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Copyright for Teaching Purposes

Including Copyright Material in a unit on a CD-ROM: The copyright considerations

Some third party copyright material in which UNE has no claim of copyright ownership, such as images, readings, text and music, can be included on a unit's CD-ROM under the conditions outlined below.

General considerations

• The CD should be made available only to UNE staff and students.
• Third party copyright materials should have an educational purpose.
• With the exception of confidential material, there is no need to seek permission to use material in which UNE owns copyright, but as a courtesy you should notify the creator of the work and acknowledge her or him.
• If you have included material with permission from the copyright owner of the work, keep a copy of the permission on file and make sure you comply with any conditions stipulated. It is also advisable to note 'Used with Permission' with the citation, to save further investigation. When seeking permission, make it clear that the material will be included on a CD-ROM for educational purposes and that access to the CD is restricted to staff and students of the University.
• If material is out of copyright, you can use as much as you want. Be careful though that what you want to use is actually out of copyright. For example, although Shakespeare’s original work is out of copyright, there may still be copyright in the edition you want to use, because of editors' or directors' notes, new images, new interpretation of text etc.
• Material which has not been 'made available to the public', such as unpublished material, student work, material obtained in confidence or under the terms of a contract of employment, requires the written permission of the copyright owner to reproduce it and include it on your unit's CD-ROM. 
• All third party copyright needs to be fully referenced and unsourced material should not be used.

Readings

Readings generally include journal articles and book chapters. They may have originated from a print source, the internet, have been copied from a Library database such as Proquest or Informit, a personal online subscription or even obtained direct from the author or copyright owner. Depending on the origin of the reading it may or may not be able to be reproduced on the CD-ROM:

• Each time third party copyright material is used it must always be fully referenced, preferably using the UNE referencing style. Ideally this reference appears as a page before the reading itself. Unsourced material should not be used.
• If your material is from a print source, the quantity restrictions under Part VB need to be observed and a Part VB warning notice is required before each reading, preferably on the preceding page with a full reference.
• Certain quantities of material that is freely available on the web (see Using Material from the Internet) can be included under the Part VB Licence with a full reference and a Part VB warning notice. However, it is usually better to provide a link to the material, especially if the site is stable.
• Do not include readings sourced from a personal online subscription because there are usually conditions of use that you entered into with the subscription. You'll need to find the readings from somewhere else, e.g. from a print source.
• Readings sourced from Proquest, ScienceDirect and other online Library subscription databases should not be reproduced on the CD, but can usually be provided as a link to the article, using a stable URL. Find out how to do this or Ask a Librarian.
• If you are using something with copyright owner’s permission, keep the permission on file and make sure you comply with all the conditions stipulated in the agreement. It is also advisable to note 'Used with Permission' with the citation, to save further investigation.
• If material is out of copyright, you can use as much as you want. Be careful though that what you want to use is actually out of copyright. For example, although Shakespeare’s original work is out of copyright, there may still be copyright in the edition you want to use, because of editors' or directors' notes, new images, new interpretation of text etc.

Note: The Part VB Licence can also be applied more widely, to cover print music, poems, some web pages, images, out of print books and the like.

Images

• Photographs, diagrams and other images prepared by employees of UNE should be marked to indicate this to save confusion and the need for further investigation. For example © University of New England 2007 or Photograph taken by A. Lecturer.
• Images such as photographs, cartoons and other artworks copied reliant on the Part VB Licence must be for valid educational purposes, not merely to enhance the look of the page. The use of images needs to comply with the copying limits of the Part VB Licence, and you must also include a full reference and a Part VB warning notice with each image.
• If you want to use images purely for decorative purposes, one of the following needs to apply: (i) you own copyright (ii) you have on file permission to use it (iii) copyright has expired.
• Where copyright owners’ permission is relied upon, marking the item appropriately can save further investigation - for example: Photograph by A. Lecturer used with permission, or © UNE 2007. Supporting documentation should be kept on file and made available to the Copyright Office on request.

Music

It is permissible to include musical works and sound recordings in teaching materials such as CD-ROM under a music licence agreement negotiated with the music collecting societies. Licence conditions apply. See Tertiary Music Licence.

Audio-visual Works

Material from radio or television broadcasts as well as some podcasts may be included on the CD-ROM under the conditions of the Part VA Licence.

Copying for off-shore students

Australian Copyright Law will not apply unless the copies are made in Australia. Copying for enrolled off-shore students must comply with the Copyright Law of the country in which the copies are made. This means that if you make multiple copies of a CD-ROM and take them to an overseas campus to teach UNE students, then the guidelines given above will apply. If, however, you take a single copy of the CD-ROM in order make copies of it overseas, the copyright law of the country where you make the copies will need to be applied and the guidelines above are not relevant.

More information

Please contact the Copyright Officer if you have questions about copyright issues in unit material on CD-ROM.