Our Policies

Copyright Policy

FDCW is responsible for managing its assets, including its intellectual assets, in a way that maximises their contribution to the goals of the organisation. Subject to these responsibilities, FDCW is committed to the widest possible dissemination of its ideas and programmes where these may assist others.

The purpose of this policy is to clarify the status of material subject to copyright used by FDCW.

Production of Copyright Material

Material created by FDCW’s employees and contractors in the course of their employment, irrespective of whether it is created using FDCW’s facilities or materials, or during working hours, will belong to FDCW. What constitutes ‘the course of employment’ will be determined by role description and duties.

A contract may vary the default position of when copyright belongs to FDCW. The employment contract overrides the default position that exists at law. Employees and contractors may be required to sign additional documents vesting or assigning copyright to FDCW where that material was created by the employee or contractor using FDCW’s resources and during paid hours. An example of this is if they are required to engage in a project or duties that are outside of their normal employment duties.

If any material was created using FDCW’s resources, or during paid hours, then the onus is on the employee or contractor to demonstrate that it was not created in the course of employment. Where any uncertainty exists, employees and contractors must discuss this with the Executive Director (ED).

Work by independent contractors and volunteers is owned in accordance with the written contract under which the work was created. FDCW will ensure that there is a written contract for work by an independent contractor or volunteer specifying ownership. At law, unless a written contract specifies otherwise, then independent contractors and volunteers will own copyright in everything that they create.

Any dispute between FDCW and its employees, contractors or volunteers on issues of copyright ownership will be determined by dispute resolution procedures, subject to the judgement of any court or tribunal.

Copyright Notice

FDCW employees, contractors and volunteers should ensure that FDCW publications (including any books, handouts, workbooks, learning logs, newsletters, brochures, forms, reports and computer software) contains the following statement: ©FDCW [Year of creation of material]. This statement should not be included in normal business letters, emails, invoices, or receipts.

Use of Copyright Material

FDCW employees, contractors and volunteers must observe all applicable copyright laws and regulations.

FDCW employees, contractors and volunteers may use copyright material belonging to or licensed to FDCW only for the purposes of their work for FDCW. Where the material is used by FDCW under licence, employees, contractors and volunteers must act in accordance with that licence.

FDCW employees, contractors and volunteers may not reproduce, publish, distribute or adapt third party copyright material in the course of their work for FDCW without the authorisation of the copyright owner.

Staff, contractors and volunteers may not download or reproduce text, photos or illustrations without authorisation of the copyright owner. This includes for use in internal or external newsletters, reports or presentations. All non-generic images and illustration should be sourced from, and with the consent of the creator. Generic images may be obtained from a stock image supplier.

When reproducing or using third party copyright material, it cannot be assumed that just because something is on the internet that it is free for everybody to copy and use. This includes images on Facebook or photo sharing websites. Acknowledgement of source of the material does not overcome the need for authorisation; actual authorisation is still required.

The ED is required to institute procedures that will ensure that all uses of third party copyright materials are recorded, and that all compensable uses of copyright material are appropriately processed.

Copyright on FDCW Materials

All materials produced by or on behalf of FDCW are subject to copyright. Permission to reproduce such materials depends on the category into which they fall:

materials that are copyright and can’t be reproduced other than for the purposes of and subject to the provisions of the Copyright Act and any licensing agreement
materials that are copyright and can be circulated and/or reproduced as long as any reproduction features specified credits and disclaimers
materials that are copyright and that may be reproduced without conditions
materials that are not copyright

The copyright policies of FDCW are binding on all employees and contractors whether paid or voluntary. FDCW’s copyright policies, as amended from time to time, are part of the conditions of employment of every employee and contractor and will be included in the induction material given to every volunteer.

Moral Rights

Where it is reasonable to do so, FDCW employees, contractors and volunteers should ensure that:

When reproducing any written material, photo or illustration, the creator should be acknowledged when it is appropriate. It is appropriate to acknowledge the author of a report or article in a newsletter. It is not appropriate to acknowledge the creator of a marketing brochure or promotional flyer, or where it is desirable that correspondence be sent out in the name of the ED or a Board member
When reproducing any written material, photo or illustration, a person should not be falsely attributed as the creator unless it is reasonable to do so. For example, some correspondence may need to go out in the name of the ED or Trustee even though it was written by somebody else

Responsibilities

It is the responsibility of the ED to ensure that:

Employees, trustees, volunteers and contractors are aware and have ownership of this policy
Any breaches of this policy coming to the attention of the ED are dealt with appropriately