Asset Publisher

Intellectual Property Policy


1. Policy statement

The Minister for Education owns intellectual property created by employees in the course of their employment. 

2. Policy rules

Employees must:

  • safeguard the Department's intellectual property;
  • ensure their legal obligations are fulfilled when using third party intellectual property; and
  • comply with the Intellectual Property Procedures.

3. Responsibility for implementation and compliance

Implementation of the policy is the responsibility of line managers.

Compliance monitoring is the responsibility of the Manager, E-Schooling.

4. Scope

This policy applies to all employees.

6. Definitions

Protects the original expression of ideas in a material form, for example, original works of art, scripts, books, reports, information sheets, music, films, broadcasts and computer programs.  Copyright protects only the material expression of ideas not the ideas themselves.

Copyright protection is provided automatically when a work is created and no registration is required.  Copyright covers:

  • literary, dramatic and musical works;
  • artistic works, including logos, architectural designs, maps etc;
  • sound recordings;
  • films, DVD and VCR footage, podcasts, webinairs and broadcasts;
  • photographs; and
  • published editions of literary, dramatic, musical, and artistic works.

A person who is currently employed by the Department of Education under the School Education Act 1999 or the Public Sector Management Act 1994.

The umbrella term given to a range of legal and moral rights that come into being with the creation of literary and artistic creations, scientific and industrial works, and discoveries, and covers copyright, patents, industrial designs, trademarks, and plant breeding rights.  Intellectual property rights can be dealt with like any other form of property (such as land and goods), that is, they can be bought, sold, and leased (licensed).

The International Standard Serial Number (ISSN) is a unique code for the identification of serial publications, for example, the Department of Education’s Annual report.

The International Standard Book Number (ISBN) is a 13-digit number that uniquely identifies books and book-like products published internationally.

Separate from copyright, moral rights are associated with an author's creativity and personality, as opposed to the 'economic' rights already protected under the Copyright Act 1968.  Moral rights are only held by individuals as authors of their work.  Unlike the economic rights of a copyright owner, moral rights are not transferable by assignment, by will or by operation of law.

In relation to a child, means a person who at law has responsibility for the long-term care, welfare and development of the child; or the day-to-day care, welfare and development of the child.

A licence provided by legislation.  It enables a school to copy limited amounts of material for the purposes of a course of education provided by it.  Copyright Agency Limited and Screenrights administer these statutory licences for schools.

The Schools Catalogue Information Service (SCIS) is a national cataloguing service for Australian, New Zealand and international schools.  The SCIS number uniquely identifies a product for cataloguing in schools.  Each record has complete cataloguing details including abridged and full Dewey Decimal Classification numbers and SCIS subject headings.  For books, the description will typically include:

  • title
  • author/editor/illustrator
  • ISBN
  • publisher
  • place and date of publication
  • a brief physical description.

Refer to words, phrases or logos (or a combination of these) that are used to identify the trade source of goods or services of an organisation.  Depending on the circumstances, trademark rights may also extend to sounds, smells, shapes, or aspects of packaging such as colour.

Intellectual property that either generates, or has the potential to generate, income or improved business reputation for the Department of Education.

A licence which is not provided by legislation, but is purchased by the Department for example the Australasian Mechanical Copyright Owners' Society (AMCOS) licence that enables the copying of print music and the Australasian Performing Right Association (APRA) licence enabling the performance of copyright musical works in schools. 

The output of a writer, artist, or musician considered or collected as a whole which can include, but is not limited to, the following categories:

  • literary works;
  • artistic works;
  • musical works; and
  • dramatic works.

7. Related documents

9. History of changes

Effective date Last update date Policy version no.
11 June 2014 1.0
Endorsed by the Director General at Corporate Executive meeting 2 May 2014.
11 June 2014 25 January 2015 1.1
Contact email updated D15/0027727
11 June 2014 6 October 2015 1.2
Compliance monitoring role and contact information updated. D15/0326946

10. More information

This policy:

Download policy PDFIntellectual Property Policy v1.2

Supporting procedures:

Download Procedures PDFIntellectual Property Procedures

Policy and all supporting documents:

Download Policy Bundle ZIPIntellectual Property Policy Bundle

Policy review date

11 June 2017

Policy last updated

6 October 2015