Murdoch University Copyright Policy PDF

Murdoch University Policy COPYRIGHT POLICY Printed copies are for reference only. Please refer to the electronic copy in the Policy and Procedure Manager (PPM), the electronic policy management system (EPMS), to ensure you are referring to the latest version. Purpose: To describe the use and mana...

Murdoch University Policy COPYRIGHT POLICY Printed copies are for reference only. Please refer to the electronic copy in the Policy and Procedure Manager (PPM), the electronic policy management system (EPMS), to ensure you are referring to the latest version. Purpose: To describe the use and management of copyright material at Murdoch University. Audience: Staff, Students Objectives: To comply with the Act. To comply with and manage the statutory and other copyright licences entered into by the University. Definitions: The definition of common terms appears in the Murdoch University Dictionary of Terms. Any defined terms below are specific to this document. “University” Policy Statement: 1. Legislative Requirements 1.1. The University is bound by the Act. In addition, it has entered into several licence agreements that assist it to meet its obligations in respect of certain provisions of the Act. 1.1.1. The Statutory Licence 1.1.1.1. Digital copying and communication of third party copyright material, where reproduced under the terms of the statutory licence in Division 4 of Part IVA of the Act, must be conducted only through the nominated central University repository or repositories. 1.1.1.2. Additional repositories may be authorised by the Director Student and Library Services as required. 1.1.2. The Tertiary Music Licence 1.1.2.1. The University has entered into a collective remuneration agreement (“the Tertiary Music Licence”) with APRA (Australasian Performing Right Association), AMCOS (Australasian Mechanical Copyright Owners Society), PPCA (Phonographic Performance Company of Australia), and ARIA (Australian Record Industry Page 1  Association) permitting staff and students to perform, copy, and/or communicate copyright musical works and sound recordings for educational purposes and for University events subject to certain conditions. 1.1.3. Licensed Databases 1.1.3.1. The University enters into commercial licence agreements with publishers and vendors of various journals and other content held in electronic databases. 1.1.3.2. Access to and use of these materials is governed by the individual licences provided by the publisher or vendor. 1.1.3.3. These commercial licences are managed by the Director of the University Library. 2. Copyright Ownership 2.1. Material created by or on behalf of the University 2.1.1. Ownership of copyright in material produced by members of the University community is guided by the terms of the University’s Intellectual Property Regulations. 2.2. Third party copyright 2.2.1. Copyright ownership in ‘third party’ material rests with the creator, author, publisher, or organisation responsible for preparing the material. 3. Moral Rights 3.1. The University will observe the moral rights of an author as provided by the Act: 3.1.1. A right of attribution of authorship: The right of attribution gives the author of a work the right to be named as the author of that work. Failure to correctly attribute a work is an infringement of that author’s moral rights. 3.1.2. A right to not have authorship falsely attributed: The right to not have authorship falsely attributed, either by putting someone else’s name on the work who is not the author, or by leaving the author’s name on an altered work is an infringement of the au thor’s moral rights. 3.1.3. A right of integrity of authorship: The right of integrity gives the author of a work the right not to have the work treated in a derogatory way; that is, altered or changed in any way that will impugn the author’s honour or reputation. 3.2. Moral rights are conferred on individuals only. 4. Safe Harbours Legislation The copyright Safe Harbours contained in Part V Division 2AA of the Copyright Act (the Act) will apply to universities from 29 December 2018. To be compliant with Safe Harbours Legislation the University will do the following: 4.1. Under IT Conditions of Use Policy , (Section II - Unacceptable Use) identify offenders who will then receive a first and last warning notice. Under this policy repeat offenders will have their access to University IT systems terminated. 4.2. The University’s Information Security & Risk management team in conjunction with the University Copyright Coordinator to be the designated Page 2  representative to receive notices from rights holders and provide the prescribed information to enable rights holders to contact the designated representative. 4.3. Comply with the prescribed notice and take-down procedure. Related Documents: Copyright Procedure Intellectual Property Regulations University Library Copyright Matters Copyright Takedown Notice (attached) References: Copyright Act 1968 (Cth) Copyright Regulations 2017 Approval and Implementation: Approval Authority: Academic Council Responsible Officer(s): Director, Student and Library Services Committee with Academic Quality Committee oversight: Approval Authority for Director Student and Library Services supporting procedures: Approval Authority for There are no supporting guidelines. supporting guidelines: Approval Authority for There are no supporting standards. supporting standards: Contact Officer: University Copyright Coordinator Page 3 Revision History: Approved/ Date Approved Effective Date Next Review Resolution No. Amended/ Date (if applicable) Rescinded Administrative 30/11/2021 amendment Approved 16/06/2021 AC/47/2021(v)(b) Approved 17/03/2021 AC/18/2021(i)(ii) Administrative 11/08/2020 amendment Approved 01/05/2019 01/05/2023 Approved 31/01/2017 31/01/2019 Approved 22/09/2011 22/09/2013 Approved 17/08/2005 17/08/2008 Approved 15/10/2003 15/10/2006 Page 4