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Legal issues

Copyright

The central idea underlying the concept of copyright, and framing copyright law, is that creative and intellectual effort should be encouraged, rewarded and protected. The Copyright Act gives writers, artists and other producers of material certain exclusive rights over how, when and under what circumstances their work can be used by others.

Although copyright law recognises the special needs of students, your right to copy material from books, magazines, journals and electronic resources is still limited by various copyright laws.

As a student at UNE, you are allowed to copy up to one chapter or 10% of a printed book (whichever is the greater). You are also allowed to copy one article from an issue of a periodical publication. A periodical is something that is published at regularly recurring intervals, including journals, magazines, newspapers or annual reviews.

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Is material on the internet copyright free?

For more information about copyright and Fair Use regulations (as well as your responsibilities and liabilities), see the Australian Copyright Council. For Fair Use issues and copyright in the United States, go to the US Copyright Office, and for the UK, try the National Archives page.

The law regarding electronic publications is based on these regulations, but is more complicated.

Individual, and often varying, contract conditions are involved when the UNE Library subscribes to a database for student use. Here, the restriction to one article per periodical does not apply when you are accessing some of the full-text journal indexes such as ProQuest or Expanded Academic. However, you should read the conditions of use for each database to verify any restrictions that are in place.

Although most of the information on the Internet is copyright, you are able to copy a 'reasonable portion' of online material for private study. If you copy less than 10% of the words in an electronic document, you are safely within the law. It is also usually acceptable to incorporate individual images from the Web in a class presentation, but you must acknowledge your source. If, say, you decide to reproduce online material (such as photographs or articles found on the Web) in a student magazine, this is a different matter. You need to obtain permission from the copyright owners.

Intellectual property

Consider, if you, or anyone else in your class, discovers the cure for cancer, develops an anti-gravity device or writes a bestselling novel or blockbuster movie script. You do not want others to steal your work and pass it off as their own, and make a profit and build their reputations from what is your intellectual property.

As your studies continue, it is likely that you might participate in research projects that have potential economic implications. In these circumstances, you need to ensure that you do not violate the intellectual property rights of others by disclosing confidential information or by claiming the results of their research as your own.

For further information, please read the University's IP Policy.

Plagiarism

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Test your understanding of plagiarism

  • go to the factsheet Avoiding Plagiarism produced by the Academic Skills Office
  • read page 1
  • do the test on page 2

A related issue is plagiarism, the practice of taking, and passing off as your own, the thoughts or writings of another without acknowledgment. This practice is not acceptable and is a violation of the rights of others. In plain language, it is stealing, and attracts serious penalties.

UNE has clear and detailed policies on plagiarism which you should familiarise yourself with. Please read the University's policies on Plagiarism and Academic Misconduct.

As a student, it is your right and your responsibility to know about plagiarism and protect yourself from this serious charge. If you are found guilty of plagiarism, you may suffer serious penalties, including being expelled from the University, so make it your business to understand what plagiarism is and how to avoid it.

Make sure you read carefully the handbooks and other materials provided to you in your units that include information on plagiarism in your discipline area(s).

The UNE Academic Skills Office produces a range of clear, easy to understand material on plagiarism and how to avoid it - Avoiding Plagiarism and Academic Misconduct.

For further information on plagiarism, have a look at the site You Quote It, You Note It! from the Vaughan Memorial Library, Acadia University in Canada.

Plagiarism podcasts

The ASO has prepared a number of podcasts on plagiarism, which are well worth hearing. If you need asssistance with playing or saving the podcasts, see the Library Podcast FAQ.

ASO Information on Plagiarism: Plagiarism Part 1 [Text]

Play/Download

Student and a Lecturer Talk about Plagiarism: Plagiarism Part 2 [Text]

Play/Download

Common Questions and Answers About Plagiarism: Plagiarism Part 3 [Text]

Play/Download

Plagiarism, the Internet, and Student Learning : Improving Academic Integrity

For an in depth analysis of the issues surrounding plagiarism and universities in Australia, look at this title.

Information technology

UNE has obligations to provide fair and equitable access to the services and information controlled by the Information Technology Directorate. In meeting these obligations, the University requires students and staff to abide by rules regarding the non-commercial use of UNE facilities, data privacy and security. When at UNE, you must abide by the Computing Rules.

UNESCO has established an Observatory to raise awareness of the ethical, legal and societal issues brought about by new communication technologies. The UNESCO Observatory on the Information Society site will assist you in enhancing your knowledge of these issues, and your ability to work within, and across, local, national and global systems and networks.

©[rewrite] Donna Lee Brien, School of English, Communication and Theatre, University of New England 2006

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