Training Materials: Legal Protection

Transcription

1 INFORMATION SHEET G037v11 December 2014 Training Materials: Legal Protection In this information sheet, we give a brief overview of copyright law as it applies to the creation and use of training materials. It is relevant to people who write or produce written or illustrated training materials in hardcopy or digital form. We give detailed information in our book Copyright in Training Materials. If you work in an educational institution creating materials for use solely within that institution, see our information sheet Education: Copyright basics. If you produce training videos, please see our information sheet Film & Copyright. The purpose of this information sheet is to give general introductory information about copyright. If you need to know how the law applies in a particular situation, please get advice from a lawyer. Key points The general rule is that the creator owns copyright in their work. However, there are some important exceptions to this. Creators of training materials have moral rights in their work, even if they don t own copyright. You will need to get permission from the copyright owner in any third-party material you want to incorporate into your work. You will also need to ensure that you do not infringe the creators moral rights. What does copyright protect? Copyright law in Australia is contained in the Copyright Act 1968 (Cth) and in decisions of courts. The Copyright Act lists categories of material which are protected by copyright. These include: literary works (such as the text of a manual, newspaper articles, computer software, and, in some cases, compilations such as tables); dramatic works: (such as screenplays, choreography and scripts); musical works (such as notated musical compositions); artistic works (such as drawings, diagrams, maps, plans and photographs); sound recordings (such as an Mp3 music track); films (such as a feature film or YouTube video); broadcasts (such as TV or Radio broadcasts); and published editions (the typography and typesetting of a published text). Many publications are protected as published editions, but also contain both literary and artistic works that are separately protected by copyright.

2 Australian Copyright Council Information Sheet G037v11 Training Materials: Legal Protection 2 What copyright doesn t protect Copyright doesn t protect ideas, information, concepts, techniques or styles. Rather, copyright protects the way information or ideas are expressed and recorded in material form (this may include a particular selection or arrangement of information or material). For information on areas of law that may provide some protection for ideas, concepts or information, see our information sheet Ideas: Legal Protection. Copyright is automatic There is no system of registration for copyright protection in Australia. Copyright protection does not depend on publication or any other procedure the protection is free and automatic. We do, however, recommend that you use the copyright notice on all copies of published works. This reminds people using the work that it is protected by copyright, and identifies you or your organisation as the person claiming the rights. It can also serve as evidence that the person or organisation whose name appears in the notice is the copyright owner. The notice consists of the symbol followed by the name of the copyright owner and the year of first publication (for example, Australian Copyright Council 2014). How long does copyright last? The general rule is that copyright lasts for the life of the creator plus 70 years. However, there are some important exceptions to this: Copyright in all photos taken before 1 January 1955 has now expired; Copyright has expired where the creator of the material died prior to For more detailed information, see our information sheet Duration of Copyright. Rights of copyright owners Copyright owners have exclusive rights to deal with their material in certain ways. For example, only the owner of copyright in a training manual has the right to: reproduce the manual (for example, by photocopying, typing, copying by hand or scanning hard copies, or printing out or copying the digital file); and communicate the work to the public (including by faxing it, ing the digital file, or posting the work on an internet or intranet site); publish the work (making copies of the material available to the public for the first time); These rights are set out in full in our information sheet An Introduction to Copyright in Australia. Who owns copyright in training materials? Generally, the person who creates copyright material (the author) will be the first owner of copyright. Some common exceptions to this rule include: where material is created by an employee as part of his or her job (the employer owns copyright); some commissioned works (such as sound recordings and photos taken for a private or domestic purpose); and situations where there is government direction or control (the relevant government owns copyright).

3 Australian Copyright Council Information Sheet G037v11 Training Materials: Legal Protection 3 The operation of the rule and the exceptions may be altered by written agreement. For example, where copyright material is commissioned, the parties may agree that the person who commissions the material will own copyright, rather than the independent contractor or volunteer creator. For further information, see our information sheet, Ownership of Copyright. Infringement In the absence of an agreement stating otherwise, copyright will be infringed where a person uses a substantial part of someone else s copyright material in one of the ways reserved for the copyright owner. While substantial part is not defined in the Copyright Act, court decision indicate that a part will be considered to be a substantial part where it is important, essential, material or distinctive to the original material from which it was taken. This is a question of quality over quantity and each instances will need to be considered on a case-by-case basis. For further information, see our information sheets Infringement: What Can I Co? and Infringement: Actions, Remedies, Offences & Penalties. Moral rights Creators have moral rights in their creations. These are separate from the copyright in the work, and are retained by the writer whether or not they own copyright. These include the right to: be attributed as the author of their work; not have authorship falsely attributed; not have their work treated in a manner which is prejudicial to the their honour or reputation ( derogatory treatment ). However, a treatment of the work may not infringe the moral rights of the writer where: - the writer consented to the treatment; or - the treatment was reasonable in all the circumstances. For more information, see our information sheet Moral Rights. Reproducing third party material If you are creating a training manual and want to include material (such as text, tables, graphs or drawings) created by someone else, you are likely to need permission from the copyright owner. You will also need to be mindful of the moral rights of the creator (who may not be the same person as the copyright owner). When seeking permission, you should be consider what subsequent uses of the material you want to make, for example, do you want to publish the book in a hard copy format or make an ebook version available for purchase online. These involve different rights of the copyright owner and should be covered in your permission, at the outset.

4 Australian Copyright Council Information Sheet G037v11 Training Materials: Legal Protection 4 Frequently Asked Questions (FAQs) I was commissioned to write a training manual for a client. Who owns copyright in the manual? If you are commissioned, as an individual, to create a training manual, you will own copyright, unless your client is a Federal, State or Territory government or agency, or you reach an agreement to the contrary. Outside these situations, the client won t own copyright but will get what it paid for. This would generally include the right to be able to use the material for the purposes for which it was commissioned. I commissioned someone to make a training package for me. Can I commission someone else to make an online version? Making an online version involves the exclusive rights of the copyright owner. As such, whether or not you can do this will depend on who owns copyright in the training package. In the first instance you should look to the commissioning agreement to see what is stated regarding who owns copyright in the material. If you own copyright, you do not require permission to make an online version of the material. If you do not own copyright, you should nonetheless check to see what is set out in the agreement regarding what you are entitled to do with the material. If this is not specified or does not cover your intended use you will need to obtain permission from the copyright owner. For further information see our information sheets Permission: Do I Need It? and Permission: How To Get It. Can I reproduce someone else s training materials if I change them a little? Generally, unless the work is very simple and obvious, you do not avoid infringement by making changes. Even if you make changes, you may still be reproducing an important or distinctive part of the material. If your version is the result of substantial reliance on a copyright owner's work, it is likely to infringe copyright. If you follow the structure and approach of the original manual, you may still be infringing copyright even if you have not reproduced the text word for word. How can I prevent other people from copying the new business methods I describe in my training materials? Concepts, methods and techniques are not protected by copyright. As stated above, copyright protects the way someone expresses themselves in describing a particular method or technique, including the way they structure the information about the method or technique it does not protect the actual method or technique itself. If the ideas and information are being made available in the form of training materials, it is unlikely that any form of legal protection will be available. In this case, you will need to rely on other factors, such as the skill you use in preparing the materials, or in presenting the ideas at training sessions, to protect your commercial interests. For further information see our information sheet Ideas: Legal Protection. I want to use graphs, charts and maps from another source. Do I need to get permission? Generally, you need permission to reproduce such materials, or any important or distinctive part of them. Graphs may be protected as artistic works and tables may be protected as compilations, a type of literary work. If you wish to reproduce the information from such a work, you may need the copyright owner s permission, even if you will present it in a different format. Generally, the first point of contact in getting permission is the publisher. For more information, see our information sheets Maps and Charts, and Artworks: Getting Permission.

5 Australian Copyright Council Information Sheet G037v11 Training Materials: Legal Protection 5 Can I include screen dumps in a manual that I have written? If you have created a manual and you are including screen dumps from someone else s program, you are likely to need their permission. Some software manufacturers grant licences for this type of use; for example, Microsoft has various blanket licences on its website which allow its software to be used in certain ways for certain purposes. Your first steps should be to check the terms on which the software is licensed, and the website of the relevant company. Can I include a cartoon from a newspaper in my training materials if I cite the source? You will usually need permission to reproduce a cartoon in training materials. Citing the source is not a substitute for obtaining permission. As discussed in this information sheet, in addition to obtaining the copyright owner s permission you will also usually need to attribute the cartoonist. Can I use Creative Commons content in my training materials? You will need to check the terms of the licence to find out whether it permits you to use the content in the way you wish. If the licence does not allow the use, for example, it states non-commercial use and you are offering the training material for sale, or does not cover you particular situation, you will need to contact the copyright owner for permission. For further information, see our information sheet Creative Commons Licences. Further information For further information about copyright, and about our other publications and seminar program, see our website: If you meet our eligibility guidelines, a Copyright Council lawyer may be able to give you free preliminary legal advice about an issue that is not addressed in an information sheet. This service is primarily for professional creators and arts organisations, but is also available to staff of educational institutions and libraries. For information about the service, see Reproducing this information sheet Our information sheets are regularly updated - please check our website to ensure you are accessing the most current version. Should you wish to use this information sheet for any purpose other than your reference, please contact us for assistance. About Us The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australia s creative industries and Australia s major copyright collecting societies. We are advocates for the contribution of creators to Australia s culture and economy; the importance of copyright for the common good. We work to promote understanding of copyright law and its application, lobby for appropriate law reform and foster collaboration between content creators and consumers.

6 Australian Copyright Council Information Sheet G037v11 Training Materials: Legal Protection 6 We provide easily accessible and affordable practical, user-friendly information, legal advice, education and forums on Australian copyright law for content creators and consumers. The Australian Copyright Council has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body. Australian Copyright Council 2014