The document discusses copyright and Creative Commons for researchers. It covers:
- What copyright is and how it works to protect creative works while enabling access.
- Recent developments around authorship with artificial intelligence and cases like the monkey selfie.
- An introduction to Creative Commons, how it works alongside copyright, and the different Creative Commons licenses.
- Key rules to remember around using copyrighted and Creative Commons licensed materials, including attribution requirements.
2. Part 1 : Copyright
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Copyright explained, how it works, what it protects, key concepts to
remember and copyright exceptions.
3. What is
Copyright?
Copyright is most often viewed as a set of
rules and, essentially, this is what it is.
However we must not overlook the fact that
copyright is also a tool that:
• Enables access
• Incentivises creativity
• Allows people to make money from their
effort
• Balances protection with access
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4. Copyright Compliance
There are two layers of copyright compliance researchers need to consider.
The Law
The first layer of compliance is Australian copyright legislation at the federal level, which applies to the
use of creative and published works in Australia. Australian law applies to the use of materials in
Australia, not the law of the country where the work was created.
Organisational Policies & Procedures
A second layer of compliance works alongside copyright legislation - organisational policies and
procedures. Leadership and guidance is provided for Australian organisations by the National and
State Library Associations and the Copyright Agency.
See the links section of this library guide for compliance links and resources.
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5. What is protected What isn’t impacted
All creative works Reading
The expression of a work, not
the idea
Lending
Work in a material form Exhibition
Original work Collage
Work by human authors only Craft
Copyright - how it works
• No registration process
• Applies automatically
• Assume all works are protected!
• One work can have multiple
layers of copyright. If we consider
films as an example: copyright is
attached to the screenplay,
original book, performances,
cinematography, music,
promotional materials… etc.
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6. Types of items protected
All creative works including
books, paintings, poetry,
letters, diaries, tweets, flyers,
posters, maps, designs,
architecture, coding, etc.
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Works
Interpretations of other works
including sound recordings,
films, podcasts, news, oral
history, audio books, etc.
Subject matter
‘other than’
works
7. Other aspects - Public Domain & Exceptions
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The Public
Domain
There are 90 + copyright exceptions in Australia!
From recording TV so you can watch it later and
copying medication advice for patients, through to
significant exceptions in the Act for libraries,
education, research and study, criticism or
review, reporting the news, professional advice
and for access by person with a disability
Copyright
Exceptions
Works go into the public domain after a period of
protection. This started at 7 years but is now varied.
The public domain has always been a crucial aspect
of copyright and the ultimate goal of copyright is a
rich a diverse public domain that grows human
knowledge. For specific public domain timelines
check the links section of this library guide.
8. Rules to Remember
When using other material
Always attribute.
Link with care - do not link to
infringing material as this may be
seen as ‘authorisation’.
If in doubt, seek written consent
from the copyright owner.
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Penalties
Tend to be civil in nature.
Commercial penalties will be applied
if there is commercial benefit or wide
scale infringement.
9. Part 2 : Recent developments in Copyright
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Authorship and artificial intelligence
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Authorship - the case of the monkey selfie in 2011 raised questions about authorship after British
photographer David Slater set up a tripod and cable release system that allowed monkeys in the wild to
take photos of themselves. Watch this video for more information about the copyright implications.
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Artificial intelligence - the monkey selfie is an interesting example to bear in mind with the coming age of
Ai. When data and technology can be used to create a new Rembrandt human authors appear to be
displaced. Watch this video about the creation of a new Rembrandt by artificial intelligence and read this
article for more information about the copyright implications.
12. Part 3 : Creative Commons
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Interaction with copyright, motivations, creative commons licenses
and key takeaways.
13. Creative Commons v Copyright
Creative Commons (CC) intends to work in
conjunction with worldwide copyright regimes,
not against them.
The CC licensing system allows creators who
want to freely share their work a legal way to
define exactly what kind of use is allowed.
You can search for CC licensed materials on
the creative commons website or via search
tools such as google or flickr
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14. Creative
Commons
Motivations
Creators across the globe contribute to creative
commons and license their works for others to
use.
Their motivations:
• Global recognition
• Access to a seamless, international scheme
• Knowledge sharing
• To inspire more creativity
• Supporting open access
• The CC platform is easy to use
• CC licences are simple!
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15. Licence Description
CC BY Attribution - use as you need but give credit
CC BY SA Attribution - share alike - you can only use if you give credit and explain any modifications
made.
CC BY NC Attribution - non commercial - you can use it if you credit the author but you must agree
not to sell what you are using it in.
CC BY NC SA Attribution - non commercial - share alike - you can use it and modify but credit the
author and you must agree not to sell it to anyone or share your modifications.
CC BY ND Attributions - non derivatives - you can use it if you give credit but you must not modify.
CC BY NC ND Attributions - non commercial - non derivatives - you can use it if you give credit to the
author but you must not make any modifications or sell it.
Creative Commons Licences
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16. Creative Commons - Rules to Remember
Using Material
When using creative commons
abide by the licence conditions
When attributing follow this format:
“Title” - Author - Source - Licence
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Sharing Material
The creative commons website and
licence chooser tool
(creativecommons.org/choose) will
guide you through the process
17. More questions?
Contact us at
library@monashhealth.org
During business hours you may call us on (03) 9594 2600 or visit our
website for an online chat option.