To provide high-quality tertiary education, higher education providers rely on diverse resources, from textbooks to newspapers, journals and online articles. However, using these resources legally can be complex. Here are five essential copyright considerations for higher education providers.
1. Permission or a Licence is usually required
Most works are covered by copyright, and copying text, images, or graphs without permission is typically not allowed. While copyright law allows limited use of a work for personal research or study, educators generally don’t benefit from this provision. Higher education providers can use copyright material if:
- they obtain permission from the copyright owner, or
- their organisation is covered by a statutory education copyright licence (see point 5).
Even use of a small, integral part of a work may require permission.
2. Internet content isn’t automatically free to use
Just because content is online doesn’t mean it’s free to use. Copyright applies to both offline and online content from the moment it is created. Most websites specify terms of use, but even without them, the content is protected. Always verify usage rights before copying or sharing news articles, graphics, images and other online materials.
3. Crediting isn’t always enough
While crediting creators is important, it doesn’t replace the need for permission or licences. Moral rights under the Copyright Act 1968 (Cth) also require that:
- authors are credited where reasonable,
- work isn’t falsely attributed, and
- alterations aren’t ‘derogatory’ (prejudicial to the creator).
Economic rights often mean a licence or payment is required, even when proper credit is given.
4. Higher education providers are accountable for copyright compliance
Higher education providers must ensure their staff and casual educators comply with copyright laws. This includes responsibility for:
- monitoring materials used in classrooms,
- seeking permission from copyright owners, and
- managing licence fees when applicable.
To streamline compliance, many higher education providers use ‘blanket’ licences provided by Copyright Agency, which covers the whole institution and allows educators immediate use of content from any source.
5. ‘Blanket’ licences simplify compliance
The Australian Government have appointed Copyright Agency to manage the Statutory Education Licence. With the right licences provided by Copyright Agency, higher education providers can legally copy and share text and images for educational purposes while compensating creators. There is a current sector-wide agreement in place that covers all 39 Universities Australia member universities, however all other higher education providers need to arrange individual coverage.
Screenrights provides similar licences for broadcast content, and APRA AMCOS offers licences for music. These arrangements provide flexibility and peace of mind for higher education providers.
For further information on how the Statutory Education Licence can support your institution, contact Copyright Agency on 02 9394 7600 or email educationlicences@copyright.com.au
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