Key copyright concepts

Copyright is a form of intellectual property designed to protect the interests of authors and creators. Copyright provides creators with control over how their work is:

• reproduced
• published
• performed
• adapted.

These rights are protected by the Copyright Act 1968 (Cth).

Permission must be sought from the copyright owner to use a work in any way that is protected under these laws. Exceptions apply when there is a licence or terms that otherwise permit the work to be used in a certain way.

In Australia copyright is automatically applied to a range of works including:

• literary works (e.g. books, magazines, articles)
• dramatic works (e.g. theatre and dance)
• music (e.g. songs, compositions)
• artistic works (e.g painting, drawings)
• films, sound recordings and broadcasts.

Copyright does not apply to ideas or concepts. See Australian Libraries and Archives Copyright Coalition Material protected by copyright and Material not protected by copyright. 

Materials on the internet, including websites, are protected by copyright. There may also be licences (e.g. Creative Commons licences) or terms and conditions of use that define how the material can be used. Check the terms and conditions or copyright statement on the footer of a website before using material.

In most cases, copyright will be owned by the author or creator of the work. However, copyright ownership can be transferred. Some examples where copyright might be transferred include:

• by assignment in a contract with a publisher
• as part of a contract of employment
• when bequeathed in a will.

Students

Students own the copyright in works they create (e.g. assignments, theses, portfolios, artistic, or musical works). Some exceptions apply when students are:

• a member of a research team and sign an agreement regarding intellectual property ownership or copyright
• an employee (your employer will generally own the copyright in any work you create as part of your contract of employment)
• on work experience or placement (this may be subject to the same conditions as if you are an employee). 

Staff

Southern Cross University owns the intellectual property rights over material created or developed by staff members as outlined in the university's Intellectual Property Rights Policy. However, there may be instances where the university may choose to disclaim this ownership (see clause 11).

Material created by AI

Under Australian copyright law, a work will receive copyright protection if it is:

• an original work created by a human author
• expressed in material form.

Due to this, it is unlikely that a work generated exclusively using AI will receive copyright protection. If the creator contributes independent intellectual effort to the work, it may qualify for copyright protection. However, the extent of contribution required is still uncertain. It is recommended that you attribute any use of AI to comply with academic standards and ensure transparency. 

In general, under Australian law, if a work was published within the creator's lifetime the duration of copyright is the life of the creator plus 70 years. If the work was not published in the creator's lifetime the copyright period of 70 years commences from the date of publication. There is some variation of the duration of copyright depending on the type of work (see Duration of Copyright by the Australian Copyright Council). The duration of copyright also differs between countries.

Copyright in a work cannot be revived once it has lapsed, however, other rights may exist in different versions of the work, for example: published editions, translations, adaptations, and new recordings or arrangements of musical works.

Email copyright@scu.edu.au if you are unsure of the status of the material you wish to use. 

Creators of copyright material have moral rights, which are non-transferrable and include:

• the right of attribution (which is the right to be recognised as the creator of the work and not to have their work falsely attributed to others)
• the right of integrity (which includes the right to determine what changes are made to the work and how the work is presented).

These rights apply to any work in which copyright exists, except for films and works included in a film made prior to the commencement of the Copyright Act. These rights remain with the creator, irrespective of the ownership of copyright, and remain in force for the duration of copyright (see How long does copyright last?).

The terms Creative Commons (CC) and Creative Commons (CC) licences are often discussed in relation to copyright. Whereas copyright is an "all rights reserved" approach, CC licences are a "some rights reserved" approach. CC licences allow a copyright holder to grant others permission to use the work in certain ways without seeking permission. Copyright still exists in the work, however, the licences define to others how a work can be reused or reproduced without seeking permission. See the Creative Commons page for more information. 

With the proliferation of free online translation tools, made possible through AI, it is easier to translate foreign language material to English. However, as translations are considered adaptations, creating and sharing a translation may:

• infringe the creator's exclusive rights under copyright law, which includes the right to have a say about how their work is translated (see the Australian Copyright Council's Translations & Copyright Factsheet)
• breach the licence or terms of use of the library's subscribed resources, which generally prohibit the use of AI tools
• impact the quality of your research, as AI generated translations are not always accurate.

If it is important to use foreign language materials for the completeness of your research and you are planning to publish substantial portions of the work:

• seek permission from the copyright owner to translate the work (permission must be in writing and clearly outline whether you plan to publish extracts of the translation)
• if permission is granted by the copyright owner, have the work translated or verified by a professional or native speaker to ensure the quality and accuracy of the information.