Broadcasting & Digital Journalism: Copyright & Ethics

It is vital not only to practice in accordance with legal requirements, but also following ethical guidelines.

When reproducing or repurposing material created by someone else, there are limits to how you can use the work. Check these guidelines for more information:

• Copyright for students and researchers
• Australian Copyright Council
• Australian Copyright Council: Journalists & Copyright Information Sheet
• Australian Copyright Council: Mash-ups, Memes, Remixes & Copyright
• Australian Copyright Council: Music: Use in Film
• Australian Copyright Council: Film & Copyright
• Australian Copyright Council: Video Uploads & Copyright: YouTube, Vimeo, Facebook, etc.

Fair Dealing

Australian copyright law does not have "Fair Use" exemptions, as does US law, however, there are "Fair Dealing" exemptions that allow limited use of copyrighted material. Some of these exemptions are:

• Fair dealing for research and study

Under Fair Dealing, users can copy reasonable portions of copyright material to use in their research and study. Under this provision, educational institutions such as ECU can also copy someone else’s material and send it to an enrolled external student.

• For the purpose of access by persons with a disability

A student with a disability, or a person acting on their behalf, can make a copy or upload/download a copy of copyright material for the purpose of providing an accessible version to a person with a disability.

• For purpose of criticism or review

A student or researcher may copy small amounts of material for the purpose of criticism or review.

• For purpose of parody or satire

A student or researcher may copy small amounts of material for the purpose of parody or satire.

• For purpose of reporting news

A student or researcher working for a newspaper, magazine or similar periodical or reporting via audio-visual means may copy small amounts of material for the purpose of reporting. Music can only be copied if it is part of the news: it cannot simply be added as background later.

What is a ‘reasonable portion’?

There are two ways to work out what is fair under fair dealing for research and study. Firstly a set amount for copyright material that can easily be calculated (e.g. text based material).

• 10% of the number of pages (if it’s text or sheet music and is more than 10 pages long)
• One chapter (if it’s divided into chapters) either printed or electronic
• An article from a newspaper, magazine or journal (or more than one if it is for the same course of research or study)
• 10% of the number of words in an electronic work (e.g. Internet)

Secondly a judgement call on what is being copied (photos, images, film etc.) and what it is being used for (how much, what type of material is it).

• Small amount of music to illustrate a technique, an image to demonstrate a skill, diagram to show where parts go together.
• A whole image or diagram, 30 seconds of a piece of music, a minute of a film
• Is the material available for purchase?
• Will using the material affect sales of the original copyright material?
• How much are you copying, and how important or distinctive is the piece?

Fair Dealing obligations

There are a number of obligations you need to adhere to when using copyright material under fair dealing. These include:

Referencing or attributing material

As part of using copyright material under any of the fair dealing rights, the obligation is to reference where the material came from. This can be done in a number of ways:

• a citation list or bibliography
• a credits list at the end of a video
• verbal thanks at the end of a recital or music program
• a reference slide at the end of a PowerPoint presentation
• clickable link under the image

Using material under fair dealing

• The material can only be used for study, assessment or research
• Copied material can only be shared with classmates and instructors, or researchers within your organization
• You cannot make the material you use under fair dealing available freely on the internet
• Material can only be used online behind a password protected wall, such as LEO

Quick Guide – using copyright material

Description	Research for later reading and watching	Assessment for classwork, physical classroom or online classroom	As a public blog, ePortfolio, YouTube video, public internet
I created (no copying from elsewhere)	Yes, and you own the copyright to the original work you create!	Yes, and you own the copyright to the original work you create!	Yes, and you own the copyright to the original work you create!
Public Domain	Yes. Works in the public domain vary from country to country.	Yes Works in the public domain vary from country to country	Yes. Works in the public domain vary from country to country.
Quotes	Yes	Yes	Yes
Creative Commons licensed	Yes. Check details of Creative Commons licence.	Yes. Check the licence for what you can change.	Yes. Check details of Creative Commons licence.
Image or diagram from a textbook	Yes	Yes	No. Unless you get written permission from copyright owner.
Images from the internet	Yes	Yes	Maybe. Check copyright.
A video on YouTube or internet	Maybe. Check copyright.	Maybe. Check copyright.	Maybe. Check copyright. Or, embed from YouTube.
An article that I located from the Library’s eJournals or databases	Yes	Yes. Provide a link.	Quote with attribution.
Music I downloaded from iTunes or sourced legally	Yes	Yes	No
All rights reserved but I have permission from the copyright owner	Yes. Retain the permission.	Yes. Retain the permission.	Yes. Retain the permission and ensure it includes 'on internet'.

This Quick Guide breaks copyright down by licence type, and outlines the ways you can use different copyright material.

Remember to always cite all sources used and refer to your unit outline to check which referencing style you should use.

Check out the Creative Commons & Copyright Library Guide for more information.

Creative Commons (CC) is a copyright-based system of licences or "permissions for the use of copyright materials.

Depending on the permissions the licenser allows, you can copy, publish in digital form, publicly perform (all or in part) according to baseline rights:

• Attribute (acknowledge) the authorship
• Not alter terms of licence unless you obtain permission from the creator to override any restrictions
• Link to licence from copies of work
• Not use technology (digital rights management), to restrict other licensees' uses of work.

How Can I use Creative Commons?

If you want to use an image, video clip, document or work under the Creative Common license there are different license terms.The most basic license allows you to copy, distribute, display, perform, edit, remix and build upon the work for commercial or non commercial purposes, provided you attribute the creator, additional creators and link to the source. A CC licence may have one or more additional elements which carry further licensing terms. Refer to choose a license at https://creativecommons.org/choose/

Check out the Creative Commons & Copyright Library Guide for more information.