Comprehensive Report on Copyright Policies for Brilliantfood Company

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This report examines the intricacies of copyright law and its practical application within the context of Brilliantfood. It begins with an overview of copyright legislation, including relevant acts and amendments in Australia, and explains the concept of intellectual property. The report then analyzes three key areas covered by copyright: website policy, computer software, and illustrations/images/artworks, detailing the existing policies of Brilliantfood and offering recommendations for improvements. These recommendations address compliance, statutory guidelines, staff obligations, and procedural changes for both existing and new staff, as well as management, to ensure adherence to copyright regulations. The report emphasizes the importance of transparent communication, clear policy guidelines, and appropriate training to mitigate copyright infringement risks and protect the company's intellectual property.
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PART A – INTELLECTUAL PROPERTY AND COPYRIGHT
Intellectual Property and Copyright
Copyright Australia
Purpose
The Copyright Act regulates the legal protection extended to the owner in relation to
their original literacy, dramatic, musical and artistic works, and subject matter other than
works.
Process
Copyright protection is free and automatic from the time a work is first written down
or recorded in some way. There is no application for copyright in Australia, and there is no
system of registration, nor are there any forms to fill in, or fees to be paid.
Intellectual Property Laws Legislation and Amendments
The legislation of Intellectual Property provides the legislative basis for the patent,
trade mark, design and plant breeder’s rights system of Australia. It includes provisions for
administering the patent, trademarks, designs and plant breeder’s right offices including the
powers and functions. Establishing and maintaining the patents, trademarks, design and
plant varieties registers. Making and processing applications for granting standard or
innovation patents, granting plant breeder’s rights and registering trademarks and designs.
Prescribing the means to take infringement proceedings to protect and enforce rights in
patents.
The Intellectual Property Law Amendment Act amended the Patents Act, Trade mark
Act, Design Act and Plant Breeder’s Right Act in order to improve Australia’s Intellectual
property legislation like implement the protocol amending the World Trade Organization
Agreement, extend the jurisdiction of the Federal Circuit court to include plant breeder’s
rights matters, allow for a single trans-Tasman patent attorney regime and single patent
application, make minor administrative changes to the Patents, Trademarks and Design acts
to repeal unnecessary document and make minor technical amendments to the Patents Act
to correct oversights in the drafting of the Intellectual Property Laws Amendment Act.
Copyright Laws Legislation and Amendments
The federal legislation of Copyright is a legal right of the creator to protects the use
of their work once the idea has been physically expressed. It protects the form of expression
of ideas rather than the ideas, information or concepts expressed and it applies throughout
Australia. Copyright protects literary works, computer programs, artistic works, dramatic
works, musical works, cinematograph films, sound recordings, broadcasts and published
editions.
The Copyright Amendment has been regularly amended since 1968 to bring it up to
date with evolving technologies and concerns. In addition, the Copyright act also deals with
performers’ right and the moral rights of the creators. The act implements a number of
amendments supported by both creators and users of copyright content. This amendments
will simplify the statutory licences for education, extend the exception for exams to online
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exams, simplify and update the provisions that enable libraries and other collecting
institutions to make preservation copies of material in their collections such as manuscripts,
introduce a fixed term of protection for unpublished works that are currently covered by
copyright indefinitely and simplify and update the provisions that allow the making of
accessible format versions for people with disabilities.
An Introduction to Copyright in Australia
An Introduction to Copyright in Australia can be used to organisation because this is
an important information sheet that gives every person a general idea or introductory
information about what copyright law really means. It is also a list of detailed practical
guides that gives further information about copyright law and how it applies in business.
This sheet of information listed things that can be protected by copyright, whereas
for the business that I am working on, it helps to honour the creation of the creator. It is
important that everyone knows the importance of Copyright not only to protect the
business but also to prevent some intruder to copy the other’s work without any
permission.
3 Areas Covered by Copyright Legislation
1. Brilliantfood Website
Policy and Application of Policy
The material contained on this website is protected by copyright. You may use this
website only for your personal and non-commercial purposes. Except to the extent
permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store,
publish or distribute the material on this website, or create any other material using
material on this website without obtaining the prior written consent of Brilliantfood.
You are authorised to view the Brilliantfood website and its contents using the web
browser or, where expressly invited to do so, to share certain content on social media. You
must not otherwise reproduce, transmit (including broadcast), communicate, adapt,
distribute, sell, modify or publish or otherwise use any of the material on the Brilliantfood.
By using copyright policy at work, day to day, authorisation of using the website
without any changes or doing something else with a work that damages the creator’s
reputation or is offensive to the creator. If ever, changes are a must, approval and review of
articles that needs to post in website is a must.
2. Brilliantfood Computer Software or Programs
Policy and Application of Policy
Brilliantfood is committed to ensuring full compliance with the law in relation to
Software Copyright. Brilliantfood will under no circumstances tolerate unauthorised copying
of software will be liable to disciplinary or legal action. Under copyright law, all published
materials accompanying software such as documentation, and software user interface are
covered by law.
To qualify, user needs to demonstrate that they have use their skills and labour to
create the software without copying someone else work. All published materials
accompanying software must not be outside the work.
By using copyright policy at work, day to day, as a general rule, software cannot be
copy, reproduce and cannot be use outside the workplace. The author of every software
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must be registered to employer’s name. Any printed paper, print out articles, video or
digital form cannot be use outside of work. If ever, needs to use any of the print out,
software, printed articles must obtain permission to the employer.
3. Brilliantfood Illustration, Images and Artworks
Policy and Application of Policy
Brilliantfood creates their own illustration, artworks, images that they used on their
website, company truck, publishing articles, flyers and other print outs and digital images.
Under copyright law, no reproduction may be made of any of the artworks from website or
computer files for personal use for any reason without approval of the employer.
By using copyright policy at work, day to day, Under Copyright Law it is fair use to
reproduce the illustration, images and artworks with the approval of the employer if ever
the illustration, images and artworks will be use in website, illustration for the company and
for the sake of using it inside the company.
EXISTING COPYRIGHT POLICY AND RECOMMENDED CHANGES
i. EXISTING STAFF
Existing Copyright Policy
ILLUSTRATION, IMAGES AND ARTWORKS
All Brilliantfood staff are responsible for ensuring that any copyright content use in
website, artworks and illustrations meets the copyright policy. Under copyright law, all
Brilliantfood staff can access copyright images, artworks and illustrations provided and
permissible by the employer to use for company’s purposes. Under copyright law, no
reproduction may be made of any of the artworks from website, or computer files for
personal use for any reason without approval of the employer.
Recommended Changes to Copyright Policy
1. Compliance
All staff must be aware of, and comply with copyright policy, obligations as
established under the copyright policy of Brilliantfood, in all activities undertaken in
connection with Brilliantfood.
All staff must comply with copyright legislation and regulations in every endeavour.
Failure to comply is unacceptable and Brilliantfood will investigate allegations and impose
penalties for copyright infringement by staff. Disciplinary proceedings, including termination
or expulsion, may be initiated against those responsible.
All staff, must ensure necessary permission or obtained approval before using
illustration, images and artwork. Copyright records should be recorded and keep.
2. Statutory
Under these copyright policy, artworks, images and illustrations can be use only
inside the company’s premises and can only be use by company’s project, website and
marketing. Anyone involved in the production, reproduction of the said materials must be
familiar with the obligations and rules under the statutory, including copying limits,
restriction of use and requirement upon using the images, artworks and illustrations.
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3. Obligations
No staff may reproduce or copy any copyrighted images, artwork, and illustration in
print in violation of copyright policy. Copyrighted works include, but are not limited to:
printed illustration, articles, images and website artworks.
Brilliantfood holds a copyright policy which enables employees to reproduce or copy
if Employer’s permission has been approved to reproduce copyrighted works outside the
premisses.
4. Procedure
a. Be Transparent, hold a staff meeting to communicate policy updates.
b. All policies should be short and easily to understand.
c. All policies should be set out in clear and plain English
d. Post new workplace policies in common areas where employees can easily see them.
e. Hand out hardcopies of new policies in the form of memos or updates employees
handbooks.
f. Provide training when necessary.
g. Place a copy of the sign off in your employee’s personal files so there is documentation
showing that the workplace policy has been communicated.
ii. NEW STAFF
Copyright Policy
1. Compliance
All staff must be aware of, and comply with copyright policy, obligations as
established under the copyright policy of Brilliantfood, in all activities undertaken in
connection with Brilliantfood.
All staff must comply with copyright legislation and regulations in every endeavour.
Failure to comply is unacceptable and Brilliantfood will investigate allegations and impose
penalties for copyright infringement by staff. Disciplinary proceedings, including termination
or expulsion, may be initiated against those responsible.
All staff, must ensure necessary permission or obtained approval before using
illustration, images and artwork. Copyright records should be recorded and keep.
2. Statutory
Under these copyright policy, artworks, images and illustrations can be use only
inside the company’s premises and can only be use by company’s project, website and
marketing. Anyone involved in the production, reproduction of the said materials must be
familiar with the obligations and rules under the statutory, including copying limits,
restriction of use and requirement upon using the images, artworks and illustrations.
3. Obligations
No staff may reproduce or copy any copyrighted images, artwork, and illustration in
print in violation of copyright policy. Copyrighted works include, but are not limited to:
printed illustration, articles, images and website artworks.
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Brilliantfood holds a copyright policy which enables employees to reproduce or copy
if Employer’s permission has been approved to reproduce copyrighted works outside the
premisses.
4. Procedure
a. Provide the New Copyright Policy of Brilliantfood.
b. All policies should be short and easily to understand.
c. All policies should be set out in clear and plain English
d. Post new workplace policies in common areas where employees can easily see them.
e. Hand out hardcopies of new policies in the form of memos or updates employees
handbooks.
f. Provide training when necessary.
g. Place a copy of the sign off in your employee’s personal files so there is documentation
showing that the workplace policy has been communicated.
*The new staff does not need to know the old Copyright Policy of Brilliantfood and they
should only guide, instruct, explain and provide about the new Copyright Policy of
Brilliantfood.
iii. Management
Existing Copyright Policy
ILLUSTRATION, IMAGES AND ARTWORKS
All Brilliantfood staff are responsible for ensuring that any copyright content use in
website, artworks and illustrations meets the copyright policy. Under copyright law, all
Brilliantfood staff can access copyright images, artworks and illustrations provided and
permissible by the employer to use for company’s purposes. Under copyright law, no
reproduction may be made of any of the artworks from website, or computer files for
personal use for any reason without approval of the employer.
Recommended Changes to Copyright Policy
1. Compliance
Management must be aware of, and comply with copyright policy, obligations as
established under the copyright policy of Brilliantfood, in all activities undertaken in
connection with Brilliantfood.
Management must comply with copyright legislation and regulations in every
endeavour. Failure to comply is unacceptable and Brilliantfood will investigate allegations
and impose penalties for copyright infringement by staff. Disciplinary proceedings, including
termination or expulsion, may be initiated against those responsible.
Management must ensure necessary permission or obtained approval before using
illustration, images and artwork. Copyright records should be recorded and keep.
2. Statutory
Under these copyright policy, artworks, images and illustrations can be use only
inside the company’s premises and can only be use by company’s project, website and
marketing. Anyone involved in the production, reproduction of the said materials must be
familiar with the obligations and rules under the statutory, including copying limits,
restriction of use and requirement upon using the images, artworks and illustrations.
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3. Obligations
Management may not reproduce or copy any copyrighted images, artwork, and
illustration in print in violation of copyright policy. Copyrighted works include, but are not
limited to: printed illustration, articles, images and website artworks.
Brilliantfood holds a copyright policy which enables employees to reproduce or copy
if Employer’s permission has been approved to reproduce copyrighted works outside the
premisses.
4. Procedure
a. Management is responsible for copyright policy of Brilliantfood, its either new policy or
revised policy.
b. Advising the management on copyright agreements and policy. Review of the
Recommended changes to policy before implementing the recommended changes to
Existing Staff and New Staff.
c. Management involved in the planning, development and delivery and assessment of
recommended changes to copyright policy are to ensure the compliance before
implementation.
d. Management must maintain the implementation of information, provide training and
disseminating the information to the Staff.
e. Management must document and record all the information, process and procedure.
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PART B – PRIVACY
WOOLWORTHS GROUP
Woolworths is Australia’s largest supermarket chain. Operating 995 stores across
Australia, Woolworths relies on the 115,000 team members in stores, distribution centres
and support offices to provide our customers with superior service, range, value and
convenience.
Woolworths prides itself on working closely with Australian growers and farmers to ensure
the best products are available to customers. Sourcing 96% of all fresh fruit and vegetables
and 100% of fresh meat from Australian farmers and growers. This makes Woolworths
Australia’s Fresh Food People.1
SUMMARY OF PRIVACY POLICY
Woolworths Group (Including Woolworths Group Limited and its related bodies
corporate) is committed to comply their privacy policy is aimed at their Woolworths
customers. The privacy laws of Woolworths Group range or extent to its businesses and
which set out standards for the management of personal information of customers, staff,
suppliers, and its management. The policy outlines the personal information management
practices. The Woolworths Group privacy policy is located in website and Woolworths
Human Resources.2
INFORMATION PRIVACY
Qantas hold the information in a combination of hard copy and electronic files. They
use third party information system providers who may store or have access to the personal
information. When the passenger book flights or access the information, a secure server is
used. Secure Socket Layer (SSL) encrypts the information that the customer sends through
the website.
No data transmission over the internet or website can be guaranteed to be secure
from intrusion. However, Qantas maintain physical, electronic and procedural safeguards to
protect the personal information in accordance with data protection legislative
requirements and industry standards.3
Customer have the rights to access their information or data of Bunnings. In some
cases, Bunnings also share the information with their parent company Wesfarmers and third
parties to facilitate the provision of products and services, marketing, advertising,
promotion services providers, credit reporting agencies and other credit providers to assist
in assessing any application, law enforcement agencies, government agencies and other
person disclosed to the customer at the time the relevant personal information is collected.4
PROCEDURES OF ACCESSING THE INFORMATION AND CHANGE OF INFORMATION
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Woolworths access to personal information, they will provide you with access to any
of the personal information that they hold except in limited circumstances recognised by
law. If someone wants to access the personal information or have an enquiry they need to
contact Woolworths Privacy Officer at privacy@woolworths.com.au or by calling them 1300
908 631.
Alternatively, customer can write to Woolworths at:
Privacy Officer
Woolworths Group Limited
PO Box 8000
Baulkham Hills NSW 2153
Before Woolworths will provide to access the information, they may require some proof of
identity. They may charge a reasonable fee for giving access to the information if they
request requires substantial effort on Woolworths part.
Correction of Information or change of information, same procedure will be done. They
need to contact Privacy Officer at one of the above contact points.5
AUSTRALIAN PRIVACY PRINCIPLES6
PRINCIPLE TITLE PURPOSE
APP1
Open and Transparent
management of personal
information
Ensures that APP entities manage
personal information in an open and
transparent way. This includes having
a clearly expressed and up to date
APP privacy policy.
APP2
Anonymity and pseudonymity Requires APP entities to give
individuals the options of not
identifying themselves, or of using
pseudonym. Limited exceptions
apply.
APP5 Notification of the collection of
personal information
Outlines when and in what
circumstances an APP entity that
collects personal information must
tell an individual about certain
matters.
APP6 Use or disclosure of personal
information
Outlines the circumstances in which
an APP entity may use or disclose
personal information that it holds.
APP7 Direct marketing An organisation may only use or
disclose personal information for
direct marketing purposes if certain
conditions are met.
APP11 Security of Personal information An APP entity must take reasonable
steps to protect personal information
it holds from misuse, interference
and loss, and from unauthorised
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access, modification or disclosure. An
entity has obligations to destroy or de
identity personal information in
certain circumstances.
APP12 Access to personal information Outlines an APP entity obligations
when an individual request to be
given access to personal information
held about them by the entity. This
includes a requirement to provide
access unless a specific exception
applies.
APP13 Correction of personal
information
Outlines an APP entity’s obligations in
relation to correcting the personal
information it holds about
individuals.
SHORT FALL BETWEEN ORGANISATION POLICY AND APPs
PRINCIPLE TITLE PURPOSE
APP3 Collection of solicited personal
information
Outlines when an APP entity can
collect personal information that is
solicited. It applies higher standards
to the collection of sensitive
information.
APP4 Dealing with unsolicited personal
information
Outlines how APP entities must deal
with unsolicited personal
information.
APP8 Cross-border disclosure of
personal information
Outlines the steps an APP entity must
take to protect personal information
before it is disclosed overseas.
APP10 Quality of Personal information An APP entity must take reasonable
steps to ensure the personal
information it collect is accurate, up
to date and complete.
APP13 Correction of personal
information
Outlines an APP entity’s obligations in
relation to correcting the personal
information it holds about
individuals.
AREAS WITHIN POLICY THAT EXCEED THE REQUIREMENTS OF THE APP
PRINCIPLE PURPOSE EXPLANATION
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APP1
Ensures that APP entities manage
personal information in an open
and transparent way. This
includes having a clearly
expressed and up to date APP
privacy policy.
The privacy policy of Woolworths
ensures that APP entities manage the
personal information in an open and
transparent way. The policy is clearly
express and up to date APP privacy,
effective February 15, 2021 to make
them even clearer and easier to read
and to better explain areas that they
think it is relevant to the customers.
RECOMMENDATION
An APP entity must take reasonable steps to ensure the quality of personal
information at the time of the information collected is accurate. Personal information is
very sensitive and needs to be confidential. More strict steps are required if the information
is collected. Implementation of internal training or practices on how to collect personal
information and where to stored it securely by using encrypted codes. The procedure and
systems to audit, monitor, identify and correct poor quality personal information including
training of the staff. To help assess whether personal information is up-to-date and ensuring
updated information is promptly added to relevant existing records. Providing individuals to
update their information with a simple means of reviewing and updating their personal
information on an on-going basis or time to time through sending them email, to remind
them that they need to update their information.
1. Woolworths Group Limited 2021, Woolworths Group, Viewed 26th January 2021,
<https://www.woolworthsgroup.com.au/page/about-us/our-brands/supermarkets/
Woolworths>
2. Our Code of Conduct, Woolworths Group, Viewed 27th January 2021,
<https://www.woolworthsgroup.com.au/icms_docs/183764_Code_of_Conduct.pdf>
3. Privacy and Security 2019, Qantas, Viewed 27th January 2021,
<https://www.qantas.com/au/en/support/privacy-and-security.html#how-we-hold-
information-and-keep-it-secure>
4. Privacy Policy 2020, Bunnings, Viewed 28th January 2021,
<https://www.bunnings.com.au/trade/privacy-policy>
5. Woolworths Group Privacy Policy January 2018, Woolworths Group, Viewed 31st
January 2021, <https://www.woolworths.com.au/shop/discover/about-us/privacy-
policy>
6. Australian Privacy Principles quick reference, Australian Government, Viewed 31st
January 2021,
https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-
principles-quick-reference/
DISTRIBUTION OF POLICY
Methods for distributing new policy to stakeholders relies on the selection of the
right tools and methods. To distribute new policy to stakeholders is to set up a meeting
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for all the stakeholders, so you can hand out the new policy, explained and also you can
also ask their feedback straight away to them about the new policy. If ever they can’t
attend the meeting, while doing the meeting with the stakeholders, there’s video
conferencing going on also so that you can also ask their feedback. The other method is
conference calls and email.
To ensure that recommendations become part of normal business practice, review
and monitor regularly. Factor in reviews as part of the planning process is to assess
progress of implementation at critical milestones. Resources to establish a method for
collecting and maintaining data, conducting the reviews and evaluations and engaging
them will need to be addressed in the implementation plan. The methods that you can
do to monitor and review is to observe the staff, talking to the people, assessing their
practices and measuring their before and after change. You can also ask for their
feedback.
To review work practices including scheduling review meetings is to ensure that
system security meets the policy requirements are initiation, review and report. During
the initiation, the schedule of review meeting like date, time and location needs to set
up. You can also schedule some assessment for review of practices. All you need to do is
to minutes the review meeting, manage to document everything in the meeting and
work progress for the review of work practices, corrective and preventive actions for
those work that is failed.
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PART C – ETHICS
QANTAS
Founded in Queensland outback in 1920, Qantas has grown to be Australia’s largest
domestic and international airline. Registered originally as the Queensland and Northern
Territory Aerial Services Limited (Qantas). Qantas is widely regarded as the world’s leading
long-distance airline and one of the strongest brands in Australia. We’ve built a reputation
for excellence in safety, operational reliability, engineering and maintenance and customer
service.
The Qantas Group’s main business is the transportation of customers using two
complementary airline brands – Qantas and Jetstar. Our airline brands operate regional,
domestic and international services. The Group’s broad portfolio of subsidiary businesses
ranges from Qantas Freight Enterprises to Qantas Frequent Flyer. 1
CODE OF ETHICS2
The Non-Negotiable Business Principles
1. We are committed to safety as our first priority;
2. We comply with laws and regulations;
3. We treat people with respect;
4. We act with honesty and integrity, upholding ethical standards;
5. We are committed to true and fair financial reporting;
6. We are committed to environmental sustainability;
7. We have a responsibility to safeguard the Qantas Group’s reputation, brands,
property, assets and information; and
8. We proactively manage risk.
COVER OF CODE OF ETHICS
The Principles are the foundation for our Group Policies. A supporting mandatory
training program ensures that the Principles and Group Policies are understood and
consistently applied in the business. Qantas are committed to complying with all applicable
laws and regulations and conducting business with the highest level of ethics and integrity.
This obligation applies particularly to dealings with shareholders, customers, suppliers,
competitors, governments, regulators, each other and all other stakeholders.
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