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Copyright: Glossary

Glossary

Artistic works

include paintings, sculptures, graphics, cartoons, etchings, lithographs, photography, drawings, plans, maps, diagrams, charts, buildings, models of buildings, moulds and casts for sculptures.

Attribution

Also known as Labelling. Moral rights legislation creates a general obligation to attribute the creator of material, unless it is reasonable in the circumstances not to attribute. The author may not be the same person as the copyright owner. For more information, see the Library Copyright tool.

CAL survey

As part of the Text and Artistic Licence Part VB administered by CAL (Copyright Agency Limited), TAFE colleges are required to undertake a sampling survey and pay licence fees for the use of materials.

The licence fees collected by CAL are distributed to the copyright owners (as indicated by survey results).
 
Copy

Includes photocopying, audiotaping, scanning or saving to disc.

Communicate

means making copyright material available online or electronically transmitting copyright material. 'Making available' can include putting material on the internet or intranet. 'Electronic transmission' includes emailing, streaming or electronic reticulation.

Copyright

A simple definition of copyright is that it is a bunch of rights in certain creative works such as text, artistic works, music, computer programs, sound recordings and films. The rights are granted exclusively to the copyright owner to reproduce the material, and for some material, the right to perform or show the work to the public.

 

Copyright exceptions

The Copyright Act provides a series of exceptions which allow schools and TAFE institutes to use copyright material without permission. These include Fair Dealing, Flexible Dealing, Statutory Licence schemes, permission from the copyright owner.

Fair Dealing

One of the exceptions to copyright infringement. More information

Format shift

Is a term used to describe copying content from one technological format to another. (For example, from video to DVD)

Free for Education

'Free for education' is part of the 'open education' movement, but is not as broad. 'Free for education' resources allow educators and students to freely copy and use resources for educational purposes, but may not permit the resources to be modified and shared.

A website will be 'free for education' if its terms and conditions or copyright statement permit copying for any of the following uses:

  • Educational use
  • Non-commercial use
  • Use in your organisation
  • Personal or non-commercial use
  • Free copying

A website will not be 'free for education' if the terms and conditions or copyright statement state that copying is permitted for:

  • Personal use
  • Personal and non-commercial use
  • Personal, non-commercial
  • Copying not permitted
Licence/License

Describes and limits how intellectual property may be used or reused. Fees are collected by Collecting Societies and paid to Copyright owners.

Non-commercial course

A ‘not-for-profit’ course means creating a course that won’t be used for profit or commercial gain. Lecturers may charge users to recoup the costs of production/photocopying of a resource, ie ‘cost recovery’.

However, if the college/course is making a profit or gaining some commercial advantage from a resource containing third party material then the normal statutory licences and exceptions do not apply and you must request permission to use the third party content from the copyright owner.

Open Education

'Open Education' is an international movement about making educational resources freely and openly available for educators and students to use, modify and share for teaching and learning.

Ordinary commercial price

Is likely to be what the market rate for that work is or has been or a comparable price to other works of the same nature.                  

Separately published

Means supplying copies to the public or making copies available to the public. For example:
 
  • Hard copy (book, brochure, information sheet or other publication)
  • CD-ROM or disc
  • Website

Reasonable time 

6 months for textbooks. Other, 30 days. For electronic works, in an on-line context, reasonable time may be shorter, given the ease of electronic delivery of materials via the Internet.

 Source: Smartcopying (Smartcopying website content is licensed under a Creative Commons Attribution-ShareAlike 3.0 Australia License)

For more definitions see Smartcopying