The document provides information about copyright for educators in schools. It discusses the National Copyright Unit which manages educational copyright licenses and provides copyright advice and education to schools. It also outlines the Statutory Text and Artistic Works License and Statutory Broadcast License that allow schools to copy and communicate certain copyrighted works for educational purposes. The Smartcopying website is introduced as a resource for practical copyright information and guidelines. An agenda for a copyright seminar is also included that will cover topics such as the educational licenses, exceptions, seeking permission, and using open educational resources.
2. Copyright for Educators
10 November 2022
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. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
3
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
5. Copyright for Educators
10 November 2022
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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6. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
6
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Statutory Broadcast Licence
4. Music and Co-curricular Licences
5. Education Exceptions
6. Audiobooks and Remote Learning
7. Seeking Permission and Consents
8. Open Education Resources and Creative
Commons
9. Workshop
10.Smartcopying Tips
8. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
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9. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple TV,
Google Play, Netflix, Stan,
etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
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10. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
10
A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
"Copyright graffiti" by opensourceway is licensed
under CC BY-SA 2.0
11. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Copying Activities Performance Activities Communication
Activities
● scanning
● downloading
● printing
● saving to another device
– USB, hard drive,
mobile phone, tablet
● photocopying
● taking a digital
photo/screenshot
● playing films and music
● singing songs
● playing instruments
● acting out a play
● reading a book or
reciting a poem to a
class
● display or project on an
interactive whiteboard
● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students
11
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
12. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Copyright basics FAQs
12
1. Copyright gives the copyright owner the right to
exclusively do three activities. What are these?
2. Is playing a film to an audience a copyright activity?
3. Is displaying material on an interactive whiteboard a
copyright activity?
13. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
13
Can I use it?
Schools
Music
Licence
15. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
10 November 2022
Statutory Text and Artistic
Works Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/
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16. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au 16
• Schools may copy and communicate text and
artistic works for educational purposes,
provided the amount copied does not
‘unreasonably prejudice the legitimate
interests of the copyright owner’.
• Administering bodies can also rely on this
licence when creating teaching and learning
resources for schools.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.
17. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
17
This licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, websites
• artistic works – paintings, maps, diagrams, photographs, animations
in both hardcopy and electronic form.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
18. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is a copy?
18
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• taking a digital photo/screenshot
• downloading works from a webpage or cloud storage
drive
• saving a copy to another device (eg USB, hard drive,
mobile phone, tablet).
Printer being used by person with paper and
hand illustration by Brother UK is licensed
under CC BY 2.0
19. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is a communication?
19
A communication includes:
• uploading material to a password protected DTE for student access, such as:
o a share drive/intranet (eg Microsoft 365)
o learning management systems (eg Moodle, Blackboard, Brightspace or Equella)
o to a closed class area on an education platform (eg Edmodo, Verso or Google
Classroom)
• emailing.
20. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
How much of a text work can I
copy and communicate?
20
Teachers can copy and communicate text works as long as the amount copied or
communicated “does not unreasonably prejudice the legitimate interests” of the copyright
owner.
• Not a ‘one size fits all’ approach.
• Flexibility – you can copy and communicate the amount you need, where to do so would
cause no harm to the copyright owner.
• The ‘10% or one chapter rule’ is still a useful guide in making this assessment for many text
resources that are still commercially available.
21. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
21
Schools may be able to copy and communicate more of a text work (eg the whole
work) if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.
22. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
How much of an artistic work can I
copy and communicate?
22
Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0
23. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What can schools do under
the Statutory Text and Artistic
Works Licence?
23
Under the Statutory Text and Artistic Works Licence, schools can:
• download a student worksheet from the internet
• copy images to use in a PowerPoint
• photocopy a poem/textbook chapter to hand out in class
• download maps from a website to hand out to students
• copy a chapter of a textbook and upload it to a DTE for students to access
• email a worksheet and PowerPoint to students.
24. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
24
• Link or embed content instead of downloading or communicating –
linking and embedding are not copyright activities.
• Limit access to the minimum required number of students and
staff.
• Delete or archive (ie disable access) to the material once it is no
longer needed.
25. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
25
You should always attribute any material you copy and communicate with as much of the
following as possible:
1. the basis on which material was copied (eg “Copied under s 113P of the Copyright
Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher,
edition or date of publication, ISBN/ISSN or URL]
26. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
26
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]
Warning
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/section-113p-notice/
27. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
27
Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
Currently, the School sector pays nearly $58 million each year for this licence. Of this $58 million, it’s
estimated that over $6 million is from the use of images from the internet.
Some recent examples:
• photographs from Wikipedia pages
• photographs from Pinterest
• a photo of the NRL grand final teams
• a photograph of a bowl of chicken soup
• a Google Images search result for Gozleme.
28. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Which images from the
internet attract a fee?
28
All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed images)
• the copyright in the image has expired and is in the public domain (see How long
does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).
29. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered by the
Statutory Text and Artistic Works
Licence?
29
The Statutory Text and Artistic Works Licence doesn’t permit:
• mass digitisation of books
• mass copying of e-books
• copying of software
• placing content online for anyone to access (eg on Facebook,
YouTube, Instagram, etc).
30. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is not
covered?
30
You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (eg link to it or create your own content inspired
by the original material)
• rely on one of the education exceptions discussed later in this PowerPoint.
31. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence FAQs
31
1. Can I create a digital copy of a textbook by scanning the entire book and
uploading it to my school’s DTE if the book is commercially available in a
digital format?
2. Can I download a worksheet from the internet and use this resource in my
classroom?
3. Can a teacher scan an article from a journal to use in their Science teaching
resource?
4. Can I copy an image from Google Images into a PowerPoint presentation to
show my class?
33. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
33
Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
Schools obtain copies of TV or radio broadcasts from resource centres (eg ClickView or
TV4Education) or by copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for schools. Schools access these copy
broadcasts through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
34. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Using the copy broadcast
34
• The copy broadcast can be in any format (eg DVD, MP4) and you can format shift it as
needed.
• You can use the copy broadcast in the following ways:
o play it in class
o make additional copies as needed (eg download it if the resource centre offers this
option, or copy it to a USB for students)
o communicate the copy broadcast (eg upload a copy to a password protected DTE
or email it).
• No limit to how much you can copy or communicate.
35. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
35
The Statutory Broadcast Licence does not cover:
• online programs from subscription TV/Radio broadcasters
• on-demand content from subscription TV that has not been previously broadcast
(Foxtel On Demand or Kayo Sports)
• television programs from streaming services (Netflix, Stan)
• purchased television programs from Apple TV, Google Play, online or retail stores
• films or DVDs which are bought or rented by the school
• online videos (YouTube, Vimeo, TeachersTube, Edmodo, Khan Academy)
• online games (ABC for Kids).
36. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
36
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Program title, Channel, Date copied]
[Link to warning notice]
Warning
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/section-113p-notice/
37. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
FAQs
37
1. Can I download a TV show from ClickView and then upload this
to my school’s DTE?
2. Can I make a TV program that I recorded from Foxtel On
Demand available for students to access on a DTE?
3. Can I copy a TV program from ClickView even if it is available to
buy from Google Play?
40. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Schools Music Licence
40
• Schools have entered into the Schools Music Licence with the bodies that represent
composers, music publishers and record labels.
• The Schools Music Licence allows schools to use music for a school purpose in a range of
ways.
• All government and most Catholic and independent schools are covered by the School
Music Licence. To check whether your school is covered, contact your local copyright
manager.
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
41. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is a school purpose?
41
A school purpose is anything which the school undertakes as part of its usual activities,
provided it is non-commercial. For example:
• providing educational and religious services for its staff, students and members of the school
community as part of normal school activities
• engaging with members of the school community
• promoting students’ work
• school events.
Note: private music tuition is not a school purpose.
42. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is a school event?
42
School event means an event organised or authorised by the school.
This includes events or functions held at the school or connected with the school but held at a
different venue.
Examples of school events:
• concerts
• presentation nights
• drama or music performances
• assemblies
• sports days or school fêtes.
43. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au 43
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
How can schools use music?
Copy and communicate
sheet music
Perform music Copy and communicate
sound and/or video
recordings of music
• Photocopy sheet music for
the school orchestra.
• Upload sheet music to a
password protected DTE
for teaching purposes in
the classroom.
• Perform at an end of year
assembly as part of the
school band/choir.
• Play a song at a school
dance performance.
• Download a song to play at
a school dance
performance.
• Record a school band/choir
performance and share this
to the school website or
Facebook page).
Examples of what schools can do under the Schools Music Licence:
44. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Sheet music
44
Schools can make as many copies of print or digital sheet music as are reasonably required.
https://smartcopying.edu.au/guidelines/music/
Do re mi
±
The Schools Music Licence covers:
• photocopying hardcopy sheet music
• making digital copies of print sheet music (eg scan to digital format)
• printing copies of digital sheet music
• emailing PDF versions of digital sheet music
• uploading copies of sheet music to a password protected or
restricted access DTE.
45. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Sheet music
45
Schools should mark hardcopy and digital copies of sheet music they make with the words
“AMCOS LICENSED COPY” and the following information:
https://smartcopying.edu.au/guidelines/music/
Do re mi
±
• name of the school
• date copied
• the name of the owner of the original sheet music that was copied (eg
the school or teacher that bought the original).
46. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Limits on copies of sheet
music
46
Under the Schools Music Licence schools:
• can only copy up to three songs from a Grand Right Work (eg words or music that has been
written expressly for an opera, musical play etc)
• can only copy a long choral work (longer than 20 minutes) where the public performance of
the choral work is validly licensed (eg the school has obtained a licence to perform the choral
work)
• cannot make copies of sheet music for students’ private music tuition, even if it takes place
on the educational institution’s premises.
• cannot make copies of sheet music where the lyrics have been changed or the music has
been adapted.
47. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Performing musical works live
47
Schools can perform musical works live for a school purpose at
the school or a function connected with the school’s activities.
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
For example, schools can perform musical works at:
• school concerts and performance evenings (choirs, singing groups, school bands,
orchestra or rock bands)
• music festivals, including music eisteddfods and the NSW Schools Spectacular or
equivalent events in other States and Territories
• school award nights or graduations (eg a school band performing at an awards
night).
48. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Playing sound recordings
48
Schools can play sound recordings for a school purpose at the school or a
function connected with the school’s activities. For example, schools can play
sound recordings at:
• school concerts and performance evenings (eg backing track to a dance
performance)
• music festivals, including music eisteddfods and the NSW Schools
Spectacular or equivalent events in other States and Territories (eg a
soundtrack playing while a choir performs)
• school award nights or graduations (eg playing a popular song as a backing
track at a graduation ceremony).
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
49. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Admission fees
49
Can we charge admission fees for a school performance (eg concerts)?
Schools can charge admission fees to performances of music as long as the proceeds from the
fees mostly go to the school or a registered charity.
"admit one" by wwnorm is marked with CC BY-NC-SA
2.0. Modifications: cropped, recoloured.
Does not include:
• performances by secondary school students of musical
works in a dramatic context where the performance is
advertised/promoted outside the school community
• events where the school is performing musical works or
playing sound recordings for commercial activities.
50. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Live streaming a school event
50
Schools can live stream their school event in real time from the school website, a social media
platform (eg Facebook Live, YouTube) or a video conferencing platform (eg Zoom).
If using social media, the live stream:
• must be from the school’s official social media page on the platform
• may be blocked or muted.
If you are concerned about a live stream or recording being muted or
blocked, contact the NCU.
Alternatively, you may want to consider uploading the recording to your
school website or password protected DTE.
51. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Recording a school event
51
Schools can make a recording (audio and/or video recording) of a school event at which
musical works are performed and sounds recordings are played.
"Recording in
Progress" by byzantiumbooks is marked
with CC BY 2.0. Modifications: cropped,
recorder icon added, resized.
For example, schools can:
• record a school dance performance using a song as a backing track
• record a school orchestra playing a musical work at an end of year
event.
52. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Sharing a recording of a
school event
52
Schools can then:
• upload the recording to the school website
• make a physical copy (eg copy it onto a USB) and distribute it (free or at cost recovery price)
to members of the school community (ie parents/carers/guardians and students)
• upload it the school’s official social media account (note it may be blocked or muted)
• upload it to a password protected area on the school intranet, and make this available to
parents and students
• upload it to an educational app used by the school to communicate with the school
community (eg Schoolbag, Seesaw, but not apps like Snapchat and TikTok).
53. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Incorporating music into
another work
53
Schools can incorporate a sound recording into another, unrelated work, such as a video of a school event
or a PowerPoint presentation.
The school can then:
• upload the recording to the school website, password protected intranet or password protected DTE
• email and/or message the recording to students and parents (the school community)
• upload the recording to an educational app that is being used by the school to communicate with the
school community (ie Schoolbag, Seesaw, Compass and SZapp, but excluding apps like Snapchat and
TikTok).
Note, the school cannot upload this to social media.
54. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling a recording
54
Under the Schools Music Licence, all school event recordings which include music need to
have the following attribution:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
You must also display the following details of each musical work captured in the recording:
• the title
• the composer/arranger
• the artist and recording company (if you are using a backing track).
55. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Music as a school bell
55
Schools can play music as a school bell:
• For non-government schools: under an
exception in the Copyright Act and the
Schools Music Licence.
• For government schools: under a licence
with PPCA and the Schools Music Licence.
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
"Belfry" by kai.griesshammer is licensed under CC BY-NC-
ND 2.0
56. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Music in religious services
56
Schools that are covered by the Schools Music Licence can rely on it when using religious music if:
• the music is covered by the Schools Music Licence
• the service or event is for a school purpose
• the music is being used in a way permitted by the Schools Music Licence.
Examples of activities where schools may use religious music:
• students and staff singing hymns during school assemblies, graduation programmes and seasonal
services
• displaying lyrics on a screen during a school assembly or school religious service
• playing musical works and sound recordings in school religious services, even where held at non-school
venues.
https://smartcopying.edu.au/music-in-religious-services/
58. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Co-curricular Licence
58
Optional licence – your school or Department/administering body can choose to take
up the licence.
Permits schools to play films to teachers, students and parents acting in a
supervisory capacity for the following purposes:
• at school for entertainment purposes (eg at lunchtime on a rainy day)
• on bus excursions, where the school provides the DVD
• at school camps and excursions, including outdoor screenings at camp, where the school
provides the DVD
• at after-school care and holiday programs conducted at and by the school.
59. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Co-curricular Licence
59
• Roadshow Films Pty Ltd
• Walt Disney
• Warner Bros
• Paramount
• Universal International Pictures
• 20th Century Fox
• Sony Pictures Entertainment Inc.
• Icon
• eOne
• StudioCanal (previously Hoyts)
• Palace Films
• Rialto Entertainment
• Madman
• Transmission
• Pinnacle
• Sub labels of these (eg MGM, United
Artists, Dreamworks, Buena Vista,
Columbia, Tristar, Hopscotch, Marvel
and Pixar).
Only covers Roadshow studios and distributors including:
60. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
60
The Co-curricular Licence will not apply where the film is played:
• to the general public
• at a fundraising event for the school
• at school and after school holiday programs conducted by a third party
• at an event advertised or promoted to people other than students and staff of the
school
• where advertising or promotion occurs during the playing of a film.
61. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Music and Co-curricular
Licences FAQs
61
1. Can students sing the song ‘Happy’ in an upcoming school performance?
2. Can the primary school band conductor make 40 copies of sheet music of multiple songs from the musical
Shrek?
3. Can I play a song as the school bell?
4. A year 6 class does a dance performance to the track ‘This is Me’ at the end of year concert.
a) Can a teacher record their performance?
b) Can the teacher upload this to their personal Facebook page?
c) Can a copy of the recording be provided to parents of those students?
5. Can a teacher play a film at lunch time on a rainy day?
63. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
10 November 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
63
64. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating material in
class (s 28)
64
• Section 28 allows schools to perform and communicate material 'in class'
(includes remote students).
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Includes any type of material.
• Must be restricted to staff and students who need material.
65. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Section 28 uses
65
• Reading a story, news article, journal, handbook or other literary work.
• Playing:
o television programs from free to air and pay television
o radio programs from free to air radio and digital radio stations
o television programs from streaming services (eg Netflix, Stan)
o a film in any format (eg DVD or a film from Apple TV, Google Play, etc)
o purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music, Google Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.
66. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
66
Section 28 does not cover communicating or performing a work:
• to the parents of students
• for a fundraising activity
• at a school excursion or camp where there is no teaching involved
• for non-teaching purposes in the school (eg showing a film at lunch on a rainy day,
playing music at school concerts, dances or formals, sports days, fairs, etc).
68. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
68
• Schools commonly rely on this exception to copy audio-visual content (eg
YouTube videos).
• Section 200AB is a flexible exception that allows schools to copy and
communicate content when no other exception or licence applies.
• It only applies in limited circumstances. You must assess your proposed use on
a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.
69. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing guidelines
69
Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction AND
• Educational instruction includes:
o teaching
o preparing to teach
o compiling resources for student homework or research
o doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
• If you can buy the material in the format you need within a reasonable time, or obtain a licence for
your proposed use on reasonable terms, then you must do so.
70. Copyright for Educators
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Flexible dealing guidelines
70
If you meet those three criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made - if you are uploading content to the
school DTE, make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose - if you are
uploading a film to the school DTE for a year nine English class, only make it available to the students in
that class
• only use the amount of material that you need - if you only need to show students an extract of
a film, you won’t be able to rely on the flexible dealing exception to copy the entire film
• only make the material available for the time needed for the course of study - if students need to
access an excerpt of a documentary on the DTE for a course on the Great Depression, archive or
disable access by students to the documentary once it is no longer needed by the students
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.
71. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Common flexible dealing
activities
71
• Copying extracts of videos (eg YouTube) needed for educational instruction.
• Copying an entire video (eg YouTube) for educational instruction when you cannot purchase it.
• Format shifting small extracts of a video when it is needed for educational instruction.
• Format shifting an entire video for educational instruction when you cannot purchase it.
• Preparing an arrangement of a musical work for students to perform in class when you cannot purchase
the arrangement.
• Changing/adapting song lyrics when the changed/adapted lyrics are needed for educational instruction.
• Making translations of works when you cannot purchase the translation and it is needed for educational
instruction.
72. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
YouTube, Apple TV, Google
Play and Netflix
• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state content can
only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances, you may be
able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in breach of
contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• Schools can manage risk by only using content under the exceptions in the Copyright Act. Contact the
NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/ 72
73. Copyright for Educators
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National Copyright Unit
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Smartcopying Tip
73
Link or stream instead of downloading video content
under the flexible dealing exception
• link to or embed content – linking and embedding are
not copyright activities as you are not copying the
content. You are merely providing a pathway to where
they are on another website.
• directly stream content in class.
"File:External-link (CoreUI Icons
v1.0.0).svg" by CoreUI is licensed under CC BY 4.0
75. Copyright for Educators
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Exam copying exception
75
• Teachers and administering bodies are allowed to copy and communicate
copyright material for use in online and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos, etc.
o exams and assessments.
• The exception may cover ‘practice’ exams and assessments, needs to be
considered on a case by case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
77. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
77
The Copyright Act contains two free disability copying exceptions:
1. use of copyright material by organisations assisting persons with a disability
(‘organisational disability exception’) and
2. fair dealing for the purpose of assisting persons with a disability (‘fair dealing
for disability exception’).
78. Copyright for Educators
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Disability access exceptions
78
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.
79. Copyright for Educators
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Disability access exceptions
79
• Under these exceptions, schools/administering bodies are able to:
o create a digital version of a hardcopy book and make any necessary adjustments,
such as the font size or colour, to assist students with vision impairments
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for students with hearing impairments
o convert a book into Easy English
o create audio books for students with vision impairment.
• Both exceptions can be used by schools to assist students with a disability, but
the circumstances in which they apply differ.
80. Copyright for Educators
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Organisational disability
exception
80
• Allows schools/administering bodies to make accessible format copies for
students with a disability if the copyright material is not commercially available
in the format required by the student and with the appropriate features they
require.
• No restriction on the kind of format that can be created under this exception
and could include the copying of a whole text work to a more accessible
format.
81. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Fair dealing for the purpose of
access by persons with a
disability
81
• The fair dealing for disability exception allows teachers/administering bodies
to copy materials for students with a disability provided the use is ‘fair’.
• Common examples of fair dealings include:
o copying short extracts from films or news stories and captioning them
o copying pages from a book and enlarging the font.
82. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
82
Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an
entire copyright work, it’s recommended
that you use the organisational disability
exception provided the material is not
commercially available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.
83. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
83
Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] 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.
85. Copyright for Educators
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www.smartcopying.edu.au
Students fair dealing
85
• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.
86. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Education exception FAQs
86
1. Can I display a few pages of a website on an interactive whiteboard as part of a
classroom activity/discussion?
2. Can I give my students a link to a YouTube clip to watch?
3. Can I format shift a film in DVD to MP4 to put onto our school’s DTE when the
film is available on Google Play?
4. Can I enlarge the font size of a book for a student with reading difficulties?
5. Can I play a movie from ABC iView in my class for educational purposes?
88. Copyright for Educators
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Creating an audiobook
88
1. Is the audiobook available to purchase within a reasonable time in a format
that will suit your school’s educational purposes (eg from Google Play, Apple
Books, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/
89. Copyright for Educators
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Creating an audiobook
89
3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
If you are communicating this audiobook (eg uploading it to a DTE):
• Only use the content you need for the specific educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected online space as soon as
practicable (eg by archiving).
90. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au
Alternatives to creating your
own audiobook
90
You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg Apple Books, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).
91. Copyright for Educators
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Alternatives to creating your
own audiobook
91
3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), the school can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10 copies
of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is cheapest.
92. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au 92
https://smartcopying.edu.au/remote-and-digital-learning-day-to-day-teaching-and-learning/
‘Day to day’ remote and digital
teaching and learning
• Schools are not clearly permitted to use digital technologies to provide remote
teaching and learning support to Australian students in all circumstances.
• There are steps that schools can take to reduce (and in some cases eliminate) the
risk that your school is infringing copyright.
• For more information, see our Remote and Digital Learning information sheet.
94. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Seeking permission
94
Schools only need to seek the copyright owner’s permission when:
• they are not able to rely on a statutory or voluntary
licence or educational use 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/
95. Copyright for Educators
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www.smartcopying.edu.au 95
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
Department/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
Department/Administering Body/School] for [its] educational purposes with the permission of [name
copyright owner] (for use in this publication only).
96. Copyright for Educators
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www.smartcopying.edu.au
Consent from students
96
Consent is required from a student (or their guardian) if a school is using material
created by students and/or using photos or videos of students internally (eg on a
password protected DTE or classroom) or externally (eg on the school website or
social media platforms like Facebook or YouTube):
• in class activities
• in documents, newsletters, displays, journals, professional development materials
used internally or externally
• as part of marketing materials for the school (eg an information booklet, poster or
on the school website).
https://smartcopying.edu.au/guidelines/permissions-and-consents/consent/
98. Copyright for Educators
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www.smartcopying.edu.au 98
Copy and
communicate
Statutory Text
and Artistic
Works Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Display in class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible Dealing
Exception
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works
99. Copyright for Educators
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www.smartcopying.edu.au 99
Copy and
communicate
Statutory
Broadcast
Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in class
Section 28
100. Copyright for Educators
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www.smartcopying.edu.au 100
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Play for non-
educational
purposes
Co-curricular
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing
101. Copyright for Educators
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www.smartcopying.edu.au 101
https://smartcopying.edu.au/guidelines/music/
Music
Music includes
musical works and
sound recordings
Play or
display in
class
Section 28
Perform or
play outside
class
Schools Music
Licence
+
PPCA Licence
OR exception
Live stream
or make
recordings of
a school
event
Schools
Music
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
Copying
Exception
Copy and
communicate
sheet music
Schools
Music
Licence
Use not
covered by
the Schools
Music
Licence
Seek
Permission
103. Copyright for Educators
10 November 2022
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
103
104. Copyright for Educators
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https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students 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
105. Copyright for Educators
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www.smartcopying.edu.au 105
• CC creates a “some rights reserved” model.
• The copyright owner retains copyright
ownership in their work while inviting certain
uses of their work by the public.
• CC licences create choice and options for
the copyright owner.
Creative Commons: How it all
works
CC five years by shizhao is licensed under CC BY 2.0
Modifications: cropped
106. Copyright for Educators
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Benefits for schools
106
Cheaper: saves money on copyright fees and administrative costs of seeking permission. Education resources
can be shared freely online with very low transaction costs.
Equitable: offers equal access to knowledge for everyone and allows for education resources to be adapted
for minorities and those with disabilities.
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).
Safer: free to reuse, remix, redistribute and adapt education resources without running the risk of breaching the
complex copyright rules.
Internet compatible: it is better adapted to the Internet and the freedom which the Internet provides to copy,
distribute, adapt and remix resources.
Accessible: over 2 billion Creative Commons licensed works.
107. Copyright for Educators
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CC licence elements
107
There are 4 licence elements which are mixed to create six CC licences:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
108. Copyright for Educators
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www.smartcopying.edu.au 108
CC licences
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.
109. Copyright for Educators
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www.smartcopying.edu.au 109
CC licences
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.
110. Copyright for Educators
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www.smartcopying.edu.au 110
http://www.smartcopying.edu.au/open-education/creative-commons/quick-guide-to-creative-commons
112. Copyright for Educators
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www.smartcopying.edu.au
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
112
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
114. Copyright for Educators
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openverse one-click
attribution
114
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.
115. Copyright for Educators
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Google – CC search options
115
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for an image on the normal Google Images search, you can filter
so that the search results given are only CC images.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/
116. Copyright for Educators
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Google advanced search
116
Click the settings icon and select advanced search.
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www.smartcopying.edu.au 117
Once you’re in the advanced settings, the usage rights filter is at the very bottom.
118. Copyright for Educators
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Google Images – Filter for CC
images
118
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.
119. Copyright for Educators
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YouTube – Filter for CC videos
119
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.
120. Copyright for Educators
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YouTube – Filter for CC videos
120
121. Copyright for Educators
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Flickr
121
• 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.
122. Copyright for Educators
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Flickr
122
• When you search on Flickr,
the default setting is to return
results with ‘Any licence’.
• This setting has to be
changed to return results only
licensed under Creative
Commons.
124. Copyright for Educators
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filmmusic.io
https://filmmusic.io
• All CC licensed
music.
• Can search by genre.
124
125. Copyright for Educators
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Other places to find CC
material
125
• Images: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-images
• Videos: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-videos
• Music: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-music
• Audiobooks: https://www.smartcopying.edu.au/open-education/open-education-resources/where-
to-find-cc-licensed-material/where-to-find-other-cc-licensed-material
• Other good CC/OER websites with an array of materials: https://www.smartcopying.edu.au/open-
education/open-education-resources/where-to-find-oer-materials
127. Copyright for Educators
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Applying a CC licence to your
learning resources
127
• Schools are encouraged to use CC licensed resources as well as
licence learning resources they create under CC, where possible.
• This is because teachers can do more with CC licensed material and it
is free to access, use, modify and share.
• For more information on how to do this, see
https://smartcopying.edu.au/applying-a-creative-commons-licence/.
128. Copyright for Educators
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Adding a CC licence to
learning resources
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To license a learning resource that you’ve created under CC, all you have to do is:
1. choose your CC licence: https://creativecommons.org/choose/
2. copy the CC Licence icon
3. paste the icon onto the resource along with the attribution information and/or any other
notice you would like to include and
4. include a copyright statement on the resource to reflect the CC licence.
All Creative Commons Licence icons, can be found on the Creative Commons Licence
Chooser website: https://creativecommons.org/choose/.
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Third party content
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• You cannot apply a Creative Commons licence to third party content as you do not
have the rights.
• For all third party content, you must prominently mark or indicate in a notice that
this content is excluded from the Creative Commons licence.
• Learning resources that include third party content cannot go on a public website.
Must be password protected.
https://smartcopying.edu.au/how-to-label-third-party-content-in-creative-commons-licensed-material/
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How to label third party
content
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There is no single correct way to label third party content, and different situations may require
more or less complicated notices and marking.
There are 2 often used mechanisms:
1. A notice next to third party content: this involves marking or notating all third party
content. To do this you should indicate directly underneath the content.
OR
2. A general notice listing all third party content: this involves giving a general notice
that identifies all third party content. This notice would usually be included in your terms of
use or copyright statement for a website or in the verso page or bibliography for a work.
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Attributing CC material
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Teachers can use CC licensed materials as long as
you follow the licence conditions. 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
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Where should I place the
attribution?
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• Text resources (eg books, worksheets, PowerPoint slides etc): next to CC work or
as the footer of the page on which the CC work appears.
• Video works: near the work as it appears on screen during the video.
• Sound recordings (eg podcasts): mention the name of the artist during the
recording (like a radio announcement) and provide full attribution details in text
near the podcast where it is being stored (eg blog, school intranet, learning
management system etc).
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Attributing CC material
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How would you attribute this CC image: https://www.flickr.com/photos/lschlagenhauf/38494602082/?
Furggelen afterglow taken by Lukas Schlagenhauf.
This image can be used under Creative Commons BY ND 2.0 Generic Licence.
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Attributing CC material
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1. Title: Furggelen afterglow
2. Author: Lukas Schlagenhauf – linked to his profile page
3. Source: Furggelen afterglow – linked to original Flickr page
4. Licence: CC BY-ND 2.0 – linked to licence deed
“Furggelen afterglow” by Lukas Schlagenhauf is licensed under CC BY-ND 2.0.
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Useful OER and CC links
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• OER in Australia
• Creative Commons Information Pack for teachers and students
• Where to find CC licensed materials
• Short explainers on CC and OER
• Videos on Creative Commons
• CC Search Browser Extension
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Case Study 1 – Statutory
licences
Kent, a geography teacher, is preparing some teaching resources. He:
1. photocopies material from a textbook to hand out to students in his class
2. uploads a list of website links to his school’s DTE for his students to access
3. scans and uploads an entire novel to the school’s DTE when the novel is commercially available as
an e-book
4. downloads other people's lecture notes, student quizzes and worksheets from the internet
5. downloads a television program from ClickView to show to his class.
Is Kent allowed to do each of the activities? If yes, are there any restrictions on how he can use the
materials (eg consider copying limits, labelling requirements)?
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Case Study 2 – Music and co-
curricular licences
Samantha is a teacher librarian who has been asked by teachers in her school if they are allowed to:
1. live stream a school concert on the school’s website
2. put a video recording of the school concert on a teacher’s personal Facebook page
3. display lyrics at a school assembly where parents are present
4. play music at a school swimming carnival
5. play a film at a school excursion.
What should Samantha tell them? If the activities are allowed, are there any restrictions (eg consider
copying limits, labelling requirements)?
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Case Study 3 – Educational
exceptions
Carol is a school principal who has been asked by teachers in her school if they are allowed to:
1. play an episode of a Netflix documentary series in class for educational purposes
2. format shift a CD into an electronic file (eg MP3) to upload onto the school’s DTE to play to the
class for educational purposes when the MP3 is not commercially available
3. caption videos for students with hearing disabilities
4. copy a clip from a film and provide students access to it for use in an online exam, when the film is
commercially available on Apple TV and
5. make an audio recording of a book which is available to purchase on Audible.
What should Carol tell them? Are these activities covered by an exception? If so, please specify which.
Are there any other restrictions that may limit the application of the copyright exception relied on?
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Case study 4 – Creative
Commons
Issy is a science teacher at a school. She has created a resource for her classes. She wants to license it
under a CC BY licence and wants to know:
1. what she needs to do in order to license it under Creative Commons.
2. can she use a photograph that was released under a CC BY licence in her resource?
3. can she make changes to an illustration that has been licensed under a CC BY ND licence and use it in
her resource?
4. can she use an image that she sourced from the internet (not CC licensed) in her resource?
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Smartcopying tips
Use Creative Commons (CC) licensed content and
consider licensing your resources under CC.
• Material whose owner has given permission for the
material to be used for educational purposes, for free.
• Depending on the licence, it can also be modified and
shared by teachers and students.
Creative Commons - cc stickers by Kristina
Alexanderson is licensed under CC BY 2.0
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Smartcopying tips
Link – link or embed material
whenever possible.
Providing a link is not a copyright activity. You
are not copying the content, just providing a
reference to its location elsewhere.
"Netzwerke" is licensed with CC0 1.0.
Modifications: recoloured.
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Smartcopying tips
Label – always attribute the source.
• 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:
o the copyright owner (eg the publisher) and/or author
o title and publication information if available (eg edition, ISBN)
o where the material was sourced from (eg URL if online).
Price Tag by pngimg.com is licensed
under CC BY-NC. Modifications:
recoloured.
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Smartcopying tips
Limit – ensure access to material is
limited to the relevant staff/students only
• 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. Login Computer Internet Password Security by Max Pixel is
licensed under Creative Commons Zero - CC0.
Modifications: recoloured.
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Smartcopying tips
Clear out material that is no
longer required
Clearing out material as soon as possible
when it is no longer required is one practical
way of managing copyright risk and costs.
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
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Tips for encouraging
copyright compliance
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Schools/administering bodies can do the following to ensure student and staff compliance with copyright
obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any copyright questions.
• Encourage participation in the NCU’s education program – this program includes The NCU Copyright
Hour webinars, full day webinars, Q&A sessions and our online course.
• Ensure teachers and staff are aware of the Smartcopying tips – Link, Label, Limit and Clear out
material when no longer needed.
• Encourage the use of Creative Commons and OER where possible. Have a look at our short
explainers on CC and OER on the Smartcopying website.
• The NCU has developed a series of flowcharts that outline how staff can use third party material in their
learning resources.
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Creating learning resources that include
third party text and artistic works
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https://smartcopying.edu.au/flowcharts/
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The NCU’s education program
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• NCU Copyright Hour webinars – one hour webinars for Australian
school educators, librarians and administrators on specific copyright
topics.
• Copyright Q&A sessions – fortnightly one-hour Q&A sessions for
curriculum and education resource developers.
• Copyright for Educators course – online course for all Australian
school and TAFE teachers and librarians.
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More information
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www.smartcopying.edu.au
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855
Editor's Notes
- Acknowledgement of Country (NSW DoE template):
‘I acknowledge that I’m meeting with you today from the lands of the (INSERT DEPENDING ON LOCATION) 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.’
Explain to participants that we will be answering questions at the end of each section.
Copyright is that it is a bunch of rights in certain creative material. Does not protect ideas, must be material form.
Copyright term is generally lifetime of the creator plus 70 years – some exceptions.
Answers
copy, perform and communicate the copyright material to the public.
Yes, playing a film to an audience is a copyright activity – it is a ‘performance activity’.
Yes, displaying material on an interactive whiteboard is a copyright activity. It could be categorised as a ‘performance’. It may also be a communication.
Discuss Copyright ownership – if create as part of your employment owned by employer.
Educational purpose includes:
• teaching purposes, including preparation for teaching a class• as a part of a course of study• retaining in the library for use as a teaching resource.
For journal and newspaper articles, usually 1 per periodical unless it’s on the same topic
Reduce risks of infringement and reduce costs.
Answers:
No, teachers can only copy and communicate text works as long as the amount copied or communicated ‘does not unreasonably prejudice the legitimate interests’ of the copyright owner. As this work is commercially available to buy, only a portion of the work can be scanned and copied to the DTE for educational purposes under the statutory text and artistic works licence. The‘10% or one chapter rule’ is a useful guide. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. However, use of the image is not free. Schools are currently paying millions of dollars a year to use freely available internet content under the Statutory Text and Artistic Licence. Where possible it is better to use images licensed under Creative Commons instead. We will talk more about where to find CC Licensed materials later in the presentation.
If downloading from ClickView, they usually include this as part of their metadata automatically
Answers:
Yes, under the Statutory Broadcast Licence, you can make a copy of a TV show from a platform like ClickView and upload this to your school’s DTE. We recommend you include the following notice on the copy:
‘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’.
2) No, the Statutory Broadcast Licence does not cover the copying of TV programs offered by subscription TV broadcasters outside their schedule broadcast content (eg on demand content such as Foxtel on Demand)
3) Yes, under the Statutory Broadcast Licence it is fine to copy a program from television, even if it is available to buy from Google Play. Remember the labelling requirements discussed under Answer 1 above.
Speaking notes:
Previously schools were covered by three separate agreements, one in relation to sheet music (AMCOS Licence), one in relation to performance of music (APRA Licence) and one in relation to school events (School Event Licence).
Now there is one consolidated agreement.
Previous copying limits under the old licence of 30 photocopies per original (primary school) and 15 (high school) (hardcopy only) no longer apply.
APRA AMCOS is the collecting society that collects and distributes royalties for the public performance and communication of musical works as well as the reproduction rights in musical works on behalf of its members, namely composers, writers and music publishers.
Grand Right Works: it can make as many copies as it needs of the sheet music for each of those three songs (eg it could make copies of the sheet music for three songs from ‘Matilda the Musical’ for its students to sing. If your school wants to stage an entire musical (eg ‘Matilda’), you will need to obtain permission from the copyright owner.
Schools are relying the Schools Music Licence to perform music and s106/interim agreement with PPCA to play sound recordings. PPCA is the collecting society that represents the interests of record labels and Australian recording artists. It grants licences for the playing of sound recordings
For independent and Catholic schools, this is under section 106 of the Copyright Act. For government schools, it is under an interim licence from PPCA which permits the use of sound recordings in connection with the activities of the school. The public performance of any musical works embodied in the sound recordings must be done in accordance with the Schools Music Licence.
Note this does not cover performing an entire musical. If schools want to perform an entire musical (eg Matilda) they need to seek permission. However, you can perform up to 3 songs from a musical under the Schools Music Licence.
Schools rely on the Schools Music Licence and s106/interim agreement with PPCA to play sound recordings.
A performance in a dramatic context refers to a performance in conjunction with acting, costumes, scenic accessories, or other dramatic effects.
What are commercial activities?
Under the Schools Music Licence, commercial activities are activities undertaken by a school to generate profit, where that profit will not go back to the school or a registered charity associated with the school. Examples of commercial activities that would not be regarded as school events are:
a dance festival run by another organisation;
an eisteddfod organised by an eisteddfod body; or
a performance by a professional musician.
Commercial activities also include activities where the primary purpose is advertising or promoting the school to persons who are not members of the school community (eg an enrolment campaign), the promotion of a third-party business or the rental of school facilities to third parties for purposes not associated with the activities of the school.
School event means an event organised or authorised by the school.
This includes events or functions held at the school or connected with the school but held at a different venue. For example:
concerts
presentation nights
drama or music performances
assemblies
sports days or school fêtes.
Schools can authorise a third party (eg professional videographer) to make the recording. They can also authorise their department or administrative body to make the recording for them.
ARIA is a collecting society which represents the interests of the Australian record industry, including major record companies and independent record labels. It provides licences on behalf of its members to individuals and organisations who want to make legitimate reproductions of sound recordings.
Most of the Christian liturgical music used by schools will be covered by the Schools Music Licence. However, a small number of composers/publishers are not included.
You can check whether a particular composer and/or music publisher is covered by searching APRA AMCOS Works Search or contacting APRA AMCOS at schools@apra.com.au.
If the music is not covered by the licences, you should contact CCLI or OneLicense.
Sometimes composers or music publishers will be represented by both APRA AMCOS and CCLI or OneLicense. If this is the case, you can use their music under the Schools Music Licence.
Answers:
Yes, students can sing the song ‘Happy’ at a school performance under the Schools Music Licence.
2) Yes, under the Schools Music Licence, the band conductor can only copy up to three sounds from the musical Shrek, but of those three songs, they can make as many copies as the schools needs for its students to sing.
3) Yes under the Schools Music Licence and, for non-government schools, an exception in the Copyright Act. For government schools: under a licence with PPCA and the Schools Music Licence.
4)
a) Yes, the teacher can record the Year 6 dance class performance to ‘This is Me’, under the Schools Music Licence.
b) No, the teacher cannot upload the recording to their personal official Facebook page, under the Schools Music Licence. They can only upload the recording to an official school social media page.
c) Yes, a copy can be provided to the parents of those students under the Schools Music Licence. This could be a digital or physical recording (eg via email/message or USB).
5) Yes, provided their school/department or administering body has taken up the Co-Curricular Licence.
Does not cover copying
Aka ‘show and tell’ exception
Eg cannot copy YouTube clip just in case you may need it next term. Has to be for specific lesson
If you’ve met 1-3 then want to upload it so students can access it next lesson, follow these guidelines
Factors we look at for practice exams:
(a) Whether the practice exam has a question and answer format;
(b) The setting in which the students are asked to complete the practice exam (i.e. is the practice exam being conducted in class in a 'test' setting or within a certain timeframe);
(c) The purpose of the practice exam (i.e. is it an assessment conducted for the purpose of inquiring into or assessing the student's abilities); and
(d) Whether a teacher is reviewing the student's answers to the practice exam and providing feedback or a mark to the student.
Speaking Note
Answers:
Yes, under the s 28 exception
Yes, linking is not a copyright activity. You are just providing a pathway to that content.
No, this activity is not covered under any copyright exceptions as the film is commercially available to purchase.
Yes, if you are enlarging the font of a whole book, you can rely on the organisational disability exception (s 113F), provided it is not commercially available to purchase in the font size needed.
Yes, under the s 28 exception.
flag format shifting audiobook CDs as a grey area but we think its fine if cannot use CD for your purposes.
Steps Schools can take:
Abide by restrictions we’ve talked about so far (eg copying limits in Stat Licence, displaying/playing material under s 28 and the flexible dealing guidelines)
Use free legal sources where possible (eg Creative Commons, YouTube, ABC iView).
If students need to read or view content on the internet, link rather than provide copies of the content.
Consider subscription services that can be accessed from home (Eg Hot Maths or Reading Eggs) rather than copying content.
QUESTIONS? – THEN LUNCH 30 MINS
Benefits:
Schools/Departments 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).
Often done as part of enrolment process but templates available on our website.
openverse was previously CC search
You can filter for CC licensed images or audio on openverse by clicking on the “All content” dropdown in the search bar and selecting “images” or “audio”.
Answers:
1) Yes, Under the Statutory Text and Artistic Works Licence, Kent can copy and communicate material from a textbook for his class, as long as the amount copied or communicated “does not unreasonably prejudice the legitimate interests” of the copyright owner. For works commonly used by teachers or those that are currently available to buy, only portions of the work can be copied for educational purposes under the licence. For these works, the ‘10% or one chapter rule’ is still a useful guide. For other works, such as older ‘out of print’ works, or works made available on the internet without any expectation of payment, teachers may be able to copy more (or even all) of a work.
Attribution/Labelling
Kent should, wherever possible, include an attribution containing sufficient information to enable Copyright Agency to identify the owner of copyright. For text and artistic works, you should include as much of the following as possible and/or practical:
the author and publisher names (it’s not enough to include just the name of the author, the author is often different from the copyright owner)
title, edition or date of publication
ISBN or ISSN and
the full URL (if copying from a website).
The attribution should be placed wherever practicable (eg below the content, in the footer of each relevant page).
2) Yes, Kent can upload a list of website links to his school’s DTE for his students to access, as linking and embedding are not copyright activities.
3) No, as noted under Answer 1, Kent can only copy and communicate a text work as long as the amount copied or communicated ‘does not unreasonably prejudice the legitimate interests’ of the copyright owner. Therefore, whether he can scan and upload the entire novel, depends on the novel. For works that are available to buy (such as the novel in this case), only portions of the work can be copied for educational purposes under the licence. For these works, the ‘10% or one chapter rule’ is still a useful guide. Kent can upload 10% or 1 chapter of the novel, to a password protected DTE. He should label in accordance with Answer 1 above.
4) Yes, Kent can do this under the Statutory Text and Artistic Works Licence. In most cases, copying freely available internet materials for educational purposes will not cause any harm to a website owner as there will often be no expectation of payment for freely available internet materials. This means teachers can ordinarily copy all of a freely available internet resource. Kent should follow the attribution requirement as noted in Answer 1.
5) Yes, Kent can do this under the Statutory Broadcast Licence. He should ensure he includes an attribution with enough detail for Screenrights to identify the owner of the copyright. For broadcasts, this includes:
the name of the program
the channel it was copied from
the date the copy was made and
the full URL (if copying from a website).
The attribution should be placed wherever practicable (eg as an intro/ending credits page).
Answers:
Yes, Samantha can live stream a school concert from the school’s website, under the Schools Music Licence.
No, she cannot share a video recording to her personal Facebook page. Under the Schools Music Licence she can only share to an official school social media account.
Yes, Samantha can display lyrics at a school assembly where parents are present, under the Schools Music Licence, provided this is for a school purpose.
Yes, Samantha can play music at a school swimming carnival under the Schools Music Licence.
As this would be classified as non-educational purposes, she will only be able to play the film if the school is covered by the Co-Curricular Licence or it has sought permission from the non-theatrical distributor of the film to play it for non-educational purposes.
Answers:
1)Yes, Carol can play an episode of a Netflix documentary to her class under s 28.
2) Yes, Carol may be able to format shift a CD to MP3 to upload to the school’s DTE where it is not commercially available to purchase, under the flexible dealing exception. This exception may apply if:
she cannot rely on any other licence or exception, and
she needs the material for educational instruction (eg teaching a particular lesson or course) and
the use does not conflict with the normal exploitation of the material. This means that if Carol can buy the material in the format she needs within a reasonable time, or obtain a licence for her proposed use on reasonable terms, she they must do so.
If Carol meet those criteria, then she may be able to rely on the flexible dealing exception provided she:
ensure no further copies or downloads can be made (view only)
limit access to the students/classes that need it for the specific instructional purpose
only use the amount of material that she needs
only make the material available for the time needed for the course of study.
Note whether the exception applies must be considered on a case-by-case basis.
Labelling requirements: There is no requirement to label material copied under the flexible dealing exception. However, it is best practice to mark material copied with the following notice to limit potential liability of the school in the event that a student uses the content in a way that may infringe copyright:
‘This material has been copied [and communicated to you] in accordance with the exam copying exception in section 200AB 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.’
3) Yes, Carol can do this under the disability access exceptions.
4) Yes, under the exam copying exception in section 200(1A) of the Copyright Act, Carol can copy a clip from a film and provide student access for use in an online exam, even if the film is commercially available. This exam may also apply to practice exams.
5) No, Carol would need to purchase as many copies of the book as required (one copy per student), rather than make her own recording.
Answers:
1) Yes, all Issy needs to do to license a learning resource that she has created under CC, is:
Choose her CC licence: https://creativecommons.org/choose/
Copy the CC Licence icon
Paste the icon onto the resource along with the attribution information and/or any other notice she would like to include and
Include a copyright statement on the resource to reflect the CC licence.
All Creative Commons Licence icons, can be found on the Creative Commons Licence Chooser website: https://creativecommons.org/choose/.
The copyright statement and CC licence can be placed on the first and/or last page of the resource or the footer of the resource so that it travels onto every page.
2) Yes, Issy can use a photo that was released under a CC BY License in her resource. A CC BY licence is an attribution licence, so she must attribute the creator. ‘Common-sense’ principles apply to providing attribution across all CC licences. When attributing a work under a CC licence she should:
credit the creator
provide the title of the work
provide the URL where the work is hosted
indicate the type of licence it is available under and provide a link to the licence (so others can find out the licence terms); and
keep intact any copyright notice associated with the work.
It is important to always check whether the creator has specified a particular attribution.
3) No, Issy cannot change the illustration. A CC Attribution-No Derivative Works (BY-ND) licence only gives permission to copy, redistribute (publish, display, publicly perform or communicate the work) verbatim copies, and license to others. So, she cannot adapt or modify the resource.
4) If Issy’s resource contains third party material (ie material not owned by her) that she does not have the right to license under the Creative Commons licence, then she will need to expressly exclude this material from the Creative Commons licence.
Speaking notes:
flowcharts – we also have a number of useful flowcharts available (eg next slide).
Speaking note: Have a look at our flowcharts on the Smartcopying website.
Speaking notes:
In addition to all-day webinars, our education program also includes:
Lunch time and after school copyright hours – topics include Using Text and Artistic Works, Music, Using TV and Film, Creative Commons and Copyright for Resource Developers.
Lunch time, fortnightly Q&A sessions for curriculum and education resource developers.
An online Copyright for Educators course for educators who want to learn about copyright, statutory licences, educational exceptions and open educational resources. 7 week course that we run twice a year. Likely to be run in Term 2 next year. You can register your interest online.
All of our education offerings are fee. For more details, including dates and registration details, see the Smartcopying website.