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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 ɬÀï·¬intellectual property (IP), and use of third party IP in compliance with legislation and related agreements.

1.2 To ensure ɬÀï·¬collects and preserves, as a permanent record for the ɬÀï·¬Archive, ɬÀï·¬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 CIT, ɬÀï·¬Solutions, and CIT's agents and related parties, and IP selected for inclusion in the ɬÀï·¬Archive.


3. Principles

3.1 ɬÀï·¬owns institute intellectual property created by staff members in the course of their employment with ɬÀï·¬and ɬÀï·¬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 CIT, except as otherwise agreed in writing. ɬÀï·¬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 ɬÀï·¬Copyright Officer must be consulted.

3.4 All ɬÀï·¬intellectual property will include a ɬÀï·¬copyright notice, and be stored and retrievable from the approved ɬÀï·¬systems.

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

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

3.6 Staff of CIT, ɬÀï·¬Solutions and CIT'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 ɬÀï·¬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 ɬÀï·¬staff must not sell or licence, or offer to sell or licence, any intellectual property created by ɬÀï·¬students, except where the student has first explicitly assigned ɬÀï·¬permission to do so, in writing.  If a third party approaches ɬÀï·¬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 ɬÀï·¬staff and students are prohibited from using CIT’s ICT network for the purpose of copyright infringement. ɬÀï·¬staff or students found to be repeatedly engaging in copyright infringement activities may have their ICT network access privileges suspended.

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

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

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

3.14 The ɬÀï·¬Archive will not duplicate publications held in other areas of CIT.


4. Documentation

Legislation

Related ɬÀï·¬information and guidelines

ɬÀï·¬Student Information
and information for ɬÀï·¬students on LibGuides
Copyright Information for staff
ɬÀï·¬Archive Collection General Library Guideline GLG18


5. Definitions

All terminology used in this policy is consistent with definitions in the ɬÀï·¬Definitions of Terms.


6. Policy Contact Officer

Director, Learning Services and Innovation.

Contact ɬÀï·¬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.