Copyright for Educators - Clickview

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators - ClickView
27 May 2021
Copyright for Educators
– ClickView
Jessica Smith
1

27 May 2021
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
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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27 May 2021
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

www.smartcopying.edu.au 4

27 May 2021
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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27 May 2021
Outline
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1. Copyright Basics
2. Statutory Broadcast Licence
3. Education Exceptions: s 28, Flexible Dealing (s 200AB), Other Exceptions
4. Tricky Areas: Audiobooks, Recordings of School/TAFE Events
5. Smartcopying Tips

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27 May 2021
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/ 7

27 May 2021
What does copyright protect?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
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27 May 2021
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, iTunes,
Google Play, Netflix, Stan,
Amazon Prime etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
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27 May 2021
A copyright owner’s rights
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A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material. "Copyright graffiti" by opensourceway is
licensed under CC BY-SA 2.0

27 May 2021
Copying Activities Performance Activities Communication
Activities
● scanning
● downloading
● printing
● saving to another device
– USB, hard drive,
mobile phone, tablet
● photocopying
● taking a digital
photo/screenshot
● playing films and music
● singing songs
● playing instruments
● acting out a play
● reading a book or
reciting a poem to a
class
● display or project on an
interactive whiteboard
● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/

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27 May 2021
Statutory Broadcast
Licence (TV & Radio)
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27 May 2021
Statutory Broadcast Licence
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Who is covered?
• Covers all schools.
• For the TAFE sector, only covers TAFE WA
• For other TAFEs, see Use of Television Programs and Film by TAFE Institutes Without a Statutory
Broadcast Licence.
Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel), and
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

27 May 2021
Using copy broadcasts
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• Schools and TAFE WA institutes obtain copies or TV or radio broadcasts from resource
centres (eg ClickView) or by copying the broadcasts themselves.
• The copy broadcasts can be:
o in any format (eg DVD, MP4) and format shifted as needed
o played in class
o shared with students (eg add to your ‘school library’, add a link or embed in your school’s
DTE)
o copied and downloaded (if the resource centre offers this option) as needed
o communicated (eg uploaded a copy to a password protected intranet or DTE emailed to
students)

27 May 2021
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/

27 May 2021
Statutory Broadcast Licence:
Activities
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• Downloading a broadcast using a resource centre (eg ClickView) and
uploading this to a school LMS
• Copying an old VHS of a broadcast to mp4 format and placing on ClickView
for students to access
• Downloading podcasts that are being broadcast and uploading them to
ClickView
• Taking extracts from a program and making them available on ClickView as
part of a student activity.

27 May 2021
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, Amazon Prime)
• purchased television programs from iTunes, Google Play, online or retail stores
• films or DVDs which are bought or rented by the school
• online videos (YouTube, Vimeo, TeachersTube, Edmodo, Khan Academy)
• online games (ABC for Kids).

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27 May 2021
Education Exceptions

Copyright for Educators - Clickview
27 May 2021
19
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)

27 May 2021
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows schools/TAFEs to perform and communicate material 'in class'
(includes remote students).
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Includes any type of material.
• Must be restricted to staff and students who need material.

27 May 2021
Section 28 uses – audio and audio-
visual content
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Section 28 allows the playing of:
• television programs from free to air and pay television
• radio programs from free to air radio and digital radio stations
• programs from streaming services (eg Netflix, Stan, Amazon Prime)
• a film in any format (eg DVD or a film from iTunes, Google Play, etc)
• purchased material in any format (eg a film, audiobook, television program or series)
• online television programs (eg ABC iView, SBS on Demand, 7plus)
• sound recordings in any format (eg CD, DVD, cassettes, digital music from iTunes,
Google Play)

27 May 2021
Story time and digital learning
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Can I hold virtual story time or stream classroom lessons?
Yes, as long as:
• you live stream the story time/lesson, not record it
• the teacher is physically present on school premises at the time
• the story time/lesson is held for educational instruction
• the audience is limited to staff and students of the school.
Can I record ‘virtual story times’ or classroom lessons for students to access at
another time?
It depends. It needs to be assessed on a case-by-case basis.
https://smartcopying.edu.au/remote-and-digital-learning-school-year-2021/

27 May 2021
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https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)

27 May 2021
Flexible dealing (s 200AB)
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• Schools/TAFEs commonly rely on this exception to copy audio-visual content
(eg YouTube videos).
• Section 200AB is a flexible exception that can be used by schools/TAFEs when
no other exception or licence applies.
• The proposed use must be assessed on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.

27 May 2021
Flexible dealing guidelines
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Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction (eg teaching particular lesson or course) AND
• Educational instruction includes:
o teaching
o preparing to teach
o compiling resources for student homework or research
o doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material
• If you can buy the material in the format you need within a reasonable time, or obtain a licence for your proposed
use on reasonable terms, then you must do so.

27 May 2021
Flexible dealing guidelines
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If you meet those three criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made - if you are uploading content to the school digital
teaching environment (DTE), make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose - if you are
uploading a film to the school DTE for a year nine English class, only make it available to the students in that
class
• only use the amount of material that you need - if you only need to show students an extract of a film, you
won’t be able to rely on the flexible dealing exception to copy the entire film
• only make the material available for the time needed for the course of study - if students need to access
an excerpt of a documentary on the DTE for a course on the Great Depression, archive or disable access by
students to the documentary once it is no longer needed by the students

27 May 2021
Common flexible dealing
activities
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• Copying extracts of videos (eg YouTube) needed for educational instruction.
• Copying an entire video when you cannot purchase it and it is needed for educational instruction.
• Format shifting an entire video or sound recording when you cannot purchase it and it is needed for
educational instruction, eg:
o VHS to DVD when the school has an old VHS tape but no longer has VHS players
o CD or DVD to a digital format (eg MP3/4) for use on iPads, etc lacking CD-ROM drives.
• Format shifting small extracts of a video or sound recording when it is needed for educational
instruction.

27 May 2021
YouTube, iTunes (video content),
Google Play, Netflix, Amazon Prime
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• YouTube, iTunes, Google Play, Netflix, Amazon Prime etc have standard terms and
conditions that state content can only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances, you
may be able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in
breach of contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• Schools/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 May 2021
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

27 May 2021
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Other Exceptions

27 May 2021
Other Exceptions
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Disability Access Exceptions
• Schools/TAFEs can make accessible format copies of audio-visual content which can then be uploaded
to ClickView for students with a disability.
• For more information on the requirements of these exceptions, see:
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability-access-exceptions/
Exam Copying Exception
• Schools/TAFEs can copy audio-visual content onto ClickView for use in an exam or formal assessment.
• For more information on the requirements of this exception, see:
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/

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27 May 2021
Tricky Areas

27 May 2021
Recording and Uploading
Audiobooks

27 May 2021
Creating an audiobook
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1. Is the audiobook available to purchase within a reasonable time (eg from
Google Play, iTunes, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/

27 May 2021
Creating an audiobook
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3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
• Only use the content you need for the specific educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected DTE as soon as practicable (eg
by archiving).

27 May 2021
Alternatives to creating your
own audiobook
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You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg iTunes, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).

27 May 2021
Alternatives to creating your
own audiobook
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3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), you can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10
copies of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is
cheapest.

27 May 2021
Uploading audiobooks to a
DTE
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• In most cases, an audiobook cannot be uploaded to a password protected DTE for students to
access if it is available for purchase.
• If you do want to make it available, you would need to have enough copies of audiobooks to
match the amount of students that require access to it.
o Eg if 20 students require access and the audiobook is available for purchase, you must
purchase 20 copies of it before uploading it to the password protected DTE. You cannot
simply purchase 1 copy and upload it for the 20 students to access.
• However, you can play an audiobook to a class under s 28.

27 May 2021
39
Recording and Uploading
School/TAFE Events

27 May 2021
Recording a School event and
uploading it to ClickView
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Recording a school event
Schools can make a recording (audio and/or video recording) of a school event at which music is played (eg
recording a dance recital).
Schools can:
• upload the recording to the school website
• make a physical copy (eg copy it on to a USB) and distribute it (free or at cost recovery price) to members of the
school community (ie parents/carers/guardians and students)
• upload it the school’s official social media account (note it may be blocked or muted)
• upload it to a password protected area (eg DTE or ClickView account), and make this available to parents and
students
• upload it to an educational app used by the school to communicate with the school community (eg Schoolbag,
Seesaw, but not apps like Snapchat and TikTok).

27 May 2021
What is a ‘school event’?
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School event means an event organised or authorised by the school.
This includes events or functions held at the school or connected with the school but
held at a different venue.
Examples of school events:
• concerts
• presentation nights
• drama or music performances
• assemblies
• sports days or school fêtes.

27 May 2021
Labelling recordings under
the School Event Licence
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You must label the recording in the following way:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
You must also display the following details of each musical work captured in the
recording:
• the title
• the composer/arranger
• the artist and recording company (if you are using a backing track).

27 May 2021
What is not covered by the
music licences?
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• Copying or performing entire Grand Right Works (eg musicals, operas) or long choral works.
o You can make copies of up to three songs from a Grand Right Work or long choral work.
o You can also perform part of a Grand Right Work.
o If your school wants to stage an entire musical (eg ‘Matilda’), you will need to obtain
permission from the copyright owner.

27 May 2021
Recording a TAFE event and
uploading it to ClickView: NSW,
QLD, ACT and TAS
44
TAFEs in NSW, QLD, ACT and TAS can record TAFE events at which music is played under the new TAFE Music
Licence with APRA AMCOS, ARIA and PPCA.
TAFEs in these jurisdictions can use the recording of their TAFE event(s) in the following ways:
• upload it to the TAFE website and/or DTE (eg a password protected area on ClickView)
• upload it to educational apps being used for TAFE communications (eg Skillslocker)
• email a digital copy to the TAFE community (students and parents)
• provide a physical copy to the TAFE community (for example, on a USB device)
• upload it to the TAFE’s official social media page (although where a musical work or sound recording is played
at the TAFE event the post may still be taken down).
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

27 May 2021
Recording a TAFE event and
uploading it to ClickView:
WA, SA and NT
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TAFEs in WA, SA and NT
• TAFEs in WA, SA and NT are not covered under the TAFE Music Licence.
• If TAFEs in these jurisdictions wish to upload recordings of TAFE events to a DTE they will need
to:
• obtain specific licences from OneMusic (APRA AMCOS and PPCA)
• obtain permission directly from the copyright owner or
• use music from other resources (eg Creative Commons music). See How to Find
Creative Commons Licensed Materials.

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27 May 2021
Recap: How can I use
material?

[Date]
Copy and
communicate
Statutory
Broadcast
Licence
(all schools
and WA
TAFEs)
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in class
Section 28

[Date]
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play class
Section 28
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing

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27 May 2021
Smartcopying Tips

27 May 2021
Smartcopying tips
• Link
• Label
• Limit
• Clear out content
• Consider CC licensed resources
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27 May 2021
Tips for encouraging
copyright compliance
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Schools/TAFEs/administering bodies can do the following to ensure student and staff compliance with
copyright obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any copyright questions.
• The NCU leads a ‘Copyright for Educators’ course – this is a free online course for all Australian school
and TAFE teachers and librarians.
• Ensure students and teachers are aware of the Smartcopying tips – Link, Label, Limit and Clear out
material when no longer needed.
• Encourage the use of Creative Commons and OER where possible. Have a look at our short explainers
on CC and OER on the Smartcopying website.

27 May 2021
Copyright 4 Educators online
course
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• Free online course for educators who want to learn about copyright, statutory
licences, educational exceptions and open educational resources.
• 7 week course. Three courses run in 2020, with over 150 learners taking the
course.
• 2021 dates: 26 July – 12 September 2021 (enrolments open 19 July 2021).
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-educators-
course.

27 May 2021
More information
53
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - Clickview

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Editor's Notes