Version: 2.1
LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name
Queensland State Schools and Department of Education and Training business units wanting to use copyright materials and personal information for any purpose in connection with the Department or the State should obtain consent using forms developed for this purpose.
Statement of intent
The Department or State can only use a student's, employee's or volunteer's copyright materials, image, sound or other recording, name or personal information with the consent of the person or guardian. Students, employees and volunteer workers may include third party material: i.e., material whose copyright is owned by another party. If third party material is included, the school must ensure that permission has been obtained from the copyright owner for the use of that material, unless there are statutory exceptions, every time the work is to be used.
Queensland Public Sector Intellectual Property Guidelines 
require that all contracts in which intellectual property might be created (including outsourcing, consulting and contracting arrangements) should specifically address issues of pre-existing Intellectual Property, and Intellectual Property to be created during contract. Accordingly, no separate consent form has been drafted for use by contractors and/or consultants.
The Queensland Government follows Information Standard 42: Information Privacy and supporting guidelines to regulate responsible management of personal information, including appropriate purposes and procedures for collection, storage, use and disclosure by the Queensland Public Sector, including the Department of Education and Training and its statutory bodies.
The Privacy Plan of the Department of Education and Training provides detailed information about the types of information collected and its use.
Responsibilities
Consent Form/Project Consent Form: Directors, Principals and/or Managers:
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obtain consent to use copyright material, image, recording, name or personal information in relation to individuals as follows.
| Individuals: | To be signed by: | Original to be filed |
| Students under 18 | Parents or guardians and children who are of sufficient understanding and intelligence to understand fully what is proposed | in student file or project file |
| Students over 18 | Students | in student file or project file |
| Employees of Department of Education and Training* | Employees | in employee file and project file |
| Volunteers undertaking any voluntary activity for a school | Volunteer (or parent or guardian if under 18) | in project file |
| External parties | External parties/copyright owners | in project file |
| *Note: Forms do not apply to copyright material created during the course of a person's employment. When intellectual property (copyright) is created by a Crown employee while performing their official duties (in pursuance of terms of their employment), copyright is owned by employer, i.e., the State of Queensland. If copyright materials are created outside the terms of an employee's employment, but a permission or licence to use that work is still desired, a Project Consent Form should be used. |
- file originals of consent forms used to get such consent and retain as indicated
- ensure dealings with copyright materials, images, recordings or names comply with all other applicable laws and policies, particularly Information Standard 42: Information Privacy
- every time work which uses third party material is to be used, ensure permission has been obtained from copyright owner for use of that material, unless there are statutory licences in place for educational use (see www.smartcopying.edu.au).
- note circumstances in which consents may terminate, be modified or revoked, as set out in Section 3 of Consent Form (new window) 194k
- have Consent Form signed by students who turn 18 during their time at school
Consent Schedule: Directors, Principals and/or Managers:
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use a
Consent Schedule (new window) 184k to obtain more specific consent for particular dealings with copyright material, works, images, recordings, names or personal information not covered in Section 3 of the consent form, including:
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when an Individual's image or details will be published in public arena, such as via Internet, newspapers or television
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when recording students in school concerts or for DVD yearbooks and
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generally, in any situation outside of the usual activities or operation of the school.
Note: The Consent Form (new window) 194k provides information on the use of the Schedule. If there is any doubt about a situation, it is preferable to have a Consent Schedule signed.
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complete the Consent Schedule and gain signatures of approval, if using or publishing material or details that fall outside the purposes specified in
Section 2 on Consent Form (new window) 194k -
attach the completed Consent Schedule to the Individual's Consent Form and file appropriately
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never use a Consent Schedule for more than one specific purpose
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never publish full profiles with pictures of students on Internet, and do not include surnames of students
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Individual or Signatory:
- if student or volunteer, request a copy of a form by contacting the Principal, and if employee sending a request in writing through District Office.
Project Consent Form: Directors, Principals and/or Managers:
Individual or Signatory:
Contacts
For information about copyright, consent and privacy, contact:
Document information
Approval record: TRIM 09/7972
Date of implementation: 2007-07-10 Date of publication: 2007-07-17 Date to be reviewed: 2010-01-21 This procedure replaces: - Consent Forms and Schedules to use copyright material, image, recording or name - Version: Not Applicable
- LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name - Version: 1.0
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