Copyright protects various “works” and “subject matter other than works”:  

Works:

• Literary works: Books, articles, software code, poems, and diaries. 
• Dramatic works: Plays, scripts, screenplays, and choreographic works. 
• Musical works: Musical compositions and arrangements. 
• Artistic works: Paintings, drawings, sculptures, photographs, maps, and diagrams. 

Subject matter other than works: 

• Sound recordings: Recordings of music, performances, lectures, or other audio. 
• Films: Motion pictures and other moving images. 
• Broadcasts: Television and radio broadcasts. 
• Published editions: The typographical arrangement of a book. 

Copyright doesn’t protect the ideas themselves but the unique way they are expressed, ensuring that creators are incentivised to produce new works.  

All teaching and learning materials at EIT are copyright protected ‘works’. This includes textbooks, textbook chapters, journal articles, videos, other audio-visual content, and software, as well as study guides, readings guides, slides, quizzes and exam questions, recorded lectures, and the text and images used in them. None of these works should be passed on or sold outside EIT, either online or in print. 

EIT staff and students are expected to comply with the Copyright Act 1968 (Cth), and with EIT’s policies and procedures. 

Copyright is primarily owned by the creator of the work. The copyright owner of a work has the exclusive right to: copy, publish, and perform it; communicate it online; translate or adapt it; and to assign, transfer, or sell ownership of the work to someone else. 

However, this default rule can be changed by specific circumstances. Some exceptions include works created by a commissioned artist, joint authors, or government employees, and copyright can also be transferred to another party, such as a publisher. 

Some exceptions include: 

• Employment: When a work is created by an employee in the course of their employment, the employer generally owns the copyright.  
• Commissioned Works: For certain commissioned works, such as private portraits or photographs, the commissioner may be deemed the copyright owner.  
• Joint Authorship: If two or more individuals significantly contribute to a work, they are joint authors and share ownership, with each needing permission to use the material.  
• Government Ownership (Crown Copyright): The relevant Australian government owns copyright in works created under its direction or control.  
• Transfer of Rights: Copyright is a transferable right. The original owner can sell or assign their copyright to another person or entity through a contract.  
• Inheritance: Upon the death of a copyright owner, the copyright becomes part of their estate and can be passed on through a will.  

Some considerations include: 

• A work is automatically protected by copyright as soon as it is given ‘material expression’ – that means a work has been created. 
• Copyright does not protect ideas or facts. 
• The terms of employment contracts, freelance agreements, or other contracts can significantly alter or clarify ownership of copyright.  
• Owning the physical copy of a work, like a manuscript, does not automatically grant you ownership of the copyright.  

Creators also have moral rights, which are non-economic rights that protect their connection to the work and its integrity. These rights may remain with the author even after economic rights have been transferred. 

In Australia, copyright protection generally lasts for the life of the author plus 70 years. For other works like sound recordings, films, and broadcasts, copyright protection is typically for 70 years from the year it was first made public or published. However, these terms can vary depending on the type of material and when it was created or published, with some older works potentially being in the public domain. 

Copyright is very important for you during your time as a student at EIT. It applies to you using the works of others and also to the works you create. 

1. When using the work of others (such as journal articles, book chapters, thesis, research, data, diagrams, websites, pictures), anything that you didn’t create yourself is known as a third-party work and is protected by copyright. You may, however, use fair portions for education purposes. 
2. As the author of an original work, you own the copyright of your assessments. Copyright in a group assessment belongs to all the students who have contributed. The same applies to research papers and articles that have multiple authors. 

Using third-party works for research and assessments: 

Under the Copyright Act, Fair Dealing allows you to use a limited amount of someone else’s work for your own study or research—without needing permission or paying fees—provided the use is fair and properly referenced. 

For text-based works (print or digital), you may copy a reasonable portion, such as: 

• 1 chapter or 10% of a book (whichever is greater) 
• 1 article per journal issue (more if needed for the same research) 
• Up to 15 pages from an anthology 

You can include these portions in essays, presentations, or other assessments, but always include the full reference. (Link to referencing page) 

You may also use limited excerpts of images, music, films, and other media for EIT assessments only. These uses are not permitted in public forums such as festivals, competitions, or any online platforms. 

For visual and audio materials, the Act doesn’t define specific limits. Use only what is necessary and fair—typically a short extract rather than the full work. 

Making your own copies of learning materials: 

Fair Dealing provisions and educational licences mean that you may make a single copy of journal articles, book chapters, etc. that you have been given via your unit’s Readings Guide. You must not: 

• make or give copies to other people, 
• upload them to ‘note-sharing’ sites or any other websites (including blogs or social media). 

Doing any of the above could result in an academic misconduct case being raised against you. 

To stay on the right side of copyright law while studying at EIT, students should follow these key principles: 

• Use materials under Fair Dealing: Only copy a reasonable portion of a work for your own research or assessments (e.g. 1 chapter or 10% of a book).  
• Always reference your sources: Whether you’re quoting text, using an image, or including a clip, proper referencing gives credit to the original creator and supports academic integrity. 
• Don’t use copyrighted materials in public projects: Content used under Fair Dealing is for assessments only. Do not upload assessments containing third-party material to websites, social media, or competitions. 
• Choose open access content where possible: Look for materials marked as Creative Commons (CC) or in the public domain — these are free to use with fewer restrictions, though they often still require attribution. 
• Ask for permission when needed: If you want to use more than a fair portion, or include copyrighted work in something that will be publicly shared, you’ll need to get permission from the copyright owner. 
• Use EIT-licensed resources: eLibrary resources, academic databases, and learning materials provided by EIT are licensed for your educational use — take advantage of them. 

When in doubt, ask your LSO, ask your lecturer/instructor, or contact the Academic Resources team via the Support page. 

Copyright and your thesis – Copyright at UNSW – Library guides at UNSW Library

In copyright, attribution is the act of acknowledging the creator of a work you are using, as required by copyright law or specific licenses like Creative Commons. It involves crediting the creator’s name, the work’s title, the source, and the license under which it was used. Proper attribution is a fundamental aspect of both copyright law and intellectual property, and can protect against plagiarism and uphold the author’s moral rights. 

See the referencing page for support on how to properly reference your sources. 

Open access content is free, unrestricted, online access to scholarly research outputs, like articles, books, or data, without financial barriers, allowing users to read, download, and share the work without paying a fee or needing a subscription. True open access content also often includes an open license, such as a Creative Commons license, which explicitly allows for broader sharing and reuse of the material under specified conditions. 

Remember: you still need to reference any content you use in your assessments. 

Referencing open access content: 

• Reference OA content in the same way you would any other published material.
• Include the author, title, publication date, journal name (if applicable), and any other relevant information as dictated by your required citation style (e.g. IEEE).  
• For online OA content, it’s essential to provide the full URL or DOI (Digital Object Identifier) so your assessor can easily access the source.  
• Just because it’s free, it doesn’t mean the quality is lower; OA publications are evaluated using the same standards as traditionally published works. 

Creative Commons is a non-profit organisation and an international system of licenses that allows creators to grant public permission to use their copyrighted work, rather than “all rights reserved”. These free, standardised licenses specify conditions for using, adapting, or distributing a creative work under a “some rights reserved” approach, simplifying copyright issues and fostering a shared digital commons of creative content. 

Learn more from the Creative Commons website. 

Copyright infringement occurs when you use someone else’s copyrighted work in a way that violates their exclusive rights—such as copying, distributing, or adapting it—without their permission. It is not legally considered “theft” because the original owner still has their copy, but their rights have been violated.  

Methods of infringement: 

1. Accessing Unauthorised Copies 
   • Downloading from torrent sites or streaming from unauthorised sources. 
   • Even if you only use a small portion under “Fair Dealing” (e.g. for an assessment), it is still infringement if the original source was not legally obtained. 
2. Communicating or Publishing Copies 
   • Sharing, uploading, or distributing a work (physically or digitally) without permission. 
3. False Attribution 
   • Claiming you created a work you didn’t, or crediting the wrong creator, violates the creator’s moral rights. 
4. Damaging the Work’s Integrity 
   • Altering a work in a way that harms its integrity or the creator’s reputation also infringes moral rights. 
5. Making Unauthorised Copies 
   • Copying a work without permission is infringement except for narrow exceptions like personal backups. 
   • This includes sharing and distributing material online. 
6. Public Performance 
   • Showing or performing a work publicly requires special performance rights. 

Note: You can infringe copyright even with no financial gain and even when your intended use (like completing an assessment) might otherwise be legal—if the source or use itself is unauthorised. 

When using Generative AI (GenAI) tools, copyright and licence rules still apply. 

EIT staff and students must not upload copyrighted materials, such as book chapters, journal articles, course materials, or student work, into GenAI systems unless they own the copyright or have explicit permission to do so. Uploading copyrighted material to AI tools may breach: 

• The Copyright Act 1968 (Cth)
• EIT’s licence agreements with publishers 

EIT policies relating to data security and intellectual property 

Can I upload my course materials to GenAI tools? 

External GenAI tools should not be used to upload EIT course materials. EIT staff and students may use Microsoft Copilot when authenticated with their EIT account, as this operates under enterprise data protection arrangements. 

Are GenAI outputs protected by copyright? 

Not necessarily. Under Australian copyright law, a work is only protected if it is created by a human author who contributes independent intellectual effort. Content generated entirely by AI may therefore not qualify for copyright protection.  

If a person uses AI as a tool in the creative process, and the final work reflects significant human creative input, copyright may exist in the human-authored elements of the work.  

Who owns the copyright in works created using GenAI?  

Where copyright exists, the human creator of the work is usually the first owner of copyright. 

If the work is created by an employee as part of their employment, copyright will generally be owned by the employer. 

Protecting copyrighted and confidential material  

Some GenAI tools may store prompts, uploaded files, or generated outputs. This can result in copyrighted or confidential material being captured or stored outside EIT systems. 

For this reason, EIT only endorses the use of Microsoft Copilot for staff and students when working with copyrighted or sensitive content related to their studies or work with EIT. Copilot operates under enterprise data protection arrangements, which provide appropriate safeguards for institutional data and copyrighted materials. 

Staff should ensure they understand the data handling settings and privacy policies of any AI tools they use and only use tools that comply with EIT policies relating to: 

• Data security
• Confidentiality
• Copyright licensing agreements 

Using AI tools with copyright materials 

EIT staff may use AI tools to assist with analysing or interpreting copyrighted materials where this is permitted under EIT’s Statutory Education Licence, provided all licence conditions are followed. 

For guidance on the appropriate use of AI in teaching, learning, and assessment, please see the EIT and Generative AI page. 

For further details about EIT’s stance on GenAI, please visit the EIT and Gen-AI page. 

As an EIT student, you retain the copyright to your thesis, along with the exclusive rights to: 

• publish your thesis
• make it available online
• present it publicly
• create adaptations or other versions of your work
• broadcast or otherwise communicate it 

Your copyright stays with you unless you choose to transfer it, such as to a commercial publisher. Adding your thesis to our institutional repository does not change your ownership; instead, it can help safeguard your rights because: 

• The full citation clearly names you as the author, ensuring your work is identifiable and cannot be treated as an “orphan work.”
• A copyright notice is included, outlining the terms of use and reminding others that permission is required for any reuse. 

EIT will not publish any student work in the public domain unless permission has been granted. 

Can I use copyright content in my thesis? 

It is recommended to seek permission from the copyright owner before including third-party copyright material in your thesis, unless there is a licence, agreement or exception that allows the inclusion of the third-party works in the thesis. Permission does not need to be sought if: 

• Copyright in the work has expired.
• An insubstantial portion is included, for example, quotes from a book or journal article. Be careful if using quotes or excerpts from short works such as songs, poems or pieces of music as small portions are less likely to be considered insubstantial.
• An express license allows the inclusion of the work, in the thesis, e.g. a contract, website conditions.
• Creative Commons material, copyright owner has explicitly waived copyright, etc.
• Use is covered under fair dealing provisions. 

Research students are generally permitted to include limited amounts of other people’s material, e.g. images, maps, and tables, in their thesis for research and study purposes under a special exception in the Australian Copyright Act. 

For example, it is generally considered ‘reasonable’ under the fair dealing for research or study to reproduce a whole of an ‘artistic works’ (including maps, diagrams, graphs, etc.) that accompany and illustrate/explain a text for research or study purposes. 

Overview: 

In Australia, copyright law allows educators to use third-party copyright material in certain ways for educational purposes without having to seek permission from the copyright owner. The use of third-party copyright material for educational purposes is permitted for EIT through the Statutory Education License and Exceptions within the Copyright Act 1968 (Cth.) 

Different education licenses and exceptions apply depending on how the material is being used, and what type of material is being used. 

There are also a number of exceptions that allow EIT staff to reproduce material in accessible formats to assist students and staff with disabilities (this is the only provision of Fair Dealing which may be performed on another person’s behalf.) 

PDF copies of textbooks: 

Uploading PDF copies of textbooks to Moodle is not allowed because it creates unauthorised copies of the book, which infringes the copyright holder’s exclusive rights. Even if you or EIT owns a print or digital copy of the book, that ownership does not include permission to reproduce or distribute it online. 

Most digital textbooks also have strict licence terms that specifically forbid copying or uploading the file to other platforms. Instead, staff should link to the library’s licensed version or use only small extracts within permitted copyright limits. 

Videos and online content: 

Most licences do not allow you to copy, download, or format-shift their content. For example, downloading a YouTube video for offline use often breaches its licence and the YouTube Terms of Service. 

Because digital licences vary widely and can be restrictive, the preferred approach is to link to or embed online content rather than copying it. Embedding uses tools like YouTube’s embed code to display the content without hosting or duplicating it yourself. It is not recommended to download videos or online content and upload to the LMS (Moodle) 

Embedded content is protected under the Copyright Act’s Safe Harbour provisions, but you must promptly remove any link or embed if notified that it infringes copyright. 

Embedding has limits: if the host removes the content, your embedded content will break. This is still preferable to risking infringement. If offline access is essential, permission will need to be sought from the copyright owner. 

Remember: You must still follow general copyright rules and Fair Dealing limits. 

eBooks and software: 

Digital materials like eBooks and software often come with different rights than if you had purchased a physical copy of the same work of media. Digital media is often Licensed instead of sold to you, which means your rights are different, and are restricted under the Terms of Service. Many uses that are allowed for physical materials (e.g. copying part of a textbook for the LMS) may not be permitted for digital versions. 

It is important to be aware of the licensing agreements you agree to access and use material under. For example, eBooks provided to you in an eLibrary subscription may be licensed for a limited number of users at a time, for limited loan periods, as defined by the publishers who host and manage the subscription. These subscription licenses also restrict the manners in which the content can be re-used, including copying select chapters of materials for student use (as otherwise permitted under Fair Dealing provisions.) 

Flexible Dealing and Section 28: 

Section 28 

Section 28 of the Copyright Act covers the performance or communication of works during educational instruction. It allows teachers to show, play, or otherwise communicate a work for teaching purposes as long as the instruction is not for profit. 

You can think of this as the “show and tell” rule. It lets educators use a larger portion of a work—sometimes even an entire song, play script, or similar material—when it is necessary for teaching, even if this exceeds the usual 10% guideline. However, this use must be strictly for students and academic purposes, not for the general public. 

Educators can make temporary (“interim”) copies to support teaching. These might be: 

• Physical copies, handed out only in class and collected afterward, or
• Electronic copies, uploaded to the LMS but only kept for the minimum time needed (for example, just for the week of the in-class activity). 

If Section 28 overlaps with the statutory licence, the licence takes priority, including all requirements for record-keeping and payment. 

Flexible Dealing 

Section 200AB, known as Flexible Dealing, allows educational institutions to use copyright material for certain organisational or teaching needs when no other exception applies. However, the use must meet all of the following conditions: 

1. It is a special case, not a routine or general use.
2. It falls under the types of use allowed, including use by an educational institution for teaching. 
3. It does not interfere with the normal way the copyright owner exploits their work (e.g., it doesn’t replace a sale or licence). 
4. It does not unfairly harm the copyright owner’s legitimate interests. 

Flexible Dealing is not a broad or automatic exemption. Each situation must be assessed individually to ensure it meets every requirement. 

If you require advice regarding using Section 200AB in classes, pleasec ontact [email protected].  

If someone infringes your copyright, you are entitled to take action. We advise to start by contacting the person or organisation in writing to explain the problem. In many cases, the issue is resolved quickly, for example, by removing the material from a website. If they fail to address the breach and you are confident that an infringement has occurred, you may choose to pursue legal action. Before doing so, it is advisable to obtain independent legal advice. 

If you have reason to believe that an EIT student or staff member has infringed copyright in the course of his/her activities at EIT, you should report the matter to the Academic Resources Manager using the contact details listed below.  

The Academic Resources Department is EIT’s designated department to receive notices or notifications from third parties in relation to EIT-owned content transmitted, cached, hosted or referred to outside of our LMS (Moodle) or our internal network (Sharepoint). 

External parties who believe that material available from EIT constitutes a breach of their copyright, or breaches an agreed licence or contract, should notify the Academic Resources Manager directly providing the following information:  

• Sufficient information to enable us to identify the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works; and
• Sufficient information to permit us to locate and access such material; and
• Sufficient information to permit us to contact you, such as your name, address, telephone number and email address.
• An indication of whether you are the owner of the content, or if you are acting on their behalf.
• Details of all parties must be supplied, including the relationship between them. 

Email: [email protected]