The NCU Copyright Hour: Using TV and Film in TAFE

National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
29 August 2023
Using TV and film in
TAFEs
Holly Cordell and Arabi Shivaramanan

29 August 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

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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

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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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29 August 2023
Outline
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1. Copyright basics
2. Statutory Broadcast Licence (WA TAFEs
only)
3. Education Exceptions
4. Creative Commons
5. Smartcopying tips
"Forgotten television" by autowitch is licensed
under CC BY-NC-SA 2.0.

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29 August 2023
Copyright Basics

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What films and broadcasts does
copyright protect?
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https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
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

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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.
"2012/366/59 This Sewer is Copyrighted" by cogdogblog is
licensed under CC BY 2.0.

29 August 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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29 August 2023
Statutory Broadcast
Licence – WA TAFEs
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/

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Statutory Broadcast Licence
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• No TAFE institutes (other than WA) are covered by the Statutory Broadcast Licence.
• TAFEs (other than WA) elected not to be covered by the licence from 1 January 2016.
• This means they cannot copy television or radio broadcasts or communicate copy
broadcasts.
• However, TAFE institutes can still rely on other exceptions in the Copyright Act 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/guidelines/education-licences/statutory-broadcast-licence/

29 August 2023
Statutory Broadcast Licence –
TAFE WA
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The Statutory Broadcast Licence 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.

29 August 2023
Statutory Broadcast Licence –
TAFE WA
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• The copy broadcast can be in any format (eg DVD, MP4) and format shifted as needed.
• Can be played in class, copied and communicated.
• No copying limits.
• Where practical, label materials with the name of the program, the channel it was
copied from and the date the copy was made, see S 113P Notice.
• Does not cover:
o online programs from subscription TV/Radio broadcasters
o on-demand content from subscription TV that has not been previously broadcast
(Foxtel On Demand or Kayo Sports)
o streaming services (Netflix, Stan).

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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.

29 August 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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Education Exceptions

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https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating TV and film
in Class (s 28)
17

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Performing and communicating
music in class (s 28)
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• Section 28 allows TAFEs to perform and communicate material in class
• 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 the material
• Use must for the purposes of education instruction.

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Examples of section 28 uses
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Playing TV
programs from
streaming
services (eg
Netflix, Stan)
Playing radio
programs from
free to air radio
and digital
radio stations
Playing a film in
any format (eg
DVD or a film
from Apple TV,
Google Play, etc)
Playing TV
programs from
free to air and
pay television
Playing
purchased
material in
any format
Playing online tv
programs from
catch up TV (eg
ABC iView, SBS on
Demand, 7plus)

29 August 2023
What is not covered?
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Section 28 does not cover communicating or
performing a work:
• to the parents of students
• at a TAFE event where there is no teaching involved
(eg showing a film at a graduation, open day, fashion
show, workplace such as a hair salon, etc)
• for a fundraising activity.
“A graffiti wall film set in Los Angeles"
by ricardodiaz11 is licensed under CC BY
2.0.

29 August 2023
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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Flexible dealing (s 200AB)
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• TAFEs commonly rely on this exception to copy audio-visual content (eg
YouTube videos).
• It only applies in limited circumstances. You must assess your proposed use on
a case-by-case basis.
• The NCU has guidelines to help you decide if your use falls under section
200AB.

29 August 2023
Examples of flexible dealing
uses
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Format shifting an
entire video for
educational instruction
when you cannot
purchase it
Copying an entire video
(eg YouTube) for
when you cannot
purchase it
Copying extracts of
videos (eg YouTube)
needed for educational
instruction
Format shifting small
extracts of a video
needed for

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You cannot rely
on any other
licence or
exception
You need the material
for educational instruction
•Educational instruction includes:
•teaching
•preparing to teach
•compiling resources for
student homework or research
•doing anything else for the
purpose of teaching.
•Does not permit ‘just in case’
copying.
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.
Flexible dealing guidelines
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Flexible dealing only applies if:

29 August 2023
Flexible dealing guidelines
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Ensure no further
copies or downloads
can be made
Limit access to the
students/classes
that need it for the
specific instructional
purpose
Only use the
amount of material
that you need
You must not make a
profit from anything
you use under
flexible dealing
Only make the
material available
for the time needed
for the course of
study
If uploading content to
the TAFE DTE make
sure it is view only
If uploading a film to
the DTE for a
Journalism class, only
make it available to the
students in that class
If you only need to
show students an
extract of a film, you
can’t rely on the
flexible dealing
exception to copy the
entire film
If students need to
access an excerpt of a
documentary on the
DTE, archive/ disable
access once it is no
longer needed by the
students
Cost recovery is okay

29 August 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].

29 August 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.
• 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/ 27

29 August 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

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

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Exam copying exception
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• Teachers and administering bodies are allowed to copy and communicate tv
and video clips 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/

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

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Disability access exceptions
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Organisational Disability Exception Fair Dealing for Disability Exception
Use of copyright material by organisations
assisting persons with a disability
Fair dealing for the purpose of assisting
persons with a disability

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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.

29 August 2023
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• Under these exceptions, TAFEs are able to provide captions, audio-
descriptions or subtitles to audio visual material (eg YouTube, music
videos, etc) for students with hearing impairments.
• Both exceptions can be used by schools to assist students with a
disability, but the circumstances in which they apply differ.

29 August 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.

29 August 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.

29 August 2023
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

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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.

29 August 2023
Education exception FAQs
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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 add captions to a film for a student with hearing difficulties?

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

29 August 2023
www.smartcopying.edu.au 41
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons?
• Creative Commons (CC) is the most common way of releasing materials under an open licence.
• CC is 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

29 August 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.

29 August 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.

29 August 2023
44
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed films

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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.

29 August 2023
YouTube – Filter for CC videos
46

29 August 2023
Other places to find CC films
47
• 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/

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

29 August 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

29 August 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.

29 August 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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29 August 2023
Smartcopying Tips

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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.

29 August 2023
More information
55
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour: Using TV and Film in TAFE

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