In Australia, the rights of creators and users of copyright material are enshrined in the Copyright Act and apply to any work made or created in Australia. The University takes its copyright obligations seriously, and staff and students who breach copyright may face disciplinary action. Generally, copyright is infringed if a work—or a substantial part of a work—is used without permission in one of the ways exclusively reserved for the copyright owner. Ownership of copyright by staff and students is described in the University's Intellectual Property: Ownership and Management Policy. Section 4 (Ownership of Intellectual Property) describes in more detail how the Policy applies to teaching materials, funded research, scholarly works, student theses and assessment materials.
For a work to be protected by copyright, it must be in a material form and have a human author. Copyright protects the expression of the idea, not the idea itself. It protects published and unpublished material, including material available in electronic form.
The Copyright Act provides copyright protection to the following materials:
The creator of a work is generally the owner of that work until or unless they assign their copyright to someone else.
There are some situations where the creator of the work is not the 'first' owner of the work:
Copyright can be sold to or divided between different parties. An author can also assign copyright (i.e. sell completely or licence partial use) by territory, media, and time.
For works that are still in copyright, copyright generally lasts for the life of the creator plus 70 years. Please refer to the Australian Government's Duration of copyright guide for specific provisions.
Under the Australian Copyright Act, copyright owners have a number of exclusive rights, including:
These rights are commercial rights and give the copyright owner a monopoly to control how their work can be used.
Under Part IX of the Australian Copyright Act, creators also have Moral Rights. These rights cannot be assigned or licensed, and last for the same period of time as copyright protection.
Moral Rights refer to the rights of an author or artist:
Under Moral Rights law, you must provide sufficient acknowledgement of the work copied, identifying the creator/author and the work from which the copy is taken (by its title and other descriptive information).
Attribution and copyright infringement are two different things. You can properly attribute a work and still infringe copyright.
The Fair Dealing provisions in the Copyright Act are purpose-based exceptions, which allow individuals to copy a reasonable portion from a copyright work for a limited number of specified purposes, without the need to obtain prior written permission from the copyright owner. Works copied under the Fair Dealing provisions must only be used for the purpose for which they have been copied.
If a Fair Dealing exception does not apply to the amount you wish to copy or to the way you wish to use it, permission must be obtained from the copyright owner to use copyright material in any of the ways which are in the copyright owner's exclusive control.
To rely on the Fair Dealing exception for Research or Study, the material must be copied for your own study or research, the use must be fair, and the original material must be attributed.
The Fair Dealing exception for research or study cannot be relied upon by teaching staff to make copies on behalf of students or to make material available online, or by students making multiple copies of material for distribution.
This exception may also not be relied upon to include copyright material in material that will be published.
The Copyright Act does not define what constitutes Fair Dealing for:
Before using or copying these materials, you will need to assess whether the purpose of your copying is fair, and whether the amount you wish to use is reasonable (even if the amount you wish to use is only small (e.g. a stanza from a poem or a clip from a film or video).
The Five Factors of Fairness:
For more information, please refer to the Australian Copyright Council's Research or Study information sheet.
To rely on the Fair Dealing exception for Criticism or Review, the purpose of the copying must be genuine criticism or review. It is not sufficient that you copy a work merely to illustrate or explain your own work. The Australian Copyright Council's Quotes and Extracts information sheet provides guidance around the scope of this exception.
The terms parody and satire are not defined in the Copyright Act. Please refer to the Australian Copyright Council's Parody, Satire and Comedy information sheet to assist in determining whether your intended use may be considered to be parody or satire. If, after consulting this information sheet, you are still unsure, please contact Ask the Library.
The Copyright Act requires the University to display notices on individual works copied or communicated for the educational purposes of the University. The University is also required to display prescribed warning notices on University equipment used to make print copies or to create electronic reproductions. These notices provide some protection against the University being found liable for authorising copyright infringements by students or staff.
Under s.39 and s.104 of the Copyright Act, the University is required to display Warning Notices on University equipment which is used to make print copies or to create electronic reproductions.
Where equipment is unsupervised or does not display the required Notices warning users of the implications of their copying practices, the University can be found liable for authorising copyright infringement.
Under s.39A of the Copyright Act, all University faculties, departments and libraries must affix this Notice near or on all University equipment which can be used to copy or communicate copyright material, including machines with the capacity to create electronic reproductions.
Under Section 104B of the Copyright Act, all University of South Australia Academic Units, Administrative Units, and Libraries must affix this Notice near or on all University equipment which can be used to copy audio-visual material. This includes audio equipment, scanners, computers and any other equipment on which infringing copies of audio-visual material can be made.
University equipment which can copy both print and audio-visual material, such as a PC which can be used to download text, film, images and recorded music, must have both the s.39A Notice and the s.104B Notice displayed together. This combined notice can be used can be used instead of displaying the two separately.
The following Copyright Notice should be displayed if you are reproducing or communicating any text, images, or notated music in electronic form. Click on the Notice to download a .docx copy.