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COPYRIGHT CLEARANCE PROCEDURE

COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

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WORKS PROTECTED UNDER THE PROVISIONS OF THE COPYRIGHT ACT NO. 98 OF 1978 Literary works Musical works Artistic works Sound recordings Cinematograph films Sound and Television broadcast Programme carrying signals Published editions Computer programs

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Page 1: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT CLEARANCEPROCEDURE

Page 2: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

LEGAL SERVICES

COPYRIGHT ACTThe Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works which authors or any other holder of copyright regard

as their sole property.

Page 3: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

WORKS PROTECTED UNDER THE PROVISIONS OF THE COPYRIGHT ACT NO. 98

OF 1978

Literary works Musical works Artistic works Sound recordings Cinematograph films Sound and Television broadcast Programme carrying signals Published editions Computer programs

Page 4: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

DIFFERENT FORMS OF REPRODUCTION OR COPYING

Printing Photocopying Scanning Digital copying (e.g. downloading) Electronic Storage in databases Translating or making adaptations of the work The particular typographic arrangement of a literary or musical

work is defined as a published version and is also protected by the Copyright Act.

PLEASE NOTE: Fair Dealing DOES NOT apply to MULTIPLE COPIES – “Subject to multiple copies for class discussion governed by the copyright regulations”.

Page 5: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

NMMU COPYRIGHT POLICY & SERVICES

The NMMU Copyright Policy can be found in the Staff Portal (Official Stuff >Policies –Copyright Policy 110.03)

Copyright Services can be found in the Staff Portal (Departments>Admin & Support / - Copyright Services)

The NMMU has elected to license copyright transactionally. A transactional licence is a one off licence which authorizes specific

reproduction of a specific item for a specific purpose at a specific time. Copyright licenses are financed from the central Copyright budget

which is administered by Legal Services.

Page 6: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT OFFICER The NMMU takes its duty to comply with the Act and related

regulations very seriously; therefore the NMMU legal services operate a copyright clearance office. Copyright permission is negotiated and obtained on your behalf by the Copyright Clearance Officer.

The Copyright Office is situated in Room 1204A, 12th Floor, Main Building – South campus

For further information please contact MARIA HANSFORD via e-mail: [email protected] or phone at 041 504-2741.

Page 7: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT CLEARANCE PROCEDURE

Applying for a copyright licence Amending or cancelling the copyright quote Receiving completed quote Approval form Display of licence details on all disseminated

study material as proof of compliance Licence renewal

Page 8: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

APPLICATION OF A COPYRIGHT QUOTE

If you are unsure whether your study notes require licensing, please contact the Copyright Office for assistance.

DALRO clears the majority of our transactional licenses. The DALRO form is available electronically (see Copyright services).

Please ensure that the required information on the form is filled in accurately (contact the Copyright Officer for assistance).

To avoid unnecessary delays - PLEASE PLAN AHEAD.

Page 9: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT QUOTE You will receive an email from the Copyright Office

informing you that DALRO has accepted your application and the quote is waiting approval from Legal Services.

During this period you may adjust your quote e.g. new student numbers.

All quote cancellations must be made in writing.

Page 10: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

APPROVAL FORM You will be advised by email that your approval form

has been faxed to your office. Permissions received directly from authors or

publishers will be included on the approval form. DISPLAY CURRENT LICENSE / PERMISSION -

Your current approval form must be placed in front of all disseminated study material – this acts as evidence that the study material is copyright compliant.

Page 11: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT LICENSE RENEWAL

PLEASE NOTE: A copyright license must be renewed annually.

Email me the following details- Original quote number and dateCurrent student numbers

Page 12: COPYRIGHT CLEARANCE PROCEDURE. LEGAL SERVICES COPYRIGHT ACT The Copyright Act no. 98 of 1978 governs the use of copyright protected works – those works

COPYRIGHT INFRINGEMENT Dissemination points are surveyed on a regular basis. If study material is

found with no visible permission / licence, the Legal Services will request the staff member to produce a current license within 7 working days.

Should the staff member not have a current licence, they will be requested to apply for clearance of the non-compliant material within a 14 working days.

PLEASE NOTE:Failure to comply with the above will result in the following- - the matter will be brought to the HOD / Dean’s attention -The lecturer will be advised that they could face possible disciplinary

action as required by the NMMU copyright policy.The cost of the retrospective licensing will, as per policy, be for the

responsible Faculty.