Kaimahi: Wintec Research kete o te wānanga: Copyright for Kaimahi

Legal requirements

All staff at Wintec must adhere to:

• Wintec Copyright for Educational Purposes policy—access restricted to Wintec staff

• Copyright Act 1994

• Copyright (Infringing File Sharing) Amendment Act 2011

Wintec has licenses with:

• Copyright Licensing New Zealand (for print material)

• Screenrights

• Music License with PPNZ Licensing (on behalf of sound recording copyright owners) and APRA/AMCOS (on behalf of song-writing copyright owners)

What can I do?

Staff can put links to articles or  ebooks on Moodle for Wintec students to access. Check out this guide to linking or contact the Library if you're not sure how.

Here's how to link to EBSCO articles & eBooks

Under the Copyright Licensing New Zealand license staff may make multiple copies of print resources.

Staff can copy or scan:

• up to 10% or a chapter of a printed book (even if the majority of it is illustrated or pictorial)

• up to 15 pages from a printed anthology, e.g. short stories or poetry

• an entire journal article (more if it is on the same subject)

• 5 articles per newspaper

You can share with your Wintec students (not other staff, friends etc.) via:

• Print

• Email

• Moodle (as it is password secured)

• Electronic whiteboard

What can't I do? 

• Upload interloaned articles to Moodle or distribute them electronically.

• Copy an interloaned article and distribute it in print/hardcopy.

• Upload eBooks to Moodle or distribute them electronically. (You may link to eBooks but not upload an electronic file)

• Upload New Zealand Standards to Moodle. Link to the standards database instead.

• Use logos without permission.

• Scan or copy more than 10% of a book.

• Copy an entire DVD or upload a copy of a DVD to Moodle or a similar product, or the Internet.

Copyright for staff

Compliance with copyright is a legal requirement. Fines of up to $150,000 imprisonment can be imposed for failure to comply with copyright law.

If you are copying material for use in your own research or study, this is covered under Section 43 of the Copyright Act.

If you cannot find the answer to your question using these pages, please go to the copyright page on the Digital Workspace which has links to the Copyright for Educational Resources Policy, a Copyright Quick guide and a Copyright Matrix. For even further support, please contact QAU.

Copyright is complex. If you wish to learn more about it you can complete the Evolve course, All rights reserved—Copyright at Wintec. 

Screenrights—for Music and TV

Screenrights NZ license—Information video

This license permits Wintec tutors to copy for educational purposes:

• any programme anytime, anywhere (movies, documentaries, Maori language programmes, news and current affairs)

• From any channel (pay or free to air)

• AV material legally available online (download podcasts, vodcasts, or programmes from the internet)

• In any format (VHS, DVD, or onto a hard drive)

Our licence from Screenrights allow us to copy programmes from both pay and Free to Air television (including Sky) to use in our teaching at Wintec, e.g. to show to classes, put clips on Moodle, include in handouts etc.

All items must be marked as having been copied under our Screenrights licence agreement, as follows:

Made for Wintec's educational purposes

[Title of broadcast]

[Date of broadcast] 

[Date this copy made] 

Alternatively you could link directly to the broadcast.

Our Screenrights Licence does not permit the copying of pre-recorded material, such as purchased or hired DVDs, videos or audiotapes. Copying this material without permission from the copyright owner may infringe copyright.

Format-shifting of audio-visual material requires the consent of the copyright owner.

Educational Music Licenses

APRA & PPNZ the ITP music license is available here.

This license allows us to do the following:

• Music can be performed publicly within Wintec.

• Music can be communicated for educational purposes via any technology platform.

• Music can be copied or reproduced for educational purposes.

It does not cover:

• Copy or printing musical works.

• Copy or access in any way infringing (e.g. pirated) copies of music or sound or music video recordings.

• Performance of Grand Right Works in their entirety. "Grand Right Works: are productions where music has been specifically composed for a theatrical work (e.g. Cats, or West Side Story).

• Make recordings of Grand Right Works & ballets.

• Perform or use music at a event where ITP premises have been hired to a third party, other than Educational Purposes of the ITP. A separate public performance license is then required.

• Use musical works in a Dramatic Context in part or whole.

• Performance of an Choral Work of more than 20 minutes duration in its entirety.

• To perform music as to burlesque or parody, or use new or substituted lyrics.

Permission to copy 

• How to find copyright owners

• Getting permission to use copyright material

The internet & copyright 

• It is best practice to assume that all material on the Internet is protected by some form of copyright.

• Permission from the author/website owner must be obtained to use material that is not marked copyright free.

• In either case a note should be made with the item in the handout/workbook, Moodle etc. with the details and date of the permission from the website/owner.

• You must reference the author (if known) and source in APA style

• Look for items which are marked Creative Commons.

Items in the public domain

•  “Public domain” refers to material for which all copyright has expired. You can use this material but must always acknowledge the source. For more info about public domain items, check out this guide.

FAQs 

• I am copying images & diagrams that I have found on the Internet for use in a class handout. Do I have to reference them?
  Yes. You must acknowledge all work that is not your own. This includes all maps, tables, diagrams and photographs.
   
• Can I show a film as part of a fundraising event?
  This would be considered a public performance, and you would need to obtain permission from the copyright owners.
   
• Can I sell a book I have created using images or diagrams that I have copied from other books or the Internet?
  You would need to get permission from the copyright owners of the images or diagrams. Our licenses do not cover items for publication or sale.
   
• Can I copy an entire book and put it in the library for students to use?
  No, this would be a breach of copyright.
   
• Can I copy a CD or DVD in case I lose the original?
  No, this would be a breach of copyright.
   
• Can I put the material I've created up on the Internet so that everyone can access?
  No, under Wintec's licenses you are required to store the material on a secure site, e.g. Moodle.
   
• What can I do with YouTube videos?
  You can play videos directly from YouTube in class as long as they are part of a lesson. If you want students to be able to watch them in their own time, then include a link to the YouTube video. Do not download the YouTube video.
   
• I am doing research (not for my students), am I still covered by the license agreements?
  You must comply with the relevant copyright law applicable to students. Your work will fall under Section 43 of the Copyright Act, Research or Private Study.
   
• I have access to databases from another library. Can I link students to that content, or copy content from the databases and make it available for my course?
  No, you can't. Use open access sources or link to articles available from Wintec Library databases.

Note. From "CLNZ What is copyright" [video], by Copyright Licensing New Zealand, 2015, October 12. YouTube. (https://youtu.be/xr2K53Hl5Uw). Copyright 2015 by Copyright Licensing New Zealand.

Under YouTube’s terms of use, it is permissible to embed videos into a third party platform because it still links to the original video and statistical data is traced back to person or group that uploaded the video.

You Tube's Terms and Conditions:

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service. (YouTube, 2022)