Copyright for Teaching Purposes
The Statutory Licence for Reproduction and Communication of Text and Graphic Works - The Part VB Licence
The Part VB Licence allows the reproduction and communication of text and graphic works for the educational purposes of the University. It is often referred to as the CAL Licence and covers all copying of print and graphic works - photocopying, copying to slides, microfiche or overhead transparencies, scanning into electronic form and copying from the Internet. The Licence covers copying from either hardcopy (print or paper) or electronic (digital or internet) form, and reproducing it or communicating it without having to seek explicit permission from copyright owners if it is for 'educational purposes'. Educational purposes includes the following uses:
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teaching students of UNE
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making the copy available to students, or communicating to students, as part of a course of study at UNE
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retention of a copy as a UNE teaching resource (in office, School or library)
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for the administration of students and courses.
A number of conditions must be complied with in order that the intended use is covered by the statutory licence:
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Copying and communication must be for educational purposes.
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Copies must not be sold except on a cost recovery basis.
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Copies must only be distributed to staff and enrolled students
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Marking requirements and quantity restrictions apply.
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Online access needs to apply campus wide restrictions and password access. This is managed via eReserve.
For the purposes of the Licence:
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'reproduction' means any form of copying, for example photocopying, printing, downloading, scanning
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'communication' means both 'making available online' and 'electronically transmitting'. A work is made available online when it is uploaded onto a server in a form which is able to be accessed by students. A work is electronically transmitted when it is sent as a file attachment or an email to another person.
In the UNE context, this licence may be relied upon to:
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compile material from journals, books and web pages and distribute to students on a CD or as a print pack
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email articles from journals to students in a particular unit
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put teaching resources from journals, web pages and books online in eReserve for students to access.
Note: A student can receive the same article in any or all of the above ways so long as the copying limits are observed.
Limits on the amount that can be copied or communicated
The licence imposes limits on the amount that can be copied and communicated. The amount of a particular item that can be copied and/or communicated in the electronic environment depends on the format of the original material. These copying limits are set out for you on the page called Copying Limits under the Part VB Licence.
Campus-wide restrictions
An important limitation on the communication of works is that if a university wishes to make available online a reasonable portion of a work (other than an article contained in a periodical publication) it can only do so if no other part of the same work continues to be made available at the same time. In other words, if the School of Arts has copied a chapter of Patrick White's Voss, and made this available online, no other school in the university can make another part of the same work available online in reliance on the Part VB licence until this first part is taken down.
For this reason, at UNE all material that is to be communicated online is centrally managed by the University Library through eReserve.
Warning Notices
Each licensed communication must contain a warning notice. The notice must be prominently displayed on each electronic copy made in reliance on Part VB and whenever a copyright work is communicated (i.e. made available online or electronically transmitted by email, or viewed on CD-ROM) in reliance on Part VB. It must appear either before or at the same time as the material being communicated appears on the screen. Link to the Part VB warning notice
Referencing
Under Moral Rights laws, but also because it is good academic practice, all references need to be properly sourced. The UNE Referencing Guide should be used as a guide.
Cost Recovery
If any teaching material (e.g. CD-ROMs) produced in reliance on Part VB are sold to students, the cost needs to be calculated on a cost-recovery basis only. More detail about this can be found on the page Reproducing and Selling Copyright Material for UNE Units.
