Copyright Information for All Students

Under Australian law a wide variety of material is protected by copyright, including literary works (e.g. novels, poems, essays, books, journals, newspapers); dramatic works (e.g. plays and screenplays etc); musical works (e.g. sheet-music); artistic works (e.g. paintings, sculpture, cartoons, photographs, illustrations etc); sound recordings; films; television and sound broadcasts. Material in all formats is covered: hardcopy, electronic, on the internet, etc.

Copyright owners have certain rights in relation to their works, including the rights to reproduce the work (e.g. photocopy, print, download or scan it) and communicate it to the public (e.g. make make it available online or by electronic transmission).

As a student, you have certain rights in relation to copyright material: provided you do so only for non-commercial, educational purposes, you can copy limited amounts from some (though not all) kinds of copyright material.

It is essential that you know and remember what you can and can’t copy. Many copyright owners are now pursuing their rights vigorously and are prepared to take students to court for breaching their rights.

Extracts from a literary or dramatic work

The “fair dealings” provisions of the Copyright Act provide that students don’t need to get the permission of the copyright owner to copy literary or dramatic works provided their copying is for the purposes of “research or study” or “criticism or review”.

Any copying you do under these provisions must be considered to be “fair”. You should not normally exceed the following limits:

For periodicals/journals/newspapers: one article in an issue (you can copy more than one if the articles relate to the same subject)
For books: 10% of the pages or one chapter (whichever is greater)
For material in a digital format, not covered by a licence or other "contractual agreement", you can copy one chapter (if the work is in chapters) or 10% of the number of words (if it is not divided into chapters). For digital works covered by licence or contractual agreement, you must abide by the terms of the licence/contractual agreement.

Normally you should only make a single copy, for your own individual use. You should only make multiple copies if your purpose is “criticism or review” e.g. if you are making a tutorial presentation which involves commenting on the work and you need to provide all the students in the tutorial with a copy of an extract from it.

Artistic work

Artistic work can be copied under the "fair dealing" provisions of the Copyright Act, without obtaining the copyright owner's permission, so long as the copying is for the purposes of “research or study” or “criticism or review.

“Artistic work” for copyright purposes includes paintings, sculpture, cartoons, photographs, illustrations etc. It does NOT include moving images or animations - these would normally be defined as films.

The artistic work can be copied in its entirety – it is not necessary to limit yourself to 10% of it. To be fair, you should normally limit yourself to a single copy unless multiple copies are required for purposes of criticism or review.

Sound recordings and film/video clips

The Copyright Act contains provisions (sections 103A and 103C) which allow you to copy a small amount of an audio-visual item, including sound recordings and film /video clips, for the purpose of research and study or criticism or review.

When relying on these provisions to copy part of a sound recording or film clip for the purpose of critiquing or otherwise including the work as part of an assignment you must provide sufficient acknowledgement of the material copied by referring to the title, author etc to the extent that this is applicable.

Note: The courts have given very little guidance, so far, on the amount of an audio-visual item that can be copied under the fair dealing provisions without infringing copyright.

Radio and television broadcasts

If you need to use material from a broadcast (radio, television, cable or satellite) for educational purposes (e.g. to analyse the broadcast as part of your course or to replay it in class as part of a tutorial presentation), it is best to rely on the College’s Part VA statutory licence.

You can make an analogue or a digital copy, e.g. audio-tape, video-tape, or some electronic medium. Conditions apply. The copy you make must only be provided to AMC staff and students and must include the prescribed labels and warning notices (available from the Copyright Compliance Officer/Library).

Library e-journals and databases

Almost all the e-journals and databases to which the Library subscribes are covered by some kind of contractual agreement. All permit copying of limited amounts of material for non-commercial, personal educational use but other terms and conditions vary.

If you wish to copy material from Library e-journals or databases for purposes other than non-commercial personal educational use, you must contact the Library.

Material on the Internet

Material on the Internet is covered by copyright: it is NOT "copyright free".

Some Internet sites stipulate conditions on copying their content. These are normally located on the site's homepage under headings such as "Copyright", "Terms of Use", or "About [this site]". If the site contains conditions, especially if it is password-protected or covered by a contractual agreement, you must abide by the terms and conditions stated or seek an exemption from them.

If an internet site is not password-protected or covered by a contractual agreement, and you wish to copy material from it for educational purposes, you may be able to rely on the fair dealing provisions of the Copyright Act, though it is often difficult to interpret the limits applicable.

For literary and dramatic work, your copying should be limited to one periodical article, one chapter or 10% of the words. However, it is often difficult to interpret how much this is as material on the Internet is not generally conveniently divided into articles and chapters, and word counts are rarely given. If in doubt seek permission to copy from the copyright owner - start by emailing the site’s owner. If you are still unsure, contact the Copyright Officer.
An artistic work can be copied in its entirety - you do not have to limit yourself to 10% of it. Note that, for copyright purposes, "artistic work" does not include animations or moving images - these are considered films.
If you need to copy music, film, video or other audio-visual material from the internet for educational purposes, you must first check the use of computing and communications facilities policy. You should normally only make a single copy, for your own individual use. You should only make multiple copies if your purpose is “criticism or review” e.g. if you are making a tutorial presentation which involves commenting on the work and you need to provide all the students in the tutorial with a copy of an extract from it.

Software

AMC has contracts with many software vendors which enable the use of that software by specific groups of computer users, or for specified applications and which acknowledge the ownership of the copyright in the software. The use of such software outside the terms of the contracts is prohibited. In particular, unless authorized by the copyright owner, you must not copy software on College computers or personally owned computers using College network facilities.

Any copying you do from software manuals must be in accordance with the fair dealing provisions relating to extracts from literary or dramatic work.
The Library also buys some software for students to use – either inside the library or by borrowing it. This software is also covered by contract and cannot be copied unless specifically permitted by the contract. For additional information, contact the Library.

Illegally copied software from any source cannot be run on College computers or personally owned computers using College network facilities. Penalties apply.

Copying with permission of the copyright owner

Copyright owners are sometimes willing to grant permission for students to copy their material for non-commercial, educational purposes. You just need to ask.
Ensure that you get permission in writing and keep a record of it in case you are challenged at a later date. Make it clear in your letter/email how you intend to use the material and who will have access to it. Abide by any conditions imposed by the copyright owner. Make it clear on any copies you make that the material has been copied with the permission of the copyright owner.

Do not assume however that the author of a published work is the copyright owner; sometimes authors assign copyright ownership to a publisher. The Library may be able to help you to trace a copyright owner. For further help contact library@amc.edu.au.

Plagiarism, citation and "moral right”

Plagiarism is the deliberate presentation of the work, idea or creation of another person as though it is your own (also known as “cheating”), or making a deliberate secret agreement with another party or parties to create a piece of work or idea as though it was your own (also known as “collusion”).

The College regards very seriously any acts of cheating, or dishonesty by way of plagiarism and there are a range of penalties which may be imposed on a student for plagiarism.

"Moral rights" are rights relating to a creator's reputation in connection with their work. The creator of a work has the legal right to be attributed as the creator of the work and the right to have the integrity of the work respected, i.e. a creator's work should not be subjected to derogatory treatment nor should you do something to a creator's work that is prejudicial to the reputation of the creator.

If you copy material it is essential that you include a citation clearly indicating its source. The Library provides guides on to how to cite material properly.

Ownership of copyright in student work

Under AMC’s Intellectual Property Policy, AMC undergraduate students generally own the copyright in original work they create.

Staff who want to copy or communicate your work need to obtain your permission. A standard permission form has been developed for this purpose. Although it is not essential, you may wish to indicate your copyright ownership on any work you create by including a copyright notice. The notice should include the copyright symbol, your name, the year you created/published the work, your contact details and any conditions of use you wish to impose.

Prior to embarking on their course of study, postgraduate students may be asked to grant the College a non-exclusion licence in respect of certain Intellectual Property which may be generated by them in the course of their studies. (See AMC Intellectual Property Policy)