So copyright covers a wide array of materials and activities. Luckily there are educational exceptions and licences that allow teachers to do a lot with copyright material without needing to seek permission from the individual copyright owners.
Teachers/schools have rights to copy under: Statutory Licences Voluntary Licences Free Use Exceptions Both allow teachers to re-use copyright materials, without the permission of the copyright owner. The array of licences that the NCU negotiates on behalf of the schools takes into consideration A and B – statutory licences and voluntary licences. Category C are completely free exceptions. Given to educational institutions in the Copyright Act.
This is how you’re able to copy entire works. This will frequently come into play with internet sources. “ Schools /TAFE institutes can copy a whole work on the Internet if it has not been separately published and is not available within a reasonable time at an ordinary commercial price .” Note that a reasonable time is only a guideline and can change with the circumstances. If 6 months/30 days is not reasonable to your specific circumstance, then those guidelines may not apply. This will be a judgment call based on the circumstances, and you are more than welcome to give us a ring if you’d like a second opinion.
A teacher can quote and copy extracts from a website with no terms and conditions if it is done for educational purposes. This is covered by the Part VB Statutory Licence and will be remunerable under the Part VB Statutory Licence. Note that a website can be copied under the statutory licence, but that is paid for. Every single time website material is copied, performed or communicated.
Practical way to include: include a link on the resource to the notice
Must see the notice before they log on/access material Provide a link TO the notice ON the copy
The music licences are relatively broad and allows a lot of uses of music. Especially sound recordings. We have a lot of information covering this on our website.
Note the difference between s 28 and s 200AB: s28 only allows performing or communicating in the classroom. It does not allow copying. S 200AB does allow copying.
2 Educational instruction includes teaching (in a classroom or remotely), preparing to teach, compiling resources for student homework or research and doing anything else for the purpose of teaching Note that just in case copying will generally not be sufficient. Eg – I’ll copy this in case I need it sometime in the future. You should have a particular instructional purpose in mind. 3 Your proposed use must not conflict with the normal exploitation of the work nor unreasonably prejudice the interests of the copyright owner. Your use may be unreasonable in this sense if (for example): You can purchase the material or obtain a licence for your proposed use on reasonable terms If the material is commercially available, then you must purchase the material You have used more than you need Your use must be narrow and specific. You should only use as much of the material as you require for your specific purpose. And access to the material should be limited to the students who need it. You expose the material to a risk of piracy You should not be making copyright material available for further copying and reuse. This would be unreasonable prejudicial to the interests of the copyright owner in being able to control use of their work in the future. Okay to make the material available on a password protected online space just for students and teachers. But not okay to post on a public website or emailing around to students
Teachers are usually not permitted to copy from DVDs. Most commercial DVDs (eg feature films, documentaries and television series) are protected by access control technological protection measures (ATPMs). ATPMs are technologies which prevent a user from easily accessing and copying the content on a DVD. It is illegal to circumvent an ATPM under the Copyright Act. Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal. See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
Total licensing fees for the schools in 2012: over 83 million. So these tips are simply looking to keep those fees down. It involves copying the HTML code of the film, which is often displayed in a box near the film, and pasting it onto your website. The result of this is, rather than displaying the link, it will show a small screen of the film on your website.
Attributing material is important to ensure that original material created by a student, teacher or jurisdiction or that has been licensed is removed from survey data and therefore is not paid for. Applies to both photocopied and digital material
What are Open Educational Resources? Resources created and released openly – open license is key. Free as in free beer (no cost) and free as in freedom (free to use, repurpose and re-share) Commonly defined as digital materials offered free for educators, students and self learners to use, re-use and re-distribute for teaching, learning and research. They often rely on the use of common "open" licences, such as the Creative Commons licences. They are different to traditional distribution models which generally require remuneration and largely restrict the rights of end-users to copy, re-use and re-purpose material. “ OER are teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open licence that permits their free use and re-purposing by others.” Website terms and conditions can be unclear, confusing and/or difficult to understand. In some cases, there are no terms and conditions at all. Often, ‘educational use’ may not have been specifically considered when website terms and conditions were drafted. In many cases, website terms and conditions refer to 'personal' or 'non-commercial' use, but not to 'educational use' As a result, the intention of the website publisher with regards to educational use of their site is unknown. OER overcomes a lot of the above tensions.
How do OER work? Open licences key aspect of this – eg Creative Commons Creative Commons works to make it easy for creators to share … to realize the full potential of the internet – universal access to research, education, full participation in culture – to drive a new era of development, growth, and productivity. CC Licenses make it easy and legal to share… and, as we all know, the core part of any OER definition is the educational resource is either Open license In the public domain So anyone can: reuse, revise, remix and redistribute.
can do this right at creativecommons.org via our license chooser engine step 1 is to choose the conditions that you want to attach to the work all cc licenses require attribution to the original author of the work after that users can decide which conditions they want to apply, aka whether to prohibit commercial uses, whether to require that downstream users also reshare, whether the work should only be able to be redistributed “as-is”
step 2 is to simply receive the license there are 6 CC licenses that reflect a spectrum of rights for the photos I share on Flickr, I use the Attribution only license, which means that anyone can download, copy, distribute, remix, tweak, and build upon them, even commercially, as long as they give me credit
500M+ CC licensed works online today CC is used by a wide variety of people and organizations, including Culture Science Government and public sector information Education
Wikipedia, which about 2 years ago merged all their content into using CC attribution sharealike license 17 million Wikipedia articles across all languages 8.5 million media files in Wikimedia Commons database. All are available under a free license.
Photo websites like Flickr, with over 175 million CC-licensed photos. The following museums and institutes have photostreams of CC licensed images on Flickr: Smithsonian Institute http://www.flickr.com/photos/smithsonian/ Imperial War Museum http://www.flickr.com/photos/imperialwarmuseum/ Library of Congress http://www.flickr.com/photos/library_of_congress/ National Maritime Museum http://www.flickr.com/photos/nationalmaritimemuseum/ George Eastman House http://www.flickr.com/photos/george_eastman_house/ National Media Museum http://www.flickr.com/photos/nationalmediamuseum/
Instead we have ad-hoc FFE initiatives in Australian Schools and TAFEs. Differences between FFE and OER: Like OER, FFE materials are free for educational use BUT unlike OER, FFE cannot be shared with the public at large and usually cannot be modified or adapted. Limits use that can be made – must be maintained in original form and cannot onward share or re-use
FFE examples in Australia: National Education Access Licence for Schools (NEALS) – jursidiction-owned/developed educational materials AEShareNet Licences -> now being transitioned to CC NDLRN (formally The Le@rning Federation (TLF)) -> now being transitioned to CC Learning Object Repository Network (LORN)
NSW Dept of Education has released a range of interactive teaching resources under CC licences.
Other examples of OER in Australia include: Move from FFE to OER (as seen on previous slide): TLF materials shortly to be released under CC AESharenet currently going through a transition phase - we hope to CC licences ACARA has released the Australian National Curriculum under a CC licence Tasmanian Polytechnic has embarked on a project (using WikiEducator) to incorporate OER into teaching. The institute is currently working on a state-wide eLearning Strategy for 2012-2014 which will include policy recommendations to use and contribute to OER. Smartcopying website – full of useful educational resources re Creative Commons and OER, as well as much other information about copyright for educators. Itself open to use under a CC licence.
Power of CC licensing in on-line world is searchability!! Standardised open approach allows coding and search-engines to recognise, search and discover content that is open for use. CC licensed resources aid in search and discovery; the licenses clarify to educators, students the rights available to them for use, remix, and resharing 2010 survey of US teachers in their use of technology and OER showed that 88% of teachers use Google to locate OER CC licensed content filtering is integrated with Google search engines via the advanced search features; Google indexing things on the web whether it has a CC licensed attached to it whereas a straight up search for a learning topic can return millions of hits, and resources teachers don’t know whether they can include in the lessons, CC filtered search returns resources that have been licensed under CC CC has also been developing an experimental OER search prototype called DiscoverEd
.... Search from Creative Commons' own website
VITTA Conference 2013
Copyright in a Digital World
Open Education Resources
13 August 2013
VITTA Conference 2013
National Copyright Officer
National Copyright Unit
National Copyright Unit (NCU)
The Ministers’ Copyright Advisory Group (CAG),
through the NCU, is responsible for copyright policy
and administration for the Australian school and
TAFE sector. This involves:
• Managing the obligations under the educational
• Advocating for better copyright laws on the
School and TAFE sector’s behalf
• Educating the School and TAFE sector regarding
their copyright responsibilities
• National Copyright Guidelines for Schools and TAFEs
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Search the site for answers to your copyright questions
Slides available @
This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License
(unless otherwise noted)
Artistic Literary Musical Dramatic
• models of
• moulds and casts
• newspaper and
• short stories
• song lyrics
• technical manuals
• computer software
• sheet music
• pop songs
• advertising jingles
• film score
• music videos
• interactive games
• interactive films
• vinyl music or
• audio cassette
• digital recordings
(eg MP3 or AAC
• radio and TV
• podcasts and
webcasts of the
(the layout and
look of a
‘Other Subject Matter’
Copyright in essence
Gives the copyright owner the right
communicate to the public
the copyright material.
Saving to usb/hardrive
Saving to mobile phone / smartphone / iPod / iPad
Upload to cloud
playing films and sound recordings
acting out a play
reciting a poem
make available to students
(intranet, LMS, wiki, etc)
email to students
display on interactive whiteboard
What can teachers copy and
Teachers are able to re-use copyright
materials, without further permission needed
A. Statutory Licences (text, pics, TV)
B. Voluntary Licences (music)
C. Free Use Exceptions (video,
• Part VB: Statutory Text and Artistic Works Licence
• Part VA: Statutory Broadcast Licence
Part VB: Statutory Text and
Artistic Works Licence
Under this licence, a teacher can copy and
communicate (email, place online) text and artistic
works for educational purposes
…subject to copying limits.
books, newspapers, journal articles, paintings,
diagrams, photographs, animations, song lyrics,
plays, poems, maps, etc, in both hardcopy and
electronic form, including free and publicly available
Part VB: Copying Limits
There are specific copying limits under Part VB.
You can only copy a reasonable portion.
For more information, see the “Education Licence B” in the “National Copyright
Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700
You can only copy a reasonable portion:
• 10% or 1 chapter of a hardcopy book or e-book
• 10% of words on a website or CD Rom
• One article in a journal (more than one article if
on the same subject matter)
• One literary or dramatic work in an anthology
(15p max) (eg one short story)
Part VB: Copying Limits
Pt VB: Copying Limits
Can copy more (eg the whole work) if:
• it has not been separately published
• or is not commercially available within a
reasonable time at an ordinary commercial
Part VB: Copying from websites
• 'Available on the web' does not mean 'free to use'
• Almost all web content is protected by copyright
• Website terms and conditions will determine whether a
website is ‘free for education’ or openly licensed:
• Look for creative commons material
• Website terms and conditions that include:
• Free to use
• Free to use in your organisation
• Free for educational use
For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website:
Pt VB: Simultaneous Storage Rule
Licence does not allow two parts of a work -
eg two 10% excerpts - to be made available
online at once.
To minimise risk of infringement, restrict
access to relevant classes only.
• Class A sees chapter A : Class B sees chapter B
For more information see the “Using Digital Repositories – Copyright
Manual for Schools” at www.smartcopying.edu.au/scw/go/pid/1020
Pt VB: Notice Requirements
Mandatory notice must be attached to all
copies made available online
Notice is available on the Smartcopying website at:
Pt VB: Copying Limits
Statutory Text and Artistic Licence doesn’t permit:
• mass digitisation of books
• mass copying of ebooks
• copying of software
For more information, see “Education Licence B” in the
“National Copyright Guidelines” at:
Part VA Statutory Broadcast
Covers the copying and communication of:
• TV and radio broadcasts
• TV/radio from a broadcaster’s website IF it has been
broadcast on free-to-air
Does not cover online TV/radio:
• from Pay TV sources
• which have not been broadcast – IPTV, Netflix,
For more information see:
“Education Licence A” in the “National Copyright Guidelines”:
Pt VA: Copy limits
• No limit on how much you can copy.
• Format shifting is permitted
Pt VA: Notice Requirements
• If putting a copy online (eg IWB, LMS, wiki,
blog, school intranet)….
you must attach the prescribed notice.
A copy of this notice is available at:
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE
FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE
COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
This material has been copied and communicated to you by or on behalf of
[insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the
The material in this communication may be subject to copyright under the Act.
Any further copying or communication of this material by you may be the subject
of copyright protection under the Act.
Do not remove this notice.
ClickView & Video Commander
Using ClickView, Video Commander or others
repositories to copy and communicate broadcasts
Permitted because of the Pt VA the Statutory
Note… as they make copying so easy, costs under
the Licence are likely to increase.
Schools can help manage copyright costs by:
• Only copying what they need for educational purposes
• Archiving copies regularly – broadcasts available to
students and teachers online for longer than 12 months are
paid for again.
• Attach the mandatory notice.
Under paid licences with copyright owners, schools can:
copy music from CD to use in Powerpoint or teaching
copy music to digital format for use in teaching
copy music to play in school performances
copy sheet music (subject to copy limits)
for the educational purposes of the school.
s 28 - performing or
communicating in class for
• Allows schools to perform and
communicate material 'in class' (includes
• A free exception – no fees are paid.
• Does not permit copying – just
performing/playing in class
See “Performance and Communication of works and audio-visual material –
What am I allowed to do?” :
s 200AB: Flexible Dealing
• Rely on flexible dealing when no statutory licence (Part
VA or Part VB) or free use exception (s 28) applies to
• Permits schools to copy and make limited use of
copyright material for free, for educational instruction, if
the use satisfies a number of criteria.
• You must assess your proposed use against those
criteria on a case-by-case basis.
See information sheet:
“The New Flexible Dealing Exception – What am I allowed to do?”:
S 200AB criteria
1. Your proposed use is not covered by an
existing statutory licence or exception
2. Your proposed use is for the purpose of
educational instruction and is not for profit
3. Your proposed use isn’t ‘unreasonable’
Common activities permitted under
• Teachers may copy videos (eg YouTube) and sound
recordings (eg podcasts, music) under flexible dealing subject
to certain requirements.
Converting VHS to DVD where it is not possible to buy a DVD
of that film and the DVD is needed for educational instruction
Preparing an arrangement of a musical work for students to
perform in a music class when you cannot buy the arrangement
Format shift audiovisual content from CD to digital for use on
iPads, etc lacking CD-ROM drives when it is not possible to buy
a digital version of the film or sound recording.
See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?”
s 200AB and Commercial DVDs
Cannot copy from commercial DVDs.
• Commercial DVDs are protected by ATPMs - access
control technological protection measures.
• ATPMs – any technology that prevents a user from
easily accessing and copying the content on a DVD.
• It is illegal to circumvent an ATPM (eg CSS)
• Making a digital copy of a commercial DVD is likely to
involve circumventing the ATPM and therefore is illegal.
See information sheet ‘Technological Protection Measures and the Copyright
Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
10% or 1 chapter
Attach notice if
Attach notice if
You cannot buy it.
Only copy what
Images or print works
Off air television and radio
Podcasts of free-to-air
broadcasts (available on
the broadcaster’s website)
DVDs and videos
Note: Most commercial DVDs
are protected by ATPMs and
cannot be copied because it
illegal to circumvent an ATPM.
Cassette tapes and CDs
Copied and Communicated Under
Tricky areas: YouTube
The terms of YouTube provide that the content
can only be used for ‘personal, non-
This may not include copying by educational
institutions for ‘educational use’.
Can I copy YouTube videos for use in class or as part of a resource?
• There is no clear answer.
• You may be able copy a YouTube video and use it for educational
instruction under s 200 AB…
.. BUT the terms and conditions of YouTube may not strictly allow this.
• It is arguable that the terms and conditions do not form a contract and
therefore are not enforceable because sufficient notice is not provided.
• YouTube now allows video owners to upload their videos under a
Creative Commons licence so they can share their work with others.
Teachers Tube is a great alternative: www.teachertube.com
For further information: “YouTube: Use by Teachers” : http://www.smartcopying.edu.au/scw/go/pid/855
“Teachers Tube: Use by Teachers”: http://www.smartcopying.edu.au/scw/go/pid/858
YouTube: Linking and
Practical alternatives to copying videos off YouTube
• Directly streaming YouTube videos in class (permitted
under s 28) – from YouTube website or via a link
embedded on another website.
• Linking or embedding the YouTube video. Not a
copyright activity - you are not copying the content.
See information sheets: “YouTube: Use by Teachers”
“Performance and Communication of works and audio-visual material
in class – What am I allowed to do?”
Link – link or embed material whenever
possible. Don't download or copy.
Providing a link is not a copyright activity. You
are not copying the content, just providing a
reference to its location elsewhere.
Label – always attribute the source.
• All material created and used for educational purposes should
be properly attributed.
• Attribution info needs to include details of the copyright owner
and/or author, where the material was sourced from and when.
• Attributing is important to ensure that we don't pay licence fees
for material we already own or are allowed to use
• eg teacher/school/student created content
See labelling information sheet at:
Limit – ensure access to material is
limited to relevant students only
Once material is communicated to an entire institute/campus or
jurisdiction, the risk of copyright infringement increases
Limiting access is an important cost management practice.
Collecting societies believe that the value of content increases
with the number of people who can access it.
Clear out unwanted content regularly
Material copied and communicated under the
Statutory Licences is paid for again for every
12 months it remains 'live'.
Clearing out material that is no longer
required is one practical way of managing the
Clear out unwanted content regularly
Archive – for material that is not currently being
used but is likely to be used in the future.
Move it into a closed area on the repository or
elsewhere online where it can only be accessed by
one person, such as the school librarian, ICT
Manager or teacher who uploaded the material to
repository in the first place.
Clear out unwanted content regularly
Delete – for material that the school no longer
requires for educational purposes should be
completely deleted from the repository.
Use Open Education Resources
• Material whose owner has given permission for the
material to be used for educational purposes, for
• Depending on the licence, OER can also be
modified and shared by teachers and students.
Clear out content
• While there is a lot that teachers can copy, the licence schemes and
free use exceptions are restrictive and complicated:
• Teachers are burdened with complex copying limits and mandatory
notice requirements under the Statutory Licences.
• Teachers cannot modify, share or remix material except in limited
• The material can only be made available to parents and the community
in limited circumstances.
Free for education, open education and creative
commons material is a great alternative!
See list of Free for education/Open education resources on smartcopying at:
See Creative Commons information pack on smartcopying at:
• OER are teaching and learning materials that are freely
available for everyone to use, whether you are a
teacher, student or self learner.
• OER includes resources of all sorts: worksheets,
curriculum materials, lectures, homework assignments,
quizzes, class activities, pedagogical materials, games
and many more resources from around the world.
OER: Fundamental Values
•OER share some fundamental
• Resources are free for any individual to use
• Are licensed for unrestricted distribution
• Possibility of adaptation, translation, re-mix,
OER and Creative Commons
• Most OER resources use Creative Commons
• This is because CC licences are well known
blanket licences that are free and easy to use.
• A creator needs only to do one thing - select
the type of licence they want from the CC
OER: How it all works
What is CC?
• CC creates a “some rights reserved”
• 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.
Non-Commercial No Derivative Works
Possible CC licence conditions
CC BY – C Green 2011
Attributing CC material
CC requires that you label materials with:
• author/copyright owner,
• title and source,
• type of CC licence that applies
• a link to the licence terms.
It is important to always check whether the creator has specified a
Open Attribute (http://openattribute.com) is a tool recently developed
by Mozilla Drumbeat to assist users of CC material properly attribute
the CC material.
For further information on attributing CC material, see:
Example: Image licensed under CC Attribution licence
Eid Mubarak by Hamed Saber available at
In Australia: Free for Education (FFE)
•‘Free for education’ (FFE) material is similar to OER
•But FFE material may not permit a teacher to
communicate, modify or share the material. This will
depend on the particular terms and conditions of use.
The Smartcopying website lists good some FFE resources:
Articles: Directory of Open Access Journals: http://www.doaj.org/
Videos: Youtube Creative Commons videos - you can search then filter
results for only Creative Commons licenced videos: http://www.youtube.com/
• CC finder: software that you can download for free which then allows you
to search the web for CC images: http://www.abelssoft.net/ccfinder.php
• Flickr: http://www.flickr.com/creativecommons/
National Copyright Director
(02) 9561 8876
National Copyright Officer
(02) 9561 8730
Copyright 4 Educators
• Peer 2 Peer University – www.p2pu.com
• Free online course for educators who want to learn about
copyright, statutory licenses, educational exceptions and open
7 week course. One cycle ongoing now; another will be offered
in November or early next year.
More information on the Smartcopying website or here on the
P2PU website: https://p2pu.org/en/courses/111/copyright-4-
Other relevant courses now open:
• Intro to Openness in Education
• Creative Commons for K-12 Educators