Copyright & intellectual property

You can use copyright material for research or study provided the use is “fair”. The Australian Copyright Act sets out two situations which can be considered fair and also gives some guidelines for this purpose.

It is “fair” to copy a reasonable portion of text or notated music. If you are copying from a print or hard copy edition of 10 or more pages you can copy:

• 10% of the number of pages; or
• Or one chapter

For text in electronic form you can copy:

• 10% of the number of words; or
• One chapter

The Act also provides some important guidelines for you to work out if your use is “fair”. Check the following points:

1. The purpose and character of the use; for example, is it for a set course of study?
2. The nature of the work; is the work of high skill or mundane work?
3. Can the work be purchased within a reasonable time at an ordinary price; it is probably unfair to photocopy a large portion of a work if it can be purchased.
4. The effect of the use on the potential market for, or value of the work; making a copy would be unfair if the publisher sells or licenses copies.
5. If only part of the work is used, is the amount a ‘substantial portion’? For example, you may want to copy a few lines of a short poem.

You can:

• Copy a whole article from a newspaper or magazine
• Copy a photograph from a newspaper or magazine as long as it is not separately available.
• Copy from the Internet for research (unless there are restricting terms and conditions) and save the material to disk or print.

You cannot:

• Email copies of anything you have downloaded from the Internet to share with others.

There are ‘fair dealing’ exceptions for copyright if you are using the work for study and research or criticism and parody but the use must be “fair”. For more information about use of works under ‘fair dealing’ an Information Sheet is available from the Australian Copyrights Council's website Australian Copyrights Council's A to Z list under "F" for fair dealing.

In the United States there is an exception called ‘fair use’ but this is not available in Australia although it is under consideration by the Australian government.

The Copyright handbook for researchers will provide some basic copyright information for students preparing a thesis or writing an article for publication. The handbook can also provide publishing information for staff who may wish to know more about dealing with ownership, publisher licences and data management.

Generally copyright in a work lasts for the life of the author and 70 years but certain works will have different periods of duration. For more information an Information Sheet is available from the Australian Copyrights Council's website Australian Copyrights Council's to Z list under "D" for duration.

You may freely use material which is no longer in copyright or you may seek to use material which is under a Creative Commons licence and available for use under simple terms with acknowledgement.

If you have a disability, Accessibility Services can provide you with  a range of support measures and technical resources provided by the Library and other areas of VU.

The Australian Copyright Council has a Fact Sheet “Disabilities: Copyright Provisions” which stresses that the Copyright Act allows “organisations assisting people with a print disability or an intellectual disability to use copyright material without permission in some circumstances.

Under section 200AB the hearing impaired can access a captioned version of a video but according to the terms of the Act, the person would also need to establish that the use did not conflict with normal exploitation of the material and that the use did not unreasonably prejudice the legitimate interests of the copyright owner. (ACC, fact sheet, Disabilities: Copyright Provisions).

The Australian Copyright Council Information Sheet on the Copyright Provisions for people with a disability can be found by browsing their A to Z list under "D" for Disability.

"Commercial Use" can be any activity that is:

• conducted externally of the VU premises or network, or
• not part of a Victoria University higher education or TAFE course, or
• not part of a Victoria University student/staff research or study, or
• conducted for a profit.

The following are examples of "commercial" activities:

• University promotion and marketing (for example print, radio or TV Media)
• University administration (for example internal newsletters)
• any activity that makes a profit (for example publishing a book or a profit making event).

Teaching, research and study are examples of "non commercial" activities.

What can I copy?

If your activity is commercial, you cannot rely on VU's Educational or Statutory Licences or the Copyright Act's Fair Dealing exceptions.

If your commercial material contains third party material, you'll need to get the permission from the copyright owner.

For example, if your VU marketing poster contains a photograph you downloaded from the internet, then you'll need to gain permission from the copyright owner of that photograph unless it is out of copyright or in the public domain.

What can I copy without permission?

There are several options available that don't require the copyright holder's permission:

• you can copy an insubstantial portion
• you can use material protected by a suitable Creative Commons licence
• you can use material that is owned by VU
• you can use material that is no longer protected by copyright.

Permissions

If the third party material is protected by copyright, and you need to use it as part of your commercial activity (as defined above), then you may seek copyright permission from the copyright holder.