Author: Michael Lean

Queensland University of Technology

Keywords: Copyright, multimedia

Article style and source: Workshop

Contents

• Copyright guidelines for multimedia developers
• No special provisions for educators
• Works not requiring permission
• Advice
• Finding the copyright owner

Copyright guidelines for multimedia developers

Copyright in many of the works chosen for inclusion in a new multimedia production may belong to authors, publishers, composers or film producers. Permission must be obtained from these owners before the works can be used.

No special provisions for educators

Works not requiring permission

The only works that may be used without permission are those where:

1. The copyright has expired. Be careful about this, the European Union has recently extended the term of protection to seventy years. Therefore some works are now back in copyright. Although these works could be used in an Australian production, licences would need to be obtained before the production could be sold or used overseas. This applies also to some classical music.
2. The work is in the public domain. You will need to make sure the work is actually in the public domain, and remember that publishers' copyrights in print, layout etc. last for 25 years from date of publication.
3. You own the copyright of the work. However, even if you have created the work, it may be necessary to check your conditions of employment to see whether your employer has an interest.

Advice

The industry is still in its infancy, so many copyright owners are unsure about granting permission and what to charge. Be prepared to negotiate. Don't be afraid to 'sell' your product and your financial position and prospects. If you believe your project is worthwhile educationally, and you're on a limited budget, say so.

Until all these things have been decided, don't use the material. Once you're 'locked in' to using a particular item, it can be ruinously expensive to negotiate a fee for use after the event. Worse, if an agreement cannot be negotiated, the whole project may be spoiled.

Finding the copyright owner

Alternatively, you can approach The Copyright Agency Limited (CAL). CAL has recently instituted a service called the New Media Licence Scheme to assist multimedia producers to clear works for use. You will find details at CAL's website, or you can contact them by phone on 02 9394 7600.

In either case, before granting permission, the publisher will need the following details from you:

• Exact details of the work you wish to use. Send a photocopy of text or illustrations, and include details of author, edition, title, ISBN etc. The more specific you can be, the more quickly your request can be handled. If it's film, video or music, send a very detailed description, including running time.
• A description of the program you are making, and how the requested material will be used.
• The number of copies that you plan to make.
• How the program will be distributed.
• Where it will be sold - Australia, world-wide, in-house etc.
• The selling price and the nature of the selling price, e.g. cost recovery, for profit, free distribution etc.

Finally, before going into production, make sure you have all your permissions in place and know the costs involved. It's also a good idea to select some alternative material, in case some of your original choices are too expensive or unavailable.

QUT copyright guide

URL: http://www.avs.qut.edu.au/docs/copyr/21.htm

This document is presented as a general guide to the observance of copyright law at QUT. It reflects the law as of June 1996. Although designed for a particular university the principles of copyright and links provided are relevant to the tertiary sector in general. The contents cover an introduction to copyright and specifics such as:

• What is covered by copyright?
• How is copyright in a work obtained?
• Duration of copyright in Australia
• Fair dealing
• Publishing and copyright
• Copying print works and the CAL Licence
• Computer software copyright
• Electonic copyright and the Internet
• Moral rights

About the author

Email: mailto:m.lean@qut.edu.au