Copyright Information

For staff, researchers and students.

IP Policies, Procedures and Principles at CQUni

Policies

All University policies are available on the official Policy Portal .
Some of these may be accessible to CQUniversity staff only, and can only be viewed by logging into the website at the top left of the Policy website.

Staff and students are advised to read the following copyright-related policies:

See also:

What is CC Zero?

When a work is in the public domain, it is free for use by anyone for any purpose without restriction under copyright law. Public domain is the purest form of open/free, since no one owns or controls the material in any way

1 When does a work enter the public domain?
2 Creative Commons public domain tools
3 Appropedia's Public Domain Search
4 See also

(Created by Creative Commons.org CC BY 4.0.)

Copyright Ownership?

The creator is generally the first owner of copyright, unless an employee has created a material as part of their role at CQUniversity Australia or with other co-authors.

If there is any uncertainty, refer to any agreement or contract that may have been signed prior to the creation, or write and sign one that includes all parties.

Further reading, see CQUniversity Australia IP Policies.

Copyright Owner's Rights

Depending on the type of material, the exclusive rights of the copyright owner may include the right to:

“reproduce” the work in material form (including photocopying, taping, scanning, digitising, filming, and CD burning);

“perform” the work “in public” (including screening, reciting, playing or performing the work, except in a private and domestic setting);

“communicate” the work to “the public” (including emailing, broadcasting, streaming or uploading material online); and

“adapt” the work (including translating a work into a different language or arranging a piece of music).

Creative Commons Licenses

Attribution CC BY

Allowed to share (to copy, distribute and transmit the work), remix (to adapt the work) and use it for commercial purposes provided you attribute the work in the manner specified by the author or licensor.

Attribution-NoDerivs

Allowed to share (to copy, distribute and transmit the work) and use it for commercial purposes provided you do not alter, transform or build upon the work and you attribute it in the manner specified by the author or licensor.

Attribution-NonCommercial-ShareAlike               

Allowed to share (to copy, distribute and transmit the work) and remix (to adapt the work) provided it isn’t used for commercial purposes, you attribute the work in the manner specified by the author or licensor and you distribute it under the same license.

Attribution-ShareAlike               

Allowed to share (to copy, distribute and transmit the work) and remix (to adapt the work) and use it for commercial purposes provided if you alter, transform or build upon the work provided you distribute it under the similar license.  You must attribute the work in the manner specified by the author or licensor.

Attribution-NonCommercial               

Allowed to share (to copy, distribute and transmit the work) and remix (to adapt the work) provided it isn’t used for commercial purposes.  You must attribute the work in the manner specified by the author or licensor.

Attribution-NonCommercial-NoDerivs               

Allowed to share (to copy, distribute and transmit the work) provided you do not alter, transform or build upon the work or use it for commercial purposes and you attribute it in the manner specified by the author or licensor.

Watch this video for a summary of the above licenses.

Australian National Data Service - ANDS

Open Access material is also about your research data. ANDS Vision: More Australian researchers reusing research data more often.

The Australian National Data Service (ANDS) endeavours to:

  • Make better use of Australia’s research outputs
  • Enable Australian researchers to easily publish, discover, access and use data
  • Enable new and more efficient research

Better Data: Better Research -http://ands.org.au/betterdata/index.html

Why manage data?

  • Preserve the integrity of the research
  • Allow data to be made available for others to use
  • Assist researchers to reduce the risk of data loss
  • Secure continued access to the value in data

Why connect data?

  • Interlink data to people to projects to publications
  • Improve the discoverability of data
  • Tie data to research achievements
  • Provide richer context for data value

Why make data discoverable?

  • Enable the demonstration of research excellence
  • Allow researchers to build upon existing data, instead of recreating it
  • Foster innovation
  • Provide the ability to solve big problems across discipline boundaries

Why reuse data?

  • Verification of research claims
  • New discoveries from existing data
  • Integration of sets of data for new analysis
  • Re-analysis of expensive, rare or unrepeatable investigations
  • Reduction of duplicated effort

The ANDS Research Data Commons offers:

  • Shared data collections
  • Relevant descriptions of those collections
  • An infrastructure for populating and using the commons
  • Links between the data, researchers, research, instruments and institutions

ANDS also has a YouTube Channel! http://www.youtube.com/user/andsdata

Some tips from Suber's article:

  • Submit your articles to an Open Access Journal
  • Deposit your Author Accepted Manuscript in an Open Access Repository (such as our Institutional Repository - ACQUIRE)
  • Ask publishers about retaining the rights you need to publish open access as well
  • Deposit your datasets in an Open Access Repository (such as our Institutional Repository - ACQUIRE)
  • Work with your professional societies to make sure they understand Open Access
  • Educate the next generation of scientists and scholars about Open Access – discuss OA with your colleagues
  • Referee a paper or serve on the editorial board of an Open Access Journal - www.doaj.org

Extract from Suber, P 2007, http://www.earlham.edu/~peters/fos/do.htm.

Request for Permission Forms

These forms are for seeking permission to use third-party copyright material from the copyright owner. Once you have received written permission, you must lodge a copy with the Library's Resources team for record keeping purposes.

Copyright Statuses

Copyright

Statuses

Public Domain

Open Educational Resources (OER)

Copyrighted
Definition

Public domain is when copyrights have expired or have been waived.

(No rights reserved).

The late 20th century saw an increase of open licensed materials which are freely accessible and can be reused, shared and sometimes modified for educational purposes. Most frequently found: Creative Commons, Open Access (Gold and Green) and GNU General Public licence.  (Some rights reserved).

All rights reserved to the copyright owner.

Terms & Conditions

Works in the public domain may be marked like this:

"Public Domain" or "PD" or "CC0" or "CC Zero" or 


See the Australian Copyright Council Duration of Copyright Infosheet, especially p. 5-6, to identify if the copyright in the work may have expired.

OER works may include these legal phrases in their Terms and Conditions:

  • "Free for educational purpose"
  • Educational use
  • Personal or non commercial use
  • Use in your organisation
  • Licensed under a Creative Commons... 

Copyrighted works can include the legal phrase "copyright" or the © symbol.

In Australia, this symbol is not required for a work to be copyrighted.

In the absence of terms and conditions or licence information, assume the work is copyrighted and use it as such.

Copyright Statuses (copyright-@-cquniversity site)

Copyright

Statuses

Public Domain

Open Educational Resources (OER)

Copyrighted
Definition

Public domain is when copyrights have expired or have been waived.

(No rights reserved).

The late 20th century saw an increase of open licensed materials which are freely accessible and can be reused, shared and sometimes modified for educational purposes. Most frequently found: Creative Commons, Open Access (Gold and Green) and GNU General Public licence.  (Some rights reserved).

All rights reserved to the copyright owner.

Terms & Conditions

Works in the public domain may be marked like this:

"Public Domain" or "PD" or "CC0" or "CC Zero" or 


See the Australian Copyright Council Duration of Copyright Infosheet, especially p. 5-6, to identify if the copyright in the work may have expired.

OER works may include these legal phrases in their Terms and Conditions:

  • "Free for educational purpose"
  • Educational use
  • Personal or non commercial use
  • Use in your organisation
  • Licensed under a Creative Commons... 

Copyrighted works can include the legal phrase "copyright" or the © symbol.

In Australia, this symbol is not required for a work to be copyrighted.

In the absence of terms and conditions or licence information, assume the work is copyrighted and use it as such.

Once you have identified the copyright status of the work you wish to share with your students (Public Domain, OER or copyrighted), please proceed to Step 2: Apply instructions related to the identified copyright status of the work to share.

Copyright Statuses for OA

Copyright

Statuses

Public Domain

Open Educational Resources (OER)

Copyrighted
Definition

Public domain is when copyrights have expired or have been waived.

(No rights reserved).

The late 20th century saw an increase of open licensed materials which are freely accessible and can be reused, shared and sometimes modified for educational purposes. Most frequently found: Creative Commons, Open Access (Gold and Green) and GNU General Public licence.  (Some rights reserved).

All rights reserved to the copyright owner.

Terms & Conditions

Works in the public domain may be marked like this:

"Public Domain" or "PD" or "CC0" or "CC Zero" or 


See the Australian Copyright Council Duration of Copyright Infosheet, especially p. 5-6, to identify if the copyright in the work may have expired.

OER works may include these legal phrases in their Terms and Conditions:

  • "Free for educational purpose"
  • Educational use
  • Personal or non commercial use
  • Use in your organisation
  • Licensed under a Creative Commons... 

Copyrighted works can include the legal phrase "copyright" or the © symbol.

In Australia, this symbol is not required for a work to be copyrighted.

In the absence of any terms and conditions or licence information, assume the work is copyrighted and use it as such.

Once you have identified that the copyright status of the work you wish to share with your students is OER/OA, please proceed to Step 2: Apply instructions related to the identified Open Access status of the work to share (here below).

Seeking copyright permission for educational purposes

WHY ?

Ever wished to share more than a chapter of a book with your students? Do you wish to show a DVD in class that is being recorded for later use? Would you like to make a song form a Cd available for download by students in mp3 format? Would you like to photocopy sheet music of an orchestral work?

All of thes above scenarios are beyond what the Statutory and Music licences for educational purposes allow you to copy and communicate with your students at CQUniversity. The only options are to either find an Open Educational Resources (OER) or seek permission directly from the copyright owner/s. 

WHEN ?

The copyright owner's permission is required if you want to use any of the following for teaching purposes:

  • students' work
  • unpublished personal material such as letters, emails, photographs
  • any material that is outside of, or in access of, use permitted under the Copyright Act and other educational licences, agreements and contracts.

HOW ?

Course Coordinators are responsible for the obtaining of permission from the copyright owner if required. Correspondence with the copyright owner, whether by email or letter, should cover the following points:

  • Who the copyright owner/s are and your details, including relevant names and contact details - use letterhead if appropriate. 
  • What material is to be copied or communicated precisely, including which part or parts of the work you want to copy, including page numbers, chapter titles, or any artworks included. 
  • How the material is going to be used? Is it to be put online for student access, or used in slides, etc.? 
  • How long will the permission last? Is it a one-off copy or will the material continue to be shared for a set period of time? 
  • Will the copyright owner be acknowledged as the author or publisher in any way on your copies (beyond usual citation)? 

A standard letter and permission form are available [here].

WHO is/are the copyright owner/s ?

Copyright owners can be difficult to trace or may simply not respond, so allow plenty of time to make contact, and be prepared to use an alternative strategies such as using a different resource or copying under one of the Statutory and Music licences for educational purposes, if contact cannot be made. Publishers and other organisations which manage copyright often have a website that facilitates permission requests.

The following collecting societies may have information about copyright owners and how you can ask for permission, or may even be able to licence use of the material:

Registering granted permissions

You must email a copy of your written permission to use resources beyond the Statutory and Music licences for educational purposes with the Library’s Course Resources Online (CRO) Services.

Getting Commercial?

Third-party works reproduced with permission from the copyright owner/s for educational purposes may not be sold unless the commercial clause has been specified in the agreement signed by the copyright owner/s and agreed upon. Contact Copyright Services for more information.

Statutory and Music Licences for Educational Purposes

Universities Australia (formerly the Australian Vice-Chancellors Committee) has negotiated licences/agreements on behalf of Australian Universities with the collecting agencies (Copyright Agency Limited CAL; Screenrights; VISCOPY, APRA, AMCOS, PPCA).

1/ Use of Print & Graphic Works (Part VB - Copyright Agency Limited)

  •  Universities can rely on the agreement to make copies of "reasonable portions" of works for educational purposes, without having to first seek permission from copyright owners.
  • This licence applies to literary, dramatic, artistic or musical works (sheet music), but it excludes computer programs and software.
  • When you are ready to share a copyrighted work with your students, please refer to this document for the next step.

2/ Use of TV & Radio Broadcasts (Part VA - Screenrights)

  •  Universities can rely on the agreement to make copies of any program, film or advertisement which is broadcast on Radio and Television for educational purposes, without having to first seek permission from copyright owners.
  • Part VA now includes the copying and communication of content of a free‑to‑air broadcast, which the broadcaster has made available online at or after the time of the broadcast, eg ABC Radio Podcasts.
  • Digital copies must include the following information: Made for CQUniversity under Part VA of the Australian Copyright Act 1968; Date of broadcast; Date this copy made; Channel/Station. To share broadcasts with your students, you must submit a Course Resources Online form.

  • Check out the collecting agency Screenrights' fact sheet for general details.
  • When you are ready to share a copyrighted broadcast with your students, please refer to this document for the next step.

3/ Music Societies Agreement

  • Under the agreement CQUniversity is able to reproduce, communicate and perform an extensive repertoire of musical works without having to obtain prior permission of copyright holders. 
  • Important: Only the repertoires of the signatory Music Societies are included in the agreement. Check this list to see if the music you want to use is covered by this agreement. (Note that some recordings are expressly excluded.): List of Music Licensors, Labels and Publishers 
  • Specific queries that you might have as to whether a particular sound recording is covered by the Music Licence can be directed to: Elizabeth Stanton - Print Music & Educational Licensing Coordinator - print@apra.com.au. You must cc copyright@cqu.edu.au in your correspondence with APRA-AMCOS.
  • If f the record label/producer of the music you want to use is not on this list, you will have to seek permission from the copyright owners before you can use it. Check the 'Search Works' facility on the APRA website or try searching on the Australian National Library's Music Australia site.

 

Models of Publishing

There are two models for Open Access publishing:

Green - the author self-archives at time of submission

  • Usually deposited in an open access repository eg. ACQUIRE (CQUniversity’s Institutional repository), arXiv (discipline repository – physics).
  • Usually hosts the Author's Accepted Manuscript (AAM), post print, or even a preprint.

Gold - the author or author's institution pays a fee to the publisher to make the material available for 'free'

  • Generally published in open access journals.
  • Journals conduct peer review.
  • Authors retain copyright.

For more information take a look at:

Peter Suber 2012  http://www.earlham.edu/~peters/fos/overview.htm