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Brisbane School of Distance Education Arts Faculty
1. National Copyright Unit
www.smartcopying.edu.au
1
20th April 2023
Brisbane School of
Distance Education – Arts
Faculty
https://smartcopying.edu.au/creative-commons-oer/
National Copyright Unit
Alison Davis and Holly Cordell
2. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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3. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
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www.smartcopying.edu.au
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions
4. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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5. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Outline
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1. Smartcopying Tips
2. Creative Commons
3. Statutory Licences and Education Exceptions
4. Seeking Permission
5. Labelling and Attribution
6. Q & A
7. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
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• Use Creative Commons (CC) licensed content and consider
licensing your resources under CC.
• Link – link or embed material whenever possible.
• Label – always attribute the source.
• Limit – ensure access to material is limited to the relevant
staff/students only.
• Clear out material that is no longer required.
9. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au 9
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons ?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
is a set of free licences for creators to use when making their work available to the public. All CC
licences permit educational uses of a work. You can freely copy, share and sometimes modify and
remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0
10. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
What are the different CC
licences?
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Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.
11. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
What are the different CC
licences?
11
Licence Type Licence Conditions
Attribution Non Commercial Freely use, copy, adapt and distribute for non-
commercial purposes. The copyright owner must be
attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the
original work for non-commercial purposes. The
copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-
commercial purposes provided the new work is
licensed under the same terms as the original work.
The copyright owner must be attributed.
12. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Where do I find CC licensed
materials?
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There are many sources of CC licensed materials. For example:
• Openverse - an open-source search engine that searches CC licensed and public
domain content from dozens of different sources.
• Openphoto - a moderated photo community with over 3000 CC licensed photos in
different categories.
• Queensland Curriculum & Assessment Authority (QCAA) OER database - has over 300
records of different openly licensed resources (eg journals, textbooks, multimedia).
• filmmusic.io – lets you search for CC licensed music and filter by genre.
• YouTube – lets you filter for CC licensed videos on the results page.
• You can filter for CC licensed material on Google and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
13. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
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One condition of all CC licences is attribution.
When attributing remember TASL:
T: Title
A: Author
S: Source
L: Licence
Always check whether the creator has specified a
particular attribution. "Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
15. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
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• Schools can copy and communicate text works (eg poems, short stories, journal
articles, books) for educational purposes, provided the amount does not
unreasonably prejudice the legitimate interests of the copyright owner.
o The 10% or one chapter rule is still a useful guide in making this
assessment for resources that are still commercially available.
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/
• Schools can also copy and communicate whole artistic works (eg photos, maps,
diagrams).
• It is best practice to include the following notice on material copied and
communicate under the statutory licence:
‘This material has been copied [and communicated to you] in accordance with the
statutory licence in section 113P of the Copyright Act. Any further reproduction or
communication of this material by you may be the subject of copyright protection
under the Act. Do not remove this notice.’
16. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
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Schools can rely on the Statutory Broadcast Licence to:
• copy television and radio broadcasts from free-to-air television and radio,
for educational purposes
• upload the copy broadcasts to the school’s digital teaching environment
provided access is limited (eg on a school intranet via password protected
access).
• When you upload a broadcast to a password protected DTE, it is best
practice to include the following notice:
‘This material has been copied [and communicated to you] in accordance with
the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of
copyright protection under the Act. Do not remove this notice.’
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
Radio Tower by Unknown Author is licensed under CC BY-SA
17. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Education exceptions
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Schools may also be able to rely on copyright exceptions set out
in the Copyright Act:
- Performing and communicating in class
- Flexible dealing
- Exam copying
- Disability Access Exceptions
smartcopying.edu.au/guidelines/copyright-basics/copyright-exceptions/
19. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Seeking permission
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Schools only need to seek the copyright owner’s permission when:
• they are not able to rely on a statutory or voluntary
licence or exception to use material in the way they intend (eg if
uploading resource to a public school website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
• figure out who the copyright owner is
• write/email them to seek permission.
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/
20. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au 20
https://smartcopying.edu.au/labelling-and-attributing/
Attributing material used with
permission
Best practice attribution of material where you have permission to use a third party work:
1. As a resource on its own/in a resource you created
Reproduced and made available for copying and communication by [insert name of Administering
Body/School] for [its] educational purposes with the permission of [name copyright owner].
2. If permission is limited to use in the specific resource (ie no further copying or communicating
is permitted)
Reproduced and made available for copying and communication by [insert name of Administering
Body/School] for [its] educational purposes with the permission of [name copyright owner] (for use in
this publication only).
22. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
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Labelling teaching materials correctly ensures:
• copyright owners get paid when their content is copied under
the statutory licences
• schools do not have to pay to use content they own or have
permission to use.
Material that has been created by you, your school or an educational
body should be clearly labelled.
https://smartcopying.edu.au/labelling-and-attributing/
25. 20th April 2023
National Copyright Unit
www.smartcopying.edu.au
More information
25
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855
Editor's Notes
Speaking notes:
- Acknowledgement of Country (NSW DoE template):
‘I acknowledge that I’m meeting with you today from the lands of the Whadjuk Noongar people. I also acknowledge the Traditional Custodians of the various lands on which you all work today and pay respect to Elders past and present & emerging and extend that respect to other Aboriginal people joining us today.’
Before we get into the Q&A, we wanted to outline some of the copyright topics we know the Arts Faculty is interested in. If you have questions outside these areas, you are also free to ask these at the end.
- You can also put questions in the chat during the presentation. If these are quick answers, Holly can answer on the chat. Otherwise, we can discuss together during the Q&A.
Speaking notes:
Provide quick overview of what rights a copyright owner has and who owns copyright
Link - Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere.
Label All material created and used for educational purposes should be properly attributed. Attributing is important to ensure that we don't pay licence fees for material we already own or are allowed to use – eg school created content. Attribution should include details such as:
the copyright owner (eg the publisher) and/or author
title and publication information if available (eg edition, ISBN)
where the material was sourced from (eg URL if online).
Limit - Once material is communicated to an entire school or jurisdiction, the risk of copyright infringement increases. Collecting societies believe that the value of content increases with the number of people who can access it. Limiting access is important for cost and risk management.
Clear out - Clearing out material as soon as possible when it is no longer required is one practical way of managing copyright risk and costs.
Speaking Note:
Some of the many benefits of Creative Commons materials:
Cheaper: saves money on copyright fees and administrative costs of seeking permission. Education resources can be shared freely online with very low transaction costs.
Collaborative: encourages collaboration and creates communities based on sharing of education resources. Can share resources on public websites and social media.
Adaptable: enables educators to reuse, remix and adapt resources since the copyright owner has already given permission to everyone (eg by translating or using local examples).
Accessible: over 2 billion Creative Commons licensed works.
Speaking Note:
There are over 2 billion CC licensed works across millions of websites and databases.
Openverse does audio and images and does attribution for you.
The QCAA has a great OER database with over 300 records, I’ve had a look at this and found some great resources.
You can find more examples on our Smartcopying website – eg our CC Copyright Hour slides.
If using Google two options
Go directly to the advanced search page: https://www.google.com.au/advanced_search.
After searching for an image on the normal Google Images search, you can filter so that the search results given are only CC images.
If Flickr
Flickr has an entire section on their website dedicated to CC licensed images: https://www.flickr.com/creativecommons/.
When you’re on that section of the website, you can browse images licensed under CC.
However, if you want to search for an image, you have to add a filter for CC licences.
Speaking Note:
Must be password protected
Depending on the type of text and artistic works you wish to use, sometimes it will be preferable to seek permission to use materials rather than rely on the licence. We’ll talk about this in a moment.
It is important to attribute any third party materials you use, we will be speaking about this later in the presentation. We’ll talk more about this later.
Speaking notes:
S28 – show and tell exception, any type of material
s200AB – cannot rely on another exception or licence, need for educational instruction, doesn’t conflict with normal exploitation of the material
Exam copying – any type of material
Disability – organisational disability and fair dealing
- Refer to questions about Youtube
Benefits:
Schools/administering do not pay copyright fees when relying on permissions to use materials (unless they agreed to pay a licence fee).
There is a greater flexibility to the content creator as they can share materials in different ways (eg on public websites).
Speaking note:
In 2019, schools paid over $60 million in copyright fees to Copyright Agency. It is likely that a significant proportion of these fees were paid to copy material owned by schools and educational bodies.
Material that has been created by you, your school or an educational body should be clearly labelled.
Speaking notes: Depends on type of material and how it has been used. Include as much of these details as possible then the basis on which you have copied it eg Copied under s 113P or used with permission. When labelling your own materials, remember to label third party content
We have given examples of these on our labelling and attribution info sheet.
We haven’t discussed music today, but if you have questions on these areas feel free to bring them up in the Q&A coming up.
Questions:
1. Are teachers required to go back historically and adjust documents that don’t to adhere to current copyright requirements? Would an audit require us to do this? There are documents in SharePoint that are not compliant.
2. Is it bad to have a screenshot of google images? I share google images in real time in class but I have some instructional resources that step out how to research for my differentiation etc for some students who need extra guidance.
3. How do art teachers assess if material is protected by copyright? (apart from copyright label and creative commons labels)
4. Where are the terms of use for artworks located on an artist’s website?
5. How do art teachers assess if the use is permitted or not (if terms of use is not easily identifiable?)
6. Is it mandatory or best effort to seek permission to use a YouTube clip?
7. Making recordings of lessons