Copyright procedures

What is copyright?

Copyright is a property right that exists in accordance with the Fiji Copyright Act (1999) in original works of the following descriptions:

1. literary, dramatic, musical or artistic
2. sound recordings
3. audio visual works
4. broadcasts
5. cable programs
6. computer software.

Copyright protection covers both published and unpublished works. The fact that a previously published work is out of print does not affect its copyright.

Ownership of copyright at the USP
Works developed by University staff within the scope of their employment are the property of the University. The University owns the copyright for works created as special projects. When a staff member as part of his/her normal teaching assignment agrees to have his or her lectures videotaped for off-campus broadcast or to have them broadcast live via University telecommunications facilities, the programs will be jointly owned and copyrighted by the staff member and the University.  Further information can be found in the Handbook for Staff and Students on the Intellectual Property and Copyright Policies of the USP

CDD In-house copyright procedures

Basic rule
Copyright materials will not be reproduced unless:

• the instructional designer or course writer confirms in writing that all copying of external copyright material falls within the limits prescribed by the Fiji Copyright Act (1999), OR
• appropriate authority has been obtained through the USP Copyright & IP Officer.

The Fiji Copyright Act
Under the fair dealing provisions individuals have the right to copy insubstantial extracts (e.g. a paragraph or a sentence or two) from a copyright work for criticism or review as long as the work is appropriately acknowledged.  Students can use this provision when writing research papers.  Teachers can use this provision when preparing course books.

The Act also permits the following uses by educational institutions:

• the copying of one chapter or 10% (whichever is less) from literary, dramatic, musical or artistic works for supply to students or staff
• the copying of artistic works (such as illustrations) where it is part of such copying 
• the copying of sound recordings, audio visual works or audio soundtracks and broadcasts for instructional purposes
• the performance of literary, dramatic or musical works or the playing or showing of sound recordings, audio-visual works or broadcasts as long as this is not to a public audience i.e. it is restricted to students and staff, not extended to family
• the recording of television or internet broadcasts and showing for educational purposes
• the copying of copyright material to set and answer questions for examination purposes and communicate them to candidates.

Material made available on the Internet is also protected by copyright unless stated otherwise. It is important that staff check the copyright notices provided before downloading any material. There may be a statement that indicates that the material may be copied or used for educational or non-commercial purposes.  Under the provisions of the Act, up to 10% or one chapter of a work contained on a website could be downloaded and supplied to students in a course book or on a CD ROM.

The Fiji Copyright Act does not permit making this material available online – on a website, on a password protected Intranet or through Moodle. 

Please note that there is no provision in the Act that permits the copying of articles for students. A reading list should be provided to students who can access the articles through the library or online, where the appropriate http:/ address is provided.

What should you seek permission from the Copyright & IP Officer?
You will need to seek appropriate authority from the Copyright & IP Officer to reproduce the following copyright materials for students:

• anything more than a chapter or 10% of a literary, dramatic, musical or artistic work
• whole artistic works such as illustrations or diagrams from books or journals (where not included as part of the chapter or 10% permitted under the Act)
• any copyright material to be posted online or made available through Moodle
• any materials/graphics downloaded from a website that does not allow free use for educational purposes.

Seeking Permission
Where you need appropriate authority to reproduce copyright materials beyond the limits of the Act, you will need to seek permission from the Copyright & IP Officer, Kathy Moore, email: moore_k(at)usp.ac.fj and provide the following information:

PERMISSION TO COPY FROM COPYRIGHT WORK