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University Library

 

 

Copyright

I need to provide material to my students. Do the Limits apply per Lecture? per Unit? per University?

Print communication of material – Generally interpreted as applying per unit.

Example: You can photocopy one chapter from a book for students in one unit and a different chapter from the same book for another unit.

 

Online (web) communication of material – The limits are applied to the University as a whole. Limits apply per unit.

Example: If a lecturer makes a chapter of a work available online, no-one else in the University (even the same lecturer for a different unit they teach) can make another part of the same work available online in reliance on the Part VB licence until the first part is taken down. Due to the changes in the Act, please see the new examples below.

 

eReserve: a centralised approach
Because the Part VB limits for online (web) communication of material apply to the University as a whole, it is necessary to have a centralised approach to such material. At Notre Dame, lecturers are required to submit all material for eReserve to the Library.

As of the 22nd December 2017, the existing statutory licences in Parts VA and VB of the Copyright Act 1968 will be replaced by one simplified licence (New Statutory Licence).

This means that in relation to works submitted to eReserve, the current prohibition on the online delivery of more than one part of the work at any one time will not apply from the 22nd December 2017. From a practical point of view, the copying and communication limits for online delivery of works should be applied at the unit of study level.

For example, it will be possible to make two chapters from the same work available through eReserve provided each chapter is for a different unit of study/course.

Limits to each item submitted to eReserve

  • For books, 10% of the total number of pages, or one chapter if the work is broken up into chapters.
  • For journal articles, one article from an issue of a journal, or more than one if they are on the same subject matter.

Please see the eReserve Guide for more information - library.nd.edu.au/ereserve

Common Questions

Can I ask the Library to make one chapter from a book available online via eReserve and then take that chapter down and make another chapter available for the same unit of study and so on?

No - sequential or serial copying and communication of chapters from a single book for the same unit of study is not permitted under the Copyright Act. Only one chapter or 10% of the pages in a book can be copied for each course. If you ask the University Library to copy more than one chapter from a book for a Unit you will have exceeded this limit and be operating outside the protection of the New Statutory Licence of the Copyright Act.


 


I want to put something in eReserve but there is already something from that same work in eReserve. What can I do?

As of the 22nd December 2017, the existing statutory licences in Parts VA and VB of the Copyright Act 1968 will be replaced by one simplified licence (New Statutory Licence).

This means that in relation to works submitted to eReserve, the current prohibition on the online delivery of more than one part of the work at any one time will not apply from the 22nd December 2017. From a practical point of view, the copying and communication limits for online delivery of works should be applied at the unit of study level.

For example, it will be possible to make two chapters from the same work available through eReserve provided each chapter is for a different unit of study/course.

Limits to each item submitted to eReserve

  • For books, 10% of the total number of pages, or one chapter if the work is broken up into chapters.
  • For journal articles, one article from an issue of a journal, or more than one if they are on the same subject matter.

 


Why can't I make digital copies of copyright materials for the LMS (Blackboard) myself?

Unless you hold the copyright of a text, or have explicit permission from the copyright holder, making a copy available in the LMS is likely to breach copyright.

The Library's eReserve Service will do the following for you:

  • checks copyright compliance,
  • adds mandatory copyright notices,
  • keeps the records required by the licence and
  • participates in mandatory copyright compliance surveys under the Copyright Act.

Section 200AB: the “special case” or “flexible dealing” exception

Section 200AB allows an educational institution to use copyright material for educational instruction in certain cases, where the use is not covered by other specific exceptions in the Copyright Act. For example, it does not apply to a use that would be covered by Section 113P (recording and communicating TV and radio programs, or the copying and communicating of text and images).


Section 200AB only applies if:

  • the circumstances of the use amount to a special case;
  • the use does not conflict with a normal exploitation of the material;
  • the use does not unreasonably prejudice the legitimate interests of the owner of the copyright;
  • the copying is not made for commercial advantage or profit.

Section 200AB is more complex than other exceptions in the Copyright Act, and you will usually need advice about whether or not it applies in a particular situation. In some cases, section 200AB can allow the conversion or “format-shifting” of videos to DVDs.