Legal and copyright information
The
VCE Visual Communication and Design Study Design points out the concepts and practical knowledge relating to copyright and intellectual property which teachers need to explore with students in this study.
- Unit 1 introduces students to the importance of copyright and intellectual property obligations when using the work of others in visual communication and the conventions for acknowledging sources of inspiration.
- Unit 2 requires students to apply the knowledge acquired in Unit 1 relating to the concepts of copyright, intellectual property (IP) and the legal obligations faced by designers as they create their own visual communications, particularly where these draw upon or use typefaces, logos and images created by others.
- In Units 3 and 4 students continue to develop their understanding of how ethical and legal issues shape the design process through analysing the works of actual contemporary designers from the communication, environmental and industrial design professions. They demonstrate their understanding of how to manage copyright and intellectual property aspects within the design process, undertaking extensive research of designs across a broad range of works and media in order to respond to a specific brief and producing their own final visual communication presentations.
Teachers need to explore with students the concepts of copyright and intellectual property and how designers manage copyright and Intellectual property obligations in practice.
Teachers also need to assist students to understand and address copyright and other legal obligations in relation to the works they create for the successful completion of this study.
Teaching the concepts of copyright and Intellectual property
Within the conceptual discussion, teachers can address aspects such as the:
- concepts of copyright and intellectual property as legal protection and usage regimes, set out in legislation (the Copyright Act, the Trademarks Act, the Designs Act, the Patents Act) which aim to balance the exclusive rights of creators, inventors and owners against the broader needs of society to have benefits from creations, designs and inventions
- different types of Intellectual property and which legislation provides protections and rights for each type
- kinds of protection provided under copyright or other Intellectual property laws, the limitations of that protection (e.g. time limited) and the different practical and business processes involved in securing protection under the law (e.g. whether registration is required or not)
- obligations of end-users as set out under law, and as imposed by industry conventions and practices, which determine how a designer might make use of another’s design work or creation
- way in which actual practices and methods used by designers (e.g. ‘appropriation’) can also be in tension with legal requirements or contractual obligations, and can raise legal risks for the designer or their employer
- way in which the rights set out in copyright and intellectual property legislation can be altered by contractual business arrangements (e.g. commissioning contracts) and how these can determine how a design or works are accessed and used in the design process, or who owns a finished work.
The following organisations provide a good starting point for exploring copyright and intellectual property concepts for artists and designers:
-
ArtsLaw provide information and general advice for artists and designers, offering various resources including
information sheets on a wide range of topics. These are written by professional legal advisers and cover a wide range of legal issues (not just copyright but also other important legal issues such as defamation).
-
IP Australia (https://www.ipaustralia.gov.au/) is the Australian federal government agency that administers intellectual property rights and legislation relating to patents, trademarks, designs and plant breeders’ rights. The IP Australia website includes searchable registers for existing trademarks and registered designs, as well as a range of information and advisory resources aimed at industry professionals and educators.
- The
Australian Copyright Council (ACC) specialises in the provision of a range of advice and information resources specifically about copyright law. The ACC’s information sheets provide a good starting point for exploring copyright issues. Search topics via the ACC website’s
Find and Answer facility.
- The
National Association for the Visual Arts (NAVA) has an Information Hub for members, providing a wide variety of resources to assist educators and professionals in the visual arts sector. In addition to a specific set of information sheets covering copyright, designs and intellectual property, NAVA’s resources for artists and designers include other relevant topics such as business skills (contracts and agreements), organising public exhibitions and working with Indigenous art. Note that accessing the detailed resources on the NAVA site may require students or teachers to set up a member account with NAVA (see also the
Terms and Conditions for use).
Teachers assisting students to understand copyright and other legal obligations in their work
The educational allowances within the Copyright Act permit students and teachers with broad scope to use ‘third-party’ copyright content (all manner of works created recorded or written by others) in the context of giving and receiving educational instruction. This extends to use of third-party copyright works in a student’s work undertaken as part of a course and destined for assessment.
However, where students will be using their coursework for purposes beyond assessment (e.g. inclusion in a personal/professional portfolio ‘post-school’, or submission to external competitions or exhibitions) teachers will need to assist students to understand the legal implications of this shift from the classroom to more public forums and uses.
Teachers should not attempt to provide legal advice to students. In some cases, students may need to consult with an independent legal professional about their design work, depending on what that work entails and their intended purpose for it, aside from coursework and assessment.
For information and advice about how to manage copyright in the classroom context as a part of the teaching and learning process, teachers should access the information and
guidelines provided by the National Copyright Unit (responsible for copyright policy and administration for the Australian schools and TAFE sectors) on their
Smartcopying website. They should also seek specific advice from the relevant school sector Copyright Advisers as indicated at that site (Contacts section).
Though aimed primarily at educators and teachers, students may also find the Smartcopying site informative as a reference for what they may do in class when using third-party copyright materials in the development of their own body of design work.
For students seeking to submit their designs for exhibition in the VCAA’s Top Designs exhibition, detailed copyright guidelines are available on the main
Season of Excellence webpage.
Teachers should work through these guidelines with the participating students and may seek further clarification on copyright issues relevant to the Top Designs submission and exhibition, directly from the VCAA, according to the contact details provided in the guidelines.
The following websites provide up-to-date information on copyright, intellectual property and moral rights:
Business Victoria Copyright information
A full reference for
Copyright in the graphic design industry, including
moral rights.