COPYRIGHT
Criteria for Performance Excellence
6 Operations Focus
Key Evaluative Question/s
3, 6
Policy Number
6.05
Approval Date
July 2013
Approval Body
Academic Board
Next Review
July 2015
Policy Manager
Director, Academic and Quality
Controlled document - refer to online QMS for latest version
PURPOSE
To establish the policy and procedures for copying material under the Copyright Act 1994 and as per the
Polytechnic’s agreement with Copyright Licensing Ltd, and ensure staff and students comply with these.
This policy covers material from outside Tai Poutini Polytechnic which is covered by copyright as well as
material created by TPP staff for which staff and students wish to use and obtain copies.
POLICY
Students of Tai Poutini Polytechnic are bound by the Copyright Act 1994 and subsequent amendments.
This requires students to reference others’ works using the reference guidelines prescribed by the
institution. See procedure 6.05A which describes referencing obligations. This information is also
provided to students at the central library and at the commencement of all courses.
Staff of Tai Poutini Polytechnic are covered by the agreement with Copyright Licensing Ltd for extension
of the provisions of the Copyright Act. This allows staff to copy information to use for the purpose of
education for their students. See appendix 6.05.1 for specific information about what the licensing
agreement covers.
SCOPE
All Tai Poutini Polytechnic students are required to comply with the Copyright Act of 1994 and its
amendments. All Tai Poutini Polytechnic staff members are required to comply with the stated
guidelines of the Copyright Licensing Ltd agreement with ITPs and the Copyright Act of 1994 and its
amendments. (See appendix 6.05.1)
Works can include but are not limited to original developments of a scholarly, literary, musical or artistic
nature, ideas, technology, processes, designs, and trade secrets.
DEFINITIONS
Copyright
The legal protection of original works, regardless of whether the work is
published or unpublished. Under the Copyright Act 1994, copyright
automatically applies as soon as the work is put into material form-whether in
print, stored on a computer or recorded in any way.
Copyright Infringement
The unlawful act of copying all or part of a work without a licence or without
approval from the copyright owner.
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Plagiarism
The unauthorised use or close imitation of the ideas and thoughts of another
author and the representation of them as one’s own original work, and by not
crediting the author. “Plagiarism is presenting as one’s own work the work of
another, and includes the copying or paraphrasing of another person’s work
without acknowledging it as the other person’s work through full and accurate
referencing. It applies to assessment presented through a written, spoken,
electronic, broadcasting, visual, performance or other medium”. University of
Waikato, (2011). Retrieved from
http://www.waikato.ac.nz/library/study/wise/plagiarism/index2.shtml
Public Domain
“The term ‘public domain’ refers to material in which all copyright has expired.
The term can also refer to material where the copyright owner has given very
broad permissions to people to use it”. Copyright Council of NZ (2011).
Retrieved fro
m http://www.copyright.org.nz/viewFaq.php?faq=361
Referencing
The process of citing or documenting the sources of quotes, theories, ideas,
illustrations and diagrams being used in a new work. When sources are
acknowledged in this way, credit is given to another person’s words, ideas or
opinions in the form of a note and/or bibliographic reference or citation.
RELATIONSHIPS
Internal:
Academic Misconduct (regulation within th
e Academic Statute) Student Rights and Responsibilities (regulation within th
e Academic Statute)
Intellectual Property policy
Document Processing policy
External:
Copyright Act 1994 No 143 (as at 19 April 2011)
Copyright Licensing Ltd.
Copyright Council of NZ
Ministry of Economic Development
PROCEDURES
6.05 A How to abide by the Copyright Act
APPENDIX
6.05.1 Agreement with Copyright Licensing Ltd for Polytechnic Staff
REFERENCES
Christchurch Polytechnic Institute of Technology Policies. Retrieved from
http://www.cpit.ac.nz/policies/search_results?search_query=copyright
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6.05 A
How to abide by the Copyright Act
PROCEDURE
Polytechnic Staff
See Appendix 6.05.1, Agreement with Copyright Licensing Limited.
Notices to staff, explaining these requirements, should be displayed near all photocopiers and
covered/discussed in the TPP induction process.
Polytechnic Students
It is the responsibility of individual users of Tai Poutini Polytechnic printer/copiers to observe the legal
requirements of the Copyright Act 1994 and Copyright (New Technologies) Amendment Act 2008 and
subsequent amendments. The following information is posted in the TPP Library for quick reference:
Tai Poutini Polytechnic forbids the use of its photocopying machines to copy any work where such
copying does not fall within the provisions of the Copyright Act.
Notices to this effect will be displayed near all photocopiers and students will be informed through
information handouts and during library orientations.
Photocopies
To comply with the law on copyright, the following rules must be observed by students:
copying must be for research or private study only
copying must be for a student’s own use and must not be copied for supply to another person
copying of an unpublished work is forbidden without express permission of the owner(s) of the
copyright in such a work
you must not make more than one copy of any part of a work
you must not copy the whole of a work:
o or a whole chapter
o or the greater part of a particular topic
o or a summary contained in the work
o or more than a reasonable proportion of a work
You must not copy parts of a work so as to avoid purchasing reproductions of the work
You must not copy significant parts of a work where you already have reasonable access to the work
whether by purchase or loan.
Internet
All material on the Internet should be treated a copyright, even if it does not say so, however, students
may copy from the internet if:
a) they have written permission from the copyright owner, or;
b) it is clearly stated that it is ‘Copyright free’
and the owner is acknowledged through use of APA
(American Psychological Association) referencing. See the Document Processing policy for details;
c) it is public domain material.
When noting copyright permission in a new work, and to acknowledge the copyright owner, users must
include:
the name of the copyright owner;
the name of the organisation or the URL; and
the date permission was received or the downloaded date.
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Appendix 6.05.1
Agreement with Copyright Licensing Ltd for Polytechnic Staff
A Copyright Licensing Ltd (CLL) licence allows for multiple photocopying and/or electronic copying of
extracts from books, periodicals and journals owned by the licensee. Copied material can be distributed
to students in hardcopy form, on CD/DVD or email. It can also be made available on the licensee’s
password protected intranet or on an electronic whiteboard.
A CLL educational licence allows copying of:
Up to 10% or one chapter of a book (whichever is the greater);
Up to 15 pages of all (or part) of a single work contained in a collection or anthology of works, even if
the works are published separately;
One article (or part of an article) from a periodical, additional articles may be copied from the same
periodical if they are on the same subject;
An artistic work (such as an illustration);
A complete work, only where the work is out of print and unavailable for purchase (authority to
photocopy required from CLL);
Material obtained through the Interloan service if it cannot be obtained from any other source.
Digital Copies:
Must be identified with source details;
May not be systematically stored and indexed with the intentions of creating an electronic database
of works;
May not be made available on a publicly accessible website;
May not be made available to anyone other than students and staff of the licensee.
All extracts may be included in course packs or books of readings as long as the source is correctly
identified and they are accompanied by the following Copyright Notice Warning:
Copyright Warning Notice
This material is protected for educational purposes of {LICENSEE} under
license. You may not sell, alter or further reproduce or distribute any
part of this {course pack/material} to any other person. Where
provided to you in electronic format, you may only print from it for
your own use in the relevant course of instruction. Failure to comply
with the terms of this warning may expose you to legal action for
copyright infringement and/or disciplinary action.
Educational compilations and workbooks: All extracts copied under licence may be included in in-house compilations or workbooks, provided
the source of each extract is appropriately identified.
Except where small passages of copyright material (accompanied by source identification) are
included in in-house compilations or workbooks, all copying should be true to the typographical
format of the work copied.
Licensees may recover the costs incurred in providing photocopies of copyright material to students.
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What doesn’t the licence cover?
The licence does not permit the copying of the following material, which must be copied in accordance
with the Act or with specific permission from the copyright owner:
Works stipulating that they may not be copied under a copyright licence of this nature;
Works downloaded from the Internet;
Printed music (including the words);
Loose maps and charts;
Unpublished religious orders of service;
New Zealand newspapers;
House journals (publications for employees);
Photographs and/or illustrations published separately from a work;
Privately owned work (issued for tuition purposes and limited to a clientele who pay fees); or
Theses, dissertations and student papers.
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