Copyright, Access and Use Conditions - NQHeritage

Terms and Conditions

  1. These terms and conditions form the basis upon which you the User may use any of the Works contained within the NQHeritage website including:
    1. downloading the Works from the NQHeritage website;
    2. copying or reproducing Works in any material form;
    3. publishing the Works;
    4. communicating the Works to the public (including online and through broadcasting); and
    5. making an adaptation of the Works.
  2. If you use any of the Works for any purpose, you accept these terms and conditions and agree to use the works in accordance with these terms and conditions.
  3. If you do not accept these terms and conditions, then do not use any of the Works.
  4. Unless otherwise noted, the Works may not be used for any commercial purpose without written permission from the JCU Library.
  5. The Works must not be mounted on another server for public or commercial access without written permission from the JCU Library. Links may be made from other sites to the home page of the NQ Heritage site without requesting permission
  6. Works to which copyright no longer applies may be freely used provided the JCU Library and the creator are acknowledged (see 8 below); however, the JCU Library does not endorse any inappropriate or derogatory use.
  7. Where a Work is in-copyright, you must obtain written permission from the JCU Library before using the Work in any manner or for any purpose, unless your use falls within:
    1. one of the fair use exceptions in the Copyright Act 1968 (Cth), such as research or study; or
    2. if the Work is subject to a Creative Commons licence, the permissions provided under the applicable Creative Commons (CC) licence.
    3. The JCU Library's permission is needed because a copyright owner may have allowed the JCU Library to put a copy of the Work on the NQHeritage website but not allowed the JCU Library to authorise uses beyond research or study or uses permitted under the applicable CC licence.

  8. Without limiting paragraph 7 above, should you wish to publish in-copyright Works you will need to declare your intention to the JCU Library as custodian of the Work.  It is your responsibility to obtain any copyright clearance from the copyright holder(s).
  9. Also provide an accompanying citation which acknowledges the JCU Library as custodian, and includes:

    Name of the library in full

    Full collection name

    Collection reference number: ID number, Series number

    Description of item, including Creator if known and date

    Examples:

    James Cook University Library, North Queensland Photographic Collection, NQID 863, Creator: Frederic Charles Hall, 1902-1909.

    James Cook University Library, Bowen Downs Archive, BD/1 1885, Diary, Creator: Sydney Parkinson, 1885.

  10. Your acceptance of, and agreement to, these terms and conditions does not constitute an assignment or sale to you of any of the Works nor of any copyright in those Works.
  11. James Cook University, or where applicable the copyright owner in a particular Work, will continue to own or have rights to use the Works.
    1. Notwithstanding the access category which may be applied to the Works or any permission provided by James Cook University with respect to the Works, James Cook University makes no representations and gives no warranties of any type with respect to the Works.
    2. James Cook University does not warrant that your use of the Works will not infringe upon the rights of any third party. You should carry out your own investigations as to third party rights before using the Works in any way.
    3. The Works are made available by James Cook University on the NQ Heritage website on an “as is” basis.

Access Rights

The following access categories may apply to Works contained within the NQHeritage website:

Open Access

These Works are available to be used by the public for non-commercial purposes.  You may print or download these digitised Works and use them for non-commercial purposes.

Creative Commons Licence

Outlines how you may use the Work only in accordance with the terms of the Creative Commons Licence which applies to the Work which may include restrictions upon the type of use (e.g. share, commercial or non-commercial, etc.) and also obligations with respect to the use (e.g., attribution, non-derivatives, etc.)

Restricted Access

Some Works may have access restrictions placed on them by their owners. If there are copyright or other restrictions placed upon Works, then only authorised users have access. 

When you see the lock icon on a Work this means it is restricted.  To enquire about access to such items send an email to specialcollections@jcu.edu.au

Copyright Generally

Copyright is a legal right that gives copyright owners in works the right to control certain activities with respect to the works. These activities include copying and, depending on the type of work, publication, performance, adaptation and communicating the work to the public (for example, by making it available online). If you are not the owner of copyright, you risk infringing copyright if you perform one of the exclusive acts without obtaining the permission of the copyright owner. Copyright must therefore be considered when you obtain or create copies of works from the James Cook University (JCU) Library collections.

The JCU Library maintains a number of special collections containing rare and unique works. Often these collections contain a mix of published and unpublished work which means that the copyright status varies.

Under the Australian Copyright Act 1968 (Cth), the duration of copyright in literary, dramatic, musical and artistic works generally runs from the date of creation and ends 70 years after the death of the creator, or (for sound recordings and films) for a period of 70 years commencing on the date of publication.  For unpublished works, the duration may be even longer.

In order to facilitate access, copying and publishing, donors of rare and unique works are asked to enter into an agreement with JCU which sets out agreed conditions under which a JCU Library patron may, for example, make copies for research or study, or publish an extract in a book. JCU Library staff refer to these agreements when determining how you may use works in a particular collection.

Copyright Infringement Notification

We have made reasonable efforts to ensure that the works included in NQHeritage either are free of copyright or that copyright permissions have been obtained.  

If you believe that the inclusion of a work in NQHeritage constitutes copyright infringement or a breach of an agreed license or contract, please complete the Copyright Claim web form. This form is designed for you to provide sufficient information for our investigation and response.

Definitions

"Images" include without limitation photographs, drawings, paintings, engravings, diagrams, maps or plans and all digital images and any related textual information (including captions and credits).

"User", "you" or "your" mean you as the user of the Works.

“Works” means the works contained within the NQHeritage website and includes text and images.