Copyright for Educators TAFE - November 8 2021

National Copyright Unit
www.smartcopying.edu.au
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Copyright for Educators
November 8th 2021
Copyright for
Educators - TAFE
Jessica Smith and Arabi Shivaramanan

November 8th 2021
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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November 8th 2021
Smartcopying website
• 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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@smartcopying.edu
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November 8th 2021
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/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and
TAFEs)
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November 8th 2021
Outline
1. Copyright Basics
2. Statutory Text and Artistic
Works Licence
3. Statutory Broadcast Licence
4. Music
5. Education Exceptions
6. Commercial Activities and
Seeking Permission
7. Open Educational Resources
(OER) and Creative
Commons (CC)
8. Workshop
9. Smartcopying Tips
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November 8th 2021
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/ 7

November 8th 2021
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of
buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction
manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
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https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
What does copyright protect?

November 8th 2021
www.smartcopying.edu.au 9
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple
TV, Google Play, Netflix,
Stan, etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television

November 8th 2021
A copyright owner has the exclusive
right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
A copyright owner’s rights
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"Copyright graffiti" by opensourceway is
licensed under CC BY-SA 2.0

November 8th 2021
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
Copying Activities Performance Activities Communication Activities
● scanning
● downloading
● printing
● saving to another device –
USB, hard drive, mobile
phone, tablet
● photocopying
● taking a digital
photo/screenshot
● playing films and music
● singing songs
● playing instruments
● acting out a play
● reading a book or reciting a
poem to a class
● display or project on an
interactive whiteboard
● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students

November 8th 2021
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?
Copyright basics FAQs
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November 8th 2021
Using material for teaching
Statutory
Licences
Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
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Can I use it?
Voluntary
Licences

November 8th 2021
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-
and-artistic-works-licence/
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November 8th 2021
TAFE institutes may:
• copy and communicate text and artistic works
for educational purposes
• in both hardcopy and electronic form
• provided the amount copied does not
unreasonably prejudice the legitimate
interests of the copyright owner.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/ 15
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster)
by MaryKosowska is licensed under
CC BY-NC-ND 2.

November 8th 2021
This Licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, websites
• artistic works – paintings, maps, diagrams, photographs, animations
in both hardcopy and electronic form.
Works Licence
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November 8th 2021
What is a copy?
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• downloading works from a webpage or cloud
storage drive
• saving a copy to a digital teaching environment
(DTE), personal computer, USB drive or
personal cloud storage service.
Printer being used by person
with paper and hand illustration
by Brother UK is licensed under
CC BY 2.0

November 8th 2021
What is a communication?
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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 Google Classroom)
• emailing.

November 8th 2021
How much can I copy and
communicate of a text work?
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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.

November 8th 2021
When can I copy and
communicate more of a text work?
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You may be able to copy and communicate more of a text work (eg the whole work)
if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.

November 8th 2021
Teachers can copy and
communicate whole artistic
works under the Statutory Text
and Artistic Works Licence.
How much of an artistic work
can I copy and communicate?
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"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0

November 8th 2021
What can teachers do under the
Works Licence
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Under the Statutory Text and Artistic Works Licence, teachers can:
• download a learning resource from the internet
• copy images to use in a teaching resource
• photocopy a chapter of a manual to hand out in class
• download maps from a website to hand out to students
• copy a chapter of a textbook and upload it to a DTE for students to access
• email a worksheet and PowerPoint to students.

November 8th 2021
Smartcopying tips
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• Link or embed content instead of downloading or communicating – linking
and embedding are not copyright activities.
• Limit access to the minimum required number of students and staff.
• Delete or archive (ie disable access) to the material once it is no longer
needed.

November 8th 2021
Images from the internet
Educational use of images from the internet 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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November 8th 2021
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 in the public domain (see How
long does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).
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November 8th 2021
What is not covered?
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The Statutory Text and Artistic Works Licence doesn’t permit:
• mass digitisation of books
• mass copying of e-books
• copying of software
• placing content online for anyone to access (eg on Facebook, YouTube,
Instagram, etc).

November 8th 2021
What if my intended use is not
covered?
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You may be able to:
• 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)
• rely on one of the education exceptions discussed later in this
PowerPoint.

November 8th 2021
Labelling and attribution
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You should always attribute any material you copy and communicate with as much of the following as
possible:
1. the basis on which the material was copied (eg “Copied under s 113P of the Copyright Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher, edition or date of
publication, ISBN/ISSN or URL]

November 8th 2021
Copied under s 113P of the Copyright Act
[Author, Title, Publisher, Edition or date of publication, ISBN/ISSN or
URL]
[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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https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/

November 8th 2021
Works Licence FAQs
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1. Can I create a digital copy of a textbook by scanning the entire book and then
uploading this to my TAFE’s DTE?
2. Can I download a worksheet from the internet and use this resource in my
classroom?
3. Can a teacher scan an article from a journal to use in their Health Science
teaching resource?
4. Can I copy an image from Google Images into a PowerPoint presentation to
show my class?

November 8th 2021
Statutory Broadcast
Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 31

November 8th 2021
Statutory Broadcast Licence
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Only applies to TAFE WA.
Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
TAFEs obtain copies of TV or radio broadcasts from resource centres (eg ClickView) or by
copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for TAFEs. TAFEs access these copy broadcasts
through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

November 8th 2021
Making and using the copy under
the Statutory Broadcast Licence
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• The copy broadcast can be in any format (eg DVD, MP4) and format shifted as
needed.
• You can use the copy broadcast in the following ways:
○ play it in class
○ make additional copies as needed (eg download it if the resource centre
offers this option, or copy it to a USB for students)
○ communicate the copy broadcast (eg upload a copy to a password
protected DTE or email it).
• No limit to how much you can copy or communicate.

November 8th 2021
What is not covered
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The Statutory Broadcast Licence does not cover:
• online programs from subscription TV/Radio broadcasters
• on-demand content from subscription TV that has not been previously
broadcast (Foxtel On Demand or Kayo Sports)
• television programs from streaming services (Netflix, Stan)
• purchased television programs from Apple TV, Google Play, online or retail
stores
• films or DVDs which are bought or rented by the TAFE
• online videos (YouTube, vimeo, TeachersTube, Edmodo, Khan Academy)
• online games.

November 8th 2021
Notice Requirements
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Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Program title, Channel, Date copied]
[Link to warning notice]
Warning
This material has been copied [and communicated to you] in accordance
with the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject
of copyright protection under the Act. Do not remove this notice.
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/

November 8th 2021
TAFEs without a Statutory
Broadcast Licence
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• 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).
https://smartcopying.edu.au/use-of-television-programs-and-film-by-tafe-institutes-without-a-
statutory-broadcast-licence/

November 8th 2021
TAFEs without a Statutory
Broadcast Licence
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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 password protected intranet or DTE
• 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.

November 8th 2021
Statutory Broadcast Licence
FAQs
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1. Can I copy a television program to play to my class?
2. 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?
3. Can I show videos in class if my institute is not covered by
the Statutory Broadcast Licence?

November 8th 2021
Music
https://smartcopying.edu.au/music-copyright-guide-for-tafes/ 39

November 8th 2021
Using music outside the TAFE
classroom (all except WA)
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From 1 January 2021, TAFEs in NSW, QLD, SA, ACT, TAS and NT 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.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

November 8th 2021
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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) to
show at an event
• record, communicate and live stream TAFE events at which a musical work is performed or sound
recording played.

November 8th 2021
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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.

November 8th 2021
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What can I do with the recording of our TAFE event?
TAFEs can use the recording of their TAFE event(s) in the following ways:
• upload it to the TAFE website and/or DTE
• upload it to educational apps being used for TAFE communications (eg Skillslocker)
• email a digital copy to the TAFE community (students and parents)
• provide a physical copy to the TAFE community (for example, on a USB device)
• upload it 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).

November 8th 2021
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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.

November 8th 2021
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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.

November 8th 2021
classroom (WA)
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• TAFEs in WA are not currently covered under the new TAFE Music Licence.
• If you want to use music in ways not covered by the exceptions in the Copyright Act, you will need to obtain
specific licences from OneMusic (APRA AMCOS and PPCA) or directly from the copyright owner, or use music
from other resources.
• For example, you would need to obtain licences to play music at:
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.

November 8th 2021
classroom (WA)
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There may be instances where TAFEs in WA 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).

November 8th 2021
Creative Commons music (all
TAFEs)
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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.

November 8th 2021
Music FAQs
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1. Can we play live music at a TAFE event (eg Open Day)?
2. Do we need to obtain a licence to play background music at our
TAFE operated restaurant?
3. Can we play pre-recorded music at a TAFE graduation ceremony?
4. Can we record a TAFE event and place the recording on our
Facebook page?

November 8th 2021
Education
Exceptions
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November 8th 2021
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https://smartcopying.edu.au/performance-and-communication-of-copyright-
material-in-tafe-classes/
Performing and
Communicating Material in
Class (s 28)

November 8th 2021
Performing and communicating
copyright material in class (s 28)
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• 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 – the ‘show and tell’ exception.
• Includes any type of material.
• Must be restricted to staff and students who need material.

November 8th 2021
Section 28 uses
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• Reading aloud a story, news article, journal, handbook or other literary work.
• Playing:
o television programs from free to air and pay television
o radio programs from free to air radio and digital radio stations
o television programs from streaming services (eg Netflix, Stan)
o a film in any format (eg DVD or a film from Apple TV, Google Play, etc)
o purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music, Google
Play).
• Staging a performance of a play or performing live music in class.
• Displaying content from a live website on an interactive whiteboard.

November 8th 2021
What is not covered?
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Section 28 does not cover communicating or performing
a work:
• to the parents of students
• for a fundraising activity
• at a TAFE event where there is no teaching
involved (eg graduation, open day, fashion show,
workplace such as a hair salon, etc).
Open source film making with Todd Harris
by opensource.com
is licensed under CC BY-SA 2.0

November 8th 2021
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https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)

November 8th 2021
Flexible dealing (s 200AB)
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• Teachers commonly rely on this exception to copy audio (eg Apple
Music songs) and audio-visual content (eg YouTube videos).
• Section 200AB is a flexible exception that can be used by
TAFEs when no other exception or licence applies.
• You must assess your proposed use on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section
200AB.

November 8th 2021
Flexible dealing guidelines
57
Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction (eg teaching particular lesson or course) AND
• Educational instruction includes:
○ teaching
○ preparing to teach
○ compiling resources for student homework or research
○ doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
• If you can buy the material in the format you need within a reasonable time, or obtain a licence for your
proposed use on reasonable terms, then you must do so.

November 8th 2021
Flexible dealing guidelines
58
If you meet those criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made - if you are uploading content to the
TAFE DTE, make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose -
if you are uploading a film to the DTE for a Journalism class, only make it available to the
students in that class
• only use the amount of material that you need - if you only need to show students an
extract of a film, you won’t be able to rely on the flexible dealing exception to copy the
entire film
• only make the material available for the time needed for the course of study - if
students need to access an excerpt of a documentary on the DTE for a course on digital
media and technology, archive or disable access by students to the documentary once it is
no longer needed by the students.
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.

November 8th 2021
Common flexible dealing
activities
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Some examples of uses that may be permitted under the flexible dealing exception include:
• format shifting audiovisual content from CD or DVD to digital for use on devices 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.

November 8th 2021
YouTube, Apple TV, Google
Play and Netflix
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• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state
content can only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances,
you may be able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be
in breach of contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• TAFEs can manage risk by only using content under the exceptions in the Copyright Act.
Contact the NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/

November 8th 2021
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/copying-for-exams/
Exam Copying Exception

November 8th 2021
Exam copying exception
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• TAFEs are allowed to copy and communicate copyright material for use
in online and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos,
etc.
o actual exams and assessments.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

November 8th 2021
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access
Exceptions

November 8th 2021
Disability access exceptions
64
The Copyright Act contains two free disability access exceptions:
1. use of copyright material by organisations assisting persons with a
disability (section 113F) (‘organisational disability exception’) and
2. fair dealing for the purpose of assisting persons with a disability (section
113E) (‘fair dealing for disability exception’).

November 8th 2021
Disability copying exceptions
65
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.

November 8th 2021
Disability copying exceptions
66
• Under these exceptions, teachers can:
o create a digital version of a hardcopy book and make any necessary adjustments,
such as the font size or colour, to assist students vision impairments
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for hearing impaired students
o create audiobooks for students with vision impairment.
• Both exceptions can be used by teachers to assist students with a disability, but the
circumstances in which they apply differ.

November 8th 2021
Organisational disability
exception
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• 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.

November 8th 2021
Fair dealing for the purpose of
access by persons with a
disability
68
• 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.

November 8th 2021
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.
69
Which disability exception
applies?

November 8th 2021
Organisational disability
exception
70
Best practice to include the following notice where reasonably
practicable:
This material has been copied/made available to you under
section [113E/113F (delete as required)] of the Copyright Act.
Any further reproduction or communication of this material by you
may be the subject of copyright protection under the Act. Do not
remove this notice.

November 8th 2021
71
https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

November 8th 2021
Students fair dealing
72
• 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.
"classroom" by Lauren Manning is
licensed under CC BY 2.0

November 8th 2021
Education exception FAQs
73
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 DTE when the film is available to purchase in a digital format?
3. Can I copy a part of a film to include in an exam when the film is
commercially available?
4. Can I enlarge the font size of a book for a student with reading
difficulties?

November 8th 2021
74
Commercial
Activities and
Seeking Permission

November 8th 2021
Commercial activities
75
TAFEs can rely on the Statutory Text and Artistic Works Licence to copy materials for use in course
materials:
• for courses delivered by TAFEs for a commercial client
• for ‘hobby’, non-accredited and vocational courses
• provided to TAFE students based in other countries, so long as:
o the students are undertaking a course conducted by the Australian TAFE institute
o any print materials are copied in Australia, and digital materials are stored and uploaded to a
server from Australia
• for a mainstream course with full paying students
• provided for a ‘fee’ to another TAFE institute in another jurisdiction (eg for in-house training)
• where a TAFE and private RTO share delivery of the course
as long as it is for educational purposes and the materials are sold at no more than
cost.

November 8th 2021
Commercial activities
76
However, TAFEs cannot:
• supply materials at more than cost price
• supply materials created under the Statutory Text and Artistic Works Licence to a
commercial entity (eg for use in-house training)
• use content available under a ‘non-commercial’ Creative Commons licence in course
materials where students are charged more than the actual cost of producing the
resources.
For more information, see https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/.

November 8th 2021
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 a 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 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/.
Seeking permission and consents
77

November 8th 2021
Attributing material used with
permission
78
Best practice attribution of material where you have permission to use a third party work:
1. As a resource on its own/in a resource you created
Reproduced and made available for copying and communication by [TAFE name] – [institute
name], for [its] educational purposes with the permission of [name copyright owner].
2. If permission is limited to use in the specific resource (ie no further copying or
communicating is permitted)
Reproduced and made available for copying and communication by [TAFE name] – [institute
name], for [its] educational purposes with the permission of [name copyright owner] (for use in this
publication only).
https://smartcopying.edu.au/labelling-and-attribution/

November 8th 2021
Commercial activities and
seeking permission FAQs
79
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?

November 8th 2021
Recap: How can I use
material?
80

November 8th 2021
Copy and
communicate
Statutory Text
and Artistic
Works
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
Copying
Exception
Display in
class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible
Dealing
Exception
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works

November 8th 2021
Copy and
communicate
(TAFE WA
only)
Statutory
Broadcast
Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in
class
Section
28

November 8th 2021
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing

November 8th 2021
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
Music
Music includes
musical works and
sound recordings
Play or
display in
class
Section 28
Perform or
play outside
class
TAFE Music
Licence
(NSW, QLD, SA,
ACT, TAS, NT)
OR
Ad-hoc Licences
(WA)
Live stream
or make
recordings
of a TAFE
event
TAFE Music
Licence
(NSW, QLD, SA,
ACT, TAS, NT)
OR
Ad-hoc Licences
(WA)
Make
accessible
versions for
students
with a
disability
Disability
Access
Exceptions
Use in an
exam
Exam
Copying
Exception

November 8th 2021
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/ 85

November 8th 2021
“Is licensing really the most important question for OER?” by Caroline Madigan for
opensource.com is licensed under CC BY-SA 2.0
What are Open Education
Resources (OER)
86
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.
https://smartcopying.edu.au/introduction-to-oer/

November 8th 2021
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0.
87
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons (CC)?
Creative Commons (CC) is the most common way of releasing materials under an
open licence. CC are a set of free licences for creators to use when making their
work available to the public. All CC licences permit use educational uses of a work.
Teachers and students can freely copy, share and sometimes modify and remix a
CC work without having to seek the permission of the creator.

November 8th 2021
CC five years by shizhao is licensed
under CC BY 2.0
Modifications: cropped
Creative Commons: How it all
works
88
• 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.

November 8th 2021
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
CC licence elements
89

November 8th 2021
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.
90
CC licences

November 8th 2021
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.
91
CC licences

November 8th 2021
92
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed
resources

November 8th 2021
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
93
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.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-the-creative-
commons-search-portal/
Best way to find CC materials

November 8th 2021
CC Search

November 8th 2021
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.

November 8th 2021
CC Search sources

November 8th 2021
Google advanced search
97
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.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/

November 8th 2021

November 8th 2021
Google advanced search
99
• Once you’re in the advanced settings, the usage rights filter is at the
very bottom.

November 8th 2021
@smartcopying.edu
#hashtagSmartcopying
An Internal Guide for Departments of Education and
Non-Government Administering Bodies
100

November 8th 2021
Searching Google for openly
licensed images
101
• Advanced search as described above or
• Google has a simpler way to filter Google images by reuse rights (ie,
openly licensed resources).

November 8th 2021
After you search for an
image, all you have to do is
click “Tools”, then under
“Usage Rights” select
“Creative Commons
licenses”).
Searching Google Images for
openly licensed images
102

November 8th 2021
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under “Features” select
“Creative Commons”.
https://smartcopying.edu.au/how-to-find-creative-commons-material-using-youtube/
YouTube – Filter for CC videos
103

November 8th 2021
YouTube – Filter for CC videos

November 8th 2021
Flickr
105
• 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.

November 8th 2021
• 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.
Flickr

November 8th 2021
Flickr

November 8th 2021
Other places to find CC material
108
• 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

November 8th 2021
CC plugins
109
• 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.

November 8th 2021
110
https://smartcopying.edu.au/applying-a-creative-commons-licence/
Licensing your learning
resources under CC

November 8th 2021
Applying a CC licence to your
learning resources
111
• 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/.

November 8th 2021
Adding a CC licence to your
learning resources
112
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.

November 8th 2021
Which CC licence?
113
• 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.

November 8th 2021
Adding a CC licence to learning
resources
114
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/.

November 8th 2021
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.
Adding a CC licence to learning
resources
115

November 8th 2021
Third party content
116
• You cannot apply a Creative Commons licence to third party content as you
do not have the rights.
• For all third party content, you must prominently mark or indicate in a notice
that this content is excluded from the Creative Commons licence.
• Learning resources that include third party content cannot go on a public
website. Must be password protected.
https://smartcopying.edu.au/how-to-label-third-party-content-in-creative-commons-licensed-material/

November 8th 2021
How to label third party content
117
There is no single correct way to label third party content, and different situations may
require more or less complicated notices and marking.
There are 2 often used mechanisms:
1. A notice next to third party content: this involves marking or notating all third
party content. To do this you should indicate directly underneath the content.
Or
2. A general notice listing all third party content: this involves giving a general
notice that identifies all third party content. This notice would usually be included in
your terms of use or copyright statement for a website or in the verso page or
bibliography for a work.

November 8th 2021
118
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

November 8th 2021
"Free Stock: Copyright sign 3D render" by Muses
Touch is licensed under a CC BY-NC-ND 2.0
Attributing CC material
119
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.

November 8th 2021
Where should I place the
attribution?
120
• 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,
learning management system etc).

November 8th 2021
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.

November 8th 2021
122
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.

November 8th 2021
Attribution of TAFE owned
material
123
• 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.

November 8th 2021
124
https://www.oerafrica.org/communication/find-open-
content/index.html#/lessons/_JVZ0dzfoYEImW4tZxtuA1hgwWiLd23q
Creative Commons
Quiz

November 8th 2021
Useful OER and CC links
125
• 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

November 8th 2021
Workshop
126

November 8th 2021
Case study 1 – Statutory
licences
127
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 DTE for her students to access
3. scans and uploads an entire novel to the TAFE DTE when the novel is commercially
available as an e-book
4. copies a TV broadcast and uploads it to the TAFE DTE.
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)?

November 8th 2021
Case study 2 - Music
128
Jake is a music production teacher. He:
1. is organising a TAFE fashion show and wants to play recorded music at the
event
2. intends to play Creative Commons licensed music at a TAFE graduation
3. intends to live stream the open day on the TAFE website
4. intends to play recorded music as background music in a TAFE staff room.
Is it okay for Jakes to do these activities? Does it make a difference what
jurisdiction Jake is in?

November 8th 2021
Case study 3 – Education
exceptions
129
Samantha is a librarian who has been asked by teachers in her TAFE if they are allowed to:
1. play music from Spotify in class for educational purposes
2. create a teaching resource that includes YouTube clips
3. make a digital version of a DVD and upload that to the TAFE DTE when a digital version is not
commercially available
4. upload two minutes of a film onto the TAFE DTE and provide students access to it for use in an
online exam, when the film is commercially available on Google Play.
What should Samantha tell them? Are these activities covered by a licence or exception? If so, please
specify which. Are there any other restrictions?

November 8th 2021
Case study 4 – Creative
Commons
130
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 make changes to an illustration that has been licensed under a CC BY ND
licence and use it in her resource?
4. can she use an image that she sourced from the internet (not CC licensed) in her
resource?
5. if she applies a Creative Commons licence to the resource, does that mean she has to
make it available on the internet?

November 8th 2021
Smartcopying Tips
131

November 8th 2021
Creative Commons - cc stickers by
Kristina Alexanderson is licensed
under CC BY 2.0
Smartcopying tips
132
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.

November 8th 2021
Smartcopying tips
133
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.

November 8th 2021
Smartcopying tips
134
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 TAFE created
content.
• Attribution should include details such as:
o the copyright owner (eg the publisher) and/or author
o title and publication information if available (eg edition, ISBN)
o where the material was sourced from (eg URL if online)
This Photo by Unknown Author is
licensed under CC BY-NC.
Modifications: recoloured.

November 8th 2021
Smartcopying tips
135
Limit – ensure access to material is
limited to the relevant staff/students only
• Once material is communicated to an entire
TAFE/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.
Login Computer Internet Password Security by
Max Pixel is licensed under Creative Commons
Zero - CC0. Modifications: recoloured.

November 8th 2021
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
Smartcopying tips
136
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.

November 8th 2021
Creating learning resources that include third
party text and artistic works
137
https://smartcopying.edu.au/flowcharts/

November 8th 2021
Tips for encouraging
compliance with copyright
138
TAFEs can do the following to ensure student and staff compliance with copyright
obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any
copyright questions
• 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.

November 8th 2021
Copyright 4 Educators online
course
139
• 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 2021, with over 80 learners taking the
course.
• 2022 dates: TBC.
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-
educators-course.

November 8th 2021
More information
140
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators TAFE - November 8 2021

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