Copyright ResponsibilitiesFair Dealing - research or studyStudents are able to reproduce copyright material without permission provided that the dealing is for research or study and that the copying is 'fair'. The Act deems 'fair' to mean: - an article in a periodical publication (eg a journal article);
- more than one article if required for the same topic of research or course of study; or
- a "reasonable portion" (generally 10% or one chapter if the work is a published edition of 10 pages or more; or 10% of the words if in electronic form)
For the copying to be 'fair' in a literary, dramatic, musical or artistic work, you should consider the factors below. - the purpose and character of the dealing (eg, copying in connection with a course is likely to be fair whereby copying for research which may be used commercially would not);
- nature of the work (eg, it may be less fair to copy a work resulting from a high degree of skill than a mundane work);
- can the work or audio-visual item be obtained within a reasonable time at an ordinary commercial price (generally, it may be fair to copy all of a work such as a book which is not available commercially, but unfair to photocopy all or most of a work that you can buy - see 'copying from theses or out of print texts');
- what effect the dealing will have on the potential market (eg, making more than one copy is less likely to be fair than making one copy);
- the amount of the part being copied (eg, it is less fair to copy a large or important part of the work than to copy a small or unimportant part).
If you copy less than 10% of the pages (or less than 10% of the words in electronic form) or one chapter, or one article in a periodical and you are sure that you meet the requirements of research or study then the copying is taken to be 'fair'. You cannot use copies made under the fair dealing provisions for any other purpose. If you do, then the copies are infringing copies and penalties may occur. The copyright owner's permission is required. Under the moral rights legislation, you should always acknowledge the author and title of the work. MusicLegislation for private copying of music has been recently amended, you may now make a copy of a sound recording that you own, solely for your private and domestic use. Apart from this use under the fair dealing provision, you will require permission from the copyright owner if you want to copy, record, download, communicate or perform music. There are several collecting societies representing copyright owners, music publishers and sound recording companies. These include AMCOS, APRA, ARIA and PPCA. There are a number of websites that provide copyright friendly music for educational and personal use - see 'Copyright & the Web'. What are "moral rights"?"Moral rights" are rights relating to a creator's reputation in connection with their work and have nothing to do with morality. You must give the creator of a literary, musical, artistic or dramatic work or of a film the right to be attributed as the creator of the work or film and the right to have the integrity of the work respected. These new rights supplement the right of a creator not to have their work falsely attributed. The right of attributionYou should attribute a creator when you reproduce a work or film and it should be clear and reasonably prominent, so that the person receiving a reproduction of the work or film will have notice of the creator's identity. The right of integrityA creator's work should not be subjected to derogatory treatment nor should you do something to a creator's work that is prejudicial to the reputation of the creator. Copying from the internetStudents should be aware that material on the Internet may be protected by copyright. The fact that it is on the Internet does not mean it is "copyright free". Refer "Copyright and the Web". Material on the Internet is included under the provisions of 135ZMC and 135ZMD of the Act, but there may be conditions on the site that indicate what you may do with it. Some websites give permission for the material to be copied for certain purposes (eg educational and non-commercial purposes). You should always check the website 'Terms of Use' statement.
PlagiarismPlagiarism occurs when the work of another person, or persons, is used and presented as one's own, unless the source of each quotation or piece of borrowed material is acknowledged with an appropriate citation. The University regards very seriously any acts of cheating, or dishonesty by way of plagiarism. There are a range of penalties which may be imposed on a student for plagiarism. Students should consult their course handbooks for information on plagiarism. Computer software - Software shall not be copied on University computers or personally owned computers on any University campus except where authorised by the copyright owner;
- Software shall not be copied on University computers or personally owned computers on any University campus except where authorised by the copyright owner;
- Software manuals may only be copied in accordance with the provisions of the University policy on copying;
- University funds shall not be used to purchase software that has been copied without approval of the copyright owner;
- Illegally copied software from any source shall not be run on computers at Bond University.
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