This procedure outlines the processes and actions required in response to an infringement notification or upon otherwise becoming aware of possible copyright infringements by a university staff member or student on University property, and/or using University networks or resources.
The procedure responds to the requirements for “safe harbour” protections to the University under the Copyright Amendment (Service Providers) Act 2018.
- Copyright Act 1968 (Cth)
-
Federation University Australia Statute 2021
- Part 6 Div 4 – Student misconduct
-
Federation University Australia Student Regulations
- Div 4, 49, Student General Misconduct – engage in copyright breach
- Staff code of conduct (HR1659)
| TERM | DEFINITION |
| The Act | The Copyright Act 1968 (Cth). |
| Authorised user | All staff, students, and other users who are authorised by the University to use its systems or its network to access the Internet. |
| Communication | To make available on-line or electronically transmit to staff and students of the University. |
| Copyright |
Copyright in Australia is governed by the Act. This legislation gives the owner of copyright in literary, dramatic, musical and artistic works, sound recordings, films and broadcasts exclusive rights to use those works. The types of uses include the right to:
This means that permission needs to be obtained from the owner of copyright before anyone can do any of these acts. |
| Copyright Regulations | Regulations made under the Act. |
| Copyright Office | The University service responsible for coordination of copyright advice. |
| Copyright Officer | The designated University Copyright Officer is the Director, University Library, for the purposes of the Act. |
| Designated person | For the purposes of the Act the Designated Person for the receipt of Takedown notices is the University Copyright Officer |
| Staff | Any person employed by the University. This includes academic, teaching and professional, full-time, part-time, sessional or casual. Staff, for the purpose of this policy, also includes visiting teaching and research staff, academic associates and other contracted staff, University-based student and staff associations. |
| Student | Any person currently enrolled as a student of the University. This includes full-time, part-time, block-mode or online students. |
| Takedown notice | An electronic form whereby copyright owners, or their agent, are able to report any perceived copyright infringement, or a breach of an agreed licence or contract, on the University network. |
| A. | Ensuring ease of access for potential breach reports via the Copyright Takedown notice | Copyright Officer / Copyright Coordinator | Ensure link to Copyright Takedown Notice is included in the footer of every web page and that notices are received directly by the Copyright Officer, or other designate. |
| B. | Enacting clear procedures for responding to Takedown notices or when otherwise becoming aware of possible copyright infringements | See process outlined below in 2a and 2b |
| ACTIVITY | RESPONSIBILITY | STEPS | |
| A. | Takedown notification received by the University | Designated Representative or delegate, Copyright Coordinator; or any staff member receiving Takedown notice |
|
| B. | Acknowledge the Takedown notice and inform IT Services | Designated Representative or delegate, Copyright Coordinator |
|
| C. | Remove the suspected item and identify its owner | Manager, ITS Security & Risk |
|
| D. | Contact owner and inform of process | Designated Representative or delegate, Copyright Coordinator |
|
| E. |
Investigate Sanctions |
Designated Representative or delegate, Copyright Coordinator |
|
| F. | Maintain accurate records | Designated Representative or delegate, Copyright Coordinator / Manager ITS Security & Risk | Record the breach and keep on a centrally managed file accessible to the University Copyright Officer and Manager ITS Security & Risk |
| ACTIVITY | RESPONSIBILITY | STEPS | |
| A. | Informing of potentially infringing material on University networks or facilities | Staff/Students | Report potential infringing material on University networks or facilities to copyright@federation.edu.au or through the online form linked from each Federation University webpage |
| B. | Recalling or removing non-compliant content | University Copyright Officer / Copyright Coordinator |
|
The Chief Operating Officer (as the Approval Authority) is responsible for monitoring the implementation, outcomes and scheduled review of this procedure.
Director, University Library (as the Document Owner) is responsible for maintaining the content of this procedure as delegated by the Approval Authority.
Copyright Coordinator is responsible for the administration support for the maintenance of this procedure as directed by the Director, University Library.
The Copyright and Takedown Procedure will be communicated throughout the University community in the form of:
- an Announcement Notice via FedNews website and on the ‘Recently Approved Documents’ page on the ‘Policies, Procedures and Forms @ the University’ website to alert the University-wide community of the approved Procedure;
- distribution of e-mails to ITS Director
The Copyright Procedure will be implemented throughout the University via:
- an Announcement Notice via FedNews website and on the ‘Recently Approved Documents’ page on the ‘Policies, Procedures and Forms @ the University’ website to alert the University-wide community of the approved Procedure;
- Staffinduction sessions
- Training sessions
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