Copyright Q&A

Questions and Answers for the Public - October 2011

What is happening?

In April 2011, the Office of the Information Commissioner released a Knowledge Update indicating that Councils should no longer be providing access to information which is subject to copyright, without having the copyright owner’s written consent to do so. The OIC advises in the Knowledge Update that this position follows the receipt of legal advice obtained by the OIC. The OIC’s position is consistent with Council’s understanding of the law.

What is copyright?

Copyright is basically a protection for any original work. This can include for example books, articles, drawings, art, music etc. The protection means that only the copyright owner is allowed to copy the work, and not anyone else, unless they have the copyright owner’s consent, or there is an implied licence to use the work.

What information does Council hold that is protected by copyright?

Mostly information submitted with a development application (DA), including for example, plans, statement of environmental effects, submissions from members of the public; and all other reports submitted with a DA, such as a bushfire assessment report, flora and fauna report, geotechnical report etc.

What impact does copyright have on my ability to access information from Council?

Council is required to make certain information, including information about development applications publicly available in accordance with the Government Information (Public Access) Act 2009. Council can allow you to inspect this information, however cannot give you a copy of the information unless you have the copyright owner’s written consent.

How do I get the copyright owner’s written consent?

Council will give you the details of the copyright owner for information that you have requested. You will then need to contact the copyright owner to obtain their written consent. Council has prepared a doc format Copyright Authority Form (154.00 KB), which is also available via Customer Contact. See below for some guidance on how to find a copyright owner.

What happens if the copyright owner no longer exists or if I cannot find the copyright owner?

Council must be satisfied that you have made reasonable efforts to contact the copyright owner. Council’s Public Officer will make a decision on a case by case basis in the event that you have advised Council that the copyright owner no longer exists or if you cannot locate the copyright owner. You will need to place your request for information in writing (Council has an Open Access Application form that you can use); and attach any information you have that outlines what attempts you have made to locate the copyright owner.

What if I am a property owner, can I have access to a copy of the plans of my own home?

No, it is only the copyright owner who can have a copy of their own work. You can however inspect the plans; and contact the copyright owner for written consent to get a copy.

What if I was the owner of the property at the time the development application was lodged, can I have access to a copy of the information submitted with the development application?

No, it is only the copyright owner who can have a copy of their own work. You can however inspect the information; and contact the copyright owner for written consent to get a copy.

I have the copyright owner’s consent, how do I now get the information I requested?

Post, fax or personally deliver the copyright consent form, with a covering note of your details and the information you have requested. There are likely to be copying charges involved which will need to be paid before Council can post or otherwise provide you with a copy of the information.

How to find a copyright owner:

  1. Try the contact details that Council has provided to you.
  2. If the copyright owner is a company, do a free company name search on the Australian Securities & Investments Commission (ASIC) website at: http://www.asic.gov.au/ to see if the company is still registered.
  3. If the copyright owner is a business, do a free business name search on the Office of Fair Trading website at: http://www.fairtrading.nsw.gov.au/ to see if the business is still registered.
  4. If the copyright owner is a builder or plumber, do a free licence search on the Office of Fair Trading website at: http://www.fairtrading.nsw.gov.au/ to see if the licence is still current, and the last known licensee’s address.
  5. Once you know that the company, business or builder/plumber is still registered and/or trading, do a Yellow Pages search to see if you can find any current contact details. The Yellow Pages website is http://www.yellowpages.com.au/. You may only find an address, in which case, you will need to write to the copyright owner to seek consent.
  6. A general Google (or any other Internet search tool) search can sometimes be a quick way to find contact details for a copyright owner: www.google.com.au.
  7. Sometimes with a company, it can still be registered; however there can be no current contact information available either via Yellow Pages or a general internet search. In this situation, you can pay for a detailed company search to find out the current address information for a person responsible for the company that may be able to give you consent, such as a Director. See the ASIC website at: http://www.asic.gov.au/ for more information on this type of search.