The NCU Copyright Hour: Using Text and Artistic Works

National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
14 November 2023
Using Text and Artistic
Works- Schools
https://smartcopying.edu.au/creative-commons-oer/
Sylvie Saab and Arabi Shivaramanan

14 November 2023
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
2

14 November 2023
Smartcopying website
3
• 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

14 November 2023
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
4

14 November 2023
Outline
5
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Education Exceptions
4. Audiobooks
5. Labelling and Attribution
6. Copyright Infringement Notices
7. Artificial Intelligence (AI)
8. Open Education Resources and Creative
Commons
9. Smartcopying Tips

6
14 November 2023
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

14 November 2023
What text and artistic works
does copyright protect?
7
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text works Artistic works
Literary, dramatic and musical works in written form
(hardcopy or digital):
• textbooks
• picture books
• novels
• poems
• plays
• screenplays
• song lyrics
• PDF documents
• website content (eg teacher resources, student
worksheets and activities or online newspapers).
Artistic works and images (hardcopy and digital):
• digital images (eg from Pinterest, Getty Images,
Google or Instagram)
• paintings
• photos
• drawings
• cartoons
• book covers and other pictures in books
• maps
• diagrams
• charts.

14 November 2023
A copyright owner’s rights
8
A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
"Copyright graffiti" by opensourceway is licensed
under CC BY-SA 2.0

14 November 2023
Copyright Activities
9
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
● 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

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14 November 2023
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/

14 November 2023
www.smartcopying.edu.au 11
• Schools may copy and communicate text and
artistic works for educational purposes,
provided the amount copied does not
‘unreasonably prejudice the legitimate
interests of the copyright owner’.
• Administering bodies can also rely on this
licence when creating teaching and learning
resources for schools.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.

14 November 2023
Statutory Text and Artistic
Works Licence
12
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.

14 November 2023
How much of a text work can I
copy and communicate?
13
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.

14 November 2023
When can I copy and communicate
more of a text work?
14
Schools may be able to copy and communicate more of a text work (eg the whole
work) if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.

14 November 2023
How much of an artistic work can I
copy and communicate?
15
Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0

14 November 2023
What can schools do under
the Statutory Text and Artistic
Works Licence?
16
Under the Statutory Text and Artistic Works Licence, schools can:
• download a student worksheet from the internet
• copy images to use in a PowerPoint
• photocopy a poem/textbook chapter to hand out in class
• download maps from a website to hand out to students
• copy a chapter of a textbook and upload it to a DTE for students to access
• email a worksheet and PowerPoint to students.

14 November 2023
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) the material once it is no
longer needed.

14 November 2023
Labelling and attribution
18
You should always attribute any material you copy and communicate with as much of the
following as possible:
1. the basis on which material was copied (eg “Copied under s 113P of the Copyright
Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher,
edition or date of publication, ISBN/ISSN or URL]

14 November 2023
Notice requirements
19
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]
Warning
This material has been copied [and communicated to you] in accordance with
the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of
copyright protection under the Act. Do not remove this notice.
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/

14 November 2023
Images from the internet
20
Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
Currently, the School sector pays nearly $52 million each year for this licence. In previous years, we
estimated that over $6 million of annual licence fees were from the use of images from the internet.
Some recent examples:
• photographs from Wikipedia pages
• photographs from Pinterest
• a photo of the NRL grand final teams
• a photograph of a bowl of chicken soup
• a Google Images search result for Gozleme.

14 November 2023
Which images from the
internet attract a fee?
21
All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed images)
• the copyright in the image has expired and is in the public domain (see How long
does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).

14 November 2023
What is not covered by the
Statutory Text and Artistic Works
Licence?
22
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).

14 November 2023
What if my intended use is not
covered?
23
You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (eg link to it or create your own content inspired
by the original material)
• use material licensed under Creative Commons
• rely on one of the education exceptions discussed later in this PowerPoint.

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14 November 2023
Education Exceptions

14 November 2023
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
25

14 November 2023
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows schools to perform and communicate material 'in class'
(includes remote students).
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Must be restricted to staff and students who need material.

14 November 2023
Section 28 uses
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For example, schools can:
• read a story, news article, journal, handbook or other literary work
• play purchased material in any format (eg an audiobook)
• stage a performance of a play
• display content from a live website on an interactive whiteboard
in class for educational instruction.

14 November 2023
What is not covered?
28
Section 28 does not cover communicating or performing a work:
• to the parents of students
• for a fundraising activity.
For these activities you would likely need to seek permission from the copyright
owner.

14 November 2023
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
29

14 November 2023
Flexible dealing (s 200AB)
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• Section 200AB is a flexible exception that can be used by schools 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.
• Limited application to text and artistic works, but examples include:
o changing/adapting song lyrics when the changed/adapted lyrics are needed for
educational instruction
o making translations of works when you cannot purchase the translation and it is
needed for educational instruction.

14 November 2023
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

14 November 2023
Exam copying exception
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• Teachers and administering bodies are allowed to copy and communicate text
and artistic works (as well as other works) for use in online and hardcopy
exams.
• The exception covers actual exams and assessments.
• The exception may cover ‘practice’ exams and assessments, needs to be
considered on a case by case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

14 November 2023
33
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

14 November 2023
Disability access exceptions
34
The Copyright Act contains two free disability copying exceptions that schools
can rely on to make materials accessible for students with a disability:
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’).

14 November 2023
Disability access exceptions
35
• Under these exceptions, schools/administering bodies are able to:
o create a digital version of a hardcopy book and make any necessary adjustments,
such as the font size or colour, to assist students with vision impairments
o convert a book into Easy English
o create audio books for students with vision impairment.
• Both exceptions can be used by schools to assist students with a disability, but
the circumstances in which they apply differ.

14 November 2023
Which disability exception
applies?
36
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.

14 November 2023
Notice requirements
37
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.

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14 November 2023
Audiobooks

14 November 2023
Creating an audiobook
39
1. Is the audiobook available to purchase within a reasonable time in a format
that will suit your school’s educational purposes (eg from Google Play, Apple
Books, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/

14 November 2023
Creating an audiobook
40
3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
If you are communicating this audiobook (eg uploading it to a DTE):
• Only use the content you need for the specific educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected online space as soon as
practicable (eg by archiving).

14 November 2023
Alternatives to creating your
own audiobook
41
You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg Apple Books, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).

14 November 2023
Alternatives to creating your
own audiobook
42
3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), the school can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10 copies
of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is cheapest.

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14 November 2023
Labelling and
Attribution
https://smartcopying.edu.au/labelling-and-attributing/

14 November 2023
Label materials clearly, so it is obvious how they have been used (for
example, used with permission, copied under one of the education licences or
exceptions) and clear to anyone using the resource how they can use it.
Clearly attribute any third-party materials in any resource you create (for
example with the title, author/publisher, date of publication, ISBN/ISSN and
source).
Labelling and Attribution
44

45
14 November 2023
Copyright
Infringement Claims

14 November 2023
Copyright infringement claims
46
Schools, departments or administering bodies may receive emails from companies (eg Copytrack, Pixsy)
demanding payment for use of a copyrighted image in what they allege is an infringing way. If this happens you
should:
1. Remove the material.
2. Contact the National Copyright Unit.
3. Don’t respond to the email and contact us immediately with:
o a copy of the email;
o details about the image/photo that is the subject of the infringement claim;
o the date and time at which the material was taken down (from the website etc.); and
o any other relevant information, such as the basis on which the school used the material. For
example, whether the image was used with permission, under a licence like Creative Commons, or
under an exception or the Statutory Text and Artistic Works Licence.
4. The NCU will assess all the relevant facts and information and advise on the next steps.
See our February 2023 Newsletter – Responding To Copyright Infringement Notices

47
14 November 2023
Artificial Intelligence
(AI)
https://smartcopying.edu.au/using-generative-ai-platforms-in-schools/

14 November 2023
Copyright in generative AI
works
48
Does copyright exist?
Whether copyright will be found to subsist in the output of generative AI platforms will
depend on a number of factors including:
• the type of AI platform used
• what human prompts are given to the platform
• the form of the final output.
If yes, who owns copyright?
This depends on several factors including the platform’s terms of use.
Schools should check the platform’s terms to ensure that they assign copyright to the
user.

14 November 2023
Creating works using
generative AI
49
When using generative AI you should:
1. note the terms and conditions of the generative AI platform and whether they assign
copyright in the output to the user or only grant a licence
2. ensure the person who uses the platform to generate the work is employed by the school
and has created the work as part of their employment
3. label content created using AI tool as follows:
‘This work has been generated using artificial intelligence. Any copyright subsisting in this
work is owned by [INSERT Dept of Education/Administering Body].’
4. where practicable, only use content generated by AI platforms internally within the school.

14 November 2023
Modifying works using
generative AI
50
If you want to use AI platforms to modify existing third-party materials, you should:
1. only do so if an education exception or the Statutory Text and Artistic Works
Licence applies, or you have permission from the copyright owner
2. label the modified material as follows:
‘This version has been generated using artificial intelligence and has been copied/made
available to you under the educational provisions of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of copyright
protection under the Copyright Act. Do not remove this notice.’
3. ensure you comply with the attribution requirements of the generative AI tool.

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14 November 2023
Recap: How can I use
material?

14 November 2023
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
Text and artistic works

53
14 November 2023
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

14 November 2023
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students can freely copy, share and
sometimes modify and remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

14 November 2023
CC licence elements
55
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

14 November 2023
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.

14 November 2023
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.

58
14 November 2023
Finding CC licensed
materials
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/

14 November 2023
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
59
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

60
14 November 2023
Attributing CC
licensed material
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/

14 November 2023
Attributing CC material
61
Teachers can use CC licensed materials as long as
you follow the licence conditions. One condition of all
CC licences is attribution. When attributing
remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution.
"Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0

14 November 2023
Useful OER and CC links
62
• 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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14 November 2023
Smartcopying Tips

14 November 2023
Smartcopying tips
64
• Use Creative Commons (CC) licensed content and consider
licensing your resources under CC.
• Link – link or embed material whenever possible.
• Label – always attribute the source.
• Limit – ensure access to material is limited to the relevant
staff/students only.
• Clear out material that is no longer required.

14 November 2023
More information
65
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour: Using Text and Artistic Works

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