The Open Access Procedure mandates that University researchers make digital copies of their research outputs openly accessible in the University Open Access Repository (OAR).
College of Arts, Law and Education (CALE) non-traditional research outputs often have multiple creators and layers of copyright. Permission needs to be sought, and a licence obtained, from all creators/ copyright owners to enable the NTRO to be made accessible in the OAR.
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The University NTRO publication categories are outlined in the table below.
In order for research outputs to be eligible as original creative works, the researcher must be the creator of the creative work, rather than, for example, the curator of an exhibition of creative works produced by others.
Types
| Visual art work | Such as a fine arts and crafts work, diagram, map, photographic image, sculpture or installation etc. |
| Design/architectural work | Realised, constructed, fabricated or unrealised building and design projects. |
| Textual work | Written research outputs that are not eligible for submission as traditional research outputs, such as novels, art reviews, exhibition catalogues and catalogue entries, scholarly editions and scholarly translations. |
| Other | Original creative works that do not fit the other research outputs types including music composition. |
The research component is contained within the recording/rendering. Simple documentation of live performances of creative works without a research component are not eligible.
Types
| Audio/visual recording | Research outputs presented in an audio-visual format, such as films, documentaries or audio-visual presentations. |
| Performance | Performances (in music, dance, theatre, etc.) created specifically for a recorded medium. |
| Inter-arts | Recorded/rendered creative works, often experimental, produced in association with other researchers in other disciplinary fields. |
| Digital creative work | Digital creative works, including creative 3D models, digital outputs of architectural and design projects, computer programs, games and visual artworks. |
| Website/ Web based exhibition |
These are eligible as recorded/rendered creative works if the eligible researcher is the creator of the creative works featured in the website. Curated web-based exhibitions of the creative work of others must be submitted as curated or produced substantial public exhibitions and events. |
| Other | Other recorded/rendered creative works not listed above including sound production and orchestration. |
Public exhibitions and events research output type aims to capture research undertaken by producers and curators. To be eligible, the exhibition and events must be substantial in nature. Exhibition catalogues are submitted as original creative works, in the ‘textual work’ subcategory.
Multiple exhibitions or repeated events are only considered as multiple research outputs where the repeated exhibitions/events introduce a new research component and make new contributions to the field. For example, a touring exhibition can count only once.
Types
| Web based exhibition | The curation and/or production of an internet website presenting a collection of creative works where the internet is the medium of the exhibited works. |
| Exhibition/Event | The curation and/or production of creative works exhibited in a recognised gallery, museum or similar venue, in order to show new works or a different arrangement of works. |
| Festival | The curation of a festival bringing together innovative work or existing works in an innovative format or through a theme that provides new perspectives and/or experiences. |
| Other | Curated or substantial public exhibitions and events that do not fit into the above sub-categories of the curated or produced substantial public exhibitions and events research output type |
Actual public performance of a creative work. A digital recording of the live performance, or part thereof, must be available via the institution’s digital repository.
Types
| Music | Performance of a new work or a demonstrably new or innovative interpretation or production of an existing work. |
| Play | Performance of a new work or a demonstrably new or innovative interpretation or production of an existing work. |
| Dance | Performance of a new work or a demonstrably new or innovative interpretation or production of an existing work. |
| Other | Other performance of creative works not listed above. New work or demonstrably new or innovative interpretation or production of an existing work. |
This category refers to a report based on original research undertaken on a systematic basis to increase the stock of knowledge in the areas of government and non-government policy and practice, which has been commissioned or solicited by:
The types of works that may not meet this criteria include:
Note, if the report is to be made publicly available at a date later than the authored date that it was submitted to the commissioning body, the year of publication will be the date that it is made publicly available.
Reports must be publicly available. Sub-categories of research report for an external body are as follows:
Type
| Public sector | A research report undertaken for an Australian, state, territory, local, foreign or international government body or organisation. |
| Industry | A research report undertaken for a company, industry organization, industry peak body, or an employer/employee association. |
| Not-for-profit | A research report undertaken for a body or organisation operating in the not-for-profit sector. |
| Other | A research report undertaken for an organisation not covered by the above sub-categories. |
Evidence of excellence for reports includes:
A number of individual creative works do not in themselves constitute significant research but the portfolio of creative works constitutes research as a whole.
Creative and Performing Arts outputs that do not individually have significant research components but when collected together have coherent research content can be grouped into a portfolio of works addressing a particular research theme by the same author.
Examples of this may include:
Each output in a portfolio must be uploaded individually to WARP and categorized in the Other Creative Work (L) category (Section 6.7). They then need to be grouped together into a portfolio. In order to submit a portfolio of creative works please consult with your College’s Publication Officer.
Demonstrates evidence of Impact and Engagement, can be listed on WARP but does not receive ERA recognition. These outputs do not need to meet the requirement of independent judgement by peers or research excellence.
| Minor Written or Recorded Work | This refers to a relatively brief or small scale creative or scholarly works bound separately or as a part of a collection of works. |
| Minor Catalogue Work | Minor catalogue work for an exhibition or performance, usually in the form of a catalogue essay or program notes. |
| Representation of Original Art | This refers to artworks that either have been published previously or alone do not met the research component requirements. These outputs are defined as part of the on-going activities of an industry professional and contribute to an active professional profile. |
| Acquisition | The acquisition of artworks by a permanent public art collection with a national or international reputation. |
| Performance as Professional Practice | Creative and Performing Arts outputs that do not have a research component can be recorded under this category. These outputs are defined as part of the on-going activities of an industry professional and contribute to an active professional profile |
| Other Exhibition | Exhibition that does not meet or provide evidence of research excellence. |
| Broadcast | Televised or radio performance of a creative work. |
| Revision/New Edition | An output that has been substantially revised but the substantive research findings have not changed. No new knowledge is articulated. |
| Repeat Exhibition/Performance | Repeat of a K1, K3, K5 or L6 An output that has been repeated, this may take the form or a touring exhibition or performance where content and repertoire is remains the same. This may also include iterative outputs where no new contribution is made. |
Digital non-traditional research outputs (NTROs) uploaded to WARP often contain multiple layers of copyright.
For example
Copyright owners can include: co-creators, other artists, photographers, film makers, broadcasters, curators and exhibition/ performance spaces, creative designers, publishers, performers, musicians, audience members and writers.
When you upload your NTRO research output digital assets (RODA) to WARP, Library Services will undertake an assessment of copyright implications.
A RODA can only be made openly accessible if no third party (person or organisation) copyright is infringed.
For a RODA to be made OA in the Open Access Repository (OAR):
For ERA reportable creative works, the University OA procedure mandates a "digital representation of the original work" is openly accessible in the Open Access Repository (OAR).
A "digital representation" is not necessarily the published version (i.e: exhibition catalogue, third party recording or video taken in a private space that includes multiple performers/ artists or members of the public ).
You may be able to upload a RODA specifically created to meet the OA procedure mandate which, represents the creative work but, does not require the number of copyright owners' licences as the published version.
Read more about the University OA Procedure Q&As
This CALE Creative Work & Design Copyright guide is designed as a quick reference point for identifying the copyright properties for various art object types and identifying permission required to copy and communicate openly.
For further information contact the University Copyright Officer
The University of Tasmania Copyright management website provides general information to manage research copyright, including obtaining permission from copyright owners.
Due to their complex nature, NTROs containing multiple copyright owned materials, require a higher level of copyright management to mitigate the risk of copyright infringement when they are digitised and published openly in the OAR.
The Copyright Tools & Risk table below, provides further information to assist CALE researchers obtain permission from copyright owners. For further information and advice, please contact the University Copyright Officer
| Copyright tool | Risk level | Explanation |
| Sample CALE permission letter | medium risk | Personal correspondence. Letter includes legal terminology but relies on the copyright owner declaration being correct. Standard method researchers use to approach potential copyright owners. There is risk that the responder is unaware of third party copyright material in their work and they are providing a declaration and licence for materials they do not own. |
| Licence to Digitise and Publish | low risk |
Formal plain-English licence, which provides the copyright owner with detailed information about the licence and declaration they are signing. Not witnessed and signed by all parties. |
| Licence Deed to Digitise and Publish | very low - no risk |
Formal Legal deed agreement between the University and copyright owner. A deed has the least risk to the University as is completely binding. Please contact the University Copyright Officer. or University Legal Officer to discuss and obtain. |
If you can't find the answer to your copyright question, please contact the University Copyright Officer
Yes, Unless the image was taken by you, a current UTAS staff member or was a commissioned work, you do need to obtain the photographer's licence to digitise and publish the image.
The digital assets deposited in the OAR are copyright assessed and only made publicly accessible if the appropriate licence is obtained. Open records in the OAR are accessible under the University of Tasmania license and can only be used for educational purposes with attribution, and the original creator/s retain copyright. Example OAR record https://eprints.utas.edu.au/17112/
Yes, you do need to obtain permission and a license, unless your work is being exhibited in a UTAS exhibition space.
If the digital images include another creator's work you will need to obtain their permission and licence to reproduce the digital image in the OAR.
Regardless of who owns the Exhibition space, any digital images which include images of people require consent under Privacy legislation. See the University Legal website for further information and to download the Guidelines - Personal Information Consent Form
Yes, you do need to get the copyright owner's permission to make the program or an extract of the program freely accessible in OAR. Note that the program may involve multiple copyright owners, artists, gallery owner, the creative designer of the publication and the publisher/printer.
Everything on the internet that is not restricted or subject to a click through agreement, can technically be accessed and reused. Providing a copyright statement and license on the digital asset is a legal deterrent.
The Arts Law Centre of Australia provides advice on protecting your work on the internet
Images of creative works
Music
Film
Source: Arts Law Centre of Australia, https://www.artslaw.com.au/legal/raw-law/protecting-your-work-online/#:~:text=Protecting%20your%20work,disable%20right%2Dclick
Contact the University Copyright Officer
