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Copyright and teaching
Each staff member is responsible for complying with copyright law.
If you answer yes to any of these questions, please consider the following information. Working in the university does not provide a free rein for copying anything and everything, nor does it provide an unlimited forum for distributing content by email or putting content online. The law in Australia does, however, provide some special allowances for educational institutions to make copies of works, or to put materials online, without having to apply to the copyright holder for permission in each case. Generally, when you use (copy or put online) any third-party copyright works at Monash you will be doing so either
Preparing course materialsStaff who include 'third-party' copyright material (excerpts from books, content found on the Internet, etc.) in course or unit study materials need to follow the limits and requirements imposed by
All course materials should contain an appropriate Monash copyright statement. The statements and other tips on creating copyright compliant courseware are available on the Resources and Downloads section of this site (NB Access restricted to Monash University staff and students). Please note that, under the Monash University Intellectual Property Statute (11) Monash University owns all course materials (or compilations thereof) including lectures, as created by its employees unless otherwise agreed. Use of these course materials for purposes other than Monash University activities will require permission from the University. The University Solicitor's office website provides a useful explanatory memoranda on what the University owns under the Monash University Statute 11.2 Intellectual Property (PDF) and Regulations.(PDF). Amounts you can copy under the CAL licence for educational purposesThe educational allowance relating to text and graphical content within the Copyright Act (Part VB) under the Copyright Agency Limited (“CAL”) Licence provides for the following amounts, or types, of works to be copied or put online for educational purposes (note there are additional requirements where you intend to use the content online, see below)
Using e-journal, ebook or database articlesJournal articles or ebook chapters sourced from online journal databases and electronic resources must only be used in accordance with the terms and conditions of that particular licence agreement. If you want to use ejournal articles in coursepacks for example, check the databases use table to see what is allowed. Send queries about specific licence terms through ask.monash (category Library>resources>databases) or contact the Readings and Reserve to create an online reading list that includes links to the database readings for your students. Please do not
Linking to content on the InternetThe web revolves around being able to link up content featured across different sites. In many instances it is preferable for staff to provide links only to Internet page content and licensed resources rather than 're-uploading' content from websites, ejournals or ebooks. There are, however, some risks involved in providing links to come kinds of sites or pages, especially when 'deep linking', 'framing' other websites or 'inlining'. Use common sense: if you suspect that the content to which you wish to link is, in itself, obviously infringing, do not link! Please refer to these Guidelines on linking to help avoid the risks. See also 'Using screen shots of computer software'. Putting text and images onlineStaff are urged to be especially careful when making third-party content from books available online as the restrictions imposed on the online learning environment are much stricter than those generally applied to the distribution of hard-copy learning resources. When placing book excerpts online the usual 'reasonable portion' limit (up to 10% of pages or one whole chapter) applies to the University as a whole (not per lecturer, or per unit): only one 'reasonable portion' (whether 10% or less) of a book (still in print) may be made available online by the University at any one time. The University assists staff to meet this legal requirement by providing an electronic Readings and Reserve service through the Library. Staff can send requests for the scanning of book excerpts, or for the creation of links to ejournal articles, through to the Readings and Reserve librarians. The library will then compile a reading list, providing online access to the readings via the library's servers (with appropriate copyright notices) and forwarding links to the readings lists back to the requesting staff member for inclusion within MUSO. Part VB CAL Warning NoticeWhere staff are putting other types of third-party content online in reliance on the Part VB CAL Licence (e.g. images, tables, diagrams), or if staff include third-party content in lecture presentations which will go online, the Part VB CAL copyright warning notice(below) needs to be displayed before or at the same time as the students access that content (note that it may be easier to apply this notice once in a page header or similar, rather than attach it to each individual image or item).
You can copy the notice text from this page, as above, or download this and other copyright notices from the Resources and downloads page on this site (NB Access restricted to Monash University staff and students). Lecturing and face-to-face teaching sessionsLecture notes and presentationsStaff can include various kinds of third-party materials in lectures or presentations (images, diagrams, tables, short quotes from texts) and may also access website links and demonstrate, play or 'perform' various other types of third-party content whilst delivering a lecture to enrolled students for educational (non-commercial) purposes. See below for advice about playing DVDs, CDs, films, YouTube clips or other audio/audio-visual content in lectures Staff should ensure that they
Guest lecturersWhen a guest lecturer provides a lecture, they are responsible for ensuring that their presentation or lecture content is not infringing. In some cases, guest lecturers may need to provide some kind of written assurance to the course staff or unit coordinator, indicating that they have only included images, film footage, data or other types of third-party content in accordance with a certain licence or by permission. It is especially important that guest lecturers be made aware of this obligation BEFORE they agree to present, and that they understand that, if their lecture is recorded, their lecture may be put online for students to access or download. There is a sample release form that can be used for permission to record guest lecturers in courses Lectures going onlineStaff are responsible for making their own lecture notes available online to their students, in accordance with University copyright and access policies:
Where lectures are destined for online distribution and contain third-party content (diagrams or images from books, external websites etc.,) included in reliance on Part VB (text and gaphics) or Part VA (TV / radio / broadcaster content)
Note also that some other types of licensed content (e.g. publisher provided resources that accompany a set text) might also be governed by similar restrictions: refer back to the publisher's licence agreement and seek advice from the Copyright Adviser. Using music in your teachingLimited amounts of sheet music (10% of the musical score) can be copied under the Part VB-'CAL' licence. Permission must be granted from the copyright owner (usually the music publisher) before more can be copied. The Universities Music Licence agreement permits the copying and online streaming of certain types of music and sound recordings for educational purposes. Refer to the detailed information about Music Licence. For more information about using music in teaching and learning refer to the music section of this site and see also the FAQs on using music. The library contains licensed audio and audiovisual music databases that can be linked to in moodle or from lecture slides. Two of the largest are Naxos and the Music Online. Others can be found at Music Databases. Access to the databases must be restricted to students and staff of Monash only. Any questions about the use of these databases can be directed to the Music Librarian. Youtube has legitimate music channels such as Vevo that contain music placed there by the rightsholder. This can be played in class or you can Embed a YouTube video in your presentation or moodle site. However, you must ensure the content you are showing is authorised as Youtube includes much potentially infringing material. Please contact the Copyright Adviser if you are unsure of the status of the material. Another source of music is radio broadcasts. These can be used under the Screenrights Licence. Music recorded from radio can also be downloaded and edited (unlike music under the Music Licence) and may allow for more flexible uses. Using sound and vision (TV, radio, DVDs, video, CDs) in your teachingStaff and students can play (but not copy or put online for download) purchased or hired videos, DVDs or CDs in a live class, provided that the audience is limited to students and teachers who are taking part in the instruction (and that no fee is charged). However, if a contract is signed as part of the sale/hire arrangement, and if this contract prevents the content from being screened in anything but a private or domestic setting, then a 'public screening' (even in class for educational purposes), will risk breach of contract with the supplier/lender. Playing YouTube content in lectures/classes: there is a lot of very useful and legal content now available on YouTube. However, some of the audio-visual material found on the Internet, on sites like YouTube, is online without permission of the copyright owner. Extracts from popular songs, movies or TV shows are usually unauthorised. (Subscriber channels such as Vevo are an exception to this). These are potentially infringing files that should not be downloaded, linked to or recommended to students. Unless you are confident that the copyright owner authorised the video to be in YouTube, it is best not to show it in class or to direct students to view it (authorising someone to infringe content is also an offense). In some cases it will simply be safer to play video content that is from legitimately purchased DVDs or recorded from a broadcast under the Screenrights Licence. Refer also to the FAQs on using audio visual content on this site. Using the Part VA-Screenrights LicenceUnder the University's Part VA-Screenrights licence, staff can also copy and put online, unlimited amounts of TV and radio broadcast content (whether from free-to-air or pay TV, cable or satellite) and use this content for the educational purposes of the University.The Screenrights licence does NOT include copying or online use of any commercially produced DVDs, films or CDs, even if these are releases of TV series, documentaries or radio programs (ie you cannot copy DVDs purchased from the ABC shop or Dymocks or similar retail outlets - the licence only allows copying of TV, radio or broadcast content recorded off air or as made freely available from a broadcaster website - refer to using podcasts/vodcasts below) The Screenrights licence will not cover all uses of broadcast content, only strictly 'educational' uses:
Copies made under the Screenrights licence cannot be made available to the general public; they cannot be sold for a profit; they cannot be supplied to an organisation or institution which does not hold a current Screenrights licence. LabelsEach physical copy (disk, tape or container), made in reliance on the Screenrights licence must be labelled as follows:
There are further restrictions and additional labelling requirements when making electronic/digital copies and for online use - see below. Ordering copies of broadcast contentStaff can order copies of broadcasts through the relevant subject librarian: The library makes purchases of broadcast content from the following services:
Many Australian documentaries, news and current affairs shows (eg Australian Story, Four Corners) are already available online from the TVNews database. These programs can be streamed, downloaded and linked to for students to access directly. This content is available through the Screenrights licence. Recording broadcast contentIf staff have the equipment at home or in their department, they may make their own recordings, ensuring that the appropriate VA labels and source information are affixed to the tapes or disks (or cases thereof) and that, if the copy made is digital or copied onto a DVD, the Part VA warning notice is also displayed 'before or at the same time as students access the content' (same requirements as below - Using sound and vision online). Many Australian news and current affairs shows (eg Australian Story, Four Corners) are already available online from the monash library subscription TVNews database. These programs can be streamed, downloaded and linked to for students to access directly. Staff or departments may also choose to purchase copies directly from the recording services listed above, or from another Screenrights licence holders (ie another Australian University, as these are allowed to make copies on behalf of other educational institutions which are also parties to the Screenrights licence). Please refer also to the FAQs on audio-visual content for more information about obtaining and using broadcast content. Using podcasts/vodcasts of broadcast programsWhere an Australian broadcaster makes available a podcast or vodcast of a program (e.g. the ABC offering podcasts of 'Four Corners'; SBS radio offering podcasts of foreign language radio programs) this podcast/vodcast can also be downloaded, copied and/or put online in your unit website in reliance on the Screenrights-Part VA licence (see below for online use).
Using sound and vision online?Where the technical capability exists (and bandwidth permits), staff may also put TV and radio broadcast content online for students in MUSO unit websites, provided that
You can copy the text of the notice from the above or download this and other copyright notices from the Resources and downloads page on this site (NB Access restricted to Monash University staff and students). For most other types of sound and vision content (eg commercially produced DVDs, CD-ROMs, movies from the Internet, etc) express permission must be obtained from the copyright holder (eg, from the production company of a film, DVD or a publishing firm for CD-ROM) for any reproduction or online use of their content or you can purchase stock footage from Stock footage libraries. The library contains licensed audiovisual music databases that can be linked to in moodle or from lecture slides. See Music Online and Music Databases. Access to the databases must be restricted to students and staff of Monash only. Any questions about the use of these databases can be directed to the Music Librarian. Some online 'streaming' of music from CDs is allowed under the Music Licence. Legitimate content (placed online by the copyright owner) from Youtube can be Embedded within your presentation or moodle site. But be careful that the material is legitimate, as linking to unauthorised or infringing material can lead to liability. Please contact the Copyright Adviser if you are unsure of the status of the material. There is also a growing body of audio-visual and multimedia content that is made available by creators and copyright holders under open-content type licences (CreativeCommons, iCommons, AEsharenet, Learning Federation, etc.) and these generally allow free educational or non-commercial use. Refer to the useful links listing provided at the Resources and downloads page (NB Access restricted to Monash University staff and students). Respecting the Moral Rights of authors and creatorsAustralian copyright law recognises three types of moral rights:
Where it is possible and reasonable to do so, a clear attribution of the author or creator must ALWAYS be provided when using someone else's work. This is known as respecting the moral rights of the author/creator, and is irrespective of whether the author is the same as the copyright holder or not. Following standard academic forms of source citation will normally be sufficient. Unless an author/creator has consented not to be named (waived their moral rights); or has consented to have their work altered, you need to ensure that the third-party materials you use is correctly acknowledged (quotations, photos, images, tables, diagrams, musical works, scripts, sculptures, TV programs, commercials, films and music videos, etc) This not only ensures compliance with the author's right of attribution, it is good academic practice and prevents inadvertent plagiarism. If you do not have citations for the material you are using, you should consider whether you can substitute other works from known sources. Where it is just not possible to identify the author or creator, such an acknowledgement may be omitted. For example: a staff member wishes to put online a photograph from a book, and has permission from the publisher to do so, but can't see any indication in the book as to the name of the photographer, and the publisher has no details either. Here it would be reasonable for a staff member not to provide acknowledgement of the photographer. If you want to alter a work in a way that would prejudice the original author/s honour or reputation, this could be a breach of the moral right of integrity. If you have any questions about amending or changing an existing work please contact the Copyright Adviser. Moral rights are personal rights (ie only a person can have moral rights, not a company or organisation) and they remain with the creator of content even when the copyright in that content has been sold or assigned to another. Performers also have moral rights in their performances; and Monash students and academic staff also have moral rights in the work they create. Refer to the detailed information on moral rights available on this site and to the University solicitor’s office information on moral rights.
When to seek permissionIf your intended use of a copyright work in your teaching program is not covered by any of the above advice, then you'll probably need to seek permission directly from the copyright holder. This may be when
Remember also that audio-visual works, like films or sound recordings will have different 'layers' of copyright, relating to the written script or musical score, the actual sound recording, the visual content (for a film) and (in the case of a sound recording) the performer’s rights. If you're seeking permission for some particular use that is not otherwise covered by the educational licences, you'll need to obtain permission from all of these copyright owners.
Other Intellectual Property QueriesQuestions about ownership of copyright or other intellectual property issues should be directed to the University Solicitor's office. For IP, Copyright and other related policies and procedures, please refer to the links on the Policies page of this site. Send an email inquiry to the University's Copyright Adviser. |