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Copyright
Notice to copyright owners
Copyright owners are advised that their copyright material may be being held in ‘dark repositories’, i.e. in repositories to which access is strictly limited, for the purposes of the Excellence in Research for Australia (ERA) initiative.
To enable appropriate evaluation of research outputs, ERA reviewers require access to, and use of, certain research outputs (such as journal articles) and related material (such as reviews of live performances).
Acting under section 183(1) of the Copyright Act 1968 (Cth), the Commonwealth of Australia, as represented by the Australian Research Council (ARC), has authorised each institution participating in ERA, and will authorise each non-Commonwealth ERA reviewer, to do acts comprised in the copyright of relevant material for the purposes of ERA. As a result, authorised institutions and ERA reviewers may make all uses of relevant material that are necessary or convenient to enable their participation in ERA. The authorisation is strictly limited to institutions’ and non-Commonwealth ERA reviewers’ participation in ERA and will not extend to uses done for any purpose unrelated to participation in ERA.
The ARC, representing the Commonwealth, will remunerate copyright owners in relation to use of copyright material for ERA purposes by authorised institutions, ARC employees and contractors and ERA reviewers. The ARC welcomes approaches from copyright owners seeking to agree terms of remuneration for authorised institutions’ and/or ERA reviewers’ and/or ARC employees’ and contractors’ uses of their copyright that have been necessary or convenient to enable participation in ERA. The ARC will advise authorised institutions, ARC contractors and ERA reviewers to direct any copyright owners who approach them in respect of the negotiation of terms to contact the ARC, which is the relevant point of contact.
In the unlikely event that terms purporting to be remuneration terms are agreed between an authorised institution or non-Commonwealth ERA reviewer and a copyright owner for use of the copyright material for ERA purposes in circumstances covered by a section 183(1) ERA authorisation, the Copyright Act provides that these terms are inoperative unless approved by the Commonwealth Attorney-General (section 183(6)). The ARC is the first point of contact for any copyright owner wishing to seek the Commonwealth’s Attorney-General’s approval of proposed terms.
