Copyright for Educators - TAFE 4 March 2021

N
National Copyright Unit, Education CouncilNational Copyright Unit, Education Council
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copyright for
Educators - TAFE
National Copyright Unit
Alison Davis and Jessica Smith
National Copyright Unit
www.smartcopying.edu.au 1
Copyright for Educators
4 March 2021
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 licenses
● 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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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
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
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National Copyright Unit
@smartcopying.edu
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Copyright for Educators
4 March 2021
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
License (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Outline
1. Copyright Basics
2. Text and Artistic Works
3. Films and Videos
4. Radio and TV Broadcasts
5. Music
6. Workshop 1
7. Commercial Activities and
Seeking Permission
8. Creative Commons and Open
Educational Resources (OER)
9. Workshop 2
10. Smartcopying Tips
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Different types of material
Text
Films and
Videos
Musical
Works
Broadcasts
Artistic
Works
What type of work do
you want to use?
Sound
Recordings
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Using material for teaching
Education
Licences
Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
Can I use it?
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copyright Basics
National Copyright Unit
www.smartcopying.edu.au
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Copyright for Educators
4 March 2021
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of
buildings
● 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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https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Films Sound Recordings Broadcasts Published Editions
● films
● video recordings
● DVDs
● television
programs
● advertisements
● music videos
● online films and
videos
● digital recordings
● Vinyl
● CD
● DVD
● audio cassette
tapes
● radio
● television
● typesetting (the
layout and look of
a publication)
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What does copyright protect?
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
A copyright owner has the exclusive
right to:
• copy
• perform
• communicate to the public
the copyright material.
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"Copyright graffiti" by opensourceway is
licensed under CC BY-SA 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copying Activities Communicating
Activities
Performance 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
● uploading to a digital
teaching
environment (DTE),
share drive
● emailing to students
● displaying or project
on an interactive
whiteboard
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copyright basics FAQs
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?
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Copyright for Educators
4 March 2021
National Copyright Unit
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Text and Artistic
Works
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/text-material/ 15
Copyright for Educators
4 March 2021
Copyright for Educators
4 March 2021
National Copyright Unit
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Statutory Text and Artistic
Works Licence
National Copyright Unit
www.smartcopying.edu.au
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/ 16
Copyright for Educators
4 March 2021
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and
Artistic Works
Licence (s 113P(1))
TAFE institutes
may copy and communicate text and
artistic works in both hardcopy and
electronic form for educational purposes,
provided the amount copied does not
unreasonably prejudice the legitimate
interests of the copyright owner.
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Books story (vector, Inkscape,
poster) by MaryKosowska is
licensed under CC BY-NC-ND 2.
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic Works
Licence (s 113P(1))
The Statutory Text and Artistic Works Licence covers:
• text works eg books, newspapers, journal articles, song lyrics, plays,
poems, maps, websites
• artistic works eg paintings, diagrams, photographs, animations
in both hardcopy and electronic form.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What is a copy?
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• making a video recording that displays the text
• downloading works from a webpage or cloud storage
drive or saving a copy to a digital teaching
environment (DTE), personal computer, USB drive or
personal cloud storage service.
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Printer being used by person with
paper and hand illustration by
Brother UK is licensed under CC
BY 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What is a communication?
A communication includes:
• uploading material to a digital space for student access and use via
password protected 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, Google Classroom or iTunes U)
• emailing.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
How much can I copy and
communicate?
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.
• 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).
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
How much can I copy and
communicate?
Teachers can copy and
communicate whole artistic
works under the Statutory
Text and Artistic Works
Licence.
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"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What can teachers and students
do under the Statutory Text and
Artistic Works Licence?
Under the Statutory Text and Artistic Works Licence, teachers and students can:
• download a student worksheet from a teacher subscription site to provide students
• copy images from stock image sites (eg Getty 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 uploading it on a DTE for students to access
• display pages from a digital textbook to a class.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
• Limit access to the minimum required number of students
and staff.
• Limit access to those who need the material for
classroom and/or homework exercises.
• Delete or archive/disable access to the material once it is
no longer needed.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]
A practical way of including this notice is to insert a link to the notice from the
attribution information:
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.
Notice requirements
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
Educational use of freely available internet material, such as images, are not free and are paid
for under the Statutory Text and Artistic Works Licence.
Currently, the TAFE sector pays nearly $3 million each year under this licence.
Some recent examples of “freely available images” from the internet paid for under the Statutory
Text and Artistic Works Licence include:
• ‘Fearful Face emoji’ on dictionary.com
• 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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
How do I know if an image from
the internet will attract a fee?
All images from the internet used by TAFEs will attract remuneration 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 the public domain (see duration of
copyright)
• the terms of use clearly allow for educational use (see Understanding website
terms and conditions).
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
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).
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is not
covered by the Statutory Text and
Artistic Works Licence?
You may be able to:
• rely on one of the education exceptions
• obtain permission from the copyright owner
• use the material in a different way (link to it, create your own content
inspired by the original material).
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Performing and communicating
copyright material in class (s 28)
• Section 28 allows TAFEs to perform and communicate
material 'in class' (includes remote students).
• A free exception – no fees are paid.
• Does not permit copying.
• Includes any type of material.
• Must be restricted to staff and students who need material.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses of text and
artistic works
• Reading aloud a story, news
article, journal, handbook or
other literary work
• Displaying content from a live
website on an interactive
whiteboard.
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"Feb 1: A Very Modern Lecture" by pjohnkeane is
licensed under CC BY-SA 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
• If you want to use text or artistic works in a way not permitted by the statutory
licences or other specific exceptions under the Copyright Act, you may be able
to rely on the “flexible dealing” exception in s 200AB.
• This exception permits TAFEs to make limited use of copyright material for free,
for educational instruction, if the use satisfies a number of criteria. You must
assess your proposed use against those criteria on a case-by-case basis.
o TAFEs commonly rely on this exception to copy audio (eg iTunes music)
and audio-visual content (eg YouTube videos).
o If the material can be purchased in the format needed, then you must
purchase it rather than relying on section 200AB.
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https://smartcopying.edu.au/flexible-dealing/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing - guidelines
Material must be needed for educational
instruction:
• teaching
• preparing to teach
• compiling resources for student homework or
• research or doing anything else for the purpose of
teaching).
This exception does not apply to ‘just in case’ copying.
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"Abstract City" by Won Kim is licensed
under CC BY-NC-ND 4.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing - guidelines
Your use must 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 that instead of relying on the flexible dealing exception.
If you are unable to buy or license the material, you may be able to rely on the flexible dealing exception provided
you:
• ensure no further copies or downloads can be made (eg if you are uploading content to the
TAFE digital teaching environment (DTE), make sure it is view only)
• limit access to the students/classes that need it for the specific instructional purpose (eg if you are
uploading a film to the DTE for a journalism class, only make it available to the students in that class)
• only use the amount of material that you need (eg 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 (eg if students need to
access an excerpt of a documentary on the DTE for a course on marine biology, archive or disable access
by students to the documentary once it is no longer needed by the students).
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Common activities in relation to
text and artistic works
1. Changing/adapting song lyrics when the changed/adapted lyrics are
needed for educational instruction.
2. Creating an audiobook when you cannot purchase it and it is needed
for educational instruction.
3. Making translations of works when you cannot purchase the
translation and it is needed for educational instruction.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
• TAFEs are allowed to copy and communicate copyright material for
use in online and hardcopy exams.
• Covers all types of copyright material - images, text, music, films,
videos, etc.
• Does not extend to practice papers. Must be an actual exam.
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https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
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’).
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability-
access-exceptions/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
Under these exceptions, teachers can:
• create a digital version of a
hardcopy book and make any
necessary adjustments, such as the
font size or colour, to assist students
with difficulties
• create audiobooks for students with
vision impairment.
39
"Facts about Languages" by Elaine_Smith is
licensed under CC0 1.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Organisational disability
exception
• Allows TAFEs 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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Organisational disability
exception
Best practice to include the following notice where reasonably
practicable:
This material has been copied/made available to you under section
113F 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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Fair dealing for the purpose of
access by persons with a
disability
• The fair dealing for disability exception allows teachers 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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
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.
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
• 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.
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https://smartcopying.edu.au/students-and-copyright/
Adventures in copyright by opensource.com is
licensed under CC BY-SA 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Text and artistic works FAQs
1. Can I create a digital copy of a textbook by scanning the entire book and then
uploading this to my TAFE’s LMS?
2. Can I download a worksheet from a personal subscription (eg Learning and
Teaching Sustainability) and use this resource in my classroom?
3. Can I display a few pages of an e-book on an interactive whiteboard as part of a
classroom activity/discussion?
4. Can I enlarge the font size of a book for a student with reading difficulties?
5. Can a student copy an image from Pinterest to use in their Photography project?
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Films and Videos
National Copyright Unit
www.smartcopying.edu.au
https://smartcopying.edu.au/guidelines/films-and-videos 46
Copyright for Educators
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Playing films
TAFEs can play films in class for educational
purposes (under the s 28 exception) – this
includes from streaming services such as Netflix.
See
http://www.smartcopying.edu.au/information-
sheets/schools/performance-and-
communication-of-works-and-audio-visual-
material-in-class---what-am-i-allowed-to-do-
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Open source film making with Todd
Harris by opensource.com
is licensed under CC BY-SA 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Copying films
Teachers may be able to copy a film into a new format and upload to the TAFE’s
password protected digital teaching environment (DTE) for a specific educational
purpose under the flexible dealing exception provided:
• they are not able to buy it in the required format
• the film can only be viewed by the teachers and students in the relevant class (ie
the film is accessible to students in one course as opposed to the students
enrolled in the entire institute)
• the teacher removes the film from the DTE or disables access by the students to
the film immediately after the class.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Copying films
Some examples of uses that are permitted under the flexible dealing exception
include:
• format shifting audiovisual content from CD or DVD to digital for use on iPads,
etc lacking CD-ROM drives when it is not possible to buy a digital version of the
film or sound recording
• making a digital copy of a DVD to upload to a TAFE’s DTE in order to play to a
landscaping class
• compiling extracts of audio-visual material for use in class (eg making a
compilation of short extracts of several films for a photography class) when it is
not possible to buy a similar teaching resource.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Downloading films from the
internet
• If a teacher wants to download a film from the internet and upload it to the
TAFE’s DTE), they may be able to do this under the flexible dealing exception in
very limited circumstances and following certain requirements.
• Note that copying films from sites like YouTube or Vimeo may be contrary to
their terms of use
• It is better to simply play the film in class or provide a link to students
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Technological Protection
Measures exceptions
A lot of digital content is now protected by TPMs. TPMs prevent you from making
further copies or limits access to material.
However, TAFEs are permitted to circumvent copy TPMs under the:
• Statutory Text and Artistic Works Licence
• flexible dealing exception in section 200AB
• organisational disability exception in section 113F
• fair dealing for disability exception in section 113E.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
Under these exceptions, teachers
can provide captions, audio-
descriptions or subtitles to audio
visual material (eg YouTube,
films, etc) for hearing impaired
students.
52
Closed captions by Oregon State University is
licensed under CC BY-SA 2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
• TAFEs are allowed to copy and
communicate films (and other
works) for use in online and
hardcopy exams.
• Does not extend to practice
papers. Must be an actual exam.
53
"Exam" by albertogp123 is licensed under CC BY
2.0
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
• Students can copy and communicate films 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.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Films and videos FAQs
1. Can I use my personal Netflix subscription to show a
documentary in class for educational purposes?
2. Can I format shift a film in DVD format to MP4 to upload
onto our TAFE’s LMS when the film is available to purchase
in a digital format?
3. Can I take a screenshot from a film to use in a teaching
resource?
4. Can I copy a part of a film to include in an exam?
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Radio and Television
Broadcasts
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 56
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National Copyright Unit
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Statutory Broadcast Licence
National Copyright Unit
www.smartcopying.edu.au
https://smartcopying.edu.au/guidelines/education-licences/statutory-
broadcast-licence/ 57
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
(s 113P(2))
• Only applies to TAFE WA and Bradfield Senior College (NSW).
• Covers the copying and communication of:
o television broadcasts from free-to-air television (ABC, SBS, channels 7, 9, 10, Gem,
etc)
o radio broadcasts from free-to-air radio (AM, FM, Digital)
o scheduled broadcast content on subscription TV (eg Foxtel), excluding any on demand
content offered by those subscription services (eg Foxtel On Demand and Kayo
Sports)
o online TV/radio programs from a free to air broadcaster’s website including podcasts
and catch up TV, provided it has been broadcast by the free to air broadcaster.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Making and using the copy under
the Statutory Broadcast Licence
• Copy can be in any format (eg DVD, MP4).
o Does not matter what recording device or platform you use to copy a program, including
educational products/services such as ClickView, Functional Solutions, Kanopy or
OnDemand Media.
o Teachers or TAFE librarians may make the copies themselves or use an external resource
centre, such as ClickView, Enhance TV or TV4Education to make and supply the copy.
• You can:
o upload or save the copy of a program to a password protected intranet or DTE
o email a copy of a program to staff and students.
• No limit to how much you can copy.
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Use of radio and television
broadcasts by TAFEs
without a Statutory
Broadcast Licence
National Copyright Unit
www.smartcopying.edu.au
https://smartcopying.edu.au/use-of-television-programs-and-film-by-tafe-
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Copyright for Educators
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Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
TAFEs without a Statutory
Broadcast Licence
• Most TAFEs are not covered by the Statutory Broadcast Licence. These
institutes cannot copy television or
radio broadcasts or communicate copy broadcasts.
• TAFE institutes are still able to:
o play live broadcasts
o play or communicate purchased content (eg television programs, series,
films, documentary programs)
o play online television programs (eg from ABC iView, SBS On Demand or
other catch up television services).
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TAFEs without a Statutory
Broadcast Licence
However TAFEs without a Statutory Broadcast Licence cannot:
• record television or radio programs from television or radio broadcasts (this includes copying by
Fetch TV or similar products)
• make further copies of television programs copied under the previous Statutory Broadcast
Licence
• keep copies of copy television or radio broadcasts made under the Statutory Broadcast
Licence on a TAFE institute’s content management system, learning management system or
intranet (including password protected intranet).
• obtain copies of television or radio broadcasts from resource centres such as Enhance TV,
Informit or ClickView
• upload and/or make available copy broadcasts to intranets (including password protected
intranets), content or learning management systems.
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Radio and television broadcast
FAQs
1. Can I play a documentary from ABC iView to my class?
2. Can I copy a television program to play to my class?
3. Can I format shift a DVD copy of a TV program which was
made when my institute had the Statutory Broadcast
Licence so that I can upload it to show online to my class?
4. If my institute does not have a Statutory Broadcast Licence,
does that mean we cannot show any videos in class?
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How can I use music in TAFE?
In the classroom (copyright exceptions) Outside the classroom
Section 28 (to play/perform music and sound
recordings in the classroom)
Voluntary TAFE Music Licence with APRA,
AMCOS, ARIA and PPCA from 1 January 2021
for TAFEs in NSW, QLD, ACT and TAS.
Flexible Dealing (applies in limited
circumstances if no other exception applies
and it is for educational instruction)
Check and if needed obtain specific ad-hoc
licences with APRA AMCOS for TAFE institutes
in WA, SA and the NT.
Fair Dealing (to copy or communicate music
and sound recordings for a teacher or
student’s own research or study)
All TAFE institutes can also use Creative
Commons music.
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Using music in the TAFE
classroom (s 28)
Teachers and students in all TAFEs can perform musical works live or play
recorded music in class (includes virtual classes) under s 28 of the Copyright Act,
provided it is:
• in the course of education
• the people in the audience or class are giving or receiving instruction.
Teacher can also upload sound recordings to a TAFE intranet or DTE in order to
play them in class, but they should remove them from the intranet/ DTE, or remove
access to the sound recordings by students, as soon as class is over.
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Music examples – what teachers
and students can do under s 28
Examples of what teachers and students can do include:
• singing musical work and playing instruments in class
• performing a musical work in a virtual class using a DTE
• using a DTE to show the score of a musical work to external students so that those students
can play along to the score in a virtual class
• playing a sound recording in class in any format (eg digital music from Spotify or Apple
music, Google Play Store, CD) using a DTE, interactive whiteboard or virtual classroom
software
• playing a film (DVD or online film) in class which contains a musical work and/or sound
recording using a DVD player or DTE.
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What is not covered?
Section 28 does not cover
communicating or performing a
work at a TAFE event where
there is no teaching involved (eg
graduation, open day, fashion
show, workplace such as a hair
salon).
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"Music Note Bokeh" by all that improbable blue is
licensed under CC BY-NC-SA 2.0
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Using music (other exceptions)
Flexible Dealing
If TAFEs want to copy and communicate musical works or sound recordings for educational
instruction they may be able to rely on the flexible dealing exception (eg to prepare an
arrangement of a musical work for students to perform in a music class when you cannot buy
the arrangement you need). See Flexible Dealing Exception, see also Students and Copyright.
Disability Exceptions
If you are copying or communicate musical works or sound recordings in order to make them
accessible to a student with a disability, you may be able to do this under the disability
exceptions (eg uploading a braille film score to a password protected DTE for a student with a
visual impairment, where the braille version is not available in a digital format). See Disability
Access Exceptions.
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Using music (other exceptions)
Exam Copying
Teachers are allowed to copy and communicate musical works and sound recordings for use in
online and hardcopy exams. This exception does not extend to practice papers. You can only
rely on this exception to copy and communicate copyright material for actual exams and
assessments. See Exam Copying.
Fair Dealing
TAFE teachers will only be able to rely on the fair dealing exception in limited circumstances (ie
it must be for their own research and study and not the research and study of their students).
However, TAFE students using musical works and or sound recordings as part of their study,
will generally be able to rely on the fair dealing exception for research and study. For example,
TAFE students may be able to rely on the fair dealing exception to use musical works and sound
recordings in an assignment as part of a ‘Sound and Music’ course. See Copyright Exceptions.
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Music outside the
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
From 1 January 2021, TAFEs in NSW, QLD, ACT
and TAS can rely on the TAFE Music Licence with
APRA AMCOS, ARIA and PPCA to perform musical
works live (eg a live performance by a TAFE band)
and use sound recordings in different ways outside
the classroom environment.
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"music" by craigCloutier is licensed under CC
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
For example, TAFEs can:
• perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open
Day)
• play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show)
• play a sound recording as background music in TAFE businesses (eg TAFE training restaurants,
fitness centres or cafes)
• play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices)
• incorporate a sound recording into another work (eg adding music to a PowerPoint presentation)
• live stream TAFE events at which a musical work is performed or sound recording played from a
TAFE’s social media platform (eg Facebook Live and YouTube), however it is still possible that
the performance may be muted or blocked.
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
Recording your TAFE event
TAFEs can:
• record TAFE events that include the performance of a musical work live or a sound
recording
• authorise a third party (eg a professional videographer hired to film a TAFE fashion
show or graduation ceremony) to make a recording of a TAFE event on its behalf
• use the recording in the ways listed below.
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
What can I do with the recording of our TAFE event?
TAFEs can do the following with the recording of their TAFE event(s):
• upload the recording to the TAFE website and/or DTE
• upload the recording to educational apps being used for TAFE communications (eg
Skillslocker)
• email a digital copy of the recording to the TAFE community (students and parents)
• provide a physical copy to the TAFE community (for example, on a USB device)
• upload the recording to the TAFE’s official social media page (although where a
musical work or sound recording is played at the TAFE event the post may still be
taken down).
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
Incorporating sound recordings into other works
TAFEs can incorporate a sound recording into another unrelated work (eg add a
backing track to a PowerPoint presentation or to a video of a graduation ceremony).
TAFEs can then:
• upload the recording to the TAFE website, password protected intranet or
password protected DTE
• email or provide a physical copy of the recording to students and their families
• upload the recording to an educational app (for example ‘SkillsLocker’).
Note, however, the TAFE cannot upload this work to social media.
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Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a sound
recording is played, in real time from TAFE social media platforms (such as Facebook
or YouTube).
However, for live streams where a musical work or sound recording is being played on
social media, it is still possible that the performance may be blocked or muted.
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Using music outside the TAFE
classroom (WA, SA, NT)
• TAFEs in WA, SA and NT are not currently covered under the new TAFE Music Licence.
• If TAFEs in these jurisdictions want to use music in ways not covered by the exceptions in the
Copyright Act, they will need to obtain specific licences from OneMusic (APRA and PPCA) or directly
from the copyright owner, or use music from other resources.
• Some common activities you will need to obtain licences for:
o fashion shows, open days or graduation ceremonies
o TAFE businesses such as fitness centres, restaurants and hair salons
o TAFE corporate areas (eg staff rooms, reception areas)
o telephone on hold music.
• It is a good idea for TAFEs to contact their local copyright manager to see if their TAFE has
OneMusic licences in place for these activities.
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Using music outside the TAFE
classroom (WA, SA, NT)
There may be instances where TAFEs in these jurisdictions can use alternative
sources of music such as:
• free music available under Creative Commons licences or
• alternative music licences to those offered by OneMusic (eg Audio Network,
Visual Sounds and Music on Hold).
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Creative Commons music
(all TAFEs)
TAFEs in all jurisdictions can use CC musicals works and sound recordings free of charge
provided you comply with the terms of the CC licence.
There are several websites that license musical works and sound recordings under a CC
licence, including:
• SoundCloud – online sharing platform with option to filter search results for CC content
• Vimeo – online community with option to search for CC content
• CC Mixter – CC sound remix tool and archive
• Op Sound – CC music archive
• Magnatune – CC Record label
• Jamendo – CC music distribution site
• Freesound – collaborative data base of CC licensed sounds.
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Music FAQs
1. Can I play music from Spotify in my class for educational
purposes?
2. Can we play live music at a TAFE event (eg Open Day)?
3. Do we need a licence to play background music at our
TAFE operated restaurant?
4. Can we play pre-recorded music at a TAFE graduation
ceremony?
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WORKSHOP 1
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Case study 1 – Text and artistic works
Josie, a social work teacher, is preparing a teaching resource. She:
1. photocopies pages from a textbook to hand out to students in her class
2. uploads a list of website links to the TAFE LMS for her students to access
3. prints an illustration from the internet for each student in her class
4. scans and uploads to the TAFE LMS an entire textbook that is no longer in print and it is not
commercially available
5. downloads other people's lecture notes, student quizzes and worksheets from a subscription site
(eg the Learning and Teaching Sustainability site)
6. copies a textbook and modifies it by changing the size of the text and the contrast of the colours for
a student who is visually impaired.
Is Josie allowed to do each of the activities? If yes, are there any restrictions on how she can use it (eg
consider copying limits, labelling requirements)?
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Case study 2 – Films, videos and
broadcasts
Samantha is a librarian who has been asked by teachers in her TAFE if they are allowed to:
1. create a teaching resource that includes YouTube clips
2. play a film from Netflix to a class for educational purposes via an interactive whiteboard
3. make a digital version of a DVD
4. caption videos for students with hearing disabilities
5. upload two minutes of a film onto the TAFE LMS and provide students access to it for use in an
online exam, when the film is commercially available on Google Play
6. record a copy broadcast of a free-to-air TV program to play it to the class.
What should Samantha 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 3 – Music
Jake is a music production teacher. He:
1. plays music in class as part of his lessons
2. is organising a TAFE music open day and wants to play recorded music at the event
3. intends to video the event and upload the recording to the TAFE website
4. is preparing an online exam, and wants to include some extracts of popular music in the exam
questions
Is it okay for Jakes to do these activities? Does it make a difference what jurisdiction Jake is in?
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Commercial
Activities and
Seeking Permission
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Commercial activities
1. Can TAFEs sell materials created under the Statutory Text and Artistic Works Licence?
A TAFE is permitted to rely on the Statutory Text and Artistic Works Licence, provided the
materials copied under the Statutory Text and Artistic Works Licence are provided at no more
than cost, ie the sale price only covers the physical production of the materials and/or other direct
costs, and does not include a profit margin.
2. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy materials,
which are provided at cost, when delivering a professional development course for a
commercial client?
A TAFE is permitted to rely on the Statutory Text and Artistic Works Licence, provided the
materials copied under the Statutory Text and Artistic Works Licence are provided at no more
than cost, ie the sale price only covers the physical production of the materials and/or other direct
costs, and does not include a profit margin.
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Commercial activities
3. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course
materials for ‘hobby courses’ and non-accredited courses?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and
the materials are provided at no more than cost.
4. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy class materials
for TAFE students based in other countries, where course delivery takes place overseas?
It does not make a difference where the course is delivered (eg at the campus or at an external
location). TAFEs can rely on the Statutory Text and Artistic Works Licence so long as:
• the students are undertaking a course conducted by the Australian TAFE institute
• any print materials are copied in Australia, and digital materials are stored and uploaded to a
server from Australia.
It does not matter whether the students are taught by staff of the TAFE institute or by local
teachers overseas.
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Commercial activities
5. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course
materials for a mainstream course if there are full paying students undertaking the
course?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes
and the materials are provided at no more than cost.
6. Can TAFEs provide for a fee, course materials which include content copied under the
Statutory Text and Artistic Works Licence to another TAFE institute in another jurisdiction
or a commercial entity (eg for in-house training)?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes
and the materials are provided at no more than cost.
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Commercial activities
7. If content is available under a ‘non-commercial only’ Creative Commons licence, does
this allow a TAFE to use it in course materials for courses where students are charged
more than the actual cost of producing the resources?
No, as the materials are being supplied for financial profit.
8. Where a TAFE and a private RTO share delivery of a course, can educational Statutory
Text and Artistic Works Licence materials be used in the course materials?
Yes, this is allowed.
9. Where a TAFE offers vocational courses to school students, can the course materials
incorporate educational Statutory Text and Artistic Works Licence materials?
Yes, if the course is provided by the TAFE institute. However, only the TAFE (not the RTO) can
use Statutory Text and Artistic Works Licence material.
For more information, see https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/.
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Seeking permission and consents
Seeking permission Consent from students
TAFE institutes only need to seek permission from the
copyright owner 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 TAFE 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.
Consent is required from a student (or their guardian) if a
TAFE is using material created by students and/or using
photos or videos of students internally (eg on a password
protected digital teaching environment (DTE) or classroom)
or externally (eg on the TAFE website or social media
platforms such as 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 TAFE (eg an
information booklet, poster or on the TAFE website).
For information about when permission is required and sample permission requests, see https://smartcopying.edu.au/guidelines/permissions-and-consents/.
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Commercial activities and seeking
permission FAQs
1. We are providing a professional development course. Can we sell
for profit, materials which include images copied under the Statutory
Text and Artistic Works Licence?
2. How would I go about seeking permission to copy an entire safety
manual produced by a mining company?
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Open Education
Resources and
Creative Commons
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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
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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.
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"Creative Commons" by Skley is licensed under CC BY-ND 2.0
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Creative Commons: How it all
works
• 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. This Photo by Unknown Author is
licensed under CC BY-SA
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Benefits for schools and TAFEs
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 1.8 billion Creative Commons licensed works.
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CC licence elements
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
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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.
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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.
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Finding CC licensed
resources
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Best way to find CC materials
The best place to start is CC Search:
https://ccsearch.creativecommons.org/
You can also search for CC licensed material on
Google, YouTube and Flickr.
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
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CC Search
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CC Search one-click
attribution
One-click attribution: CC Search gives you the attribution for all images. Makes it much easier
to credit the source of any image you discover.
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CC Search sources
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Google advanced search
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for something on the normal Google search, you can
filter so that the search results given are only free, openly licensed
materials.
 To apply the filter: first, go into your advanced search settings,
which are found in the settings tab on the right hand side of your
search result.
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Google advanced search
• Once you’re in the advanced settings, the usage rights filter
is at the very bottom.
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#hashtagSmartcopying
An Internal Guide for Departments of Education and
Non-Government Administering Bodies
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Searching Google for openly
licensed images
• Advanced search as described above or
• Google has a simpler way to filter Google images by reuse
rights (ie, openly licensed resources).
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Searching Google Images for
openly licensed images
After you search for an image, all
you have to do is click “Search tools”
and select the “Usage Rights” that
reflect your use.
All four usage rights allow for
educational use.
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YouTube – Filter for CC videos
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option;
and
• under ‘Features’ selected
Creative Commons.
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YouTube – Filter for CC videos
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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.
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Flickr
• 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.
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Flickr
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Other places to find CC material
• 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
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CC plugins
• CC Plugin for WordPress Websites: allows for easy searching and use of CC-
licensed images for WordPress websites: https://wordpress.org/plugins/ls-wp-
ccsearch/.
• CC Add-in for Microsoft office: enables you to embed Creative Commons
licenses directly into Word, PowerPoint, and Excel documents:
https://www.microsoft.com/en-us/download/details.aspx?id=13303.
• A number of other plugins to help search for, integrate and licence CC material:
https://wordpress.org/plugins/tags/creative-commons/.
• The CC Search Browser Extension is an open-source, lightweight plugin that
can be installed and used by anyone with an updated web browser.
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Licensing your learning
resources under CC
National Copyright Unit
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4 March 2021
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Applying a CC licence to your
learning resources
• TAFEs 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/.
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Applying a CC licence to your
learning resources
1. Issues and concerns around licensing TAFE learning resources under CC:
o improper attribution of TAFE owned materials
o competition between education providers.
2. Possible solutions to these issues and concerns:
o be very clear with your attribution requirements. Attribution is a condition
of all CC licences.
o consider the SA licence.
3. Get in touch with the NCU for additional guidance and help.
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Which CC licence?
• CC BY is recommended where you are happy with anyone using your material
as it allows for the greatest possible reuse of licensed material provided you
attribute the material.
• CC BY SA (Share Alike) if you have some concerns about how your material
will be used, CC BY SA is recommended. This licence allows others to use the
material in a new resource provided the new resource is made available under
the same licence. Selling content for cost recovery or commercial purposes is
allowed under this licence.
• CC BY NC SA (Non-Commercial, Share Alike) is recommended if you do not
wish for your material to be used for profit. Under this licence, any new material
using your material cannot be sold for commercial purposes and in addition the
new material must be made available under the same licence.
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Adding a CC licence to learning
resources
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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Adding a CC licence to learning
resources
Then include a copyright statement on your resource. Here’s some examples:
• © NSW Technical and Further Education Commission (TAFE NSW) – [Agency name], 2020.
Except as otherwise noted, this [insert learning resource title] is licensed under the Creative
Commons Attribution-ShareAlike 4.0 International Licence. To view a copy of this licence,
visit https://creativecommons.org/licenses/by-sa/4.0/.
• © NSW Technical and Further Education Commission (TAFE NSW) – [Agency name], 2020.
Except as otherwise noted, this [insert learning resource title] is licensed under the Creative
Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence. To view a copy
of this licence, visit https://creativecommons.org/licenses/by-nc-sa/4.0/.
The copyright statement and CC licence can be placed on the first and/or last page of your
learning resource or in the footer of the resource so that it travels onto every page.
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Third party content
• You cannot apply a Creative Commons licence to third party 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.
126
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commons-licensed-material/
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
How to label third party content
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. Giving 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. Giving 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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Attribution
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Attributing CC material
Teachers can use CC licensed materials as long as you follow the
license 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?
• 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, TAFE
intranet, LMS etc).
130
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Attributing CC material
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
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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Attributing TAFE owned material
• Material that has been created by your TAFE should be clearly labelled as such in order to
avoid paying fees under the Statutory Text and Artistic Works Licence to use the material.
• This is best done with a footer on each page.
• Examples:
o © [TAFE name] – [institute name], 2020
o © [TAFE name] – [institute name], 2020. Except as otherwise noted, this [insert content
title] is licensed under the Creative Commons Attribution-ShareAlike 4.0 International
Licence. To view a copy of this licence, visit https://creativecommons.org/licenses/by-
sa/4.0/.
• If you are licensing a website under CC or have questions about labelling third party content,
see Applying a Creative Commons Licence.
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Creative
Commons Quiz
National Copyright Unit
www.smartcopying.edu.au
https://www.oerafrica.org/communication/find-open-
content/index.html#/lessons/_JVZ0dzfoYEImW4tZxtuA1hgwWiLd23q 134
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Copyright for Educators
4 March 2021
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www.smartcopying.edu.au
Useful OER and CC links
• 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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WORKSHOP 2
National Copyright Unit
www.smartcopying.edu.au 136
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4 March 2021
Copyright for Educators
4 March 2021
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www.smartcopying.edu.au
Case study 4 – Creative Commons
Issy is a marine biology teacher at a TAFE. 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 use an illustration that has been licensed under a CC BY ND licence in
her resource?
4. can she use an image that she sourced from the internet in her resource?
5. if she applies a Creative Commons licence to the resource, does that mean she
has to make it available on the internet?
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Case study 5 – Creative Commons
Manuel is preparing teaching resources for his urban planning course. He finds
some great material by Amelia Blue that is licensed under a CC BY ND licence. He
wants to:
1. copy the material and use it as part of his teaching resources.
2. make changes to it, including substantially editing the content.
3. upload Amelia’s material to a public urban planning website.
4. adapt his teaching resources into a publication that he will sell.
Are these activities okay? How should Manuel attribute Amelia Blue?
138
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Smartcopying Tips
National Copyright Unit
www.smartcopying.edu.au
139
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Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
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 image.
141
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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 of:
o the copyright owner and/or author
o where the material was sourced from
o when it was sourced.
This Photo by Unknown Author is licensed
under CC BY-NC. Modifications: recoloured.
142
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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/campus 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.
143
Login Computer Internet Password Security by
Max Pixel is licensed under Creative Commons
Zero - CC0. Modifications: recoloured.
Copyright for Educators
4 March 2021
National Copyright Unit
www.smartcopying.edu.au
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
144
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Tips for encouraging compliance
with copyright
TAFEs can do the following to ensure student and staff compliance with copyright
obligations:
• Encourage the use of the Smartcopying website and contact NCU with any
copyright questions
• NCU leads a ‘Copyright for Educators’ course – this is a free online course for
all Australian school and TAFE teachers and librarians
• Ensure students and teachers 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.
145
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Copyright 4 Educators online
course
• Free online course for educators who want to learn about copyright,
statutory licenses, educational exceptions and open educational resources.
• 7 week course. Three courses run in 2020, with over 150 learners taking
the course.
• 2021 dates: 3 May – 20 June 2021 (enrolments open 26 April 2021).
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-
educators-course.
146
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Helpful resources
• CC Information Pack for Teachers and Students:
http://www.smartcopying.edu.au/open-education/open-education-
resources/cc-information-pack-for-teachers-and-students
• Scootle: https://www.scootle.edu.au/ec/p/creativeCommons
147
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More information
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855
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Copyright for Educators - TAFE 4 March 2021

  • 1. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copyright for Educators - TAFE National Copyright Unit Alison Davis and Jessica Smith National Copyright Unit www.smartcopying.edu.au 1
  • 2. Copyright for Educators 4 March 2021 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 licenses ● 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. 2
  • 3. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Smartcopying website 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 3
  • 5. Copyright for Educators 4 March 2021 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 License (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/. 5
  • 6. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Outline 1. Copyright Basics 2. Text and Artistic Works 3. Films and Videos 4. Radio and TV Broadcasts 5. Music 6. Workshop 1 7. Commercial Activities and Seeking Permission 8. Creative Commons and Open Educational Resources (OER) 9. Workshop 2 10. Smartcopying Tips 6
  • 7. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Different types of material Text Films and Videos Musical Works Broadcasts Artistic Works What type of work do you want to use? Sound Recordings 7
  • 8. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using material for teaching Education Licences Creative Commons Licensed Permission Own Material Education Exception Can I use it? 8
  • 9. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copyright Basics National Copyright Unit www.smartcopying.edu.au 9 Copyright for Educators 4 March 2021
  • 10. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What does copyright protect? Artistic Literary Musical Dramatic ● paintings ● illustrations ● sculptures ● graphics ● cartoons ● photographs ● drawings ● maps ● diagrams ● buildings ● models of buildings ● 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 10 https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
  • 11. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Films Sound Recordings Broadcasts Published Editions ● films ● video recordings ● DVDs ● television programs ● advertisements ● music videos ● online films and videos ● digital recordings ● Vinyl ● CD ● DVD ● audio cassette tapes ● radio ● television ● typesetting (the layout and look of a publication) 11 What does copyright protect?
  • 12. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au A copyright owner’s rights A copyright owner has the exclusive right to: • copy • perform • communicate to the public the copyright material. 12 "Copyright graffiti" by opensourceway is licensed under CC BY-SA 2.0
  • 13. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copying Activities Communicating Activities Performance 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 ● uploading to a digital teaching environment (DTE), share drive ● emailing to students ● displaying or project on an interactive whiteboard 13 https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
  • 14. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copyright basics FAQs 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? 14
  • 15. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Text and Artistic Works National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/text-material/ 15 Copyright for Educators 4 March 2021
  • 16. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Statutory Text and Artistic Works Licence National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and- artistic-works-licence/ 16 Copyright for Educators 4 March 2021
  • 17. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Statutory Text and Artistic Works Licence (s 113P(1)) TAFE institutes may copy and communicate text and artistic works in both hardcopy and electronic form for educational purposes, provided the amount copied does not unreasonably prejudice the legitimate interests of the copyright owner. 17 Books story (vector, Inkscape, poster) by MaryKosowska is licensed under CC BY-NC-ND 2.
  • 18. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Statutory Text and Artistic Works Licence (s 113P(1)) The Statutory Text and Artistic Works Licence covers: • text works eg books, newspapers, journal articles, song lyrics, plays, poems, maps, websites • artistic works eg paintings, diagrams, photographs, animations in both hardcopy and electronic form. 18
  • 19. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What is a copy? Making a copy includes: • photocopying • scanning • printing • taking a photograph • making a video recording that displays the text • downloading works from a webpage or cloud storage drive or saving a copy to a digital teaching environment (DTE), personal computer, USB drive or personal cloud storage service. 19 Printer being used by person with paper and hand illustration by Brother UK is licensed under CC BY 2.0
  • 20. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What is a communication? A communication includes: • uploading material to a digital space for student access and use via password protected 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, Google Classroom or iTunes U) • emailing. 20
  • 21. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au How much can I copy and communicate? 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. • 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). 21
  • 22. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au How much can I copy and communicate? Teachers can copy and communicate whole artistic works under the Statutory Text and Artistic Works Licence. 22 "Geometrie Polygone Quadrate Dreiecke" is marked with CC0 1.0
  • 23. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What can teachers and students do under the Statutory Text and Artistic Works Licence? Under the Statutory Text and Artistic Works Licence, teachers and students can: • download a student worksheet from a teacher subscription site to provide students • copy images from stock image sites (eg Getty 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 uploading it on a DTE for students to access • display pages from a digital textbook to a class. 23
  • 24. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Smartcopying tips • Limit access to the minimum required number of students and staff. • Limit access to those who need the material for classroom and/or homework exercises. • Delete or archive/disable access to the material once it is no longer needed. 24
  • 25. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copied/communicated under the statutory licence in s 113P of the Copyright Act [Author, Title, Date] [Link to warning notice] A practical way of including this notice is to insert a link to the notice from the attribution information: 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. Notice requirements Where practicable, it is best practice to include the following notice on material copied/communicated under the statutory licence: 25
  • 26. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Images from the internet Educational use of freely available internet material, such as images, are not free and are paid for under the Statutory Text and Artistic Works Licence. Currently, the TAFE sector pays nearly $3 million each year under this licence. Some recent examples of “freely available images” from the internet paid for under the Statutory Text and Artistic Works Licence include: • ‘Fearful Face emoji’ on dictionary.com • 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. 26
  • 27. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au How do I know if an image from the internet will attract a fee? All images from the internet used by TAFEs will attract remuneration 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 the public domain (see duration of copyright) • the terms of use clearly allow for educational use (see Understanding website terms and conditions). 27
  • 28. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What is not covered? 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). 28
  • 29. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What if my intended use is not covered by the Statutory Text and Artistic Works Licence? You may be able to: • rely on one of the education exceptions • obtain permission from the copyright owner • use the material in a different way (link to it, create your own content inspired by the original material). 29
  • 30. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Performing and communicating copyright material in class (s 28) • Section 28 allows TAFEs to perform and communicate material 'in class' (includes remote students). • A free exception – no fees are paid. • Does not permit copying. • Includes any type of material. • Must be restricted to staff and students who need material. 30
  • 31. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Section 28 uses of text and artistic works • Reading aloud a story, news article, journal, handbook or other literary work • Displaying content from a live website on an interactive whiteboard. 31 "Feb 1: A Very Modern Lecture" by pjohnkeane is licensed under CC BY-SA 2.0
  • 32. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Flexible dealing (s 200AB) • If you want to use text or artistic works in a way not permitted by the statutory licences or other specific exceptions under the Copyright Act, you may be able to rely on the “flexible dealing” exception in s 200AB. • This exception permits TAFEs to make limited use of copyright material for free, for educational instruction, if the use satisfies a number of criteria. You must assess your proposed use against those criteria on a case-by-case basis. o TAFEs commonly rely on this exception to copy audio (eg iTunes music) and audio-visual content (eg YouTube videos). o If the material can be purchased in the format needed, then you must purchase it rather than relying on section 200AB. 32 https://smartcopying.edu.au/flexible-dealing/
  • 33. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Flexible dealing - guidelines Material must be needed for educational instruction: • teaching • preparing to teach • compiling resources for student homework or • research or doing anything else for the purpose of teaching). This exception does not apply to ‘just in case’ copying. 33 "Abstract City" by Won Kim is licensed under CC BY-NC-ND 4.0
  • 34. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Flexible dealing - guidelines Your use must 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 that instead of relying on the flexible dealing exception. If you are unable to buy or license the material, you may be able to rely on the flexible dealing exception provided you: • ensure no further copies or downloads can be made (eg if you are uploading content to the TAFE digital teaching environment (DTE), make sure it is view only) • limit access to the students/classes that need it for the specific instructional purpose (eg if you are uploading a film to the DTE for a journalism class, only make it available to the students in that class) • only use the amount of material that you need (eg 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 (eg if students need to access an excerpt of a documentary on the DTE for a course on marine biology, archive or disable access by students to the documentary once it is no longer needed by the students). 34
  • 35. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Common activities in relation to text and artistic works 1. Changing/adapting song lyrics when the changed/adapted lyrics are needed for educational instruction. 2. Creating an audiobook when you cannot purchase it and it is needed for educational instruction. 3. Making translations of works when you cannot purchase the translation and it is needed for educational instruction. 35
  • 36. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Exam copying exception • TAFEs are allowed to copy and communicate copyright material for use in online and hardcopy exams. • Covers all types of copyright material - images, text, music, films, videos, etc. • Does not extend to practice papers. Must be an actual exam. 36 https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
  • 37. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Disability copying exceptions 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’). 37 https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability- access-exceptions/
  • 38. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Disability copying exceptions 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. 38
  • 39. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Disability copying exceptions Under these exceptions, teachers can: • create a digital version of a hardcopy book and make any necessary adjustments, such as the font size or colour, to assist students with difficulties • create audiobooks for students with vision impairment. 39 "Facts about Languages" by Elaine_Smith is licensed under CC0 1.0
  • 40. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Organisational disability exception • Allows TAFEs 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. 40
  • 41. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Organisational disability exception Best practice to include the following notice where reasonably practicable: This material has been copied/made available to you under section 113F 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. 41
  • 42. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Fair dealing for the purpose of access by persons with a disability • The fair dealing for disability exception allows teachers 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. 42
  • 43. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Which disability exception applies? 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. 43
  • 44. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Students fair dealing • 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. 44 https://smartcopying.edu.au/students-and-copyright/ Adventures in copyright by opensource.com is licensed under CC BY-SA 2.0
  • 45. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Text and artistic works FAQs 1. Can I create a digital copy of a textbook by scanning the entire book and then uploading this to my TAFE’s LMS? 2. Can I download a worksheet from a personal subscription (eg Learning and Teaching Sustainability) and use this resource in my classroom? 3. Can I display a few pages of an e-book on an interactive whiteboard as part of a classroom activity/discussion? 4. Can I enlarge the font size of a book for a student with reading difficulties? 5. Can a student copy an image from Pinterest to use in their Photography project? 45
  • 46. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Films and Videos National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/films-and-videos 46 Copyright for Educators 4 March 2021
  • 47. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Playing films TAFEs can play films in class for educational purposes (under the s 28 exception) – this includes from streaming services such as Netflix. See http://www.smartcopying.edu.au/information- sheets/schools/performance-and- communication-of-works-and-audio-visual- material-in-class---what-am-i-allowed-to-do- 47 Open source film making with Todd Harris by opensource.com is licensed under CC BY-SA 2.0
  • 48. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copying films Teachers may be able to copy a film into a new format and upload to the TAFE’s password protected digital teaching environment (DTE) for a specific educational purpose under the flexible dealing exception provided: • they are not able to buy it in the required format • the film can only be viewed by the teachers and students in the relevant class (ie the film is accessible to students in one course as opposed to the students enrolled in the entire institute) • the teacher removes the film from the DTE or disables access by the students to the film immediately after the class. 48
  • 49. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copying films Some examples of uses that are permitted under the flexible dealing exception include: • format shifting audiovisual content from CD or DVD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording • making a digital copy of a DVD to upload to a TAFE’s DTE in order to play to a landscaping class • compiling extracts of audio-visual material for use in class (eg making a compilation of short extracts of several films for a photography class) when it is not possible to buy a similar teaching resource. 49
  • 50. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Downloading films from the internet • If a teacher wants to download a film from the internet and upload it to the TAFE’s DTE), they may be able to do this under the flexible dealing exception in very limited circumstances and following certain requirements. • Note that copying films from sites like YouTube or Vimeo may be contrary to their terms of use • It is better to simply play the film in class or provide a link to students 50
  • 51. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Technological Protection Measures exceptions A lot of digital content is now protected by TPMs. TPMs prevent you from making further copies or limits access to material. However, TAFEs are permitted to circumvent copy TPMs under the: • Statutory Text and Artistic Works Licence • flexible dealing exception in section 200AB • organisational disability exception in section 113F • fair dealing for disability exception in section 113E. 51
  • 52. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Disability copying exceptions Under these exceptions, teachers can provide captions, audio- descriptions or subtitles to audio visual material (eg YouTube, films, etc) for hearing impaired students. 52 Closed captions by Oregon State University is licensed under CC BY-SA 2.0
  • 53. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Exam copying exception • TAFEs are allowed to copy and communicate films (and other works) for use in online and hardcopy exams. • Does not extend to practice papers. Must be an actual exam. 53 "Exam" by albertogp123 is licensed under CC BY 2.0
  • 54. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Students fair dealing • Students can copy and communicate films 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. 54
  • 55. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Films and videos FAQs 1. Can I use my personal Netflix subscription to show a documentary in class for educational purposes? 2. Can I format shift a film in DVD format to MP4 to upload onto our TAFE’s LMS when the film is available to purchase in a digital format? 3. Can I take a screenshot from a film to use in a teaching resource? 4. Can I copy a part of a film to include in an exam? 55
  • 56. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Radio and Television Broadcasts National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 56 Copyright for Educators 4 March 2021
  • 57. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Statutory Broadcast Licence National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/education-licences/statutory- broadcast-licence/ 57 Copyright for Educators 4 March 2021
  • 58. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Statutory Broadcast Licence (s 113P(2)) • Only applies to TAFE WA and Bradfield Senior College (NSW). • Covers the copying and communication of: o television broadcasts from free-to-air television (ABC, SBS, channels 7, 9, 10, Gem, etc) o radio broadcasts from free-to-air radio (AM, FM, Digital) o scheduled broadcast content on subscription TV (eg Foxtel), excluding any on demand content offered by those subscription services (eg Foxtel On Demand and Kayo Sports) o online TV/radio programs from a free to air broadcaster’s website including podcasts and catch up TV, provided it has been broadcast by the free to air broadcaster. 58
  • 59. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Making and using the copy under the Statutory Broadcast Licence • Copy can be in any format (eg DVD, MP4). o Does not matter what recording device or platform you use to copy a program, including educational products/services such as ClickView, Functional Solutions, Kanopy or OnDemand Media. o Teachers or TAFE librarians may make the copies themselves or use an external resource centre, such as ClickView, Enhance TV or TV4Education to make and supply the copy. • You can: o upload or save the copy of a program to a password protected intranet or DTE o email a copy of a program to staff and students. • No limit to how much you can copy. 59
  • 60. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Use of radio and television broadcasts by TAFEs without a Statutory Broadcast Licence National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/use-of-television-programs-and-film-by-tafe- institutes-without-a-statutory-broadcast-licence/ 60 Copyright for Educators 4 March 2021
  • 61. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au TAFEs without a Statutory Broadcast Licence • Most TAFEs are not covered by the Statutory Broadcast Licence. These institutes cannot copy television or radio broadcasts or communicate copy broadcasts. • TAFE institutes are still able to: o play live broadcasts o play or communicate purchased content (eg television programs, series, films, documentary programs) o play online television programs (eg from ABC iView, SBS On Demand or other catch up television services). 61
  • 62. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au TAFEs without a Statutory Broadcast Licence However TAFEs without a Statutory Broadcast Licence cannot: • record television or radio programs from television or radio broadcasts (this includes copying by Fetch TV or similar products) • make further copies of television programs copied under the previous Statutory Broadcast Licence • keep copies of copy television or radio broadcasts made under the Statutory Broadcast Licence on a TAFE institute’s content management system, learning management system or intranet (including password protected intranet). • obtain copies of television or radio broadcasts from resource centres such as Enhance TV, Informit or ClickView • upload and/or make available copy broadcasts to intranets (including password protected intranets), content or learning management systems. 62
  • 63. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Radio and television broadcast FAQs 1. Can I play a documentary from ABC iView to my class? 2. Can I copy a television program to play to my class? 3. Can I format shift a DVD copy of a TV program which was made when my institute had the Statutory Broadcast Licence so that I can upload it to show online to my class? 4. If my institute does not have a Statutory Broadcast Licence, does that mean we cannot show any videos in class? 63
  • 64. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Music National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/music-copyright-guide-for-tafes/ 64 Copyright for Educators 4 March 2021
  • 65. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au How can I use music in TAFE? In the classroom (copyright exceptions) Outside the classroom Section 28 (to play/perform music and sound recordings in the classroom) Voluntary TAFE Music Licence with APRA, AMCOS, ARIA and PPCA from 1 January 2021 for TAFEs in NSW, QLD, ACT and TAS. Flexible Dealing (applies in limited circumstances if no other exception applies and it is for educational instruction) Check and if needed obtain specific ad-hoc licences with APRA AMCOS for TAFE institutes in WA, SA and the NT. Fair Dealing (to copy or communicate music and sound recordings for a teacher or student’s own research or study) All TAFE institutes can also use Creative Commons music. 65
  • 66. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Music in the classroom (copyright exceptions) National Copyright Unit www.smartcopying.edu.au 66 Copyright for Educators 4 March 2021
  • 67. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music in the TAFE classroom (s 28) Teachers and students in all TAFEs can perform musical works live or play recorded music in class (includes virtual classes) under s 28 of the Copyright Act, provided it is: • in the course of education • the people in the audience or class are giving or receiving instruction. Teacher can also upload sound recordings to a TAFE intranet or DTE in order to play them in class, but they should remove them from the intranet/ DTE, or remove access to the sound recordings by students, as soon as class is over. 67
  • 68. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Music examples – what teachers and students can do under s 28 Examples of what teachers and students can do include: • singing musical work and playing instruments in class • performing a musical work in a virtual class using a DTE • using a DTE to show the score of a musical work to external students so that those students can play along to the score in a virtual class • playing a sound recording in class in any format (eg digital music from Spotify or Apple music, Google Play Store, CD) using a DTE, interactive whiteboard or virtual classroom software • playing a film (DVD or online film) in class which contains a musical work and/or sound recording using a DVD player or DTE. 68
  • 69. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au What is not covered? Section 28 does not cover communicating or performing a work at a TAFE event where there is no teaching involved (eg graduation, open day, fashion show, workplace such as a hair salon). 69 "Music Note Bokeh" by all that improbable blue is licensed under CC BY-NC-SA 2.0
  • 70. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music (other exceptions) Flexible Dealing If TAFEs want to copy and communicate musical works or sound recordings for educational instruction they may be able to rely on the flexible dealing exception (eg to prepare an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need). See Flexible Dealing Exception, see also Students and Copyright. Disability Exceptions If you are copying or communicate musical works or sound recordings in order to make them accessible to a student with a disability, you may be able to do this under the disability exceptions (eg uploading a braille film score to a password protected DTE for a student with a visual impairment, where the braille version is not available in a digital format). See Disability Access Exceptions. 70
  • 71. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music (other exceptions) Exam Copying Teachers are allowed to copy and communicate musical works and sound recordings for use in online and hardcopy exams. This exception does not extend to practice papers. You can only rely on this exception to copy and communicate copyright material for actual exams and assessments. See Exam Copying. Fair Dealing TAFE teachers will only be able to rely on the fair dealing exception in limited circumstances (ie it must be for their own research and study and not the research and study of their students). However, TAFE students using musical works and or sound recordings as part of their study, will generally be able to rely on the fair dealing exception for research and study. For example, TAFE students may be able to rely on the fair dealing exception to use musical works and sound recordings in an assignment as part of a ‘Sound and Music’ course. See Copyright Exceptions. 71
  • 72. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Music outside the classroom National Copyright Unit www.smartcopying.edu.au 72 Copyright for Educators 4 March 2021
  • 73. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) From 1 January 2021, TAFEs in NSW, QLD, ACT and TAS can rely on the TAFE Music Licence with APRA AMCOS, ARIA and PPCA to perform musical works live (eg a live performance by a TAFE band) and use sound recordings in different ways outside the classroom environment. 73 "music" by craigCloutier is licensed under CC BY-SA 2.0
  • 74. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) For example, TAFEs can: • perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open Day) • play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show) • play a sound recording as background music in TAFE businesses (eg TAFE training restaurants, fitness centres or cafes) • play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices) • incorporate a sound recording into another work (eg adding music to a PowerPoint presentation) • live stream TAFE events at which a musical work is performed or sound recording played from a TAFE’s social media platform (eg Facebook Live and YouTube), however it is still possible that the performance may be muted or blocked. 74
  • 75. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) Recording your TAFE event TAFEs can: • record TAFE events that include the performance of a musical work live or a sound recording • authorise a third party (eg a professional videographer hired to film a TAFE fashion show or graduation ceremony) to make a recording of a TAFE event on its behalf • use the recording in the ways listed below. 75
  • 76. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) What can I do with the recording of our TAFE event? TAFEs can do the following with the recording of their TAFE event(s): • upload the recording to the TAFE website and/or DTE • upload the recording to educational apps being used for TAFE communications (eg Skillslocker) • email a digital copy of the recording to the TAFE community (students and parents) • provide a physical copy to the TAFE community (for example, on a USB device) • upload the recording to the TAFE’s official social media page (although where a musical work or sound recording is played at the TAFE event the post may still be taken down). 76
  • 77. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) Incorporating sound recordings into other works TAFEs can incorporate a sound recording into another unrelated work (eg add a backing track to a PowerPoint presentation or to a video of a graduation ceremony). TAFEs can then: • upload the recording to the TAFE website, password protected intranet or password protected DTE • email or provide a physical copy of the recording to students and their families • upload the recording to an educational app (for example ‘SkillsLocker’). Note, however, the TAFE cannot upload this work to social media. 77
  • 78. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (NSW, QLD, ACT, TAS) Live streaming your TAFE event TAFEs can live stream events, where a musical work is performed live and/or a sound recording is played, in real time from TAFE social media platforms (such as Facebook or YouTube). However, for live streams where a musical work or sound recording is being played on social media, it is still possible that the performance may be blocked or muted. 78
  • 79. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (WA, SA, NT) • TAFEs in WA, SA and NT are not currently covered under the new TAFE Music Licence. • If TAFEs in these jurisdictions want to use music in ways not covered by the exceptions in the Copyright Act, they will need to obtain specific licences from OneMusic (APRA and PPCA) or directly from the copyright owner, or use music from other resources. • Some common activities you will need to obtain licences for: o fashion shows, open days or graduation ceremonies o TAFE businesses such as fitness centres, restaurants and hair salons o TAFE corporate areas (eg staff rooms, reception areas) o telephone on hold music. • It is a good idea for TAFEs to contact their local copyright manager to see if their TAFE has OneMusic licences in place for these activities. 79
  • 80. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Using music outside the TAFE classroom (WA, SA, NT) There may be instances where TAFEs in these jurisdictions can use alternative sources of music such as: • free music available under Creative Commons licences or • alternative music licences to those offered by OneMusic (eg Audio Network, Visual Sounds and Music on Hold). 80
  • 81. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Creative Commons music (all TAFEs) TAFEs in all jurisdictions can use CC musicals works and sound recordings free of charge provided you comply with the terms of the CC licence. There are several websites that license musical works and sound recordings under a CC licence, including: • SoundCloud – online sharing platform with option to filter search results for CC content • Vimeo – online community with option to search for CC content • CC Mixter – CC sound remix tool and archive • Op Sound – CC music archive • Magnatune – CC Record label • Jamendo – CC music distribution site • Freesound – collaborative data base of CC licensed sounds. 81
  • 82. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Music FAQs 1. Can I play music from Spotify in my class for educational purposes? 2. Can we play live music at a TAFE event (eg Open Day)? 3. Do we need a licence to play background music at our TAFE operated restaurant? 4. Can we play pre-recorded music at a TAFE graduation ceremony? 82
  • 83. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au WORKSHOP 1 National Copyright Unit www.smartcopying.edu.au 83 Copyright for Educators 4 March 2021
  • 84. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Case study 1 – Text and artistic works Josie, a social work teacher, is preparing a teaching resource. She: 1. photocopies pages from a textbook to hand out to students in her class 2. uploads a list of website links to the TAFE LMS for her students to access 3. prints an illustration from the internet for each student in her class 4. scans and uploads to the TAFE LMS an entire textbook that is no longer in print and it is not commercially available 5. downloads other people's lecture notes, student quizzes and worksheets from a subscription site (eg the Learning and Teaching Sustainability site) 6. copies a textbook and modifies it by changing the size of the text and the contrast of the colours for a student who is visually impaired. Is Josie allowed to do each of the activities? If yes, are there any restrictions on how she can use it (eg consider copying limits, labelling requirements)? 84
  • 85. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Case study 2 – Films, videos and broadcasts Samantha is a librarian who has been asked by teachers in her TAFE if they are allowed to: 1. create a teaching resource that includes YouTube clips 2. play a film from Netflix to a class for educational purposes via an interactive whiteboard 3. make a digital version of a DVD 4. caption videos for students with hearing disabilities 5. upload two minutes of a film onto the TAFE LMS and provide students access to it for use in an online exam, when the film is commercially available on Google Play 6. record a copy broadcast of a free-to-air TV program to play it to the class. What should Samantha 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? 85
  • 86. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Case study 3 – Music Jake is a music production teacher. He: 1. plays music in class as part of his lessons 2. is organising a TAFE music open day and wants to play recorded music at the event 3. intends to video the event and upload the recording to the TAFE website 4. is preparing an online exam, and wants to include some extracts of popular music in the exam questions Is it okay for Jakes to do these activities? Does it make a difference what jurisdiction Jake is in? 86
  • 87. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial Activities and Seeking Permission National Copyright Unit www.smartcopying.edu.au 87 Copyright for Educators 4 March 2021
  • 88. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial activities 1. Can TAFEs sell materials created under the Statutory Text and Artistic Works Licence? A TAFE is permitted to rely on the Statutory Text and Artistic Works Licence, provided the materials copied under the Statutory Text and Artistic Works Licence are provided at no more than cost, ie the sale price only covers the physical production of the materials and/or other direct costs, and does not include a profit margin. 2. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy materials, which are provided at cost, when delivering a professional development course for a commercial client? A TAFE is permitted to rely on the Statutory Text and Artistic Works Licence, provided the materials copied under the Statutory Text and Artistic Works Licence are provided at no more than cost, ie the sale price only covers the physical production of the materials and/or other direct costs, and does not include a profit margin. 88
  • 89. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial activities 3. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course materials for ‘hobby courses’ and non-accredited courses? Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the materials are provided at no more than cost. 4. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy class materials for TAFE students based in other countries, where course delivery takes place overseas? It does not make a difference where the course is delivered (eg at the campus or at an external location). TAFEs can rely on the Statutory Text and Artistic Works Licence so long as: • the students are undertaking a course conducted by the Australian TAFE institute • any print materials are copied in Australia, and digital materials are stored and uploaded to a server from Australia. It does not matter whether the students are taught by staff of the TAFE institute or by local teachers overseas. 89
  • 90. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial activities 5. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course materials for a mainstream course if there are full paying students undertaking the course? Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the materials are provided at no more than cost. 6. Can TAFEs provide for a fee, course materials which include content copied under the Statutory Text and Artistic Works Licence to another TAFE institute in another jurisdiction or a commercial entity (eg for in-house training)? Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the materials are provided at no more than cost. 90
  • 91. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial activities 7. If content is available under a ‘non-commercial only’ Creative Commons licence, does this allow a TAFE to use it in course materials for courses where students are charged more than the actual cost of producing the resources? No, as the materials are being supplied for financial profit. 8. Where a TAFE and a private RTO share delivery of a course, can educational Statutory Text and Artistic Works Licence materials be used in the course materials? Yes, this is allowed. 9. Where a TAFE offers vocational courses to school students, can the course materials incorporate educational Statutory Text and Artistic Works Licence materials? Yes, if the course is provided by the TAFE institute. However, only the TAFE (not the RTO) can use Statutory Text and Artistic Works Licence material. For more information, see https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/. 91
  • 92. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Seeking permission and consents Seeking permission Consent from students TAFE institutes only need to seek permission from the copyright owner 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 TAFE 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. Consent is required from a student (or their guardian) if a TAFE is using material created by students and/or using photos or videos of students internally (eg on a password protected digital teaching environment (DTE) or classroom) or externally (eg on the TAFE website or social media platforms such as 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 TAFE (eg an information booklet, poster or on the TAFE website). For information about when permission is required and sample permission requests, see https://smartcopying.edu.au/guidelines/permissions-and-consents/. 92
  • 93. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Commercial activities and seeking permission FAQs 1. We are providing a professional development course. Can we sell for profit, materials which include images copied under the Statutory Text and Artistic Works Licence? 2. How would I go about seeking permission to copy an entire safety manual produced by a mining company? 93
  • 94. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Open Education Resources and Creative Commons 94 Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au
  • 95. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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 95 https://smartcopying.edu.au/introduction-to-oer/
  • 96. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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. https://smartcopying.edu.au/what-is-creative-commons/ 96 "Creative Commons" by Skley is licensed under CC BY-ND 2.0
  • 97. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Creative Commons: How it all works • 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. This Photo by Unknown Author is licensed under CC BY-SA 97
  • 98. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Benefits for schools and TAFEs 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 1.8 billion Creative Commons licensed works. 98
  • 99. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au CC licence elements 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 99
  • 100. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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. 100
  • 101. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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. 101
  • 102. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Finding CC licensed resources National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/ 102 Copyright for Educators 4 March 2021
  • 103. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Best way to find CC materials The best place to start is CC Search: https://ccsearch.creativecommons.org/ You can also search for CC licensed material on Google, YouTube and Flickr. "Large copyright sign made of jigsaw puzzle pieces" by Horia Varlan is licensed under CC BY 2.0 103 https://smartcopying.edu.au/how-to-find-creative-commons-materials-using- the-creative-commons-search-portal/
  • 104. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au CC Search 104
  • 105. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au CC Search one-click attribution One-click attribution: CC Search gives you the attribution for all images. Makes it much easier to credit the source of any image you discover. 105
  • 106. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au CC Search sources 106
  • 107. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Google advanced search Two options 1. Go directly to the advanced search page: https://www.google.com.au/advanced_search. 2. After searching for something on the normal Google search, you can filter so that the search results given are only free, openly licensed materials.  To apply the filter: first, go into your advanced search settings, which are found in the settings tab on the right hand side of your search result. 107 https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/
  • 108. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 108
  • 109. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Google advanced search • Once you’re in the advanced settings, the usage rights filter is at the very bottom. 109
  • 110. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au National Copyright Unit @smartcopying.edu #hashtagSmartcopying An Internal Guide for Departments of Education and Non-Government Administering Bodies 110
  • 111. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Searching Google for openly licensed images • Advanced search as described above or • Google has a simpler way to filter Google images by reuse rights (ie, openly licensed resources). 111
  • 112. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Searching Google Images for openly licensed images After you search for an image, all you have to do is click “Search tools” and select the “Usage Rights” that reflect your use. All four usage rights allow for educational use. 112
  • 113. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au YouTube – Filter for CC videos To find CC licensed YouTube clips, after you do a search: • click on the filters option; and • under ‘Features’ selected Creative Commons. 113 https://smartcopying.edu.au/how-to-find-creative-commons-material-using-youtube/
  • 114. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au YouTube – Filter for CC videos 114
  • 115. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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. 115
  • 116. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Flickr • 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. 116
  • 117. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Flickr 117
  • 118. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Other places to find CC material • 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 118
  • 119. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au CC plugins • CC Plugin for WordPress Websites: allows for easy searching and use of CC- licensed images for WordPress websites: https://wordpress.org/plugins/ls-wp- ccsearch/. • CC Add-in for Microsoft office: enables you to embed Creative Commons licenses directly into Word, PowerPoint, and Excel documents: https://www.microsoft.com/en-us/download/details.aspx?id=13303. • A number of other plugins to help search for, integrate and licence CC material: https://wordpress.org/plugins/tags/creative-commons/. • The CC Search Browser Extension is an open-source, lightweight plugin that can be installed and used by anyone with an updated web browser. 119
  • 120. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Licensing your learning resources under CC National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/applying-a-creative-commons-licence/ 120 Copyright for Educators 4 March 2021
  • 121. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Applying a CC licence to your learning resources • TAFEs 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/. 121
  • 122. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Applying a CC licence to your learning resources 1. Issues and concerns around licensing TAFE learning resources under CC: o improper attribution of TAFE owned materials o competition between education providers. 2. Possible solutions to these issues and concerns: o be very clear with your attribution requirements. Attribution is a condition of all CC licences. o consider the SA licence. 3. Get in touch with the NCU for additional guidance and help. 122
  • 123. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Which CC licence? • CC BY is recommended where you are happy with anyone using your material as it allows for the greatest possible reuse of licensed material provided you attribute the material. • CC BY SA (Share Alike) if you have some concerns about how your material will be used, CC BY SA is recommended. This licence allows others to use the material in a new resource provided the new resource is made available under the same licence. Selling content for cost recovery or commercial purposes is allowed under this licence. • CC BY NC SA (Non-Commercial, Share Alike) is recommended if you do not wish for your material to be used for profit. Under this licence, any new material using your material cannot be sold for commercial purposes and in addition the new material must be made available under the same licence. 123
  • 124. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Adding a CC licence to learning resources 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/. 124
  • 125. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Adding a CC licence to learning resources Then include a copyright statement on your resource. Here’s some examples: • © NSW Technical and Further Education Commission (TAFE NSW) – [Agency name], 2020. Except as otherwise noted, this [insert learning resource title] is licensed under the Creative Commons Attribution-ShareAlike 4.0 International Licence. To view a copy of this licence, visit https://creativecommons.org/licenses/by-sa/4.0/. • © NSW Technical and Further Education Commission (TAFE NSW) – [Agency name], 2020. Except as otherwise noted, this [insert learning resource title] is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence. To view a copy of this licence, visit https://creativecommons.org/licenses/by-nc-sa/4.0/. The copyright statement and CC licence can be placed on the first and/or last page of your learning resource or in the footer of the resource so that it travels onto every page. 125
  • 126. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Third party content • You cannot apply a Creative Commons licence to third party 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. 126 https://smartcopying.edu.au/how-to-label-third-party-content-in-creative- commons-licensed-material/
  • 127. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au How to label third party content 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. Giving 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. Giving 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. 127
  • 128. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Attribution National Copyright Unit www.smartcopying.edu.au https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/ 128 Copyright for Educators 4 March 2021
  • 129. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Attributing CC material Teachers can use CC licensed materials as long as you follow the license 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 2.0 129
  • 130. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Where should I place the attribution? • 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, TAFE intranet, LMS etc). 130
  • 131. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Attributing CC material 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. 131
  • 132. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Attributing CC material 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. 132
  • 133. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Attributing TAFE owned material • Material that has been created by your TAFE should be clearly labelled as such in order to avoid paying fees under the Statutory Text and Artistic Works Licence to use the material. • This is best done with a footer on each page. • Examples: o © [TAFE name] – [institute name], 2020 o © [TAFE name] – [institute name], 2020. Except as otherwise noted, this [insert content title] is licensed under the Creative Commons Attribution-ShareAlike 4.0 International Licence. To view a copy of this licence, visit https://creativecommons.org/licenses/by- sa/4.0/. • If you are licensing a website under CC or have questions about labelling third party content, see Applying a Creative Commons Licence. 133
  • 134. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Creative Commons Quiz National Copyright Unit www.smartcopying.edu.au https://www.oerafrica.org/communication/find-open- content/index.html#/lessons/_JVZ0dzfoYEImW4tZxtuA1hgwWiLd23q 134 Copyright for Educators 4 March 2021
  • 135. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Useful OER and CC links • 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 135
  • 136. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au WORKSHOP 2 National Copyright Unit www.smartcopying.edu.au 136 Copyright for Educators 4 March 2021
  • 137. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Case study 4 – Creative Commons Issy is a marine biology teacher at a TAFE. 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 use an illustration that has been licensed under a CC BY ND licence in her resource? 4. can she use an image that she sourced from the internet in her resource? 5. if she applies a Creative Commons licence to the resource, does that mean she has to make it available on the internet? 137
  • 138. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Case study 5 – Creative Commons Manuel is preparing teaching resources for his urban planning course. He finds some great material by Amelia Blue that is licensed under a CC BY ND licence. He wants to: 1. copy the material and use it as part of his teaching resources. 2. make changes to it, including substantially editing the content. 3. upload Amelia’s material to a public urban planning website. 4. adapt his teaching resources into a publication that he will sell. Are these activities okay? How should Manuel attribute Amelia Blue? 138
  • 139. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Smartcopying Tips National Copyright Unit www.smartcopying.edu.au 139 Copyright for Educators 4 March 2021
  • 140. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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 2.0 140
  • 141. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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 image. 141
  • 142. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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 of: o the copyright owner and/or author o where the material was sourced from o when it was sourced. This Photo by Unknown Author is licensed under CC BY-NC. Modifications: recoloured. 142
  • 143. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Smartcopying tips Limit – ensure access to material is limited to the relevant staff/students only • Once material is communicated to an entire school/campus 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. 143 Login Computer Internet Password Security by Max Pixel is licensed under Creative Commons Zero - CC0. Modifications: recoloured.
  • 144. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au 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 4.0 144
  • 145. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Tips for encouraging compliance with copyright TAFEs can do the following to ensure student and staff compliance with copyright obligations: • Encourage the use of the Smartcopying website and contact NCU with any copyright questions • NCU leads a ‘Copyright for Educators’ course – this is a free online course for all Australian school and TAFE teachers and librarians • Ensure students and teachers 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. 145
  • 146. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Copyright 4 Educators online course • Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources. • 7 week course. Three courses run in 2020, with over 150 learners taking the course. • 2021 dates: 3 May – 20 June 2021 (enrolments open 26 April 2021). • More information on the Smartcopying website: http://www.smartcopying.edu.au/educational-resources/copyright-4- educators-course. 146
  • 147. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au Helpful resources • CC Information Pack for Teachers and Students: http://www.smartcopying.edu.au/open-education/open-education- resources/cc-information-pack-for-teachers-and-students • Scootle: https://www.scootle.edu.au/ec/p/creativeCommons 147
  • 148. Copyright for Educators 4 March 2021 National Copyright Unit www.smartcopying.edu.au More information www.smartcopying.edu.au slideshare.net/nationalcopyrightunit smartcopying@det.nsw.edu.au 02 7814 3855 148