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Copyright Clearance - Coggle Diagram
Copyright Clearance
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Exceptions:
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Agreements - If no agreement, then Copyright Act applies
Freelances and volunteers - they own copyright, unless there is an agreement stating otherwise
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Key points:
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The owner of a physical item may not own copyright of that item, such as a painting in a museum
Copyright Act doesn't allow you to use material without permission if you can’t contact the copyright owner
If a substantial part of the copyright material is used without permission, you will infringe copyright (unless an exemption to applies)
To be fair in all circumstances of copyright exemption, ask yourself:
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Substantial use:
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No definition of substantial use in the copyright law, as it is a "grey area"
General guideline:
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The distinctiveness of the original work, such as a famous painting of the 70's
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General rules:
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Use of copyright material must be fair in all circumstances, in some cases you must attributer the author
Where to start:
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Copyright information with contact details may be found displayed on material itself, such as CDs and DVD covers, books and metadata on digital files
If material has been used by someone else, such as a book, contact the person or organisation to gain permission
Finding copyright owner:
No Australian registration for copyright, therefore no official records of ownership can be searched
Detective work is sometimes necessary as there are a variety of resources that can be used to find copyright owners
As well as clearing copyright, you need to ensure you do not infringe the creator’s moral rights
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