Copyright: a basic guide
Please note: This is a guide only and does not constitute legal advice.
1. What is copyright?
Copyright is legal protection for original literary and other works, including audio-visual media, giving the creator of the work exclusive rights over its use and re-use. It is legislated in Australia by the Copyright Act 1968 (Commonwealth). There have been recent amendments including the Copyright (Disabilities and Other Measures) Act 2017. Copyright does not need to be registered: it is instant and automatic.
2. Who owns copyright?
The creator/s of the work is generally the owner of the copyright in that work, except if the work has been commissioned or created as part of a person’s employment. The copyright symbol © is not required for copyright protection (which exists anyway) but is useful to remind people that the work is protected.
3. How long does copyright last?
It depends on the type of work, when it was created and if the creator is known. Most works with a known author have a copyright period of the author’s life plus 70 years. If the author is unknown, the copyright lasts for 70 years from the date it was first published.
Unpublished works have the same copyright duration as published works. It’s the same for photographs, unless the photo was taken before 1st Jan 1955 which means the copyright has expired. There are many variations and exceptions – for more information go to the Copyright Council’s website.
4. What is the public domain?
Any work in which the copyright has expired is in the public domain. Anyone is free to re-use it without having to seek permission. However, the creator of the work has the moral right in perpetuity to be named as the creator of the work – the person re-using it can’t pass it off as their own.
5. Can I photocopy pages from a book?
Yes, as long as it’s no more than 10% of the number of pages, or one chapter, whichever is greater. You can also copy one article from a journal issue. There is an exception in the copyright law which allows for copying this amount for the purpose of research and study only. You are legally responsible for the copying you do, even if you’re using the Library’s photocopier. The copyright notices placed near the machines indemnify the Library in any case of illegal photocopying.
6. What about set readings?
The Library is covered by a Statutory Education Licence from the Copyright Agency. This allows us to copy up to 10% or one chapter of a book and supply it to students through the Learning Support System (or equivalent). It’s not always possible to provide a particular scan, if we have already used 10% of the book, so we direct students to the book in the High Demand section. Where possible, we purchase an e-book licensed for unlimited simultaneous access. The Library monitors copyright compliance for set readings.
7. Is copyright infringement the same as plagiarism?
Plagiarism generally involves an infringement of copyright, as the creator of a piece of text is not being acknowledged. However, plagiarism is primarily a breach of academic integrity and dealt with accordingly. Software such as Turnitin or Grammarly, as well as careful referencing, can help you avoid plagiarism.
8. What if someone has a disability?
Books may be copied in full into an accessible format (such as large print, audio or electronic versions) for a person with a disability such as visual impairment. This may only be done if the item is not otherwise available in an accessible format, either by purchase or inter-library loan. The copy may only be supplied to the individual, and not made available generally.
9. What if someone has a disability?
Creative Commons licences allow creators to give specific types of permission to others to reuse and share their work. If you use something which has a Creative Commons licence, you are required to obey the terms of the licence. There are four types of Creative Commons licence: Attribution (any use permitted with acknowledgement), Non-commercial (any use except re-selling), No Derivative Works (use of the exact work permitted, but no changes allowed), and Share Alike (re-use allowed including adaptation, but all adaptations must have the same licence as the original work).
The Library’s research and writing guides are made available with an Attribution-NonCommercial Creative Commons licence (CC BY-NC 4.0). They may be freely shared, but Moore Theological College must be acknowledged as the copyright owner and the content cannot be re-used commercially.
