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Intellectual Property Policy

1. Purpose

1.1 To provide a framework for the encouragement and acknowledgement of invention and creative work, the responsible and legal management of 91视频 intellectual property (IP), and use of third party IP in compliance with legislation and related agreements.

1.2 To ensure 91视频 collects and preserves, as a permanent record for the 91视频 Archive, 91视频 publications and other material of significance in the formation and operation of technical and vocational education.


2. Scope

This policy covers IP created by staff and students of 91视频, 91视频 Solutions, and 91视频's agents and related parties, and IP selected for inclusion in the 91视频 Archive.


3. Principles

3.1 91视频 owns institute intellectual property created by staff members in the course of their employment with 91视频 and 91视频 Solutions in both written and electronic form as set out in the Copyright Act 1968, except as otherwise agreed in writing between the staff member and delegate.

3.2 Students own the intellectual property they create in the course of their studies and/or research at 91视频, except as otherwise agreed in writing. 91视频 will retain a copy of all student assessment items as set out in the Standards for Registered Training Organisations (RTOs) 2015.

3.3 Where issues arise in relation to the ownership of intellectual property the 91视频 Copyright Officer must be consulted.

3.4 All 91视频 intellectual property will include a 91视频 copyright notice, and be stored and retrievable from the approved 91视频 systems.

3.5 91视频 acknowledges moral rights granted to creators to be attributed for the work they have created. The creators of works in which 91视频 owns copyright will be attributed, unless:

  1. the creator requests 91视频 not to attribute:
  2. the creator agrees with 91视频 that it is not appropriate to be attributed: or
  3. 91视频 considers that it is not reasonable to attribute the creator as set out in the Copyright Act 1968.

3.6 Staff of 91视频, 91视频 Solutions and 91视频's agents and related parties are authorised by agreement/ licence, by exceptions in the Copyright Act 1968 or by a statutory licence to use third party intellectual property and:

  1. must acknowledge the use of third party intellectual property with the appropriate citations;
  2. are responsible for ensuring that 91视频 does not infringe the intellectual property rights of others in the reproduction, adaptation and use of the material.

3.7 Development of intellectual property prepared for commercial sale or delivery that relies on the use of, or builds on third party intellectual property, must address in a written agreement, the ownership of, and rights to use the third party intellectual property.

3.8 91视频 staff must not sell or licence, or offer to sell or licence, any intellectual property created by 91视频 students, except where the student has first explicitly assigned 91视频 permission to do so, in writing.  If a third party approaches 91视频 staff regarding student intellectual property, that approach should be forwarded onto the student in a manner that does not involve providing the student's contact information to the third party.

3.9 All agreements relating to intellectual property must be in writing and address IP ownership including rights to pre-existing intellectual property and that are created as part of the agreement. The written agreement must be lodged with the delegate.

3.10 91视频 staff and students are prohibited from using 91视频’s ICT network for the purpose of copyright infringement. 91视频 staff or students found to be repeatedly engaging in copyright infringement activities may have their ICT network access privileges suspended.

3.11 91视频 participates in the Safe Harbours scheme in Part V Division 2AA of the Copyright Act 1968. The National Copyright Unit (NCU) is 91视频's designated representative for the scheme and is first point of contact for takedown notices. 91视频 will remove the copyright content from its systems within 2 days of receiving a takedown notice, and will issue a counter notice to allow 91视频 staff or students to contest the infringement claims.

3.12 The 91视频 Library maintains the 91视频 Archive that houses a collection of material selected and preserved for its retrospective value and ensures 91视频 meets its obligations under the Copyright Act 1968 and Territory Records Act 2002.

3.13 Three copies of 91视频 produced publications must be lodged with 91视频 Library and Learning Services for inclusion in the 91视频 Archive, and for forwarding to the National Library of Australia Legal Deposit Unit in order for 91视频 to meet its legal deposit obligations under the Copyright Act 1968.

3.14 The 91视频 Archive will not duplicate publications held in other areas of 91视频.


4. Documentation

Legislation

Related 91视频 information and guidelines

91视频 Student Information
and information for 91视频 students on LibGuides
Copyright Information for staff
91视频 Archive Collection General Library Guideline GLG18


5. Definitions

All terminology used in this policy is consistent with definitions in the 91视频 Definitions of Terms.


6. Policy Contact Officer

Director, Learning Services and Innovation.

Contact 91视频 Student Services on (02) 6207 3188 or email infoline@cit.edu.au for further information.


7. Procedures

This policy is implemented through the associated procedures. Authority to make changes to the procedures rests with the policy owner.