COPYING AND DISTRIBUTION OF MATERIALS
Under the Australian Copyright Act 1969, and as an educational organisation, the Cairnmillar Institute pays for an annual Statutory Education Licence.
Using this licence, Cairnmillar Academic staff and students can copy and communicate text and images without a copyright clearance if it is undertaken solely for the educational purposes of the Cairnmillar Institute.
What does the Statutory Education Licence cover?
This covers the copying and communication of:
- Hardcopy material such as paper to paper copies, and paper to digital copies; and
- Digital material, such as the reproduction in a digital format (digital to digital) and the communication of copies in a digital form, (for example posting onto Canvas)
What can be copied?
- Printed and digital content
- Local and international content
- Published and unpublished content
- Content from any source including books, journals, newspapers, eBooks, internet, and photographs
To whom can the copies be given?
- Copies made under the licence are strictly for the educational purposes of the Cairnmillar Institute and access is strictly limited to Cairnmillar Institute students and staff.
How many copies can be made?
- There is no limit to the number of copies made
- However, every copy you make must be for the educational purposes of the Cairnmillar Institute and within the copying limits
Use of eBooks and digital/electronic material accessed from the Library and Library databases
Journal articles and eBooks which are sourced from the Cairnmillar Library databases and/or the Cairnmillar Library Discovery system – Primo*, are made available under licencing agreements that permit access for use only at the Cairnmillar Institute.
*The Cairnmillar Library Discovery system – Primo will be implemented and operational from January 2022.
What about electronic and digital copies?
- The Cairnmillar Institute must take all reasonable steps to ensure that each electronic/digital copy can only be received or accessed by persons entitled to receive or access it
- This is achieved by using authentication software, which identifies and authenticates each user as a staff member or student of the Cairnmillar Institute
- That is, a current Cairnmillar Institute academic may communicate an electronic/digital copy of a resource which has been obtained from the Cairnmillar Institute Databases or the Cairnmillar Library Discovery system – Primo, only to a Cairnmillar Institute enrolled student or academic.
Can electronic/digital copies sourced from Cairnmillar be shared?
- Electronic or digital copies of materials gained from the Cairnmillar Institute databases or the Cairnmillar Library Discovery – Primo cannot be shared with others outside of the Cairnmillar Institute (for example people who are not current staff or enrolled students of the Cairnmillar Institute)
- Digital or electronic copies of materials placed on the Cairnmillar LMS (Canvas) which are gained through Cairnmillar sources cannot be shared, for example, by uploading them to student resource sharing websites, or by emailing them to friends or colleagues at other universities
Can electronic/digital copies sourced from other Universities or Organisations be shared?
- Electronic and digital journal resources from other Universities and organisations are generally covered by licencing agreements, which permit access only for the educational use of the staff and students at that University or organisation.
- These licencing rules mean that an academic who has access to a Library system or their databases at a University / Institution other than Cairnmillar Institute, may not download, distribute, or place on the Cairnmillar LMS (Canvas) in any way – digitally or in hard copy – any resources from that University or Institute.
- For example:
- A Cairnmillar Academic who is also an Academic at another University may not download electronic / digital resources from that University and use/distribute them at Cairnmillar without permission.
- A Cairnmillar Academic or Student who has access to another University (eg. as a student or academic, via using a friend / family member’s login, as an alumni) may not download, distribute, or place on the Cairnmillar LMS (Canvas) any digital or hardcopy resources from that University.
- The Cairnmillar Institute does not have access to other University/Organisation’s licencing agreements for the use, downloading and distribution of resources. For further information contact that University/Organisation’s Copyright Officer.
Are there are exemptions to this rule that will allow the use of resources sourced from other Universities or Organisations?
- Resources sourced by the Cairnmillar Library using Libraries Australia, Flex, or other document delivery systems may be shared and distributed within the Cairnmillar Institute and to staff and enrolled students, according to the specified agreement of the document delivery system
- Academics requiring resources from another University/Organisation should contact that University/Organisation’s Copyright Officer for each item required and request permission to download and distribute that resource
- Information regarding a Copyright Officer can usually be located on the Library page of the University
- If no Copyright Officer exists, contact the Library staff at the University/Organisation concerned
- Open Access, Creative Commons or public domain resources sourced from another University or Organisation’s Library or Discovery service will potentially still be covered by their licencing agreements and so cannot be downloaded or distributed at the Cairnmillar Institute
General Comments
- If in doubt – do not download or distribute resources
- There are significant fines and penalties for breaching the Australian Copyright laws for both the Institution and the Individual involved
- Copyright breaches are often reported and acted upon
- Surveys of Institutions are regularly undertaken by the Copyright Agency, which may include checking Learning Management Systems
For more information, contact
- Cairnmillar Library library@cairnmillar.edu.au
- Copyright Agency copyright.com.au
- Australian Copyright Council https://www.copyright.org.au/
References:
Australian Copyright Council. (2019). Education: Copyright fundamentals. https://www.copyright.org.au/browse/book/ACC-Education:-Copyright-Fundamentals-INFO048
Commonwealth of Australia. (1968). Copyright Act 1968 (as amended). http://www5.austlii.edu.au/au/legis/cth/consol_act/ca1968133/
Copyright Agency. (2019). Education licensing: A detailed guide. www.coyright.com.au
EBSCO. (2021). EBSCO licence agreement [as of 29 September 2021]. https://www.ebsco.com/license-agreement
ProQuest. (2021). Terms and conditions [as of 10 November 2021]. https://about.proquest.com/en/about/terms-and-conditions/