resource licenses

• Student policy– Work within copyright law– Actions that can be taken

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Infringement

Civil actionDamages, delivery of equipment,

injunctionIndividuals fines up $60, 500 and/or 5

years imprisonmentCorporations 5 times those

amounts

Criminal actionOn the spot fines

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Copyright Kitchen

Provides support and advice on this topic. http://copyrightkitchen.flexiblelearning.net.au/

• Vanessa Tuckfield Copyright Officer Benchmarking and Research | Australian Flexible Learning FrameworkCanberra Institute of TechnologyT (02) 6207 3158 | F (02) 6207 3379 | M 0416 169 313 | E vanessa.tuckfield@cit.act.edu.au Post: GPO Box 826, Canberra ACT 2601