Manual of Policies and Procedures

F/5.1 Copyright

Contact Officer

University Copyright Officer

Approval Date

18/05/2021

Approval Authority

Vice-Chancellor and President

Date of Next Review

31/05/2024

5.1.1 Purpose
5.1.2 Application
5.1.3 Roles and responsibilities
5.1.4 Australian Copyright Law
5.1.5 Licence agreements
5.1.6 Internet material
5.1.7 Teaching materials online
5.1.8 Computer software
5.1.9 Traditional knowledge
5.1.10 Non-compliance
5.1.11 Delegations
Related Documents
Modification History

5.1.1 Purpose

The QUT Copyright policy sets out the way in which staff and student can comply with the provisions of the Copyright Act 1968 (Cth) (the Act). This includes compliance with statutory and commercial licences for the use of copyright material and compliance with the terms of open licences such as Creative Commons, and open-source software licences.

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5.1.2 Application

This policy applies to QUT staff and students and other persons to whom the QUT Staff Code of Conduct applies (B/8.1). This policy also applies to copyright works and licences where the ownership is external to the University.

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5.1.3 Roles and responsibilities

Position
Responsibility
Deputy Vice-Chancellor and Vice-President (Education)
  • implements policy and issues guidance regarding compliance with copyright law and related licensing processes and agreements
  • exercises the delegated authority to sign information resources, information technology and software licensing agreements to be used by the University, and copyright agreements with Copyright Agency Limited (CAL) and Screenrights
  • deals with copyright breaches by external parties, on advice of Heads of organisational units, University Copyright Officer and University Legal Officer as may be required
University Copyright Officer
  • oversees the administration of the University’s copyright compliance structure and reporting processes
  • assists staff and students to understand their obligations under the Copyright Act
Heads of organisational units
  • ensure copyright compliance in the business activities of their organisational unit
  • ensure staff are aware of and adhere to copyright compliance procedures
All staff
  • adhere to copyright compliance as prescribed in this policy and in accordaqnce with the QUT Copyright Guide
All students
  • adhere to copyright compliance as prescribed in this policy and in accordance with the QUT Copyright Guide

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5.1.4 Australian Copyright Law

QUT staff and students must comply with the copyright matters of relevance to the University in accordance with the Act. The QUT Copyright Guide provides a comprehensive guide to copyright matters of relevance to the University in accordance with the legislation.

It is advisable to consult the University Copyright Officer on any issue where there is uncertainty as to the correct procedure.

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5.1.5 Licence agreements

Universities Australia (UA) has entered into several licence agreements on behalf of QUT which assist the University to meet its obligations in respect of certain provisions of the Act. Staff and students of QUT must adhere to the licences and agreements. The University also enters into voluntary commercial licence agreements for the use of information resources, information technology and software, open licences such as Creative Commons, and open-source software licences.

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5.1.6 Internet material

Copyright law applies to online materials as well as hard copy materials. Material found on the Internet should not be used for any purpose without permission from the copyright owner or a licence to use the material. Fair dealing exceptions are permitted by the Act in certain circumstances. Using University information and communications technology resources to download, upload, share, store or transmit copyright material without the permission of the copyright owner, an appropriate licence or exception under the Act is illegal, and is a breach of this policy as well as QUT's Acceptable use of information and communications technology resources policy (F/1.11).

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5.1.7 Teaching materials online

Copyright law applies to online teaching materials as well as print material. Online resources should not be used for any purpose without permission from the copyright owner or a licence to use the material. Making copies of print material is covered by the Act and the Statutory Education Licence. Digital copies of material copied under the licence must only be made available via QUT Readings. Digitised copyright material must not be made available on publicly accessible websites, as this infringes an exclusive right of the copyright holder.

A full description of the compliance requirements can be found in the QUT Copyright Guide.

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5.1.8 Computer software

QUT is committed to providing sufficient copies of legitimately acquired software to meet the needs of the University and its staff, and to complying with all licence conditions accompanying any software acquired or used.

The following principles apply to computer software used on QUT facilities:

  • QUT licenses the use of its computer software from a variety of outside companies. QUT does not own the copyright in this software or its related documentation and, unless authorised by the software developer, does not have the right to reproduce either the software or accompanying manuals
  • QUT staff and students may use such software only in accordance with the licence agreement
  • QUT staff learning of any illegal copying of software or related documentation within the University shall notify the relevant manager, who may seek further advice from the University Copyright Officer, or University Legal Office as appropriate
  • Copying of computer software by an employee, or instructing another employee to copy software, without authorisation from the copyright owner, is in breach of the Act.

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5.1.9 Traditional knowledge

Where the creation of QUT copyright involves the traditional interests or property of Aboriginal and Torres Strait Islander peoples and/or the use of traditional knowledge, QUT will take all reasonable steps to consult with the relevant Aboriginal and Torres Strait Islander groups and communities to ensure that any decisions taken on the protection, development and commercialisation of that copyright conforms with relevant Aboriginal and Torres Strait Islander protocols and ethical guidelines.

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5.1.10 Non-compliance

The University does not tolerate the making or use of unauthorised copies of copyright material by its staff, students or other approved users of QUT information resources. Notifications from third parties in relation to content transmitted, cached, hosted or referred to on the QUT network will be investigated in accordance with relevant law and QUT policy.

Serious breaches of this policy can lead to disciplinary action by the university and may also have consequences for users under criminal or civil provisions of the general law.

Other approved users of QUT information resources who do not comply with this policy may have their association with QUT terminated.

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5.1.11 Delegations

Refer to Register of Authorities and Delegations (VC017) (QUT staff access only).

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Related Documents

MOPP B/8.1 QUT Staff Code of Conduct

MOPP B/8.5 Disciplinary action for misconduct and serious misconduct - senior staff

MOPP B/9.2 Managing unsatisfactory performance - senior staff

MOPP C/6.4 Use of QUT digital media for learning and teaching

MOPP C/7.2 Open Educational Resources

MOPP D/2.8 Management of research data and primary materials

MOPP D/3.1 Intellectual property

MOPP E/8.1 Management of student misconduct

MOPP F/1.1 Provision, acquisition and use of information and communications technology resources

MOPP F/1.2 Information security

MOPP F/1.3 Open access for QUT research outputs (including theses)

MOPP F/1.11 Acceptable use of information and communications technology resources

QUT Enterprise Bargaining Agreement (Academic Staff)

QUT Enterprise Bargaining Agreement (Professional Staff)

Copyright Act 1968 (Cth)

QUT Copyright Guide

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Modification History

Date

Sections

Source

Details

18.05.21 All Vice-Chancellor and President Periodic review - policy revised
10.08.17 All Vice-Chancellor Revised and simplified policy
09.12.16 F/5.1.5, F/5.1.7 Enhancing the Student Experience REAL Difference Change Manager Revised policy to include REAL Difference initiative, approved name change for position title, Deputy Vice-Chancellor (Technology, Information and Learning Support) to Deputy Vice-Chancellor (Technology, Information and Library Services) - effective 03.01.17
21.05.15 All Vice-Chancellor Revised policy

15.09.10

All

Governance Services

Policy revised to reflect repeal of Information Facilities Rules

08.06.07

All

Vice-Chancellor

Revised policy and re-numbered to F/5.1 (formerly F/12.1)

07.12.05

All

Deputy Vice-Chancellor (Technology, Information and Learning Support)

Updated

06.08.02

All

University Copyright Officer

Updated

28.03.01

F/12.1.5

University Copyright Officer

Updated to incorporate amendments to Copyright Act (effective 4.3.01)

22.03.00

All

University Copyright Officer

Updated

04.11.98

All

University Copyright Officer

Updated

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