What is Copyright?

Copyright protects: 

• textual material (“literary works”) such as journal articles, novels, screenplays, poems, song lyrics and reports 
• computer programs (a sub-category of “literary works”)
• compilations (another sub-category of “literary works”) such as anthologies – the selection and arrangement of material may be protected separately from the individual items contained in the compilation
• artistic works such as paintings, drawings, cartoons, sculpture, craft work, architectural plans, buildings, photographs, maps and plans;
• dramatic works such as choreography, screenplays, plays and mime pieces
• musical works: that is, the music itself, separately from any lyrics or recording
• cinematograph films: the visual images and sounds in a film, video or DVD are protected separately from any copyright in works recorded on the film or video, such as scripts and music 
• sound recordings: the particular recording itself is protected by copyright, in addition to, for example, the music or story that is recorded
• broadcasts: TV and radio broadcasters have a copyright in their broadcasts, which is separate from the copyright in the films, music and other material which they broadcast; and 
• published editions: publishers have copyright in their typographical arrangements, which is separate from the copyright in works reproduced in the edition (such as poems or illustrations or music).  

(extract from Introduction to copyright in Australia Information sheet, October 2022, Australian Copyright Council) 

Is it OK to share an article with a colleague which I received through the Library's document delivery service?

No, you cannot share the article supplied to you by the Library. You cannot save a copy of the article to a shared network drive. When you requested the article, you declared that you understood that all documents requested electronically through the Document Delivery Service are subject to copyright restrictions.  You can share the request form link and your colleague can request the same article for themselves.

Is it OK for me to upload an article to the open Internet which I found useful and which I saved from the Library or CIAP electronic collections?

No, you are only allowed to publish articles to which you own the copyright.  You can share a link to the article with your colleagues. Contact the Library staff and we can help you create a web link which will prompt your colleague for the correct login, that is, StaffLInk (for CIAP resources) or Athens (for the Library resources).

Are images and photos on the Internet free to use or modify and not subject to copyright law?

No, before using an image or a photo found on the Internet, make sure that its license is legitimate and check the exact terms of use. For example, the license might require that you give credit to the image creator/photographer when you use the image. Royalty-free does not mean non-copyright, and these images may have limits on their license for use.

Select images/photographs from:

• iStock - the Strategic Communications and Media Unit has a subscription and can download the images for SWSLHD staff on request.
• Unsplash
• Creative Commons
• Google Images - use the Advanced Search, and in Usage rights, use the drop-down to choose Free to use share or modify

For more information please read Photography & Copyright and Fees and Royalties for Use of Copyright Material information sheets by the Australian Copyright Council.  

It is generally agreed that the first owner of the copyright is the original creator of the work.  There are important exceptions: Employees, where work has been created by an employee as part of their job, copyright usually is held by the employer. State, Territory or Federal Government will usually own copyright in material created, or first published by it or under its direction or control.  

The general rule is that copyright lasts for the life of the creator, plus 70 years.  After the Copyright Amendment (Disability Access and Other Measures) Act 2017, it has changed copyright protection for unpublished works prior to 1 January 2019. If the copyright owner is the Commonwealth, State or Territory government, copyright lasts for 50 years from the end of the calendar year in which the material was made, or the end of first year of publication. 

For more information please read Duration of Copyright information sheet by the Australian Copyright Council.  

There are some exceptions to copyright, the main exception is “Fair Dealing”.  A popular use of Fair Dealing is for research and study, where a once only portion can be used without permission.  For more information please read Fair Dealing: what can I use without permission? information sheet by the Australian Copyright Council.  

Please note a licence contract to digital resources, such as photographs on internet, online journals/websites has certain restrictions or permissions granted to you on purchase of the licence. The copyright exceptions does not allow you to break your licence contract, even if it possible under “fair dealing”.  Before signing a licence agreement for digital resources please read carefully before payment, as you are bound by the conditions of the licence.