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The following obligations are applicable for the use of copyright material under the Copyright Act 1994 or licences subscribed to by Massey University.
- Moral rights
- Participating in copyright surveys
- Acknowledging permissions
- Retaining documentary evidence of all permissions
All copyright material must be fully and correctly acknowledged so that the source of the material is clearly identified.
All extracts whether made available to students in hardcopy or digital copy must contain the following details:
- Author of work
- Title of work/extract
- Date of publication
- Title of publication
- Place of publication (not required for periodicals)
- Publisher (not required for periodicals)
- Page numbers copied
Creators of copyright material possess “moral rights” under the Copyright Act. These include the right to be correctly identified as the creator of a work and to object to any derogatory treatment of a work. Moral rights protect works from being altered in any way without permission.
However, there is an exception.
"Note that, in the process of advancing knowledge, staff and students may well develop their own original expression of an existing original work without infringing copyright. This would mean for example that you might copy a diagram from a published work saying “X describes the process as follows” and ensure that the diagram is fully attributed. Then, consistent with the right to criticise or review a work, you could follow that with your interpretation of the diagram explaining why and how you have modified the original diagram. That way your rights and the rights of the creator of the original are respected.
Equally, it will normally be possible for a teacher to include “linking comments” between copied extracts so long as each extract is fully attributed, it is clear where each copied extract begins and ends and the source of each extract. "
(Grant Wills, Auckland University Copyright Newsletter, 2008).
Participating in copyright surveys
A condition of copyright licences, in exchange for the right to make multiple copies of works in excess of the entitlements under the Act, is that Massey University and its staff must participate in copyright surveys when requested. The terms of the licences ensure that:
- The information gained from the surveys will be used to determine payments to rights' holders.
- The data collected during the survey is confidential to the licensing agency and the University. It cannot be used as the basis of a prosecution for a breach of copying entitlements.
Retaining documentary evidence of all permissions
Documentary evidence of all permissions must be retained in hardcopy form, i.e., emails, faxes, letters. Permissions granted in conversation with copyright owners must be documented.
Permissions should include:
- Name of copyright owner and contact details
- Date of permission
- A description of the material – complete reference
- Purpose of the use
- What format the material will be copied in (print, online, CDRom, video, audio)
- What audience the material will be made available to (students, staff)
Please send copies of all permissions granted to the:
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Last updated on Tuesday 16 August 2016