Department of Education and the Arts

Copyright

Copyright restrictions apply to the use of material in publications such as books, CDs, videos, sound tracks and web pages. Permission is usually required to publish written or graphic material obtained from publications, broadcasts, the Internet, students' work and so on.

Similarly, people or organisations using material created by Education Queensland (EQ) are obliged to first obtain permission from EQ.

Before publishing a photograph or video of a student or staff member, permission should be obtained. Do this using a consent form for use of material.

Consent forms

The student, staff and volunteer consent forms are available on line. Further enquiries should be directed to Legal Services Branch +61 7 3235 4233.

Consultants/Contractors Consent

When Schools engage Consultants or Contractors the Principal should ensure that a written contract is entered into between the Consultant/Contractor and the State of Queensland acting through the Department of Education and the Arts ("the State"). This contract should provide for the Intellectual Property rights in the material that is created as a result of this contract to belong to the State. The contract should also contain a licence or licenses from the Consultant/Contractor and third parties to the State in respect of the background material (if any) in so far as this material relates to material created pursuant to this contract.

The contract should also allow for the State to use the Consultant/Contractor's vision and/or sound. If the contract does not provide for this then use the Contractor/Consultant Consent Form (this form is under review and will be available shortly). This form should then be an attachment to the contract.

However if in the particular facts it is agreed that the Consultant/Contractor should own the Intellectual Property rights (this is a policy decision) then the Principal should ensure that there is a licence for the State to enable the State to use the copyright material for all purposes. Seek legal advice from the Legal Services Branch.

A standard Consultancy Services contract is available from the Strategic Procurement Unit. If you require any further information contact the Legal Services Branch.

Obtaining copyright clearance

Obtaining copyright clearance will take from a few weeks to a few of months. Remember to plan for this delay. Also budget for the cost of obtaining clearance. Communications and Marketing can provide estimates.

Don't distribute publications until all clearances have been obtained. Occasionally, clearance will be denied and replacement material will need to be sourced. If the deadline is tight, it may be less risky to develop your own material rather than copy existing material.

Copyright clearance for Internet sites is often prohibitively expensive or totally denied. Bear this in mind when designing the site and planning implementation.

The Copyright section within the Department of Education Manual outlines the different types of material that require copyright clearance. It is advisable to read this section and become familiar with the current copyright processes within EQ.

There are certain issues that are not covered within the scope of copyright clearance. For example, taking an individual's photo does not require copyright clearance as such, however, there is an expectation that permission should be asked from that particular individual before taking the photo. It is also advisable (as a matter of courtesy) to get permission from individuals before replicating or reprinting their work (for example, copying a student's artwork to publish in Education Views).

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