LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name

• Copyright Act 1968 (Cth) (new window) Parts III, VB, VII and IX http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/20470F1CF0D331BDCA25750F000D54FC/$file/Copyright1968.pdf
• Education (General Provisions) Act 2006 (Qld) (new window) s426 http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EducGenPrA06.pdf
• Information Privacy Act 2009 (Qld) (new window) . http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf

• National Copyright Guidelines http://www.smartcopying.edu.au/
• Queensland Public Sector Intellectual Property Guidelines http://www.industry.qld.gov.au/dsdweb/v4/apps/web/content.cfm?id=6775

• ICT-PR-004: Using the Department's Corporate ICT Network /strategic/eppr/ict/ictpr004/
• IFM-PR-007: Intellectual Property /strategic/eppr/information/ifmpr007/

Statement of intent

The Department or State can only use a student's, employee's or volunteer's copyright materials (including written,artistic, musical or dramatic works and video or sound recordings) or personal information (including their name, image or other identifying information) with the consent of the person or their guardian. Copyright works may include third party material: i.e., material whose copyright is owned by another party. If third party material is included, the school or TAFE Institute 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 Copyright Act 1968 (Cth), the Education (General Provisions) Act 2006 and the Information Privacy Act 2009 govern the Department's handling of copyright material and personal information including the collection, storage, use and disclosure of this information by the Department.

Responsibilities

Consent Form (new window) 167k /Project Consent Form (new window) 187k :

• obtain consent to use copyright material or personal information in relation to individuals as follows.

• 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 the Information Privacy Act 2009
• 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
• have Consent Form signed by students who turn 18 during their time at school

Consent Schedule (new window) 156k

• use a Consent Schedule to obtain specific consent for particular dealings with personal information or copyright material created by a student, volunteer or employee not covered in Section 3 of the consent form, including:
• when an Individual's personal information or copyright material will be published in the public arena, such as via the internet, newspapers or television
• when recording students in school concerts or for DVD yearbooks and
• generally, in any situation outside of the usual activities or operation of the school or TAFE Institute
  Note: The Consent Form 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.
• complete the Consent Schedule and gain signatures of approval, if using or publishing material or personal information that falls outside the purposes specified in Section 2 of the Consent Form
• attach the completed Consent Schedule to the Individual's Consent Form and file appropriately
• never use a Consent Schedule for more than one specific purpose
• never publish full profiles with pictures of students on Internet, and do not include surnames of students
• when posting school newsletters on Internet, modify the content to comply with ICT-PR-004: Using the Department's Corporate ICT Network and published advice of the Queensland Police Service

INDIVIDUAL OR SIGNATORY:

Consent Schedule (new window) 156k

• if a student or volunteer, request a copy of a form by contacting the Principal or TAFE Institute Director, and if employee, request a copy of a form by sending a request in writing through District Office.

Directors, Principals and/or Managers:

Project Consent Form (new window) 187k

• use a Project Consent Form to obtain specific consent for particular dealings with copyright material or personal information in relation to a specific project
• follow the procedure for use of a Consent Form above
• never use a Project Consent Form for more than one specific project

Individual or Signatory:

Project Consent Form (new window) 187k

• request a copy of a form by contacting the person nominated in item 7 of the Project Consent Form
  

Forms

• Consent Form (new window) 167k
• Consent Schedule (new window) 156k
• Project Consent Form (new window) 187k

Other relevant documents

• Not Applicable

Contacts

For information about copyright, consent and privacy, contact:

• 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, 2.0, 2.1