copyright licenses at vuw copyright ©2004 stephen marshall distributed under the terms of the gnu...
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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
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CLL Copyright Licence
Allows 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.
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CLL Copyright Licence
Does 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licence of this nature; works downloaded from the Internet; printed music (including the words); loose maps and charts; unpublished religious orders of service; New Zealand newspapers (from October 2003); house journals (publications for employees); photographs and/or illustrations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.
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CLL Copyright Licence
Electronic 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.
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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
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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]”
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Databases
Library 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
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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!
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Contractors
21: First ownership of copyright
(1) Subject to the provisions of this section, the person who is the author of a work is the first owner of any copyright in the work.
(2) Where an employee makes, in the course of his or her employment, a literary, dramatic, musical, or artistic work, that person’s employer is the first owner of any copyright in the work.
(3) Where —
(a) A person commissions, and pays or agrees to pay for, the taking of a photograph or the making of a computer program, painting, drawing, diagram, map, chart, plan, engraving, model, sculpture, film, or sound recording; and
(b) The work is made in pursuance of that commission,
—that person is the first owner of any copyright in the work.
(4) Subsections (2) and (3) of this section apply subject to any agreement to the contrary.
(5) Subsections (1) to (4) of this section apply subject to sections 26 and 28 of this Act.
New Zealand Copyright Act 1994