Schools are one of the largest users of copyright material. When copying a page from a text book, showing a video, putting on a school play or even listening to music, schools need to be aware that there are limitations on their use of copyright works. There are a number of misconceptions about copyright -
(a) You must register copyright in Australia otherwise the work is copyright free
No formal registration of copyright is required in Australia.
(b) If there is no copyright symbol or notice, then the work is copyright free
The absence of a copyright symbol or notice on a work does not mean that the copyright owner has abandoned their copyright or has granted an implied licence for anyone to use or reproduce or communicate their work.
(c) Once a work is published or in the public domain, anyone can use it
The fact that a work has been published or is made freely available does not mean that:
- the copyright owner has abandoned their copyright
- the work has entered the public domain and is no longer protected by copyright
If you wish to copy and/or communicate to the public the whole or a substantial part of the work, it must be done either:
- with the permission of the copyright owner
- under the free use or other statutory exception
- under relevant statutory licence scheme
(d) I am not infringing copyright if I am not making any money from my use of the material
The fact that the user is not making any money or profit from the unauthorised use is not a defence for infringement.
