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Electronic copying and communications

Under the VB Statutory Licence between ECU and Copyright Agency Limited, electronic copying and communication of third-party copyright materials must satisfy four key aspects:

  • educational purposes;
  • electronic use notice;
  • copying and communication limits; and
  • only one part available online.

Educational purposes

Any copying and/or communication must be for educational purposes. It must either be stored in the library, or be directly connected with a course of study. The materials must have a password so they can only be accessed by ECU staff and students.

Electronic use notice

Each electronic copy or communication made under educational statutory licence MUST contain the following 'electronic use' notice for the reader to view – either immediately before or while downloading.

This notice is also provided as a download and should be used when preparing electronic documents.

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been copied and communicated to you by or on behalf of EDITH COWAN UNIVERSITY pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

Copying and communication limits

Literary and musical works

  • Electronic use notice - Must be displayed before or with each reproduction
  • Copying and communication limits - One chapter or up to 10% of the words
  • Communication limits - ECU may only have one part of a copyright work available online at any one time and it must only be accessible to students and staff (password protected).

Periodicals

  • Electronic use notice - Must be displayed before or with each reproduction
  • Copying and communication limits - One or more articles from a periodical if they are on the same subject matter
  • Communication limits - Must only be accessible to students and staff (password protected)

Artistic work (drawings, paintings, etc.)

  • Electronic use notice - Must be displayed before or with each reproduction
  • Copying and communication limits – Whole work may be reproduced
  • Communication limits - Must only be accessible to students and staff (password protected)

Notes

  • An insubstantial portion of a literary or dramatic work (no more than 1% of the total number of words) may be reproduced and/or communicated once every 14 days and you must remove the original insubstantial portion before you make another portion available online.
  • The limits may be exceeded if a literary, dramatic or music work hasn’t been separately published or you’re satisfied, after reasonable investigation, that the work isn’t available in electronic form within a reasonable time at an ordinary commercial price. Details of your investigation should be documented for future reference.
  • Any reproduction or communication above the limits allowed by the Copyright Act requires permission from the copyright owner. The permission should be obtained in writing and kept on an official file.
  • An anthology is a collection of works, each of which needs to be assessed individually under the limits. An edited book containing works by different authors would fit under this category. You l should not copy and/or communicate more than 10% of an anthology.

Only one part available online

ECU is required to ensure that only one part of a work is available online at any one time.

An ECU library facility called e-Reserve enables all staff to put third-party copyright materials online. The library then does a search to ensure another part of a work is not already online.

It’s not necessary to record reproductions that are emailed to students or staff; only reproductions that are made available online need to be recorded.

Works that have been available online for more than 11 months need to be reviewed to ensure they should remain available. Copyright law deems a second communication to have occurred once a work has been online for 12 months. This could result in additional costs to ECU.

Contact

General Counsel
Jo Quinn
Telephone: (61 8) 6304 2016
Email: copyright@ecu.edu.au

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