ACT Online portfolio and APS code of conduct

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sjd

Member
26 October 2019
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Are government employees that link to work online (LinkedIn, Slideshare etc) breaching the APS code of conduct in the use of Government IP and possible infringements under s36 and s38 of the Copyright Act?

I was recently told publishing graphic design examples to my online portfolio would be doing this. I am wondering how it is different to written portfolios and links on social media.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Are government employees that link to work online (LinkedIn, Slideshare etc) breaching the APS code of conduct in the use of Government IP and possible infringements under s36 and s38 of the Copyright Act?

I was recently told publishing graphic design examples to my online portfolio would be doing this. I am wondering how it is different to written portfolios and links on social media.
Quite likely in breach, yes.
Remember, even if it's your own work, any literary or artistic work you create as an employee, vests in the employer.
That's equally true of public servants.

Creating infringing copies (such as by uploading, or file sharing) is unlawful in itself.

Further, uploading/ publishing content on those platforms
almost always involves ceding copyright in (or, at least, licensing) the image to the platform operator
(or, in your case, purporting to do so).
That can certainly be a dealing in terms of section 38.

Take you stuff down, and stay out of trouble.