ACK Copyright Policy

ACK Copyright Policy

ACK Copyright Policy

PURPOSE

This policy covers copyright regulations as they pertain to ACK faculty, staff and students and does not constitute legal advice. It does not cover all copyright issues and is only an overview of the College’s standard policies and practices regarding exchange of information, its use and associated Copyright.

SCOPE

This document and stated policies apply to all ACK faculty and staff and students, who seek to make use of copyrighted works, whether in print, electronic or other form, in performing teaching or other College responsibilities.

POLICY STATEMENT

General Principles

  • Use of any Copyrighted material must, at all times, adhere to the relevant local and international copyright laws and the principles of fair practice. The Berne Convention, for which the State of Kuwait is a signatory of, mandates that signatory countries recognize copyrights held by the citizens of all other signatory countries. Accordingly, infringement of copyrights may lead to local and/or international prosecutions.
  • Copyright is automatic, originator of a material is granted immediate protection without any requirement for a formality or registration. It is illegal to violate any rights provided by the copyright law to the owner of copyright.
  • The information and guidelines included in this document do not constitute legal advice. It is the sole and personal responsibility of all members of ACK community to educate themselves on the copyright laws in their jurisdiction and seek specialized advice if and when necessary. ACK, in no event, shall be responsible for the actions of staff and/or students that violate local or international copyright laws. This policy, amongst providing a cautionary note on Copyright use by staff and students, is also intended to provide actual notice of responsibility of staff and students to abide by said law and regulations. With respect to all matters not addressed within this policy, the applicable and standing laws of Kuwait shall govern.
  • Copyrighted material must be used for personal use only. Making multiple copies for distribution without permission, communicating and using copyrighted material for any monetary gain purposes are prohibited as mentioned in the Communication of Copyrighted Materials below. Copyright owners are the only people entitled to copy or communicate their material in any form (print-scan-online) without any restrictions.
  • Copyright protection applies on all materials regardless of whether the material has the copyright symbol © or not.

 

Fair Use:

  • Fair Use constitutes limited and reasonable amount of copying and communication of copyrighted material without the originator’s permission for purposes such as teaching, critiques, commentaries, reporting, and research. In determining whether the use of a material is fair use, the following factors are considered:
    • the purpose and character of the use, including whether the use is of a commercial nature or is for non-profit educational purposes;
    • the nature of the material;
    • the substantiality of the portion used in relation to the whole material; and
    • The effect of the use upon the potential market material.
  • Below provides a framework for judging whether the use of Copyright protected material falls within fair use.
  • It is not always an easy and straightforward process to determine whether or not fair use has been made for a particular copyrighted material. Actions that go beyond these guidelines may also fall within fair use. Interested faculty/staff/students are urged to consult with ACK Library.
  • Quoting: Analysis and short quotations from copyrighted materials for the purposes of criticism, enlightenment, study or information are allowed provided that reference to the original literary work and author are clearly mentioned.
  • Books: No more than 10% or one chapter of a book may be copied by an individual for educational purposes within ACK. The source should be clearly and accurately referenced on the copies. If the material is to be used for commercial sale, permission from the copyright owner must be obtained.
  • Articles: Articles can only be used for personal purposes only and not for general distribution or multiple copies. If multiple copies are required, permission from the copyright owner must be obtained.
  • Internet: Uploading copyrighted materials such as journal articles onto websites or open-source learning platforms is strictly prohibited.
  • Materials and information on the internet are protected by copyright laws and must be for personal use only. Staff and students should check the copyright statement on each website before they download or communicate any materials from the internet. Faculty should refrain from distributing materials copied from the site and instead provide students with the relevant links.
  • Presentations: that contain copyrighted materials may be included in classroom presentations without permission as long as they are on display for educational purposes on the premises of the College and there is no commercial version available. Any presentations that are used for educational and teaching purposes that contain copyrighted materials must not be uploaded onto a blog or website as access to these are open to the public, as a result, this does not constitute fair use. If access to the web page is restricted such as with an open-source learning platform, then it is more likely to be fair use.
  • Broadcast or Audio-visual Material: It is prohibited to copy any broadcast or audio-visual material unless permission is indicated in the copyright notice on the item or unless written permission is directly obtained. If such items are required to be used in assessments, they must be used within the copyright limits stated on the item with proper acknowledgement of the originator and source, provided that they are used for research and study purposes only and not for any other purpose such as publishing.

 

ACK Copyright Ownership:

  • All materials including scholarly works and teaching materials as defined in ACK’s Intellectual Property Policy in which ACK owns the copyright must include the following copyright statement:
    • © The Australian College of Kuwait [year]
    • ACK faculty, staff and students may copy or communicate ACK copyrighted materials only if permission to use the material has been obtained from the ACK author or owner of materials.

 

TERMS AND DEFINITIONS

  • Copyright: Provides originators of materials, both published and unpublished, with exclusive legal rights for use and distribution and ensures that users have reasonable access to those works without infringing the rights of the creators.
  • Copyright Law: Protects any original work and grants the holder of the copyright exclusive control over when, how, and by whom their work may be copied, distributed, or exhibited.
  • Materials: Refer to the literary works protected under the State of Kuwait’s Law No.64 of 1999 concerning Intellectual Property Rights which include:
    • Written literary works;
    • Literary works delivered orally such as lectures, speeches, religious sermons and the like;
    • Theatrical literary works and musical plays;
    • Musical literary works with or without songs;
    • Literary works performed by means of movement or steps and mainly prepared for direction;
    • Movie literary works and audio, video and radio literary works;
    • Painting and literary works depicted by means of lines, colors and diagrams as well as literary works of architecture, sculpture, art carvings and decorations;
    • Literary works of applied art, including craft or industrial designs;
    • Illustrations, geographic maps, design, plans and models relating to geography, topography, architecture and science;
    • Computer literary works including software, databases and the like;
    • Derived and translated literary works; and
    • Photographic literary works.
  • Originator: Refers to creators of literary works or materials as defined in the General Principles above which include:
    • In the case of literary works or similar: The Author
    • In the case of designs: The Designer
    • In the case of a patentable invention: The Inventor
    • In the case of software and computer code: The Software Author
  • The Berne Convention: Refers to Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, for which vast majority of nations, including the State of Kuwait, are signatories.
  • Copying: Refers to copying of copyrighted materials, which includes but is not limited to:
    • Photocopying;
    • Scanning;
    • Recording from TV or radio; and
    • Downloading from the internet (works on the internet are as copyrighted as any other kind of work).
  • Communication of Copyrighted Materials: Includes, but is not limited to:
    • Distributing copies of the work;
    • Electronic Transmission via email or USB, etc.(except for personal use);
    • Including the material in a powerpoint presentation; and
    • Uploading the material online.

 

ATTACHMENTS

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