Copyright Licenses at VUW

Copyright ©2004 Stephen Marshalldistributed under the terms of the GNU Free Documentation License

(http://www.gnu.org/licenses/licenses.html)

Note: I am not a lawyer, this is provided for information purposes only. If you have a need for advice on copyright matters please consult a lawyer

Licences:

CLL Copyright Licence– Print materials

Screenrights– Recordings of broadcasts

Databases Academic contract

CLL Copyright LicenceAllows for the following copying: up to 10% or one chapter of a work, whichever is the larger; up to 15 pages of a single work in a collection of works even if the work

is published separately; one article from a periodical publication - additional articles if they are

on the same subject; an artistic work (such as an illustration) published in a work; a repeat copy from a work within 14 days of it last being copied

provided that it is not for the same paper, unit or module of a course of study;

an out of print work, by photocopying only, subject to prior confirmation from CLL that the work is unavailable in sufficient quantity within a reasonable time at the normal price. Electronic copying of a whole work under this clause is specifically excluded.

CLL Copyright LicenceDoes not allow copying of works stipulating that they may not be copied under a copyright

reprography licence of this nature; works downloaded from the Internet; printed music (including the words); loose maps and charts; unpublished religious orders of service; New Zealand newspapers (from October 2003); house journals (publications for employees); photographs and/or illustrations published separately from a textual

work; privately owned work issued for tuition purposes and limited to a

clientele who pay fees; or theses, dissertations and student papers.

CLL Copyright LicenceElectronic copies can be distributed by means of: a password protected Intranet; or email; or a CD/DVD

The following notice must be displayed:

Copyright Warning NoticeThis material may be used only for the Victoria University of Wellington’s educational purposes. It includes extracts of copyright works copied under copyright licences. You may not copy or distribute any part of this material to any other person. Where this material is provided to you in electronic format you may only print from it for your own use. You may not make a further copy for any other purpose.Failure to comply with the terms of this warning may expose you tolegal action for copyright infringement and/or disciplinary action bythe Victoria University of Wellington.

CLL Copyright Licence Type of work Educational copying

entitlements under thecopyright act 1994

Photocopying or electroniccopying permitted underthe CLL licence

Book 3% or 3 pages but not if thatincludes the whole work

10% or one chapterwhichever is greater

Periodical article Not permitted as constitutes“whole work”

The whole article or morethan one article from thesame issue of a periodicalpublication where each of thearticles copied is on the“same” subject matter

Poem or short story Not permitted as constitutes“whole work”

Up to 15 pages of the wholeor a part of the work

Diagrams and illustrations Can copy as part of largerextract as above. Cannotreproduce the diagram orillustration by itself

The whole diagram orillustration published in atextual work unless it hasbeen reproduced “withpermission”

Out of print works Whole works cannot becopied without thepermission of the rightsowner(s)

Photocopying only of up toand including the whole workprovided CLL has previouslyconfirmed it is satisfied thatthe work cannot be obtainedwithin a reasonable time atan ordinary commercial price

Repeat copying No staff member or studentcan copy from the same workwithin 14 days

Permitted provided it is notcopied by the same staffmember for the same course,paper, unit or module

Screenrights Licence Allows for the recording of broadcast materials “for the

educational purposes” of the University Must keep records of from where and when recordings were

made Must include notice on the recording when it is distributed:

“Made only for Victoria University of Wellington’s educational purposes Title of broadcast: [title] Date of broadcast: [date] Date this copy made: [date]”

DatabasesLibrary databases are protected by contracts Generally you cannot copy materials from the

database and give to your students Generally you can link, or make copies for own

private study and research

Academic ContractsAll academic work is governed by the following clauses in the contract:

9.0 INTELLECTUAL PROPERTY

9.1 Copyright in any original material of a scholarly, literary, dramatic, musical or artistic nature produced by academic staff shall vest in those staff. This shall include all lecture notes, research materials, and the drafts or published results of research, but shall not extend to materials produced for the administrative work of the University or examination and assessment materials, or teaching materials published by the University.

9.2 Other intellectual property (including that which may be subject to a patent) created in the course of the employment of academic staff shall belong to the University. The University's policy on intellectual property states that, "Income earned by the University from its intellectual property should be shared with the employees who created the property according to a formula which provides both proper allowance for the relevant costs and overheads of the University and fair recognition to the creator of the property. Unless otherwise agreed between the University and the employee, the formula should be that used for the distribution of income received from contract research".

This includes teaching materials created by your colleagues!