SA Health Library Service FAQs

Answer

Key points:

• Copyright protection is free and applies automatically when material is created.
• There is no registration system for copyright in Australia and there does not need to be a copyright notice or symbol on a work for it to be protected.
• A state, territory or federal government will usually own copyright material created or first published by it or under its direct control.
• You cannot amend or alter another person’s work.
• SA Health employees must comply with any legal requirements governing the use of copyright materials.

Background information:

Governments have greater rights to use copyright materials than other users. Section 183 and 183A of the Commonwealth Copyright Act 1968 ('Government Use provisions') provide that if the use of copyright material is 'for the services of the Crown' (i.e., the copying of material relates directly to work), then such use is not an infringement of copyright.

Government use of copyright material:

The Copyright Act enabling the Government (the Crown) to make an unlimited number of uses of copyright material for the service of government is known as the Statutory Government Licence.

All SA Health Local Health Networks and agencies are covered by an agreement with the Copyright Agency.

What is copying?

• Making a photocopy
• Scanning a printed copy into an electronic format
• Printing an electronic document
• Saving to a storage device such as USB or hard drive

What about communicating information (e.g., a journal article or book chapter)?

The 'communication or sharing' of information – making information available online or transmitting it electronically – whether by intranet, SharePoint, website, or email is not covered in the State Government agreement with the Copyright Agency.

Can I communicate or share a PDF copy of an article or book chapter with my colleagues?

• Yes, if the resource was freely available on the internet (e.g., open access).
• No, if you had to login using your library username and password to access the information.

If the PDF cannot be shared, what can I do?

• A URL to the article or eBook may be shared which will allow your colleague to login with their library account and access the full text PDF for themselves. If you’re not sure which URL can be shared, please contact the Library Service
• Look for an email icon or share option on the journal, eBook or resource site. Publishers may provide their own preferred and legitimate ways of sharing their information

Can I make copies of articles to hand out to staff?

Yes, if the copying is for the services of government. Copying any type of text is covered by the declared collecting society, Copyright Agency

What is not covered in the Government Use provisions in the Copyright Act?

Certain uses of copyright material by governments are not administered by a declared collecting society or covered by an agreement with a collecting society. For example, the reproduction of sound recordings or computer software, the publication of previously unpublished textual material and the communication of copyright material to the public (e.g., by email or via the internet) may not be covered by an agreement. Where such uses of copyright material are made, and they are not covered under an agreement with the relevant collecting society, the copyright owner must be notified directly.

Can I copy and use images for presentations?

• Some SA Health subscribed resources, such as ClinicalKey; ClinicalKey for Nursing and UpToDate grant authorised users’ permission to use content from their sites in presentations for non-commercial use. As part of the permission all copyright and other proprietary notices must be kept intact
• Copyright free, creative commons and public domain sites can also be used to source illustrations which can be freely used

Further information:

This FAQ provides limited information only.

Copyright information is complex and rapidly changing. General advice can be sought from the SA Health Library Service. The Australian Copyright Council produces information sheets about copyright; including a fact sheet specifically for Government: Commonwealth, State and Territory

Legal advice in relation to copyright can be sought from the South Australian Crown Solicitor’s Office for a fee.

The SA Health Copyright page provides information on the use of South Australian Government material.