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Copyright - Using Third-Party Content: Glossary of Terms

Glossary

This glossary of common copyright terms will provide you with brief definitions, as well as links to more comprehensive information from the Australian Copyright Council, Smartcopying, Copyright Agency Limited and other authoritative sites.

If you would like a specific term or explanation added to the glossary, please contact us at copyright@smtafe.wa.edu.au and we would be happy to oblige.

Attribution

Communicate

Copy

Fair Dealing

Flexible Dealing (200AB)

Public Domain

Reasonable Portion

Section 28

Statutory Licence 

Copyright Symbol (2014). Retrieved from: 
http://icons.mysitemyway.com/

 

Flexible Dealing (200AB)

Flexible Dealing (200AB) 

This section of the Copyright Act allows special provisions for Australian teachers in their use of copyright material in the classroom, including shifting format, captioning and translation, practice performances and compiling extracts of /v material for use in class.  An institute may be allowed to format shift copyright material (e.g, a video to DVD or DVD to digital format) provided that the format you require is not available for purchase and all of the requirements under Section 200AB Flexible Dealing are met:

1. It is not covered by an existing statutory licence or exception

2. It is for the purpose of educational instruction and is not for profit

3. It isn't "unreasonable"

Refer to 'Flexible Dealing': http://www.smartcopying.edu.au/information-sheets/tafe/flexible-dealing for full details of the common uses and frequently asked questions about Flexible Dealing (200AB).

Section 28

Section 28 ('free exception')

Section 28 allows copyright material to be performed and communicated in class, or as part of educational instruction. This includes showing a film, staging a performance or reciting poetry.  It also includes a film from eCampus.  In addition, films can be made available via eCampus for access by distance education students.

Refer to ‘Performance and Communication in Class’: http://www.smartcopying.edu.au/scw/go/pid/535 for full details of the free exception (Section 28) in the Copyright Act. This information sheet includes a table and surrounding text which states that you can upload content in a CMS for the purpose of communicating that content in a class as long as it is removed at the end of the lesson.

Statutory Licence

Statutory Licence

In copyright terms, a 'statutory licence' (sometimes know as a legal licence or compusory licence), is a provison within the Copyright Act 1968 which allows the use of copyright material, under a range of special conditions and limitations, without the express permission of the copyright owner.  A fee is paid for the use of a statutory licence.


Copied under Part VB of the Copyright Act.  

Copyright Agency. (2013). How statutory licences work. Retrieved from: http://www.copyright.com.au/licences/education-sector-licences

The statutory licences relevant to the educational environment are Part VA (statutory broadcast licence), sometimes called the 'Screenrights Licence", and Part VB (statutory text and artistic licence), sometimes called the 'CAL Licence'.

 

Copy

Copying

To 'copy' in copyright terms, means to make another separate copy of an item, that retains no link to the original.  

In print, a copy generally means making a photocopy.  

However, you should also be aware that you are making a copy if you:

  • Scan a print item to pdf to make available electronically; or
  • Download an electronic item to another location (like eCampus).

If you make another copy of an item, you will almost certainly be using Statutory Licence VB to do so, and must comply with the requirements and limitations of that licence.

Communicate

Right of Communication

"The Right of Communication refers to the right of the copyright owner to control the communication of their works to the public.  Communication is defined as 'making available online' and 'electronically transmitting'.

A work has been made available online when it is uploaded to a server and able to be accessed.  If the work is uploaded to the server but not able to be accessed, then it is not considered to have been 'made available' as defined in the Copyright Act.

A work has been electronically transmitted when it has been sent as a file attachment or an email to someone else.  Communication also covers faxing a work to someone."

Right of communication. (n.d.). Retrieved from: http://www.flinders.edu.au/library/copyright/communication.cfm

 

Reasonable Portion

Reasonable Portion

A 'reasonable portion' is defined as 10% of the words in a book, or one chapter of a book, or one article in a journal, or 10% of the words on a website.

Refer to 'Reasonble Portion': http://www.smartcopying.edu.au/glossary/glossary/reasonable-portion, for more information about what consititutes a reasonable portion.

Public Domain

Public Domain

In copyright terms, 'public domain' refers to material which is no longer covered by copyright, or in which the copyright period has expired.   It is sometimes mistakenly thought of as material which is freely available, such as material on the internet, but this is not the case.  Freely available material is often still protected by copyright.

Refer to 'Students and Copyright': http://www.smartcopying.edu.au/information-sheets/schools/students-and-copyright/students-and-copyright#public for more information about public domain.

Fair Dealing

Fair Dealing

'Fair dealing' is the term which describes the use of copyright material without permission of the copyright owner under certain specific conditions.  For example, the Statutory Licences VA and VB allow educational institutions to copy up to 10% or one chapter of a book without permission of the copyright owner.  This activity is considered fair dealing.

Refer to the attached document from the Australian Copyright Council for more information about fair dealing.

What is an Attribution?

An attribution is simply a reference to the information you are copying, wrapped up in the appropriate licence.

It is always important to correctly acknowledge the work of others (third-party content), where you use it in the development of your materials.  At Polytechnic West, students and staff use the APA referencing style to create citations and reference lists, which provide acknowledgement of the third-party content.

However, when you are also creating or distributing copies of resources which include third party content, it is important to include information about the licence (or authority) under which you are copying that material.  The combination of a reference along with the appropriate licence information is called an attribution.

It is important to decide which licence meets your needs, as this may change depending on the format and desired use of the material.  Use our Licence Flowchart to help identify the correct type of licence for your needs. 

Refer to our Attribution Examples for guidance in the layout of your attribution.

If you can't locate an example which meets your needs, please contact Library staff at copyright@smtafe.wa.edu.au, and we will help you work it out.