Copyright 4 Educators - TAFE 2020

COPYRIGHT 4 EDUCATORS
TAFE - National Copyright Unit
www.smartcopying.edu.au

NATIONAL COPYRIGHT UNIT
• The Ministers’ Copyright Advisory Group (CAG), through the
NCU, is responsible for copyright policy and administration
for the Australian School and TAFE sectors. This involves:
• Managing the obligations under the educational
copyright licenses
• Advocating for better copyright laws on the School and
TAFE sectors’ behalf
• Educating the School and TAFE sectors regarding their
copyright responsibilities
2

SMARTCOPYING WEBSITE
WWW.SMARTCOPYING.EDU.AU
• 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
3

SLIDES
 Slides available @
http://www.slideshare.net/nationalcopyrightunit/
 This work is licensed under a Creative Commons Attribution
4.0 International License (unless otherwise noted)
http://creativecommons.org/licenses/by/4.0/5

OUTLINE
1. Copyright Basics
2. Statutory Text and Artistic Licence
3. Free Use Exceptions: Playing audio-visual material in class (s 28), Flexible Dealing (s
200AB), TPMs, Exam Copying, Disability Exceptions, Students Fair Dealing
4. Using TV and Film in the Classroom
5. Music Licences
6. Tricky Areas: YouTube, iTunes, Google Play, Netflix, Images from the Internet,
Commercial Activities, Seeking Permission
7. Smartcopying Tips
8. Creative Commons & Open Education Resources (OER)
6

COPYRIGHT PROTECTS
Artistic Literary Musical Dramatic
• paintings
• illustrations
• sculptures
• graphics
• cartoons
• photographs
• drawings
• maps
• diagrams
• buildings
• models of
buildings
• novels
• textbooks
• newspaper and
magazine articles
• short stories
• journals
• poems
• song lyrics
• instruction
manuals
• computer software
• websites
• Ebooks
• melodies
• sheet music
• pop songs
• advertising jingles
• film score
• plays
• screenplays
• mime
• choreography
‘works’
8

COPYRIGHT PROTECTS
‘other subject matter’
9
Films Sound Recordings Broadcasts
• cinematographic films
• DVDs
• television advertisements
• music videos
• interactive games
• interactive films
• online videos and films
(eg YouTube, Vimeo,
iTunes, Google Play,
Netflix, Stan, etc)
• vinyl music
• CD
• DVD
• cassette tapes
• digital recordings (eg
MP3/MP4)
• podcasts
• digital music (eg iTunes,
Spotify, Sound Cloud,
Apple Music, etc)
• audiobooks
• radio and TV
broadcasts
• free to air or paid tv

COPYRIGHT IN ESSENCE
Gives the copyright owner the right to:
• copy
• perform
• communicate to the public
the copyright material.
10

COPYING ACTIVITIES
Scanning
Downloading
Printing
Saving to another device – usb, hardrive, mobile
phone, tablet
Photocopying
Taking a digital photo/screenshot
11

PERFORMANCE ACTIVITIES
 Playing films and music
 Singing songs
 Playing instruments
 Acting out a play
 Reading a book or reciting a poem to a
class
12

COMMUNICATION
ACTIVITIES
 Make available to students online –
Learning Management System (LMS),
share drive
 Email to students
 Display or project on a whiteboard
13

TAFEs are able to re-use copyright materials under:
a) Statutory licences: Text & images (Copyright
Agency)
b) Individual licences: Individual licences with
collecting societies APRA AMCOS and ARIA for
music and sound recordings
c) Education free use exceptions
14
HOW ARE WE ALLOWED TO
USE COPYRIGHT MATERIAL?

STATUTORY TEXT AND
ARTISTIC LICENCE

STATUTORY LICENCE: TEXT &
ARTISTIC WORKS
Under this licence, a teacher can copy and
communicate text & images for educational
purposes
…subject to copying limits.
books, newspapers, journal articles, paintings,
diagrams, photographs, animations, song lyrics, plays,
poems, maps, websites including free and publicly
available internet sites, BLMs, etc - in both hardcopy
and electronic form,
17

WHAT IS COPYING?
• Copying means making a reproduction of a literary, dramatic,
musical or artistic work. This includes:
o printing
o photocopying
o scanning
o downloading
o saving a copy to another device or to the cloud (eg your
personal computer, USB, external hard drive, mobile phone,
tablet, cloud storage space such as Dropbox)
o taking a digital photo or screenshot
http://www.smartcopying.edu.au/information-sheets/tafe/copyright-in-the-digital-teaching-environment-a-
manual-for-tafe/text-and-artistic-works
18

WHAT IS COMMUNICATING?
• Communicating means making copyright material available online or
electronically transmitting copyright material.
• Making material available online - includes uploading material to a digital
space for student access and use via password protected access such as:
• a share drive/intranet (eg Microsoft 365); or
• learning management systems (eg Moodle, Blackboard, Brightspace or
Equella); or
• to a closed class area on an education platform (eg Edmodo, Verso, Google
Classroom or iTunes U).
• Electronic transmission - includes emailing, streaming or using an electronic
reticulation system to share material (eg, libraries might have an electronic
delivery system to transmit material centrally).
http://www.smartcopying.edu.au/information-sheets/tafe/copyright-in-the-digital-teaching-
environment-a-manual-for-tafe/text-and-artistic-works
19

COPYING LIMITS
• Under the Statutory Licence a reasonable portion of a
work can be copied for educational purposes.
• Limits to follow:
o 10% or 1 chapter of a hardcopy or e-book
o 10% of words on a website
o One article in a journal (more than one article if on
the same subject matter)
o One literary or dramatic work in an anthology (15p
max)
For more information see: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-
(statutory-and-voluntary-licences)/education-licence-b-statutory-text-and-artistic-licence
20

COMMUNICATION LIMITS
• Copied text and images can only be uploaded onto
password protected digital teaching environments (eg a
LMS, closed class area on an education platform such as
Google Classroom).
• Smartcopying tip: limit access to these resources to the
minimum required number of students and staff.
 Limit access to those who need the material for
classroom and/or homework exercises.
 Delete or archive/disable access the material once it is
no longer needed.
21

COPYING & COMMUNICATION
LIMITS
Can copy and communicate more (eg the
whole work) if it is not commercially
available within a reasonable time at an
ordinary commercial price.
General guide: ‘reasonable time’ is six
months for textbooks and thirty days for other
material
22

NOTICE REQUIREMENTS
Where practicable, it is best practice to include the following
notice on material copied/communicated under the statutory
licence:
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.
A practical way of including this notice is to insert a link to the
notice from the attribution information:
23
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]

STATUTORY TEXT AND
ARTISTIC LICENCE: COMMON
ACTIVITIES
• Downloading a student worksheet from a teacher subscription site to provide
students
• Copying images from stock image sites (e.g. Getty Images) to use in a PowerPoint
• Photocopying a poem/ textbook chapter to hand out in class
• Downloading maps from a website to hand out to students
• Copying a chapter of a textbook and uploading it on a DTE for students to access
• Displaying pages from a digital textbook to a class
24

WHAT IS NOT COVERED?
The Statutory 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)
25

FREE USE EXCEPTIONS
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

FREE USE EXCEPTIONS
• Playing audio-visual material in class (s 28)
• Flexible Dealing (s 200AB) - e.g. YouTube, making adaptations,
translating
• TPMs
• Exam Copying
• Disability Exceptions
• Students Fair Dealing
27

PLAYING AUDIO-VISUAL
MATERIAL IN CLASS (S 28)
Section 28
Flexible
Dealing
TPM
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

SECTION 28 - PERFORMING OR
COMMUNICATING IN CLASS FOR
EDUCATIONAL INSTRUCTION
• Allows TAFEs to perform and communicate material
'in class' (includes remote students).
• A free exception – no fees are paid
• Does not permit copying.
• Includes any type of material
• Must be restricted to staff and students who need
material
http://www.smartcopying.edu.au/information-sheets/tafe/performance-and-communication-of-
works-and-audio-visual-material-in-tafe-classes-what-am-i-allowed-to-do-
29

SECTION 28 USES
• Reading aloud a story, news article, journal, handbook or other literary work
• Playing:
o television programs from free to air and pay television
o radio programs from free to air radio and digital radio stations
o films and programs from streaming services (eg Netflix, Stan)
o films (eg DVD or a film from iTunes, Google Play, etc)
o purchased material (eg a film, audio book, television program or series)
o online television programs (eg ABC iView, SBS on Demand, 7plus)
o sound recordings (eg CD, DVD, digital music from iTunes, Google Play)
• Staging a performance of a play
• Displaying content from a live website on an interactive whiteboard
http://www.smartcopying.edu.au/information-sheets/tafe/performance-and-communication-of-works-and-
audio-visual-material-in-tafe-classes-what-am-i-allowed-to-do-
30

WHAT IS NOT COVERED?
Section 28 does not cover communicating or performing
a work:
• to the parents of students;
• for a fundraising activity;
• at a TAFE event where there is no teaching involved
(eg graduation, open day, fashion show, workplace
such as a hair salon).
31

FLEXIBLE DEALING (S 200AB)
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

SECTION 200AB: FLEXIBLE
DEALING
• TAFEs commonly rely on this exception to copy
audio (eg iTunes music) and audio-visual content (eg
YouTube videos).
• Section 200AB is a flexible exception that can be
used by TAFEs when no other exception or licence
applies.
• You must assess your proposed use on a case-by-
case basis.
• NCU has 10 guidelines to ensure your use falls under
section 200AB.
http://www.smartcopying.edu.au/information-sheets/tafe/flexible-dealing
33

SECTION 200AB – GUIDELINES
1. The copy must be needed for ‘educational instruction’, this includes:
• teaching (in a classroom or remotely)
• preparing to teach
• compiling resources for student homework or research
• doing anything else for the purpose of teaching
2. If the material can be purchased in the format needed, then you must purchase it
rather than relying on section 200AB to make a copy.
 NOTE - if you only need a small extract of the material then it may be okay under section
200AB to copy that small extract rather than purchase it. Contact the NCU for guidance.
3. Cannot rely on section 200AB if there is another exception (eg exam copying,
disability provisions, etc) or the statutory licence applies (eg copying text works or
artistic works).
4. ‘Just in case’copying is not permitted:
• any copying needs to be done for the purpose of giving educational instruction in the
near future (eg “next week’s lesson”).
• it is not permissible to rely on this exception to make copies of content “just in case” you
might need it at some time in the future.
34

6. Do not use pirated material.
7. Do not copy more than you need for the specific instructional purpose - eg if
you only need 2 minutes of a film, only copy those 2 minutes rather than
the entire film.
8. Access to section 200AB copies must be limited to those students who need to
use the material for the instructional purpose.
 Way to achieve this - keeping the copy on a password-protected digital teaching
environment (eg LMS, Google Classroom) and restricting access to the specific
students and staff who need it.
8. You should archive/disable access the resource (ie take it off the digital
teaching environment, disable access etc) when it is not needed.
9. Label section 200AB copies with words similar to: Copied under section 200AB
of the Copyright Act 1968.
10. Take steps to prevent further copies being made.
 Way to achieve this - limiting student access to streaming only (ie not downloading).
You should not make the content available to students on a USB or other device
unless there is a way to lock the resource into a 'viewing only' mode that isn't able to
be changed.
SECTION 200AB – GUIDELINES
35

COMMON FLEXIBLE DEALING ACTIVITIES
1. Copying extracts of videos (eg YouTube) and sound recordings (eg music) when they are
needed for educational instruction.
2. Copying an entire video (eg YouTube) or sound recording (eg music) when you cannot
purchase it and it is needed for educational instruction.
3. Format shifting an entire video or sound recording when you cannot purchase it and it is
needed for educational instruction. For example, converting:
 VHS to DVD when the TAFE has an old VHS tape but no longer has VHS players;
 CD or DVD to a digital format (eg MP3/4) for use on iPads, etc lacking CD-ROM drives.
4. Format shifting small extracts of a video or sound recording when it is needed for
educational instruction.
5. Changing/adapting song lyrics when the changed/adapted lyrics are needed for
educational instruction.
6. Creating an audiobook when you cannot purchase it and it is needed for educational
instruction.
7. Making translations of works when you cannot purchase the translation and it is needed
for educational instruction.
32

TECHNOLOGICAL
PROTECTION MEASURES
(TPMs)
Section 28
Flexible
Dealing
TPM
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

TECHNOLOGICAL PROTECTION
MEASURES EXCEPTIONS
• A lot of digital content is now protected by TPMs. TPMs
prevent you from making further copies or limits access to
material.
• However, TAFEs are permitted to circumvent TPMs under
the:
o statutory licence
o flexible dealing exception in section 200AB
o organisational disability exception in section 113F
o fair dealing for disability exception in section 113Ehttp://www.smartcopying.edu.au/information-sheets/tafe/technological-protection-
measures/technological-protection-measures-2018
38

EXAM COPYING EXCEPTION
Section 28
Flexible
Dealing
TPM
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

EXAM COPYING EXCEPTION
• Teachers are allowed to copy and communicate copyright
material for use in online and hardcopy exams.
• This exceptions applies to any group copying or
communicating material for use in exams (eg curriculum
bodies).
• This exception covers all types of copyright material -
images, text, music, films, videos, etc.
• This exception does not extend to practice papers. Must
be an actual exam.
http://www.smartcopying.edu.au/information-sheets/tafe/copying-for-exams-what-am-i-allowed-to-do
40

DISABILITY EXCEPTIONS
Section 28
Flexible
Dealing
TPM
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

DISABILITY COPYING
EXCEPTIONS
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’).
http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-access-
exceptions
42

DISABILITY COPYING
EXCEPTIONS
• Broad range of disabilities covered - such as difficulty in
reading, viewing, hearing or comprehending copyright
material in a particular form. This includes students:
o with vision or hearing impairments
o who are unable to hold or manipulate books
o with an intellectual disability
o with general learning difficulties such as dyslexia
http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-
disability-access-exceptions
43

DISABILITY COPYING
EXCEPTIONS
• Under these exceptions, teachers 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
difficulties
o provide captions, audio-descriptions or subtitles to audio visual
material (eg YouTube, films, etc) for hearing impaired students
o convert a book into Easy English
o create audio books for students with vision impairment
• Both exceptions can be used by TAFEs to assist students with
a disability, but the circumstances in which they apply differ.
44

• The organisational disability exception allows TAFEs to
make accessible format copies for students with a
disability if the copyright material is not commercially
available in the format required by the student and
the appropriate features they require.
• No restriction on the kind of format that can be created
under this exception and could include the copying of a
whole text work to a more accessible format.
http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-
access-exceptions
ORGANISATIONAL DISABILITY
EXCEPTION
45

Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you
under section 113F 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.
ORGANISATIONAL DISABILITY
EXCEPTION
http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-
access-exceptions
46

FAIR DEALING FOR THE PURPOSE OF
ACCESS BY PERSONS WITH A DISABILITY
The fair dealing for disability exception allows
teachers to copy materials for students with a
disability provided the use is ‘fair’.
Common examples of fair dealings include:
• copying short extracts from films or news stories
and captioning them
• copying pages from a book and enlarging the font
47

HOW TO CHOOSE WHICH
DISABILITY EXCEPTION APPLIES
• General rule - 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.
If you have questions, contact the NCU:
www.smartcopying.edu.au/copyright-guidelines/footer-menu/contact-
us. http://www.smartcopying.edu.au/copyright-guidelines/library-and-disability-copying/3-2-disability-access-
exceptions
48

STUDENTS FAIR DEALING
Section 28
Flexible
Dealing
TPM
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing
Section 28
Flexible
Dealing
TPMs
Exam
Copying
Disability
Exceptions
Students
Fair
Dealing

STUDENTS FAIR DEALING
• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• To rely on fair dealing, the use of the material must be fair and for the
purpose of:
o research or study;
o criticism or review;
o parody or satire;
o reporting the news.
• Most of the copying/communicating that students do as part of their
study will fall under the fair dealing for research and study exception.
http://www.smartcopying.edu.au/information-sheets/schools/students-and-copyright/students-and-copyright
50

USE OF TV AND FILM
• Your TAFE does not have a Screenrights licence, which allows for the
copying and communication of broadcasts.
• Even without the licence, there is a lot you can do under sections 28
and/or 200AB of the Copyright Act:
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)
o in certain circumstances, copy short extracts of films, videos, DVDs, online
content etc
o play YouTube videos, DVDs, VHS and digital videos (eg MP4)
o play broadcasts copied under your institute’s previous Screenrights licence.
http://www.smartcopying.edu.au/information-sheets/tafe/use-of-television-programs-and-film-by-tafe-
institutes-without-a-screenrights-licence
52

TAFES WITHOUT A STATUTORY BROADCAST
LICENCE
• However your TAFE is not permitted to:
o record television or radio programs from TV or radio broadcasts (this
includes copying by Fetch TV or similar products);
o make further copies of television programs copied under the previous
Screenrights licence;
o obtain copies of television or radio broadcasts from resource centres
such as Enhance TV, Informit or ClickView;
o upload and/or make available copy broadcasts to share drives, LMS,
etc; or
o keep copies of copy television or radio broadcasts made under the
Screenrights licence on a share drive, LMS, etc.
http://www.smartcopying.edu.au/information-sheets/tafe/use-of-television-programs-and-film-by-tafe-
institutes-without-a-screenrights-licence
53

MUSIC LICENCES
• TAFEs do not have a blanket licence with music collecting societies for the use
of musical works or sound recordings.
• TAFEs can rely on the exceptions in sections 28 and 200AB of the Copyright
Act to use music for educational purposes.
• Some common activities allowed under these exceptions are:
o playing sound recordings (e.g. using a tape/CD/DVD player, learning
management system, interactive whiteboard or virtual classroom software);
o format shifting from vinyl, cassette or CD into digital format such as mp3 or
mp4; and
o uploading sound recordings onto a LMS or share drive, provided the music
can only be viewed by teachers and students who are directly giving or
receiving the instruction for which the copy has been made (i.e. accessible
by students of one course rather than the entire TAFE).
http://www.smartcopying.edu.au/information-sheets/tafe/copyright-in-the-digital-teaching-environment-a-
manual-for-tafe/music-and-sound-recordings
55

MUSIC LICENCES
• However these exceptions do not apply when using music for non-
educational purposes.
• To use music for non-educational purposes, TAFEs need to:
o obtain individual licences from APRA/AMCOS and PPCA;
o obtain licences directly from copyright owners;
o use Creative Commons licensed music; or
o use non APRA/PPCA music.
• NCU recommends using Creative Commons licensed music
and/or non APRA/PPCA music whenever possible:
http://www.smartcopying.edu.au/information-sheets/tafe/open-
and-non-ppca-apra-music-for-non-educational-purposes-of-tafes
56

LICENCES FROM APRA/AMCOS
AND PPCA
• If you choose to obtain licences from APRA AMCOS and PPCA,
there are a range to choose from using the OneMusic Licence
portal, depending on your licensing needs. Some of the more
common licences are:
o Background music: covers playing music in public areas – for
example in TAFE operated businesses such as hair salons,
restaurants and cafes.
o Music in the workplace: covers music in offices, staff training
sessions, meeting rooms, etc.
o One off events: covers playing live or recorded music at events – for
example at fashion shows, award ceremonies, graduations, concerts.
http://www.smartcopying.edu.au/information-sheets/tafe/apra-amcos-ppca-non-educational-use-
music-licenses-for-tafes
https://www.smartcopying.edu.au/information-sheets/tafe/onemusic-licences-(apra-amcos-ppca)
57

MUSIC LICENCES
• Watch this space! Music licences for the education
sector are being updated this year.
• APRA AMCOS PPCA recently launched OneMusic:
https://www.onemusic.com.au.
• NCU is reviewing OneMusic and will update the
Smartcopying website accordingly:
https://www.smartcopying.edu.au/information-
sheets/tafe/onemusic-licences-(apra-amcos-ppca).
58

YOUTUBE, ITUNES, GOOGLE PLAY,
NETFLIX
• YouTube, iTunes, Google Play, Netflix, etc have
standard Terms & Conditions that provide content
can only be used for ‘personal, non-commercial’
use.
• It is unclear whether this includes ‘educational use’.
60

CAN I USE YOUTUBE, ITUNES, GOOGLE
PLAY, NETFLIX IN CLASS?
• 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.
• However if you abide by the exceptions in the Copyright Act, you will
not be in breach of copyright law.
• It is unknown whether contractual terms override exceptions in the
Copyright Act.
• TAFEs can manage risk by ensuring they only use content pursuant to
exceptions in the Copyright Act. Contact the NCU if you need
additional guidance.
61

LINKING AND STREAMING
Practical alternatives to downloading include:
• Directly streaming content – from the website or via a link
embedded on another website.
• Linking to and embedding content – these are not copyright
activities as you are not copying the content.
http://www.smartcopying.edu.au/information-sheets/tafe/using-youtube
62

IMAGES FROM THE INTERNET
• Educational use of freely available Internet material, such as images, are not free and are
paid for under the Statutory Text and Artistic Works Licence.
• Currently, the TAFE sector pays nearly $3 million each year under this Licence.
• Some recent examples of “freely available images” from the Internet paid for under the
Statutory Text and Artistic Works Licence include:
o Images from facebook
o Photographs from Wikipedia pages
o Photographs from Pinterest
o A photo of the NRL grand final teams
o A photograph of a bowl of chicken soup
o A photo of a party hat from Google Images.
http://www.smartcopying.edu.au/information-sheets/tafe/using-stock-image-libraries-and-images-from-the-
internet-what-am-i-allowed-to-do-
63

GETTY IMAGES, ISTOCK,
SHUTTERSTOCK, ETC
• Don’t be tricked into thinking that so-called free or “royalty free libraries” from stock or
image libraries, such as Getty Images, Shutterstock or iStock, are free for teachers to use.
• Even when a teacher or TAFE has purchased a set number of images to use from the
image library service, the terms of use often do not allow for educational use and therefore
will be paid for again under the Statutory Licence.
• Common educational use of images that are paid for again include:
o Copying the image into a PowerPoint presentation or a worksheet
o Displaying the image to a class via an interactive whiteboard
o Uploading the copied image and placing it onto a password-protected share drive or
LMS.
64

HOW DO I KNOW IF AN IMAGE
WILL ATTRACT A FEE?
• All images used by TAFEs will attract remuneration under the Statutory Text and Artistic
Works Licence unless:
o it is a Creative Commons licensed image (see Where to find CC licensed images); or
o the copyright in the image has expired and is the public domain (see duration of
copyright); or
o the terms of use clearly allow for educational use (see Understanding website terms
and conditions).
• CC licensed images are truly “free” for teachers to use, copy and share. By using CC
licensed images you will be helping the TAFE sector manage its copyright costs as well
as ensuring that the teaching resources you create can be used freely and flexibly by your
students and other teachers
65

COMMERCIAL ACTIVITIES
1. Can TAFEs sell materials created under the statutory licence?
2. Can TAFEs rely on the statutory licence to copy materials, which are provided at cost, when delivering a
professional development course for a commercial client?
3. Can TAFEs rely on the statutory licence to copy class materials for TAFE students based in other countries,
where course delivery takes place overseas?
4. Can TAFEs rely on the statutory licence in preparing course materials for ‘hobby courses’ and non-accredited
courses?
5. Can TAFEs rely on the statutory licence in preparing course materials for a mainstream course if there are full
paying students undertaking the course?
6. Can TAFEs provide for a fee, course materials which include content copied under the statutory licence to
another TAFE institute in another jurisdiction or a commercial entity (eg for in-house training)?
7. If content is available under a ‘non-commercial only’ Creative Commons licence, does this allow a TAFE to
use it in course materials for courses where students are charged based on Permitted Costs recovery basis
only?
8. Where a TAFE and a private RTO share delivery of a course, can Educational Statutory Licence materials be
used in the course materials?
9. Where a TAFE offers vocational courses to school students, can the course materials incorporate
Educational Statutory Licence materials?
66

• 1 & 2: A TAFE is permitted to rely on the Statutory Licence, provided the
materials copied under the Statutory Licence are provided at no more than cost
 ie the sale price only covers the physical production of the materials and/or
other direct costs, and does not include a profit margin.
• 3: It does not make a difference where the course is delivered (eg at the campus
or at an external location). TAFEs can rely on the statutory licence so long as:
 the students are undertaking a course conducted by the Australian TAFE
institute; and
 any print materials are copied in Australia, and digital materials are stored
and uploaded to a server from Australia.
 It does not matter whether the students are taught by staff of the TAFE
institute or by local teachers overseas
67

• 4-5: Yes, as long as the courses are provided as part of the TAFE institute’s educational
purposes and the materials are provided at no more than cost.
• 6: No as the materials are being supplied for financial profit.
• 7: Yes, this is allowed.
• 8: Yes, if the course is provided by the TAFE institute. However, only the TAFE (not the RTO)
can use statutory licence material.
• 9: Yes, as long as the materials that include the statutory licence material are provided at no
more than cost.
More information on commercial activities in TAFES will be released on our Smartcopying
website in the coming months.
68

SEEKING PERMISSION
• If your proposed use is not covered by a licence or exception, then you
may need to obtain permission directly from the copyright owner. For
example, if you want to place a teaching resource on a public website.
• To seek permission, you will need to:
1. Figure out who the copyright owner is:
https://www.smartcopying.edu.au/copyright-guidelines/how-to-clear-
rights-(where-there-is-no-statutory-licence-or-voluntary-agreement-in-
place)
2. Write/email them to seek permission: see next slide for an example
letter. You can also contact the NCU for a copy of this letter.
69

SMARTCOPYING TIPS
Link – link or embed material whenever possible.
• Providing a link is not a copyright activity. You are not copying the
content, just providing a reference to its location elsewhere.
73

SMARTCOPYING TIPS
Label – always attribute the source
• All material created and used for educational purposes should be
properly attributed.
• Attributing is important to ensure that we don't pay licence fees
for material we already own or are allowed to use – eg TAFE
created content.
• Attribution should include details of the:
o copyright owner and/or author
o where the material was sourced from
o when it was sourced
http://www.smartcopying.edu.au/information-sheets/tafe/labelling-tafe-material
74

SMARTCOPYING TIPS
Limit – ensure access to material is limited to
relevant students only
• Once material is communicated to an entire TAFE
institute/campus or jurisdiction, the risk of copyright
infringement increases.
• Collecting societies believe that the value of content
increases with the number of people who can access
it.
• Limiting access is important for cost and risk
management.
75

SMARTCOPYING TIPS
Clear out material that is no longer required
• Clearing out material as soon as possible (ie when it is
no longer required) is one practical way of managing
copyright risk and costs.
76

SMARTCOPYING TIPS
Two options:
1. Archive/disable access – for material that is not
currently being used but is likely to be used in the
future.
Move it to a closed area on the LMS, share drive, etc
where it can only be accessed by one person, such as
a librarian, ICT Manager or teacher who uploaded the
material.
77

SMARTCOPYING TIPS
Two options:
2. Delete – for material that the TAFE no longer
requires for educational purposes.
78

SMARTCOPYING TIPS
• Material whose owner has given permission for
the material to be used for educational purposes,
for free.
• Depending on the licence, it can also be modified
and shared by teachers and students.
Use Creative Commons (CC) licensed content and
consider licensing your learning resources under CC
79

• Link
• Label
• Limit
• Clear out content
• Consider CC licensed resources
SMARTCOPYING
80

CREATIVE COMMONS (CC) &
OPEN EDUCATION RESOURCES
(OER)

WHAT ARE OPEN EDUCATION
RESOURCES (OER)?
OER are
• teaching, learning and research materials in any medium – digital
or otherwise –
• that reside 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.
82
UNESCO: https://en.unesco.org/themes/building-knowledge-societies/oer

OER – IN A NUTSHELL
OER is about creating material that is free to:
Access
Use
Modify
Share
http://www.smartcopying.edu.au/open-education
83

How do we find material
released under an open
licence?...
84

CC: HOW IT ALL WORKS
• CC creates a “some rights reserved” model.
• The copyright owner retains copyright ownership
in their work while inviting certain uses of their
work by the public.
• CC licences create choice and options for the
copyright owner.
http://www.smartcopying.edu.au/open-education/creative-commons/creative-commons-information-pack-for-
teachers-and-students
86

BENEFITS FOR SCHOOLS & TAFES
87
 Cheaper: saves money on copyright fees and administrative costs of seeking
permission and allows education resources to be shared freely online with
very low transaction costs.
 Equitable: offers equal access to knowledge for everyone and allows for
education resources to be adapted for minorities and those with disabilities.
 Collaborative: encourages collaboration and creates communities based on
sharing of education resources. Can share resources on public websites and
social media.
 Adaptable: enables educators to reuse, remix and adapt resources since the
copyright owner has already given permission to everyone. (e.g. by translating
or using local examples)
 Safer: free to reuse, remix, redistribute and adapt education resources
without running the risk of breaching the complex copyright rules.
 Internet compatible: it is better adapted to the Internet and the freedom
which the Internet provides to copy, distribute, adapt and remix resources.
 Accessible: over 1.8 billion Creative Commons licensed works.

There are 4 licence elements which are mixed to create six
different CC licences:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
CC LICENCE ELEMENTS
teachers-and-students
88

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.
CC LICENCES
http://www.smartcopying.edu.au/open-education/creative-commons/creative-commons-
information-pack-for-teachers-and-students/what-is-creative-commons-
89

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.
http://www.smartcopying.edu.au/open-education/creative-commons/creative-commons-
information-pack-for-teachers-and-students/what-is-creative-commons-
90

http://www.smartcopying.edu.au/open
-education/creative-commons/quick-
guide-to-creative-commons
91

BEST WAY TO FIND CC
MATERIALS
• The best place to start is CC Search:
https://ccsearch.creativecommons.org/
• You can also search for CC licensed material on google and
YouTube.
• For more information, see:
• http://www.smartcopying.edu.au/open-education/open-education-resources/where-
to-find-cc-licensed-material
• http://www.smartcopying.edu.au/open-education/open-education-resources/open-
educational-resources-(oer)-a-toolkit-for-teachers-curriculum-and-elearning-
developers/oer-toolkit-section-2---finding-and-remixing-openly-licensed-resources
• http://www.smartcopying.edu.au/open-education/creative-commons/creative-
commons-information-pack-for-teachers-and-students/how-to-find-creative-
commons-licensed-materials
94

CC SEARCH ONE-CLICK
ATTRIBUTION
One-click attribution: CC Search gives you the attribution for all images.
Makes it much easier to credit the source of any image you discover.
96

GOOGLE ADVANCED SEARCH
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search
2. After searching for something on the normal
Google search, you can filter so that the search
results given are only free, openly licenced
materials.
o To apply the filter: first, go into your
advanced search settings, which are found in
the settings tab on the right hand side of
your search result.
98

GOOGLE ADVANCED SEARCH
• Once you’re in the advanced settings, the
usage rights filter is at the very bottom.
100

SEARCHING GOOGLE FOR OPENLY
LICENCED IMAGES
• Advanced search as described above; or
• Google has a simpler way to filter Google
images by reuse rights (ie, openly licenced
resources).
102

SEARCHING GOOGLE FOR OPENLY
LICENCED IMAGES
After you search for an
image, all you have to
do is click “Search
tools” and select the
“Usage Rights” that
reflect your use.
All four usage rights
allow for educational
use.
103

YOUTUBE – FILTER FOR CC VIDEOS
To find CC licensed
YouTube clips, after you
do a search
 click on the filters
option; and
 under ‘Features’
selected Creative
Commons.
104

YOUTUBE – FILTER FOR CC VIDEOS
105

FLICKR
• Flickr has an entire section on their website dedicated
to CC licensed images:
https://www.flickr.com/creativecommons/
• When you’re on that section of the website, you can
browse images licensed under CC.
• However, if you want to search for an image, you have
to add a filter for CC licences.
106

FLICKR
• When you search on
Flickr, the default
setting is to return
results with ‘Any
licence’
• This setting has to be
changed to return
results only licensed
under Creative
Commons
107

CC PLUGINS
• CC Plugin for WordPress Websites: allows for easy searching and use
of CC-licensed images for WordPress websites:
https://wordpress.org/plugins/ls-wp-ccsearch/
• CC Add-in for Microsoft office: enables you to embed Creative
Commons licenses directly into Word, PowerPoint, and Excel
documents: https://www.microsoft.com/en-
us/download/details.aspx?id=13303
• A number of other plugins to help search for, integrate and licence
CC material: https://wordpress.org/plugins/tags/creative-commons/
• The CC Search Browser Extension is an open-source, lightweight
plugin that can be installed and used by anyone with an updated web
browser
109

OTHER PLACES TO FIND CC
MATERIAL
• Images: https://www.smartcopying.edu.au/open-education/open-education-
resources/where-to-find-cc-licensed-material/where-to-find-cc-licensed-
images
• Videos: https://www.smartcopying.edu.au/open-education/open-education-
videos
• Music: https://www.smartcopying.edu.au/open-education/open-education-
music
• Audiobooks: https://www.smartcopying.edu.au/open-education/open-
education-resources/where-to-find-cc-licensed-material/where-to-find-
other-cc-licensed-material
• Other good CC/OER websites with an array of materials:
https://www.smartcopying.edu.au/open-education/open-education-
resources/where-to-find-oer-materials
110

LICENSING YOUR LEARNING
RESOURCES UNDER CC

APPLYING A CC LICENCE TO
YOUR LEARNING RESOURCES
• TAFEs are encouraged to use CC licensed resources as
well as licence learning resources they create under CC,
where possible.
• This is because teachers can do more with CC licensed
material and it is free to access, use, modify and share.
• For more information on how to do this, see the
Smartcopying website:
o http://www.smartcopying.edu.au/open-education/creative-
commons/applying-a-creative-commons-licence
112

APPLYING A CC LICENCE TO
YOUR LEARNING RESOURCES
• Issues and concerns around licensing TAFE learning resources under CC:
1. Improper attribution of TAFE owned materials
2. Competition between education providers
• Possible solutions to these issues and concerns:
1. Be very clear with your attribution requirements. Attribution is a
condition of all CC licences.
2. Consider the SA licence.
• Get in touch with the NCU for additional guidance and help.
http://www.smartcopying.edu.au/open-education/creative-commons/applying-a-creative-
commons-licence
113

WHICH CC LICENCE?
• CC BY is recommended where you are happy with anyone using
your material as it allows for the greatest possible reuse of licensed
material provided you attribute the material.
• CC BY SA (Share Alike) if you have some concerns about how your
material will be used, CC BY SA is recommended. This licence allows
others to use the material in a new resource provided the new
resource is made available under the same licence. Selling content
for cost recovery or commercial purposes is allowed under this
licence.
• CC BY NC SA (Non-Commercial, Share Alike) is recommended if you
do not wish for your material to be used for profit. Under this
licence, any new material using your material cannot be sold for
commercial purposes and in addition the new material must be
made available under the same licence.
http://www.smartcopying.edu.au/open-education/creative-commons/quick-guide-to-
creative-commons
114

ADDING A CC LICENCE TO
LEARNING RESOURCES
• To license a learning resource that you’ve created under CC, all you have
to do is:
1. Choose your CC licence: https://creativecommons.org/choose/;
2. Copy the CC Licence icon; and
3. Paste the icon onto the resource along with the attribution
information and/or any other notice you would like to include.
4. Include a copyright statement on the resource to reflect the CC
licence.
All Creative Commons Licence icons, can be found on the Creative Commons Licence
Chooser website: https://creativecommons.org/choose/
http://www.smartcopying.edu.au/open-education/creative-commons/applying-a-creative-commons-
licence
115

ADDING A CC LICENCE TO
LEARNING RESOURCES
• Then include a copyright statement on your resource. Here’s some examples:
• © [Agency name] (TAFE institute or campus), 2020. Except as otherwise noted, this
[insert learning resource title] is licenced under the Creative Commons Attribution-
ShareAlike 4.0 International Licence. To view a copy of this licence, visit
https://creativecommons.org/licenses/by-sa/4.0/.
• © [Agency name] (TAFE institute or campus), 2020. Except as otherwise noted, this
[insert learning resource title] is licenced under the Creative Commons Attribution-
NonCommercial-ShareAlike 4.0 International Licence. To view a copy of this licence,
visit https://creativecommons.org/licenses/by-nc-sa/4.0/.
• Options on where to put the copyright statement and CC licence on your learning
resource include: the first and/or last page of the resource or the footer of the
resource so that it travels onto every page.
http://www.smartcopying.edu.au/open-education/creative-commons/applying-a-
creative-commons-licence
116

THIRD PARTY CONTENT
• One category of content that you are unable to license
under a Creative Commons licence is third party content.
• This is content that is created by someone else, a third party,
and as such you do not have the rights to license the
content.
• For all third party content, you must prominently mark or
indicate in a notice that this content is excluded from the
Creative Commons licence.
Learning resources that include third party content cannot go
on a public website. Must be password protected.http://www.smartcopying.edu.au/information-sheets/schools/labelling-third-party-content-in-
creative-commons-licensed-material
117

HOW TO LABEL THIRD PARTY
CONTENT
There is no single correct way to label third party content, and different situations may
require more or less complicated notices and marking.
There are 2 often used mechanisms:
1. Giving a notice next to third party content: this involves marking or
notating all third party content. To do this you should indicate directly
underneath the content.
Or
2. Giving a general notice listing all third party content: this involves giving a
general notice that identifies all third party content. This notice would usually be
included in your terms of use or copyright statement for a website or in the verso
page or bibliography for a work.
http://www.smartcopying.edu.au/information-sheets/schools/labelling-third-party-
content-in-creative-commons-licensed-material
118

ATTRIBUTING CC MATERIAL
• Teachers can use CC licensed materials as long as you follow the license
conditions. One condition of all CC licenses is attribution. When attributing
remember TASL:
• T: Title
• A: Author
• S: Source
• L: Licence
• Always check whether the creator has specified a particular attribution.
http://www.smartcopying.edu.au/open-education/open-education-resources/open-educational-resources-
(oer)-a-toolkit-for-teachers-curriculum-and-elearning-developers/appendix-3---creative-commons---best-
practices-for-attribution
120

WHERE SHOULD I PLACE THE
ATTRIBUTION?
• Text resources (eg books, worksheets, PowerPoint slides
etc): next to CC work or as the footer of the page on
which the CC work appears.
• Video works: near the work as it appears on screen during
the video.
• Sound recordings (eg podcasts): mention the name of the
artist during the recording (like a radio announcement)
and provide full attribution details in text near the podcast
where it is being stored (eg blog, TAFE intranet, learning
management system etc).
teachers-and-students/how-to-attribute-creative-commons-licensed-materials
121

EXAMPLE: ATTRIBUTION – CC
MATERIAL
"Creative Commons 10th Birthday
Celebration San Francisco" by tvol is
licensed under CC-BY 2.0.
Title: "Creative Commons 10th Birthday
Celebration San Francisco"
Author: "tvol" - linked to his profile page
Source: "Creative Commons 10th Birthday
Celebration San Francisco" - linked to original
Flickr page
Licence: "CC-BY 2.0" - linked to licence
deed
http://www.smartcopying.edu.au/open-education/open-
education-resources/open-educational-resources-(oer)-a-
toolkit-for-teachers-curriculum-and-elearning-
developers/appendix-3---creative-commons---best-practices-
for-attribution
122

ATTRIBUTION – TAFE OWNED
MATERIAL
• Material that has been created by your TAFE should be clearly labelled as such
in order to avoid paying fees under the statutory licence to use the material.
• This is best done with a footer on each page.
• Examples:
• © [TAFE name] – [institute name], 2020
• © [TAFE name] – [institute name], 2020. Except as otherwise noted, this
[insert content title] is licensed under the Creative Commons Attribution-
ShareAlike 4.0 International Licence. To view a copy of this licence, visit
https://creativecommons.org/licenses/by-sa/4.0/.
• If you are licensing a website under CC or have questions about labelling third
party content, see: http://www.smartcopying.edu.au/open-education/creative-
commons/applying-a-creative-commons-licence
123
http://www.smartcopying.edu.au/information-sheets/tafe/labelling-tafe-material

USEFUL OER AND CC LINKS
• OER in Australia
• OER Toolkit for teachers, e learning and curriculum developers
• Creative Commons Information Pack for teachers and students
• Where to find CC licensed materials
• Videos on OER
• Open Attribute Tool
125

HELPFUL RESOURCES
• Copyright in the Digital Teaching Environment: A Manual for TAFE:
http://www.smartcopying.edu.au/information-sheets/tafe/copyright-in-the-
digital-teaching-environment-a-manual-for-tafe
• Open Educational Resources (OER): A Toolkit for Teachers, Curriculum
and eLearning Developers: http://www.smartcopying.edu.au/open-
education/open-education-resources/open-educational-resources-(oer)-
a-toolkit-for-teachers-curriculum-and-elearning-developers
• CC Information Pack for Teachers and Students:
http://www.smartcopying.edu.au/open-education/open-education-
resources/cc-information-pack-for-teachers-and-students
126

PICTURE ATTRIBUTION
• Slide 85 - Creative Beauty at Creative
Commons by Kristina Alexanderson is
licensed under CC BY-NC-ND 2.0
• Slide 87 - Open Educational Resources: The
Education Ecosystem Comes to Life by
opensourceway is licensed under CC BY-SA
2.0
127

more information
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright 4 Educators - TAFE 2020

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