Compliance, corporate governance and risk management all play an important part in managing councils’ financial and operational risks. But have you stopped to consider the hidden risk of copyright infringement?
In the daily activity of a council, your staff might provide copies of documents to third parties or copy articles from business publications, web pages and reports. They might copy maps, or email articles and post them to your intranet.
These activities can be vital for development and research and help you to provide better services and facilities for your local residents, visitors and businesses.
But when you copy and distribute these materials among your staff and third parties, the rights of the copyright owner may be infringed.
The availability of digital technology and the internet has also meant that copyright infringement has never been easier.
Most councils are aware of their copyright obligations when using music or computer software. However, when your council uses written materials, there are important copyright implications of which you must also be aware.
Copyright protects the original expression of ideas, not the ideas themselves. It is free and automatic, and covers a wide variety of material including market and research reports, newsletters, magazine and newspaper articles, direct mail, annual reports, training manuals, maps and plans.
Which means if you or your staff scan, cut and paste, email or post to an intranet content produced externally from your council without permission to do so, then it’s more than likely you are infringing someone’s copyright.
Last year, a landmark decision for surveyors was handed down in the High Court of Australia that has implications for all users and owners of copyright material.
The Court ruled that surveyors own copyright of their works and stated that a government does not have an implied licence to use their material for free.
Crucially, the decision means that the unremunerated use of surveyors’ work by government will finally cease, and surveyors will be both recognised and rewarded fairly for the use of their work.
This decision sends a clear message that the creator of any work being reproduced is entitled to fair payment for its use, and acts as a timely reminder to all organisations, including councils, to be aware of your use of copyright material and to ensure you have the necessary permissions or licence to copy.
Copyright policies and systems for copyright compliance are prudent risk management.
Copyright compliance demonstrates your respect for others’ intellectual property while ensuring your council is not taking unnecessary risks by infringing copyright law.
For more information on how you can manage your copyright risks, visit www.copyright.com.au
*Copy supplied by Copyright Agency Limited
