Using the educational licence
To ensure compliance with our educational licence, Library staff can assist with registration of digital copies.Putting material online
Staff of educational institutions are permitted to reproduce and communicate portions of published literary, dramatic, musical or artistic works. This covers hard copy and digital reproduction and communication (e.g. placing online). This copying is done under the protection of the statutory licence agreement with Copyright Agency (CA). These copies are managed via the myReadings platform.
The educational copying provisions are subject to a number of conditions:
- Limitations relating to the amount of material reproduced and/or communicated must be observed (i.e. the 10% or one-chapter guidelines).
- All digital reproductions and communications must be registered with MyReadings, including items intended to be placed online as well as items distributed on CD or DVD.
- Material made available online must only be accessible by SCU staff and students through MyReadings. Such material must never be placed on public websites - all protection is then lost.
- Digital reproductions must carry warning notices and the source must be appropriately acknowledged.
- Material may not be sold for profit; however cost recovery is permitted.
Staff can also use any amount of TV and radio broadcasts for the educational uses of the institution, subject to certain conditions.
- Copies can be made in analog or digital form and can be placed online
- Limitations relating to the amount of material reproduced and/or communicated must be observed
- Such material must never be placed on public websites - all protection is then lost.
Such copying and communication is conducted under the statutory licence agreement with Screenrights.
Broadcast copies are managed via the Library subscription to ClickView.Using DVDs, YouTube and Videos
Commercially-produced music can be copied and distributed to students under a commercial licence with the music societies in Australia that control the reproduction and performance of music. As with broadcast and text licences, such use is subject to licence conditions.
The music cannot be placed online for download, however, it can be streamed or distributed on CD.
Note also that this licence cannot be used to reproduce and distribute songs that you have purchased online under a personal contract (e.g. from iTunes).Tertiary Music Agreement
Putting material online using the educational licence
While all digital copies need to be registered, only the files to be made available online need to be located in myReadings.
Lecturers register and submit files through myReadings. To ensure compliance with our educational licence this is the only place that material can be made available online. The University's copyright policy specifies that:
Individuals are responsible for;
ensuring that any copyrighted material used under the Statutory licence or any other licence is registered with the relevant Library copyright management system.
The administration of the items, including re-registrations, is undertaken by staff in the University Library.
All digital reproductions of copyright material made available to students must be registered with the Copyright Office.
The Copyright Act imposes university-wide limitations on the communication of certain categories of copyright material. Copies must also contain a 113P Copyright warning notice and only be available to staff and students of the institution.
To ensure that the University is complying with the communication limitations and other conditions, items that are to be available online are located in (and accessed from) a centrally-administered database.
This location is myReadings.
The registration requirement applies to material reproduced in digital form from both hard copy and digital sources. It does not apply to hard copy output, but remember that reproduction limitations apply to copies in any format (for example, you cannot digitally reproduce one chapter and reproduce a different chapter from the same book in hard copy form).
The educational licence permits copies of copyright works to be distributed to offshore students. These copies may be on paper or on CD (with the appropriate 113P Copyright warning notice). The students receiving the copies must be officially enrolled with SCU.
All copying must be undertaken within Australia, as it is under Australian law the copying is allowed to be done. Any copying undertaken in another jurisdiction is subject to the laws of that country. This means that if you intend taking master copies of course materials to an offshore teaching location, there needs to be provision in that country's copyright legislation for you to do so, and if required, a formalised licence agreement.
Online material and offshore students
Works may also be communicated online to offshore students, however the server holding the item must be located in Australia for the educational licence conditions to be valid. This means that you cannot host or mirror copyright materials on servers based outside Australia. All copyright materials communicated online must also be registered and placed in myReadings.
Using AV works offshore
Programs recorded off-air within Australia may be used in educational settings in Australia or offshore (i.e. you can take them with you). Whether you can copy off-air from an offshore location is subject to the laws of that country.
Broadcast copy tapes must be appropriately marked, as per the statutory licence for broadcast copies. Such programs may be also be communicated online, subject to the fixation of AV Warning Notice and the server being based in Australia.
While in Australia commercially produced items can be shown in class, the copyright laws of the offshore location may differ. Check the local jurisdictions.
Educational institutions can copy (to or from digital or hard copy) and communicate material for the purposes of assisting students with a print disability.
What is a print disability?
- a person without sight
- a person whose sight is severely impaired
- a personal unable to move or focus their eyes or hold or manipulate books
- a person with a perceptual disability.
People with dyslexia are included in the definition of 'print disability'. However, slow learners or people learning English as a second language are not.
What can be copied and/or communicated?
You may make one or more Braille, large print or photographic versions of published literary or dramatic works.
You may also make one or more recordings on 'disc, tape or paper or other device in which sounds are embodied' of a literary or dramatic work.
What cannot be copied under these provisions?
Anything that can be obtained, after reasonable investigation, in the required format within a reasonable time at an ordinary, commercial price (see Commercial availability test in the Glossary).
Commercially produced films and videos. Copies of broadcasts made under the Screenrights licence can, however, be used.
How should material copied under these provisions be marked?
Copies made or communicated under these conditions should be marked as follows:
- Made by Southern Cross University for the purposes of assisting a student with a print disability.
The copy should also include appropriate references. The Copyright Agency Limited has a register of master copies made by relevant organisations for the purposes of assisting people with disabilities.
There are also provisions for students with an intellectual disability. Please contact the Copyright Office if you have questions regarding these provisions or if you would like to access the register.
Exceptions to the educational licence
Items that are able to be copied under statutory licence are restricted to specific categories and limitations, see How much can I copy?
Amounts that fall outside the reproduction and communication conditions of the statutory licence will generally require permission from copyright owners.
Uses, other than educational use, may also require explicit permission from copyright owners, which require consideration of a number of issues.
Please notify myReadings staff of material for which you have explicit and separate approval from owners. Although the material does not come under statutory licensing rules, details are required for record keeping purposes.