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Marking requirements under Part VB

by admin last modified 2008-09-12 01:14

Terms in bold are defined in a glossary of terms.

For an outline of when an educational institution can record a TV or radio program under Part VA of the Copyright Act, click here.

Under Part VB, institutions must include certain information on electronic copies and comunications. Institutions covered by a records notice must also include certain information with hardcopy reproductions.

Notation on electronic reproductions & communications

Institutions must include a copy of the following special message on or with any copyright works when they are either reproducing or communicating them in or into electronic form under Part VB:
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of institution] 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 reproduction or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

Note that this wording must be put onto reproductions in electronic form as well as onto communications, even though the wording of the notice refers to the material having been “reproduced and communicated” by the educational institution.


Notation on hardcopy and analog reproductions

An institution covered by a records notice must mark each hardcopy or analog reproduction it makes with certain information. Check with your copyright officer or with Copyright Agency Limited.
 

Moral rights

Apart from any requirements in Part VB, there are separate obligations in the Copyright Act to attribute the author of a work, unless the author has consented to being unattributed or it is reasonable to not attribute. These obligations are referred to as moral rights.

Practical reasons for notation on copies

Apart from any legal obligations, there can be practical advantages in marking or notating copies made under Part VB. For example, including academically acceptable bibliographic information can assist students to find the published version of any copied excerpts (for example, the name of the author; title of the work; any details on the edition used if the material is sourced from a second or subsequent edition; place of publication; name of publisher; and year of publication).

 

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