You acknowledge and agree that any material (including pictures, videos, images, audio and/or text) you submit to the FUSE website complies with this Copyright Policy.
1. You must own, or have the necessary licence to use, the copyright in the material
If you contribute material to the FUSE website, you must be in a position to grant to the Department of Education and Early Childhood Development (DEECD) a licence to use the material, which means that either:
- you or the DEECD hold the copyright in the material; or
- you acquired the material from a source that allows the material to be used for educational purposes. For instance you have gained permission from a student who has given permission to use the material.
This material from a copyright perspective is defined as:
- teachers, students and parents assisting students can access and use the content;
- those accessing the content can copy, communicate and modify as much as they want in an educational context so long as they credit the author and the copyright owners; and
- there is no payment required for the end use of the content.
Broadly, you will have a licence to use the material as educational purposes material if the copyright owner of the material consents to the educational use of the material for educational purposes. Refer to Intellectual Property and Copyright – Information for Schools and the relevant consent forms.
(a) Content created by teachers
School staff may produce original material in their day-to-day work. This could include presentations, teaching materials, or professional development materials. Original material created in this way will be protected by copyright. The copyright in work that is created by school staff is owned by the State of Victoria (Department of Education and Early Childhood Development) if it is created:
- as part of staff's work duties; or
- as part of professional development activities that form part of a staff member's employment.
This is the case whether the individual is employed by the Department or by a school council.
This is called 'Crown' copyright. The Department administers this copyright on behalf of the State of Victoria. The Office of Government School Education’s Regional Directors are authorised to grant licences for the use of these copyright materials by other parties. (Department of Education & Early Childhood Development: Copyright Guidelines for Victorian Government Schools, Version: 4 January 2008, http://www.eduweb.vic.gov.au/edulibrary/school/stratman/copyright/copyrightguidelinesforschools.pdf,accessed 28 April 2009)
You may, subject to this Copyright Policy, submit the content as educational use material to the FUSE website.
(b) Content created by students
Students hold copyright over original material that they create, unless these rights have been assigned to a third party. Accordingly, if all or a substantial part of a student's work is incorporated into the material (i.e. student material is incorporated into a teacher's curriculum support or professional development materials) then the consent of the relevant student to use the student's material as Green Material will be necessary before you submit the material to the FUSE website. A form for obtaining consent from students or parents is available in the Learning On Line – Forms and Templates.
(c) Content derived from third party websites
You must be careful with material you wish to submit to the FUSE website which has been taken from a third party website. In general, you will be able to submit material contained on the internet to the FUSE website provided that:
2. Material must not infringe third party intellectual property rights
It is not enough merely to own the copyright in the material or have a licence to use the material for educational purposes. You must also ensure that the material does not infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
3. Respecting moral rights
In addition, students retain rights known as ‘moral rights’ which cannot be waived or assigned. The practical implication of these moral rights is that the work needs to be attributed to the student – but in a way which does not compromise their privacy or safety. For example, if student art is being displayed on the internet, an appropriate form of attribution might be to use the student’s first name and year level – but not the student’s full name.
4. What the DEECD may do
You understand and agree that the DEECD may, but is not obligated to, review content you submit to the FUSE website. The DEECD may also delete or remove (without notice) any material (or part thereof) in its sole discretion, for any reason or no reason, including material that in the sole judgment of DEECD violates this Copyright Policy or an applicable law. We may immediately suspend or terminate your access to FUSE without notice to you if you breach any term of this Copyright Policy of an applicable law. If you do not agree to these terms, do not submit any material to the FUSE website.