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Artistic works

A group of works protected by the Copyright Act that includes paintings, drawings, cartoons, sculpture, graphs, craftwork, photographs, maps, and plans.

Attribution

To recognise and publicly identify a creator with her or his works, such as the writer of a novel, the director of a film, etc.

Broadcasts

A group of “subject matter other than works” protected by the Copyright Act that includes radio or television broadcasts, including pay television broadcasts.

Cinematograph films

See films

Circumvention Devices and Services

Are devices and services designed to circumvent (get around) legitimate technological protection measures put in place by copyright owners to protect their materials, such as a copy control mechanism for a website.

Collecting Societies

Collecting societies are representative bodies for copyright owners who may administer the statutory licence schemes under the Copyright Act 1968 and may also offer licences on behalf of their members. They generally manage the collection of monies from copyright users and the distribution and payment of those moneys to relevant copyright owners.

Communicate/communication

Communication means to make copyright material available online, or to transmit it electronically to the public.

Copyright

An area of law that recognises and protects the intellectual innovation, labour and skill involved in the creation of materials. Copyright consists of a bundle of exclusive economic rights that the copyright owner can exercise, such as the right to publish original material for the first time.

Copyright Agency Limited (CAL)

CAL is a non-profit organisation whose members include writers and publishers. CAL collects copying fees from educational institutions, and pays the collected monies to the writers and publishers whose works have been copied.

Copyright Agency Limited (CAL) Agreement

An arrangement between CAL and the schools sector that defines how the statutory licence will operate in terms of payment, terms and determination of usage (currently sampling etc.).

Defence

A legal term used in copyright law to describe certain recognised rationales (defences) for infringing the exclusive rights of the owner of copyright material. See fair dealing.

Digital

The representation of information through binary code electronic patterns.

Digitisation

The expression of information in a digital form. This can mean to create material originally in binary electronic code or to convert it from analogue into digital form.

Dramatic works

A group of works protected by the Copyright Act that includes choreographies, scripts or scenarios for films, plays, shows, or pantomimes, and any other works intended to be performed.

Educational institution

The definition of educational institution in the Copyright Act is broad, including the majority of pre-schools, schools, tertiary and vocational institutions in Australia. The definition encompasses both for profit and not for profit organizations. If you require more extensive detail on this issue please refer to section 10 of the Copyright Act.

Electronic form

A term, which includes material in digital or electronic form, such as a CD ROM or a computer readable format such as a PDF file. For example a literary work in electronic form would include an e-book, an article in an online journal, or a work distributed by email.

Exclusive rights

The rights given to a copyright owner are “exclusive” rights, in the sense that they can only be exercised with the copyright owner’s consent. In other words, the copyright owner can prevent others from doing any of the acts protected by copyright, and permit others to use the copyright work with his or her “licence”.

Fair dealing

Fair dealing is one of the defences to copyright infringement. The Copyright Act provides that copying a reasonable portion of a work for the purposes of research or study will be fair dealing. See reasonable portion.

Films

A group of “subject matter other than works” protected by the Copyright Act that includes films, videos, documentaries, advertisements, television programs and some computer games and multimedia products comprising moving pictures.

Hardcopy

Hardcopy includes printed material on paper, cardboard or cellulose, such as books, magazines, slides, postcards, pamphlets and so on. For example a literary work in hardcopy form would include a printed book, seminary paper or poetry anthology. An artistic work in hardcopy from would include a photograph on photographic paper, a picture drawn on paper or a graph included in a printed book.

Library/libraries

“Library” is not defined in the Copyright Act however the Australian Copyright Council has adopted the Collins Dictionary definition of:

“1. a room or set of rooms where books and other literary materials are kept.
2. a collection of literary materials, films, tapes, gramophone records, etc, kept for reference or borrowing.”

Literary works

A group of works protected by the Copyright Act that includes:

• written materials such as journal articles, novels, poems, song lyrics and reports; and
• computer programs (or compilations of computer programs) and compilations such as directories and databases.

Musical works

A group of works protected by the Copyright Act that includes musical scores, sheet music, and compositions. Song lyrics are protected as literary works.

Not separately published

Copyright material is not separately published if it is not published by itself as an individual item. For example a poem included in an anthology but not published by itself will not be separately published.

Published editions

A group of “subject matter other than works” protected by the Copyright Act which is provides protection for the typographical layout of particular publications of works.

Public domain

Material in which the copyright has expired is often referred to as in the public domain. Generally, copyright material enters the public domain when the period of copyright protection has expired. For most published copyright works, this occurs 50 years after the year of the author’s death. For other materials (for example photographs, films and sound recordings), copyright expires 50 years after the year of first publication.

Reasonable portion

The statutory licence provides for the copying and communicating of a “reasonable portion” of a literary, dramatic or musical work in hardcopy form, or a literary or dramatic work in electronic form. The meaning of “reasonable portion” of a published literary or dramatic work in electronic form is generally taken as 10 per cent of the words in the work, or up to one chapter of the work, if the work is divided into chapters. For a published literary, dramatic or musical work in hardcopy form is generally taken as 10 per cent of the pages in the work, or up to one chapter of the work, if the work is divided into chapters.

Reasonable time

Reasonable time is not defined in the Copyright Act. In the past in agreements between educational institutions and CAL the adopted view has been that it means six months in respect of course materials, which are text books intended to be issued to or otherwise obtained by any student, and 30 days in respect of other works. To check availability simply contact your usual book supplier. In relation to textbooks if your institution is unable to purchase the work within that reasonable timeframe, contact CAL.

Reproduction

The act or process of duplicating or copying copyright works which can be done through a variety of technologies including photocopying, scanning, electronic file duplication, etc. Reproduction includes reproduction into, or from a digital format, including the first digitisation of a work

Sound recordings

A group of “subject matter other than works” protected by the Copyright Act that includes audio recordings stored on vinyl records, compact discs, audiotapes and similar media.

Statutory licence

The Copyright Act contains a number of statutory licences. One example is the statutory licence in Part VB of the Copyright Act (sometimes known as the CAL Licence) that allows educational institutions to reproduce and communicate works for educational purposes. Limits apply to the extent of copying and communicating under the licence.

Subject matter other than works

A category of material protected by copyright that includes television and radio broadcasts, sound recordings, films, and published editions. Copyright in this subject matter generally protects the interests of investors in copyright industries such as the recording, film, broadcasting (sound and TV) and publishing industries.

Works

A category of material protected by copyright that includes literary, dramatic, musical and artistic works. Copyright in “works” protects the interests of individual creators such as authors, lyricists, poets, composers, artists and photographers.