Copyright for staff and students

Here you will find information relevant to your situation.

It is recommended that all staff read the University's Copyright Materials Policy. This policy document provides an overview of copyright issues at the University.

Copyright for teaching staff


Infringing use of staffs' own material

Reposting of course materials online without permission of the copyright owner can result in copyright infringement. This can occur when students post material belonging to faculty staff onto websites which make a profit from onselling course information. Teaching staff who are concerned that their creative work is being distributed online without their consent can follow the steps outlined by the Copyright Center of Cornell University to locate, and request removal of, copyrighted work that they believe is being inappropriately used.

Use of third party copyright works

The table below is a guide specifically for teaching staff that outlines entitlements to use and copy material, according to the education provisions of the Copyright Act and the various licences that the University holds. More information on each licence type, including the CLL, Screenrights, and Music licences, can be found on the About copyright page. Don't forget, all use of copyright material is subject to the "moral rights" of the author/authors. If part of a copyright work is copied, it must always be accompanied by sufficient attribution, and must be reproduced faithfully.

Copyright compliance for teaching materials and Talis reading lists.

University of Auckland teaching staff must use Talis reading lists to provide students with copyright compliant online access to course readings. See Talis lists for staff to learn how to make lists and request digitisations to ensure copying is compliant with the Copyright Licensing Limited (CLL) licence and recorded for future reporting to CLL.

This is to ensure that the information about what has been copied can be provided to the content aggregators and Copyright Licensing Ltd (CLL) who then distribute the licence fees paid by the University to the publishers and authors of the content that has been copied under the CLL licence or accessed through the library databases.

Type of work

For use in preparing for OR teaching a course (one copy only)

Copying for course materials for distribution to students in hard copy or electronic form

Images and diagrams See Copying images and diagrams for teaching purposes See Copying images and diagrams for teaching purposes

Book: hard copy

Yes

Copyright Act: s 44(1)

Yes, 10% or 1 chapter, whichever is greater   

You must request digitisation of the item using a Talis reading list to comply with the CLL licence

Book containing anthology of poems or short stories: hard copy

Yes

Copyright Act: s 44(1)

Yes, up to 15 pages of the whole or a part of the work 

You must request digitisation of the item using a Talis reading list to comply with the CLL licence                

Book containing essays or chapters written by different authors: hard copy

Yes

Copyright Act: s 44(1)

Yes, up to 15 pages of the whole or a part of the work

You must request digitisation of the item using a Talis reading list to comply with the CLL licence

eBook

Yes

Copyright Act: s 44(1)

Yes, 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies*

Provide a link to the work if held in the Library

Copyright Act: s 44(3)

Literary work: online - make an electronic copy

Yes

Copyright Act: s 44(1)

 

Yes, only on LMS, such as Cecil

Copyright Act: s 44A

Until offered a licence

Copyright Act: s 48

Literary work: online - make an paper copy

Yes

Copyright Act: s 44(1)

Yes, 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies*

Copyright Act: s 44(3)

Periodical article and foreign newspapers: hard copy

Yes

Copyright Act: s 44(1)

 

Yes, the whole article or more than one article from the same issue of a periodical publication where each of the articles copied is on the same subject matter

You must request digitisation of the item using a Talis reading list to comply with the CLL licence

NZ newspaper: hard copy or online

Yes

Copyright Act: s 44(1)

 

Yes, the whole article or more than one article from the same issue of a periodical publication where each of the articles copied is on the same subject matter

You must request digitisation of the item using a Talis reading list to comply with the CLL licence

Foreign newspapers: online

Yes

Copyright Act: s 44(1)

Yes, only on LMS, such as Cecil

Copyright Act: s 44A

Until offered a licence

Copyright Act: s 48

NZ Acts, Bills, regulations and by-laws

Yes, not protected by copyright

Yes, not protected by copyright

Judgments of NZ courts (excluding headnotes)

Yes, not protected by copyright

Yes, not protected by copyright

NZ Parliamentary debates, Select Committee Reports, Royal Commission, Commissions of Inquiry, Ministerial Inquiry, Statutory Inquiry reports

Yes, not protected by copyright

 

Yes, not protected by copyright

 

Unpublished literary works

Yes

Copyright Act: s 44(1)

 

Yes, 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies*

Copyright Act: s 44(3)

Newspaper and periodical articles: subscribed library databases

Yes

Copyright Act: s 44(1)

Yes, but only via link to article on the database

Not otherwise, unless the particular database licence permits                   

Film/Video: online

Yes

Screenrights licence

 

Yes, must be on internet with permission of copyright owners (unauthorised copies cannot be copied under the licence), if in doubt provide link only

Screenrights licence

Film/Video: commercial DVD

May show, but cannot make a copy unless consists of or includes the making of a film or a soundtrack

Copyright Act: s 45 (1) & 2

No, unless consists of or includes the making of a film or a soundtrack

Copyright Act: s 45 (1) & (2)

Film/Video: broadcast

Yes

Screenrights licence

Yes, may be streamed to authorised users

Screenrights licence

Video created by staff

Yes, but only with permission of any identifiable individuals and copyright owner

If the video was recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required

Video created by staff containing 3rd party music

Yes, under the Music licence, if permission of identifiable individuals and copyright owner obtained

If the video was recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required

Photographs: unpublished

Yes, if copyright owner and identifiable individuals included in photographs have consented

If the photo was taken in a public place where there is no reasonable expectation of privacy then consent of individuals not required

Music: commercial CD

Yes, under the Music licence but must be for University’s educational purposes             

Music: online

Yes, under the Music licence but must be for University’s educational purposes 

Music: broadcast

Yes, under the Screenrights licence

Music: sheet

Yes

Copyright Act: s 44(1)

Yes, 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies*

Copyright Act: s 44(3)

Music: library databases

Yes, you may play in class, but no copying unless the terms and conditions of the database permit copying for teaching purposes

Yes, so long as you only provide link

No copying unless terms and conditions of the database permit multiple copies

* 50% rule and the 14 day rule

Where you are relying on the Copyright Act to copy 3% or 3 pages of a work you may copy no more than 50% of the work. So if the work is a page long, then you can only copy half a page.

Section 44(6) of the Copyright Act states that where a staff member is making multiple copies and relying on the Copyright Act to do so, for example copying from sheet music, then a further 3 pages or 3% of that part or another part of a work or an edition, cannot be copied within 14 days by or on behalf of anyone else in the University.

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Copyright for research or study purposes


This section deals with copyright as it relates to theses and dissertations and also provides some answers to questions you may have as a researcher.

Who owns copyright?

You own copyright in the material you produce which is your own original work. If your research is funded by an external agent you may not own copyright in materials produced as a result of that research: the terms of the research contract will set out who owns copyright in the work produced. You also may not own copyright in your own work if you have assigned copyright to another person, for example, copyright in a journal article to a publisher. See the section right to use my work again if it's published.

How do I obtain copyright to protect my work?

Copyright arises automatically in New Zealand when a work is recorded or written down. Once a work has been created it is protected, providing it has the requisite level of originality. You do not need a copyright symbol, or to register the work, for it to be protected. Your right to the work you have created is also protected under the University of Auckland Intellectual Property Created by Staff and Students Policy.

If you want to formally protect it, the best way is to make sure you have evidence that you created the work before the person who you believe has copied your work.  The person who can demonstrate to the court that they were the first to record the work will be successful.  Although in New Zealand you cannot register a copyright work, you can protect it by using the © symbol beside your name along with the date.

The other way to protect a work, particularly if it is a play and it is being performed, is to make a recording of the performance and keep copies of flyers etc showing the dates on which the work was performed. Another suggested way is to post a copy of the manuscript to yourself with a date stamp on the envelope. This envelope should remain sealed until such time as you need to rely on it for evidence.  
 

How do I avoid infringing other peoples work?

While you are permitted under the Copyright Act to copy another person’s copyright work (third party copyright) and include that in the work you produce there are conditions that must be fulfilled:

  1. You must fully attribute the other person’s work in accordance with the requirements of your discipline; and
  2. The permission does not apply if you publish or communicate your work outside the University for purposes other than assessment or examination of the work.

Make sure you have permission to use other peoples work

Depositing a digital copy of your thesis or dissertation in the University’s research repository ResearchSpace, makes it a publication because it is posted online and is potentially made available to the whole world. Prior written permission to allow your work to be made publicly available must be obtained from the copyright owners where:

  1. A whole work is copied – a photograph, short story, poem, diagram, chart, graphic or image is considered to be a whole work and is not just a part of the publication in which it appears; or
  2. A substantial part of a work is copied – a copy of a part of a work is considered substantial if it represents the essence or an important or significant part of that work, however a short quote for academic purposes is unlikely to be considered substantial; or
  3. You have collaborated with another person to create a copyright work which is jointly owned; or
  4. Where you have permission to use a work for one purpose for example, a performance and you now wish to include a recording of that work in your thesis, i.e. the permission does not cover the use of the work for another purpose.

You will require permission to copy works, including works posted on the Internet, unless the author has clearly stated that the work may be copied and posted on the internet or otherwise published.

Take care with material provided to you by your lecturers

Many of the materials you are provided with as part of your studies, such as a chapter from a book or a journal article, are copied under special copyright licences paid for by the University. You can print a copy for yourself if the material is in electronic form, but you cannot make extra copies or share with others unless one of the exceptions applies (see About Copyright for circumstances when copying is permitted without permission). This means you cannot post these materials on social media sites such as Facebook even if it is for study purposes.

Lecturers own copyright in their lectures. You must not record those lectures without permission and you must not share those recordings without permission or post them on the Internet.

How do I obtain permission to use a work?

Obtaining permission to use a copyright work requires that you enter into an agreement with the rights owner(s) of that work. This agreement must give you the right, or licence, to use the work.

Getting permission requires you to undertake the following steps before your thesis or dissertation can be placed in ResearchSpace, the University's research repository:

  1. Determine that the work is protected by copyright
  2. Identify the rights owner(s)
  3. Contact the owner(s) and negotiate whether payment is needed
  4. Get each permission in writing

If you are unsure whether you need to obtain written permission you will need to check with your supervisor or Head of Department who may be able to assist you. A draft letter which can be used for approaching copyright holders for permission is provided below.

If you have been unable to obtain permission to reproduce material, you may consider placing that material in a separate section of your thesis which can then be suppressed from public view or the whole text of the thesis can be suppressed. Email copyright@auckland.ac.nz for more information on these options.

How do I retain the right to use my work again if it’s published?

Although you own copyright in your own work in the first instance you may transfer ownership of copyright to another person by assigning it. The assignment must be in writing and signed by you. Traditionally copyright is assigned to the publisher in exchange for publishing a work. Once you have assigned copyright to the publisher you give up all of your rights to that work. This means that without the permission of the publisher you cannot print the work and distribute it to your colleagues; or post the work on your personal website or in the University’s research repository.

If you are publishing your work and would like to include that work in your thesis then you will need to either ensure that you retain copyright in your work or the right to deposit your work in ResearchSpace, the University's research repository. You can do this by either giving the publisher a non-exclusive licence to publish your work; or including in the contract with the publisher the right to include the work in your thesis and deposit that thesis in ResearchSpace. If you are planning to publish your work then the Copyright Toolkit for Academic Authors (provided as an Appendix to Understanding Open Access in an Academic Environment published by Queensland University of Technology) provides a useful resource and will help you to determine the best way to retain the rights to use your own work as necessary.

Information for authors on how to retain copyright in their work when dealing with publishers.

Using copyright materials correctly

If you would like more information on copyright in relation to submitting a thesis or dissertation you can link to Guide to Theses and Dissertations here. Alternatively, you can learn more about copyright by completing the University's Academic Integrity course.

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Copyright for librarians


The table below is a guide specifically for librarians that outlines entitlements to use and copy material, according to the Copyright Act. All use of copyright material is subject to the "moral rights" of the author/authors. If part of a copyright work is copied, it must always be accompanied by sufficient attribution, and must be reproduced faithfully.

Type of work

What you want to do

Conditions of supply

Literary, dramatic, musical work: published book and periodicals Supply a copy of parts of published works to a person who has requested it

 
  • The copy may include an artistic work (illustration, diagram, chart, etc) that appears within the proportion copied.
  • The copy must be of a reasonable proportion of any published work, other than an article in a periodical.
  • Copy a whole article in a periodical.
  • No person may be supplied with more than one copy of the same material on any single occasion.
  • If a person to whom a copy is supplied is required to pay for it, the payment required may not be higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library.
  • A person who is supplied with (or otherwise comes into possession of) a copy made under this entitlement may only use it for the purposes of research or private study.
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.
Literary, dramatic, musical work: published book Supply a copy to another library, so that library can supply it to a person who has requested it
  • The copy must be of a reasonable proportion of any published book or musical work, and the librarian may include in the copy any artistic work (diagram, picture, graph, chart, etc) that appears within the proportion copied.
  • A person supplied with (or who comes into possession of) a copy made under this entitlement may only use it for the purposes of research or private study
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.
Any item in library collection Copying for replacement in the  University of Auckland's Library's collection

A librarian may make a copy of an item for the purpose of preserving or replacing that item, in addition to or in place of the item but only if it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.

A digital copy can only be made for preservation in the library's collection if:

  1. The original item is at risk of loss, damage, or destruction; and
  2. The digital copy replaces the original item; and
  3. The original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may benefit from access to the original item; and
  4. It is not reasonably practicable to purchase a copy of the original item.
Any item in library collection Copying to supply another library, for that library's collection

The librarian to whom the copy of the work is supplied must:

  1. Have been unable to obtain the work at an ordinary commercial price within the 6 months preceding the supply; and
  2. Make and keep a record sufficient to identify the work copied; and
  3. Permit the inspection of the record by the copyright owner during normal office hours; and
  4. Pay, on demand, equitable remuneration to the copyright owner for the work copied.

If the copy to be supplied to another library is a digital copy, then the librarian supplying it must destroy any digital copy made in the process of supplying it as soon as reasonably practicable.

Digital work Make digital copies of the work available to authenticated users of the University of Auckland Library
  • The digital copy has been obtained lawfully;
  • The librarian ensures that each user is informed in writing about the limits of copying and communication allowed under the Copyright Act, including that a digital copy of a work may only be copied or communicated by the user in accordance with the Copyright Act; and
  • The digital copy is communicated to the user in a form that cannot be altered or modified; and
  • The number of users who access the digital copy at any one time is not more than the aggregate number of digital copies of the work that the library or the archive has purchased; or for which it is licensed.
An authenticated user means a person who:
  1. Has a legitimate right to use the services of the library or archive; and
  2. Can access the digital copy only through a verification process that verifies that the person is entitled to access the digital copy. 

Unpublished works

 

Supply a person with a copy from an unpublished work in the library collection
  • No person is supplied on the same occasion with more than one copy of the same work; and
  • Where a person is required to pay for a copy, the payment is no higher than the sum of the cost of production of the copy and a reasonable contribution to the general expenses of the library.
  • The librarian may not copy an unpublished work under this entitlement if the copyright owner has prohibited copying, and at the time the copy is made the librarian is or ought to be aware of this.
  • A person supplied with a copy (or who comes into possession of a copy) under this entitlement may only use it for the purposes of research or private study.
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.
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Copyright for marketers


Posting on public facing websites

Before posting material online you need to decide whether or not to do any of the followng:

  • Use a copyright notice (c) Copyright [name of owner] [year of publication] on your works that you do not want copied
  • Seek and obtain clearances for the use of any pre-existing works
  • Check existing licence terms before using
  • Check ownership of works created by contractors, writers, photographers, consultants, if necessary obtain written assignments
  • Consider terms of use for users (Creative Commons)
*
Copyright Basics Presentation
(128.1 MB, POWERPOINT)

 

Commissioning rule

The commissioning rule applies to photographs, computer programs, paintings, drawings, diagrams, maps, charts, plans, engravings, models, sculptures, films and sound recordings. Where these works are commissioned, the person who commissions the work is the first owner of copyright, rather than the creator. Note, this rule does not apply to literary or musical works, meaning the opposite applies ie, the creator of the work is the copyright owner rather than the person who commissions the work.   

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The Copyright Compliance Decision Tree Tool


Have you ever found yourself wondering whether or not you can use or copy materials, such as newspaper or journal articles, and online images? The Copyright Compliance Decision Tree Tool can help you. This Tool has been designed to assist you in making decisions about whether you can use material in the way that you want to. To use the Tool now click here.

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