UMAIC - Processing, Reproduction and Copyright

Conditions of use

Digitised images in the database are provided for study and research purposes in accordance with the fair dealing provisions of the Copyright Act 1968.

Processing of images held by the University of Melbourne Archives for other purposes must not occur without prior consent and is controlled by the following conditions:

• The University of Melbourne Archives has the right to grant permission for the reproduction of images from its collection, and to charge reproduction fees and processing fees where appropriate;
• Permission to reproduce does not include authorisation to publish, which involves copyright permission;
• Where the University owns copyright, it can be granted with permission to publish;
• Where copyright is not owned by the University, it is the responsibility of the researcher to gain copyright permission and pay fees, if any, to the copyright holder;
• The University of Melbourne Archives must receive the copyright clearance in print format before an order is processed;
• Processing fees apply in all cases; and
• Users are requested to acknowledge any use of the images to the University of Melbourne Archives citing the Image Registration number.

Processing Formats and Charges

Costs to process copies of images in designated formats must be paid by researchers when ordering for:

• use by University of Melbourne staff in University publicity, administrative reports or publications;
• use by researchers for private research or study; and
• use for publication for any purpose.

See the Processing Formats and Fees for the complete list of charges. These are only for the processing of the image and does not include charges that may be incurred if you wish to reproduce the image in a publication.

• Ordering Photographic Copies of Images
• Processing Formats and Charges
• Photography & Digital Imaging Order Form

Reproduction issues and conditions

Reproduction Fees may be payable to the University of Melbourne Archives to use copies of images for publication for any purpose except for non-commercial University of Melbourne staff projects.

Reproduction fees apply, whether or not the item is covered by copyright and are payable to the University of Melbourne Archives for the publication of images.

Reproduction fees vary according to the purpose for which images are to be used, and may be altered or waived at the discretion of the University Archivist.
Fees may be modified if the image is used for non-commercial purposes. This can mean:

• projects that are entirely self-funded by the author;
• items for charity;
• some educational purposes; and
• theses submitted for a degree.

Even if the reproduction fees are adjusted, the processing costs will still apply.

A signed Application for Permission to Publish or Reproduce Material Form must be printed out and returned to the Archives by mail before copying commences, and researchers must abide by the conditions of use and acknowledgment stated on the form.

For details of reproduction fees, please indicate the purpose for which you wish to use the images on the order form. Archives staff will return the Application for Permission to Publish or Reproduce Material Form and details of all possible costs for your approval before copying commences.

• Ordering Photographic Copies of Images
• Application for Permission to Publish or Reproduce Material Form
• Reproduction Fees

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Copyright Regulations

The University of Melbourne owns copyright on many, but not all, of the images of the University held by the Archives. Where the University is not the copyright holder, copyright fees may be payable to copyright owners for use of images at their discretion. The University may also charge a fee where it holds copyright.

It is the responsibility of researchers to obtain permission from the copyright owner for the use of their images for publication. Archives staff will assist by providing known details of the copyright holder, but will not take responsibility for obtaining permission or for fees.

Copyright law in relation to photographs is complex and based on the Copyright Act 1968 and subsequent case law. The following information on copyright is supplied for reference only and must not be considered qualified legal advice. For expert guidance, consult your lawyer or the Australian Copyright Council.

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Copyright Law

The Copyright Act is applicable if a work was created or first published in Australia or if the copyright owner was an Australian resident or a person resident in Australia at the time of creation. Works created overseas are protected by international copyright agreements of which Australia is part. The information supplied in this document applies to Australian materials.
Copyright protection may differ in other countries. The following information has been acquired from the National Library of Australia.

Definitions

Copyright is the exclusive right to:

• Reproduce a work in material form;
• Publish a work (exhibition is not considered to be a form of publication but an electronic publication is); and
• Include a work in a television program.

Ownership of Copyright

In Australia, the artist or photographer owns the copyright in their work with the following exceptions:

• If the artist or photographer is employed by a newspaper or magazine under contract of service, the owner of the copyright varies; and
• If the artist is commissioned by another person to take a photograph or paint a work, that other person is the copyright owner (unless overruled by contract), not the artist.

Please contact the University of Melbourne Archives for more information.

Duration of copyright

The Australian Copyright Act defines a variety of materials with different copyright protection. Those that pertain directly to the University of Melbourne Archives image catalogue are as follows:

• Life of author plus 50 years
  • Engravings and other prints published during the author's lifetime
  • Artistic works other than photographs and engravings and other prints
• 50 years from first publication
  • Engravings and other prints first published after the author's death or in which the Crown owns copyright
  • Photographs taken after 1 May 1969.
    [Please note that an unpublished photograph retains copyright in perpetuity.]
• 50 years from making
  • Photographs taken before 1 May 1969
  • Artistic works (other than engravings and other prints) in which the Crown owns copyright
• Period of protection in country of origin
  • Materials not made or published in Australia

For more information, contact the University of Melbourne Archives.