This is an Australian website subject to Australian law; the principal law covering copyright in Australia is the Copyright Act 1968 as amended by the Copyright Amendment Act 2006. Schedule 6—Exceptions to infringement of copyright, 200AB Use of works and other subject‑matter for certain purposes, has been used as guidance in developing this website. In regard to copyright material the Amendment Act states:
- the use does not conflict with a normal exploitation of the work or other subject‑matter;
-
the use does not unreasonably prejudice the legitimate interests of the owner of the copyright;
While this site can comply with the first two requirements it cannot comply with the requirement 'the use is covered by subsection (2), (3) or (4)' which is the final requirement.
However, while I have not used material that I have not been able to source from more that one reference there is the possibility that I may have used copyright material inadvertently. An example of this is reproduction of the 4C's in gemstone grading, it is almost impossible to easily identify the original source of this information and I will not waste time looking for it; copyright claimants should refer to 'NOTE TO COPYRIGHT OWNERS'.
As the first two clauses are those most likely to impact in a negative manner on the rights of the copyright holder they are the ones I have most closely observed. They are used as the yardstick as to how material is used:
-
the material must already be in the public domain;
-
the owner of the copyright material must be displayed if copyright can clearly be identified;
-
if the owner of the copyright has an easily located contact address permission must be sought before the material is used;
-
links to the source material must be provided with the duplicated material;
-
use of the material must benefit the copyright holder e.g. increased visibility of the main product that the copyright material was used to market such as a book;
-
the material must not be the substantial work being marketed for the financial benefit of the copyright holder;
-
the material must immediately be removed upon the request of the copyright holder when the claimant can clearly prove their claim of ownership; and
-
material may be used where it is duplicated in many areas of written or electronic work such that there is no ability to indentify valid copyright.
This site is not a commercial site; the minimal amount of revenue from advertising, along with not inconsiderable personal funds and time, is returned to the improvement of the website. I do not claim non-profit status as it requires a very significant investment to do so however the site for all intents and purposes is non-profit and is developed and maintained for the benefit of the hobby.
NOTE TO COPYRIGHT OWNERS
I may have chosen in certain cases to use copyright material without permission simply because I would rather put the time into developing and improving this website than chasing sometimes difficult to locate copyright holder contact details. If you object to the use of your copyright material on this site then I will immediately remove it from the website where copyright ownership can be clearly substantiated.
Please assume thought that I have applied a reasonable decision process that led me to believe that you would be more likely to benefit from the display of your material on this site and that I have not claimed credit for the material nor have I sought to benefit financially other than to defray the costs associated with the website. Also that your material is being used for the purpose of educating/ entertaining our readership particularly for the benefit of our younger generations.
A sensibly worded, non-emotive, and non-offensive request is appreciated if you require material removed.
This is an Australian website subject to Australian law; the principal law covering copyright in Australia is the Copyright Act 1968 as amended by the Copyright Amendment Act 2006. Schedule 6—Exceptions to infringement of copyright, 200AB Use of works and other subject‑matter for certain purposes, has been used as guidance in developing this website. In regard to copyright material the Amendment Act states:
- the use does not conflict with a normal exploitation of the work or other subject‑matter;
-
the use does not unreasonably prejudice the legitimate interests of the owner of the copyright;
While this site can comply with the first two requirements it cannot comply with the requirement 'the use is covered by subsection (2), (3) or (4)' which is the final requirement.
However, while I have not used material that I have not been able to source from more that one reference there is the possibility that I may have used copyright material inadvertently. An example of this is reproduction of the 4C's in gemstone grading, it is almost impossible to easily identify the original source of this information and I will not waste time looking for it; copyright claimants should refer to 'NOTE TO COPYRIGHT OWNERS'.
As the first two clauses are those most likely to impact in a negative manner on the rights of the copyright holder they are the ones I have most closely observed. They are used as the yardstick as to how material is used:
-
the material must already be in the public domain;
-
the owner of the copyright material must be displayed if copyright can clearly be identified;
-
if the owner of the copyright has an easily located contact address permission must be sought before the material is used;
-
links to the source material must be provided with the duplicated material;
-
use of the material must benefit the copyright holder e.g. increased visibility of the main product that the copyright material was used to market such as a book;
-
the material must not be the substantial work being marketed for the financial benefit of the copyright holder;
-
the material must immediately be removed upon the request of the copyright holder when the claimant can clearly prove their claim of ownership; and
-
material may be used where it is duplicated in many areas of written or electronic work such that there is no ability to indentify valid copyright.
This site is not a commercial site; the minimal amount of revenue from advertising, along with not inconsiderable personal funds and time, is returned to the improvement of the website. I do not claim non-profit status as it requires a very significant investment to do so however the site for all intents and purposes is non-profit and is developed and maintained for the benefit of the hobby.
NOTE TO COPYRIGHT OWNERS
I may have chosen in certain cases to use copyright material without permission simply because I would rather put the time into developing and improving this website than chasing sometimes difficult to locate copyright holder contact details. If you object to the use of your copyright material on this site then I will immediately remove it from the website where copyright ownership can be clearly substantiated.
Please assume thought that I have applied a reasonable decision process that led me to believe that you would be more likely to benefit from the display of your material on this site and that I have not claimed credit for the material nor have I sought to benefit financially other than to defray the costs associated with the website. Also that your material is being used for the purpose of educating/ entertaining our readership particularly for the benefit of our younger generations.
A sensibly worded, non-emotive, and non-offensive request is appreciated if you require material removed.