The NCU Copyright Hour - Using TV and film

National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
7 November 2023
Using TV and film in
schools
Alison Davis and Holly Cordell

7 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.
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7 November 2023
Smartcopying website
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• 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

7 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)
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7 November 2023
Outline
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1. Copyright basics
2. Statutory Broadcast Licence
3. Co-curricular Licence
4. Education exceptions
5. Labelling and Attribution
6. Creative Commons
7. Smartcopying tips

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

7 November 2023
What films and broadcasts does
copyright protect?
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https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
https://smartcopying.edu.au/guidelines/films-and-videos/
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Films Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg YouTube, Vimeo,
Apple TV, Google Play, Netflix, Stan, etc)
● radio
● television

7 November 2023
A copyright owner’s rights
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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

7 November 2023
Copyright Activities
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
Copying Activities Performance Activities Communication
Activities
● downloading
● saving to another device
– USB, hard drive, mobile
phone, tablet
● taking a digital
photo/screenshot
● playing films or television ● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students

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7 November 2023
Statutory Broadcast
Licence

7 November 2023
Statutory Broadcast Licence
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Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
Schools obtain copies of TV or radio broadcasts from resource centres (eg ClickView or
TV4Education) or by copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for schools. Schools access these copy
broadcasts through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

7 November 2023
Using the copy broadcast
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• The copy broadcast can be in any format (eg DVD, MP4) and you can format shift it as
needed.
• You can use the copy broadcast in the following ways:
o play it in class
o make additional copies as needed (eg download it if the resource centre offers this
option, or copy it to a USB for students)
o communicate the copy broadcast (eg upload a copy to a password protected DTE
or email it).
• No limit to how much you can copy or communicate.

7 November 2023
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 school
• online videos (YouTube, Vimeo, TeachersTube, Edmodo, Khan Academy)
• online games (ABC for Kids).

7 November 2023
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/

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7 November 2023
Co-curricular Licence
https://smartcopying.edu.au/films-playing-for-non-educational-purposes/

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• Optional licence – your school or Department/administering body can choose to
take up the licence.
• Permits schools to play films to teachers, students and parents acting in a
supervisory capacity for the following purposes:
o at school for entertainment purposes (eg at lunchtime on a rainy day)
o on bus excursions, where the school provides the DVD (not the bus company)
o at school camps and excursions, including outdoor screenings at camp, where
the school provides the DVD (not the camp)
o at after-school care and holiday programs conducted at and by the school.

7 November 2023
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• Roadshow Films Pty Ltd
• Walt Disney
• Warner Bros
• Paramount
• Universal International Pictures
• 20th Century Fox
• Sony Pictures Entertainment Inc.
• Icon
• eOne
• StudioCanal (previously Hoyts)
• Palace Films
• Rialto Entertainment
• Madman
• Transmission
• Pinnacle
• Sub labels of these (eg MGM, United
Artists, Dreamworks, Buena Vista,
Columbia, Tristar, Hopscotch, Marvel
and Pixar).
Only covers Roadshow studios and distributors including:

7 November 2023
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The Co-curricular Licence will not apply where the film is played:
• to the general public
• at a fundraising event for the school
• at school and after school holiday programs conducted by a third party
• at an event advertised or promoted to people other than students and staff of the
school
• where advertising or promotion occurs during the playing of a film.

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7 November 2023
Education Exceptions

7 November 2023
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
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7 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.
• Includes any type of material.
• Must be restricted to staff and students who need material.

7 November 2023
Section 28 uses
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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, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on
Demand, 7plus).

7 November 2023
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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 school excursion or camp where there is no teaching involved
• for non-teaching purposes in the school (eg showing a film at lunch on a rainy day
or at a school fair).

7 November 2023
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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7 November 2023
Flexible dealing (s 200AB)
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• Schools commonly rely on this exception to copy audio-visual content (eg
YouTube videos).
• 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.

7 November 2023
Flexible dealing guidelines
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Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction AND
• Educational instruction includes:
o teaching
o preparing to teach
o compiling resources for student homework or research
o doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
• If you can buy the material in the format you need within a reasonable time or obtain a licence for your
proposed use on reasonable terms, then you must do so.

7 November 2023
Flexible dealing guidelines
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If you meet those three criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made - if you are uploading content to the
school DTE, make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose - if you are
uploading a film to the school DTE for a year nine English class, only make it available to the students in
that class
• only use the amount of material that you need - if you only need to show students an extract of
a film, you won’t be able to rely on the flexible dealing exception to copy the entire film
• only make the material available for the time needed for the course of study - if students need to
access an excerpt of a documentary on the DTE for a course on the Great Depression, archive or
disable access by students to the documentary once it is no longer needed by the students
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.

7 November 2023
Labelling
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Best practice to include the following notice where reasonably practicable:
This material has been copied and communicated to you in
accordance with the educational use provisions 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 [insert date material has been copied and made
available to students].

7 November 2023
Common flexible dealing
activities
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• Copying extracts of videos (eg YouTube) needed for educational instruction.
• Copying an entire video (eg YouTube) for educational instruction when you cannot
purchase it.
• Format shifting small extracts of a video when it is needed for educational
instruction.
• Format shifting an entire video for educational instruction when you cannot
purchase it.

7 November 2023
YouTube, Apple TV, Google
Play and Netflix
• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state content can
only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances, you may be
able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in breach of
contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• Schools can manage risk by only using content under the exceptions in the Copyright Act. Contact the
NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/ 30

7 November 2023
Smartcopying Tip
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Link or stream instead of downloading video content
under the flexible dealing exception
• link to or embed content – linking and embedding are
not copyright activities as you are not copying the
content. You are merely providing a pathway to where
they are on another website.
• directly stream content in class.
"File:External-link (CoreUI Icons
v1.0.0).svg" by CoreUI is licensed under CC BY 4.0

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

7 November 2023
Exam copying exception
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• Teachers and administering bodies are allowed to copy and communicate
copyright material for use in online and hardcopy exams.
• The exception covers:
o all types of copyright material, including broadcasts and films.
o actual exams and assessments.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

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

7 November 2023
Disability access exceptions
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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’).

7 November 2023
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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.

7 November 2023
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• Under these exceptions, schools/administering bodies are able to:
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for students with hearing impairments
o copying short extracts from films or news stories and captioning them
• Both exceptions can be used by schools to assist students with a disability, but
the circumstances in which they apply differ.

7 November 2023
Which disability exception
applies?
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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.

7 November 2023
Notice requirements
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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.

7 November 2023
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

7 November 2023
Students fair dealing
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• 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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7 November 2023
Labelling and
Attribution
https://smartcopying.edu.au/labelling-and-attributing/

7 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, channel/distributor, date accessed and source).
Labelling and Attribution
43

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7 November 2023
Recap: How can I use
material?

7 November 2023
www.smartcopying.edu.au 45
Copy and
communicate
Statutory
Broadcast
Licence
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in class
Section 28

7 November 2023
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Play for non-
educational
purposes
Co-curricular
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing

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

7 November 2023
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
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7 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

7 November 2023
CC licence elements
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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

7 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.

7 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.

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

7 November 2023
YouTube – Filter for CC videos
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To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.

7 November 2023
YouTube – Filter for CC videos
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7 November 2023
Other places to find CC films
56
• Vimeo has a dedicated page which allows you to search CC licensed videos within its
elements such as Attribution and Share Alike.
• Internet Archive has a collection of old videos, movies and texts which are openly
licensed.
• TED is a popular site which openly licenses its videos in the form of short, powerful
talks covering a magnitude of ideas in more than 100 languages.
• Al Jazeera has a repository of openly licensed broadcast footage covering global news.
• Academic Earth has a repository of over 1500 video lectures from the word’s top
universities searchable by subject, university and degree level.
https://smartcopying.edu.au/where-to-find-cc-licensed-material/

7 November 2023
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https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

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

7 November 2023
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How would you attribute this CC video: https://www.ted.com/talks/bill_gates_innovating_to_zero?
Innovating to Zero presented by Bill Gates available on TED.
This video can be used under a CC BY NC ND 4.0 International Licence (copyright statement available here
https://www.ted.com/about/our-organization/our-policies-terms/ted-com-terms-of-use#h2--copyright-issues-and-licenses)

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1. Title: Innovating to Zero
2. Author: TED Talk by Bill Gates – linked to his profile page on TED
3. Source: Innovating to Zero – linked to original TED page
4. Licence: CC BY NC ND 4.0 International – linked to licence deed
“Innovating to Zero” TED Talk by Bill Gates is licensed under CC BY NC ND 4.0
International.

7 November 2023
Useful OER and CC links
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• OER in Australia
• Creative Commons Information Pack for teachers and students
• Where to find CC licensed materials
• Short explainers on CC and OER
• Videos on Creative Commons
• CC Search Browser Extension

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7 November 2023
Smartcopying Tips

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

7 November 2023
More information
64
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour - Using TV and film

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