3.3.) Infringement of copyright

When I set up my web page I used several pictures and text written and formatted by myself. The text as it was produced by myself does not constitute any violation of copyright. Different is the situation in respect of the pictures.

The first picture is are three painted bananas loaded down from the net. Furthermore I used a photographed salad prepared on a dish. A cartoon figure from Joe Bartons web page tutorial and a painted can of motor oil. All also downloaded from the web.

There are two laws which have to reviewed in respect of violation of copyright and eventually compensation of damage. The first one is the copyright regulation itself.

With the bananas, the salad, and the motoroil can no copyright note was attached. It might still be possible to claim copyright but the note would be required in order to sue for any damage compensation.

With Joe Bartons cartoon cook the situation is different. There is a copyright notice attached to the tutorial as such not only copyright is violated but even a damage compensation might be claimed.

In this case the fair use condition has to be checked also. This is made up of the following conditions:

1. Purpose of use non-profit educational or commercial
2. Nature of the copyright
3. % of violation
4. Reduction in market value of copyright.

As purpose was non profit, the % of violation was minor (only small part of tutorial), and the market value of the tutorial is probably only little reduced by the use of the cartoon no damage might be assumed.

Nevertheless to avoid any doubts we are going to remove Joe’s chef immediately and replace him through a German chef, who will be cheaper in a law suit.

Furthermore by resizing and only using parts of the picture the original copyright law might have been taken out of effect.


When a student is using the Curtin university logo the situation taking Curtin’s copyright and intellectual property policy into account would be as follows.

1.) The Curtin university logo is a design which can be protect as intellectual property by the design act 1906.
2.) The design has been created by astaff member or by an external party, e.g. a web designer, as a commissioned work for Curtin University.
3.) Curtin claims the intellectual property of such work as clearly stated in the copyright and intellectual property guidelines of Curtin University.
4.) Both staff and students are requested to respect these guideline and not to use Curtin University intellectual property. (This might not refer to scientific work cited in the normal way, but to work used for commercial purposes or purposes extending any scientific use).
5.) The option for the student in order to get permission of using the Curtin University logo would be to apply to the intellectual property committee.
6.) If the student does not get permission upfront Curtin University might take disciplinary action, sue the student for damage resulting from intellectual property infringement and additional might get an legal order forcing the student to restrain the student from further use of the logo.