Copyright for Educators - TAFE - 11 November 2022

National Copyright Unit
www.smartcopying.edu.au
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Copyright for Educators
11 November 2022
Copyright for
Educators - TAFE
Jessica Smith and Arabi Shivaramanan

11 November 2022
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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11 November 2022
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

11 November 2022
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11 November 2022
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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11 November 2022
Outline
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1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Radio and TV Broadcasts
4. TAFE Music Licence
5. Education Exceptions
6. Commercial Activities and Seeking
Permission
7. Open Educational Resources (OER) and
Creative Commons (CC)
8. Workshop
9. Smartcopying Tips

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11 November 2022
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

11 November 2022
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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11 November 2022
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple TV,
Google Play, Netflix, Stan,
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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11 November 2022
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

11 November 2022
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/

11 November 2022
Copyright basics FAQs
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1. Copyright gives the copyright owner the right to
exclusively do three activities. What are these?
2. Is playing a film to an audience a copyright activity?
3. Is displaying material on an interactive whiteboard a
copyright activity?

11 November 2022
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
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Can I use it?
TAFE
Music
Licence

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11 November 2022
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-
statutory-text-and-artistic-works-licence/

11 November 2022
www.smartcopying.edu.au 15
TAFE institutes may:
• copy and communicate text and artistic
works for educational purposes
• in both hardcopy and electronic form
• provided the amount copied does not
unreasonably prejudice the legitimate
interests of the copyright owner.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/

11 November 2022
Works Licence
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This licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, websites
• artistic works – paintings, maps, diagrams, photographs, animations
in both hardcopy and electronic form.

11 November 2022
What is a copy?
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Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• taking a digital photo/screenshot
• downloading works from a webpage or cloud storage drive
• saving a copy to a digital teaching environment (DTE),
personal computer, USB drive or personal cloud storage
service.
Printer being used by person with paper and
hand illustration by Brother UK is licensed
under CC BY 2.0

11 November 2022
What is a communication?
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A communication includes:
• uploading material to a digital space for student access and use via password
protected access such as:
o a share drive/intranet (eg Microsoft 365)
o learning management systems (eg Moodle, Blackboard, Brightspace or Equella)
o to a closed class area on an education platform (eg Edmodo, Verso or Google
Classroom)
• emailing.

11 November 2022
How much of a text work can I
copy and communicate?
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Teachers can copy and communicate text works as long as the amount copied or communicated
“does not unreasonably prejudice the legitimate interests” of the copyright owner.
• Not a ‘one size fits all’ approach.
• Flexibility – you can copy and communicate the amount you need, where to do so would cause
no harm to the copyright owner.
• The ‘10% or one chapter rule’ is still a useful guide in making this assessment for many text
resources that are still commercially available.

11 November 2022
When can I copy and communicate
more of a text work?
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You may be able to copy and communicate more of a text work (eg the whole
work) if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.

11 November 2022
How much of an artistic work can I
copy and communicate?
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Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0

11 November 2022
What can TAFEs do under the
Works Licence?
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Under the Statutory Text and Artistic Works Licence, teachers can:
• download a learning resource from the internet
• copy images to use in a teaching resource
• photocopy a chapter of a manual to hand out in class
• download maps from a website to hand out to students
• copy a chapter of a textbook and upload it to a DTE for students to access
• email a worksheet and PowerPoint to students.

11 November 2022
Smartcopying tips
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• Link or embed content instead of downloading or communicating –
linking and embedding are not copyright activities.
• Limit access to the minimum required number of students and
staff.
• Delete or archive (ie disable access) the material once it is no
longer needed.

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Images from the internet
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• Educational use of images from the internet 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 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 Google Images search result for Gozleme.

11 November 2022
How do I know if an image from
the internet will attract a fee?
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• All images from the internet 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)
o the copyright in the image has expired and is in the public
domain (see How long does copyright last?)
o the terms of use clearly allow for educational use (see Internet
and Websites).

11 November 2022
What is not covered?
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The Statutory Text and Artistic Works 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).

11 November 2022
What if my intended use is
not covered?
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You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (link to it, create your own content
inspired by the original material)
• rely on one of the education exceptions discussed later in this
PowerPoint.

11 November 2022
Labelling and attribution
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You should always attribute any material you copy and communicate with as much of the following
as possible:
1. the basis on which material was copied (eg “Copied under s 113P of the Copyright Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher, edition or date
of publication, ISBN/ISSN or URL]

11 November 2022
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
[Author, Title, Date]
[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/

11 November 2022
Works Licence FAQs
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1. Can I create a digital copy of a textbook by scanning the entire book
and then uploading this to my TAFE’s DTE?
2. Can I download a worksheet from the internet and use this resource in
my classroom?
3. Can a teacher scan an article from a journal to use in their Health
Science teaching resource?
4. Can I copy an image from Google Images into a PowerPoint
presentation to show my class?

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11 November 2022
Radio and TV
Broadcasts
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts

11 November 2022
Radio and TV broadcasts
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• No TAFE institutes (other than WA) are covered by the Statutory Broadcast Licence
• TAFEs (other than WA) elected not to be covered by the licence from 1 January 2016
• This means they cannot copy television or radio broadcasts or communicate copy
broadcasts.
• However, TAFE institutes can still rely on other exceptions in the Copyright Act to:
o play live broadcasts
o play or communicate purchased content (eg television programs, series, films,
documentary programs)
o play online television programs (eg from ABC iView, SBS On Demand or other
catch up television services).
https://smartcopying.edu.au/use-of-television-programs-
and-film-by-tafe-institutes-without-a-statutory-broadcast-
licence/

11 November 2022
Statutory Broadcast Licence –
TAFE WA
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The Statutory Broadcast Licence only applies to TAFE WA.
Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
• TAFEs obtain copies of TV or radio broadcasts from resource centres (eg ClickView) or
by copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for TAFEs. TAFEs access these copy
broadcasts through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

11 November 2022
Statutory Broadcast Licence – TAFE
WA
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• The copy broadcast can be in any format (eg DVD, MP4) and format shifted as needed
• Can be played in class, copied and communicated
• No copying limits
• Where practical, label materials with the name of the program, the channel it was
copied from and the date the copy was made, see S 113P Notice
• Does not cover:
o online programs from subscription TV/Radio broadcasters
o on-demand content from subscription TV that has not been previously broadcast
(Foxtel On Demand or Kayo Sports)
o streaming services (Netflix, Stan)
o See Statutory Broadcast Licence for more information.

11 November 2022
Radio and TV Broadcasts
FAQs
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1. Can I copy a television program to play to my class?
2. I have a DVD copy of a TV program which was made when my institute had
the Statutory Broadcast Licence. Can I format shift the DVD and upload it to my
TAFE’s DTE to show to my class (assume not from WA)?
3. Can I play a TV program from ABC iView?
4. Can I purchase a TV program from Google Play and play it in class?

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11 November 2022
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/

11 November 2022
Using music in the TAFE
Classroom
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• When TAFEs play and perform music in the classroom, they may be able to rely on
a copyright exception rather than the TAFE Music Licence.
• If the TAFE is not able to rely on the exception (eg if family members are in
attendance), it may be able to rely on the TAFE Music Licence.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

11 November 2022
Using music outside the TAFE
classroom
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All TAFEs (excluding Victoria) can now rely on the TAFE Music Licence with APRA
AMCOS, ARIA and PPCA to perform musical works live (eg a live performance by a
TAFE band) and use sound recordings in different ways outside the classroom
environment.

11 November 2022
classroom
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For example, TAFEs can:
• perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open Day)
• play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show)
• play a sound recording as background music in TAFE businesses (eg TAFE training restaurants, fitness
centres or cafes)
• play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices)
• incorporate a sound recording into another work (eg adding music to a PowerPoint presentation) to
show at an event
• record, communicate and live stream TAFE events at which a musical work is performed or sound
recording played.

11 November 2022
classroom
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Recording your TAFE event
TAFEs can:
• record TAFE events that include the performance of a musical work live or a sound
recording
• authorise a third party (eg a professional videographer hired to film a TAFE fashion
show or graduation ceremony) to make a recording of a TAFE event on its behalf.

11 November 2022
classroom
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What can I do with the recording of our TAFE event?
TAFEs can use the recording of their TAFE event(s) in the following ways:
• upload it to the TAFE website and/or DTE
• 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).

11 November 2022
classroom
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Incorporating sound recordings into other works
TAFEs can incorporate a sound recording into another unrelated work (eg add a backing track
to a PowerPoint presentation or to a video of a graduation ceremony).
TAFEs can then:
• upload the recording to the TAFE website, password protected intranet or password
protected DTE
• email or provide a physical copy of the recording to students and their families
• upload the recording to an educational app (for example ‘SkillsLocker’).
Note, however, the TAFE cannot upload this work to social media.

11 November 2022
classroom
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Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a
sound recording is played, in real time from TAFE social media platforms (such as
Facebook or YouTube).
However, for live streams where a musical work or sound recording is being played
on social media, it is still possible that the performance may be blocked or muted.

11 November 2022
Creative Commons music (all
TAFEs)
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TAFEs in all jurisdictions can use CC musicals works and sound recordings free of charge provided
you comply with the terms of the CC licence.
There are several websites that license musical works and sound recordings under a CC licence,
including:
• SoundCloud – online sharing platform with option to filter search results for CC content
• Vimeo – online community with option to search for CC content
• CC Mixter – CC sound remix tool and archive
• Magnatune – CC record label
• Jamendo – CC music distribution site
• Freesound – collaborative data base of CC licensed sounds.

11 November 2022
Music FAQs
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1. Can we play live music at a TAFE event (eg Open Day)?
2. Can we play background music at our TAFE operated restaurant?
3. Can we play music (eg a sound recording) at a TAFE graduation
ceremony?
4. Can we record a TAFE event and place the recording on our
Facebook page?

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11 November 2022
Education Exceptions

11 November 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-
tafe-classes/
Performing and
Communicating Material in
Class (s 28)
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11 November 2022
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows 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.
• Must be for the purposes of educational instruction
• Includes any type of material.
• Must be restricted to staff and students who need material

11 November 2022
Section 28 uses
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• Reading a story, news article, journal, handbook or other literary work.
• Performing a musical work in class
• Playing:
o television programs from free to air and pay television
o radio programs from free to air radio and digital radio stations
o television programs from streaming services (eg Netflix, Stan)
o a film in any format (eg DVD or a film from Apple TV, Google Play, etc)
o purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music,
Google Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.

11 November 2022
What is not covered?
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Section 28 does not cover communicating or performing a
work:
• to the parents of students
• at a TAFE event where there is no teaching involved (eg
graduation, open day, fashion show, workplace such as
a hair salon, etc)
• for a fundraising activity.
Open source film making with Todd Harris
by opensource.com
is licensed under CC BY-SA 2.0

11 November 2022
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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11 November 2022
Flexible dealing (s 200AB)
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• Teachers commonly rely on this exception to copy audio (eg Apple
Music songs) 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.
• The NCU has guidelines to ensure your use falls under section
200AB.

11 November 2022
Flexible dealing guidelines
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Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction AND
• Educational instruction includes:
o teaching
o preparing to teach
o compiling resources for student homework or research
o doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
• If you can buy the material in the format you need within a reasonable time, or obtain a licence for your
proposed use on reasonable terms, then you must do so.

11 November 2022
Flexible dealing guidelines
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If you meet those 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
TAFE 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 DTE for a Journalism 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 digital media and
technology, archive or disable access by students to the documentary once it is no longer
needed by the students.
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.

11 November 2022
Common flexible dealing
activities
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Some examples of uses that may be permitted under the flexible dealing exception include:
• format shifting audiovisual content from CD or DVD to digital for use on devices lacking CD-
ROM drives when it is not possible to buy a digital version of the film or sound recording
• making a digital copy of a DVD to upload to a TAFE’s DTE in order to play to a landscaping
class
• compiling extracts of audio-visual material for use in class (eg making a compilation of short
extracts of several films for a photography class) when it is not possible to buy a similar
teaching resource.

11 November 2022
YouTube, Apple TV, Google
Play and Netflix
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• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state
content can only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances,
you may be able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in
breach of contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• TAFEs can manage risk by only using content under the exceptions in the Copyright Act.
Contact the NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/

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

11 November 2022
Exam copying exception
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• TAFEs are allowed to copy and communicate copyright material for use in online
and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos, etc.
o actual exams and assessments.
o may cover ‘practice’ exams and assessments – must be considered on a case-
by-case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

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

11 November 2022
Disability access exceptions
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The Copyright Act contains two free disability copying exceptions:
1. use of copyright material by organisations assisting persons with a disability
(‘organisational disability exception’) and
2. fair dealing for the purpose of assisting persons with a disability (‘fair dealing
for disability exception’).

11 November 2022
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Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.

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• Under these exceptions, TAFEs 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 vision impairments
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for students with hearing impairments
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.

11 November 2022
Organisational disability
exception
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• 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 with 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.

11 November 2022
Fair dealing for the purpose of
access by persons with a
disability
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• The fair dealing for disability exception allows TAFEs to copy materials for
students with a disability provided the use is ‘fair’.
• Common examples of fair dealings include:
o copying short extracts from films or news stories and captioning them
o copying pages from a book and enlarging the font.

11 November 2022
Which disability exception
applies?
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Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an
entire copyright work, it’s recommended
that you use the organisational disability
exception provided the material is not
commercially available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.

11 November 2022
Notice requirements
66
Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] of the Copyright Act. Any further
reproduction or communication of this material by you may be the
subject of copyright protection under the Act. Do not remove this
notice.

11 November 2022
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

11 November 2022
Students fair dealing
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• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.
"classroom" by Lauren Manning is
licensed under CC BY 2.0

11 November 2022
Education exception FAQs
69
1. Can I use my personal Netflix subscription to show a documentary in class for
educational purposes?
2. Can I format shift a film in DVD format to MP4 to upload onto our TAFE’s DTE
when the film is available to purchase in a digital format?
3. Can I copy a part of a film to include in an exam when the film is commercially
available?
4. Can I enlarge the font size of a book for a student with reading difficulties?

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11 November 2022
Commercial Activities
and Seeking Permission

11 November 2022
Commercial activities
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If commercialising teaching materials, TAFEs can only rely on the Statutory Text and
Artistic Works Licence to copy materials for use in course materials if it’s for
educational purposes and the materials are sold at no more than cost.
For example, TAFEs may be able to rely on the licence:
• for courses delivered by TAFEs for a commercial client
• for ‘hobby’, non-accredited and vocational courses
• provided to TAFE students based in other countries
• for a mainstream course with full paying students.
https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/.

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However, TAFEs cannot:
• supply materials created under the Statutory Text and Artistic Works Licence, at
more than cost price
• supply materials created under the Statutory Text and Artistic Works Licence to a
commercial entity (eg for use in-house training)
• use content available under a ‘non-commercial’ Creative Commons licence in
course materials where students are charged more than the actual cost of
producing the resources.

11 November 2022
73
A better approach when TAFEs are commercialising teaching materials
is not to rely on the Statutory Text and Artistic Works Licence at all, and
instead:
• use and/or repurpose TAFE owned content
• link to materials
• seek permission to use the materials or rely on an existing
permission the TAFE may have. See Permission templates on the
Smartcopying website.
https://smartcopying.edu.au/faqs/commercial-activities-in-
tafe/.

11 November 2022
Seeking permission
74
TAFE institutes should seek permission from the copyright owner when:
• they are not able to, or it is not practicable, to rely on a statutory or voluntary
licence or educational use exception to use material in the way they intend (eg if
uploading a resource to a public TAFE website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
• figure out who the copyright owner is
• write/email them to seek permission.
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/

11 November 2022
Attributing material used with
permission
75
Best practice attribution of material where you have permission to use a third party work:
1. As a resource on its own/in a resource you created
Reproduced and made available for copying and communication by [TAFE name] – [institute name],
for [its] educational purposes with the permission of [name copyright owner].
2. If permission is limited to use in the specific resource (ie no further copying or communicating
is permitted)
Reproduced and made available for copying and communication by [TAFE name] – [institute name],
for [its] educational purposes with the permission of [name copyright owner] (for use in this
publication only).
https://smartcopying.edu.au/labelling-and-attribution/

11 November 2022
Consent from students
76
Consent is required from a student (or their guardian) if a TAFE is using material
created by students and/or using photos or videos of students internally (eg on a
password protected DTE or classroom) or externally (eg on the TAFE website or
social media platforms such as Facebook or YouTube):
• in class activities
• in documents, newsletters, displays, journals, professional development materials
used internally or externally
• as part of marketing materials for the TAFE (eg an information booklet, poster or
on the TAFE website).
https://smartcopying.edu.au/guidelines/permissions-and-consents/consent/

11 November 2022
Commercial activities and
seeking permission FAQs
77
1. Can we sell materials for a professional development course that
TAFE is delivering, that include images copied under the Statutory
Text and Artistic Works Licence?
2. How would I go about seeking permission to copy an entire safety
manual produced by a mining company?

78
11 November 2022
Recap: How can I use
material?

11 November 2022
Copy and
communicate
Statutory Text
and Artistic
Works Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Display in class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible Dealing
Exception
Text and artistic works

11 November 2022
Copy and
communicate
Statutory
Broadcast
Licence (WA
TAFE only)
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

11 November 2022
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in 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

11 November 2022
Music
Play or display
in class
Section 28
Perform or
play outside
class
TAFE Music
Licence
Live stream or
make
recordings of
a TAFE event
TAFE Music
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam Copying
Exception
Music includes
musical works and
sound recordings

83
11 November 2022
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

11 November 2022
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
84

11 November 2022
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students can freely copy, share and
sometimes modify and remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

11 November 2022
• 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.
Creative Commons: How it all
works
CC five years by shizhao is licensed under CC BY 2.0
Modifications: cropped

11 November 2022
CC licence elements
87
There are 4 licence elements which are mixed to create six CC licences:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix

11 November 2022
CC licences
Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.

11 November 2022
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.

11 November 2022
90
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed
materials

11 November 2022
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube and Flickr.
Best way to find CC materials
91
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

11 November 2022
openverse

11 November 2022
openverse one-click
attribution
93
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.

11 November 2022
Google – CC search options
94
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for an image on the normal Google Images search, you can filter
so that the search results given are only CC images.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/

11 November 2022
Google advanced search
95
• Once you’re in the advanced settings, the usage rights filter is at
the very bottom.

11 November 2022
Once you’re in the advanced settings, the usage rights filter is at the very bottom.

11 November 2022
Google Images – Filter for CC
images
97
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.

11 November 2022
YouTube – Filter for CC videos
98
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.

11 November 2022
YouTube – Filter for CC videos
99

11 November 2022
Flickr
100
• 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.

11 November 2022
Flickr
101
• 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.

11 November 2022
Flickr
102

11 November 2022
Filmmusic
https://filmmusic.io
• All CC licensed
music.
• Can search by genre.
103

11 November 2022
Other places to find CC
material
104
• 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-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-videos
• Music: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-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

11 November 2022
CC plugins
105
• 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 openverse browser extension is an open-source, lightweight plugin that can be
installed and used by anyone with an updated web browser.

11 November 2022
106
https://smartcopying.edu.au/applying-a-creative-commons-licence/
Licensing your learning
resources under CC

11 November 2022
Applying a CC licence to your
learning resources
107
• TAFEs are encouraged to use CC licensed resources as well as license
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
https://smartcopying.edu.au/applying-a-creative-commons-licence/.

11 November 2022
Adding a CC licence to
learning resources
108
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
3. paste the icon onto the resource along with the attribution information and/or any other
notice you would like to include and
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/.
https://smartcopying.edu.au/applying-a-creative-commons-licence/

11 November 2022
How to label third party
content
109
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. 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. 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.

11 November 2022
110
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

11 November 2022
Attributing CC material
111
Teachers can use CC licensed materials as long as
you follow the licence conditions. One condition of all
CC licences is attribution. When attributing
remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution.
"Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0

11 November 2022
Where should I place the
attribution?
112
• 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).

11 November 2022
113
How would you attribute this CC image: https://www.flickr.com/photos/lschlagenhauf/38494602082/?
Furggelen afterglow taken by Lukas Schlagenhauf.
This image can be used under Creative Commons BY ND 2.0 Generic Licence.

11 November 2022
114
1. Title: Furggelen afterglow
2. Author: Lukas Schlagenhauf – linked to his profile page
3. Source: Furggelen afterglow – linked to original Flickr page
4. Licence: CC BY-ND 2.0 – linked to licence deed
“Furggelen afterglow” by Lukas Schlagenhauf is licensed under CC BY-ND 2.0.

11 November 2022
Attribution of TAFE owned
material
115
• Material that has been created by your TAFE should be clearly labelled as such in order to avoid paying
fees under the Statutory Text and Artistic Works Licence to use the material.
• This is best done with a footer on each page.
• Examples:
o © [TAFE name] – [institute name], 2020
o © [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
Applying a Creative Commons Licence.
https://smartcopying.edu.au/labelling-and-attributing/

11 November 2022
116
https://www.oerafrica.org/communication/find-open-
content/index.html#/lessons/_JVZ0dzfoYEImW4tZxtuA1hgwWiLd23q
Creative
Commons Quiz

11 November 2022
Useful OER and CC links
117
• OER in Australia
• Creative Commons Information Pack for teachers and students
• Where to find CC licensed materials
• Short explainers on CC and OER
• Videos on Creative Commons
• CC Search Browser Extension

118
11 November 2022
Workshop

11 November 2022
Case Study 1 – Statutory
licences
Josie, a social work teacher, is preparing a teaching resource. She:
1. photocopies pages from a textbook to hand out to students in her class
2. uploads a list of website links to the TAFE DTE for her students to access
3. scans and uploads an entire novel to the TAFE DTE when the novel is commercially available
as an e-book
4. copies a TV broadcast and uploads it to the TAFE DTE.
Is Josie allowed to do each of the activities? If yes, are there any restrictions on how she can use it
(eg consider copying limits, labelling requirements)?
119

11 November 2022
Case Study 2 – Music
Jake is a music production teacher. He:
1. is organising a TAFE fashion show and wants to play recorded music at the event
2. intends to record a TAFE Event such as a Graduation Ceremony and upload to the
TAFE Facebook page, as well as his personal Facebook page
3. intends to live stream the open day on the TAFE website
4. intends to play recorded music as background music in a TAFE staff room.
Is it okay for Jake to do these activities?
120

11 November 2022
Case Study 3 – Educational
exceptions
Samantha is a librarian who has been asked by teachers in her TAFE if they are allowed to:
1. play music from Spotify in class for educational purposes
2. create a teaching resource that includes YouTube clips
3. make a digital version of a DVD and upload that to the TAFE DTE when a digital version is
not commercially available
4. upload two minutes of a film onto the TAFE DTE and provide students access to it for use in
an online exam, when the film is commercially available on Google Play.
What should Samantha tell them? Are these activities covered by a licence or exception? If so,
please specify which. Are there any other restrictions?
121

11 November 2022
Case study 4 – Creative
Commons
Issy is a marine biology teacher at a TAFE. She has created a resource for her classes.
She wants to license it under a CC BY licence (with her TAFE’s approval). Can she do the
following with her resource?
1. License the resource under Creative Commons.
2. Use a photograph that was released under a CC BY licence in her resource.
3. Make changes to an illustration that has been licensed under a CC BY ND licence
and use it in her resource.
4. Use an image that she sourced from the internet (not CC licensed) in her resource.
122

123
11 November 2022
Smartcopying Tips

11 November 2022
Smartcopying tips
124
Where possible, create your own content.
• TAFE’s own material can be used or adapted
however you like.
• Free – no copyright licence fees are paid on TAFE
owned materials.
• Remember to label this material so that it is clear it
is TAFE owned material.
The Light Bulb Fragment, Day 208
of 365 by DieselDemon is licensed
under a CC BY 2.0.

11 November 2022
Smartcopying tips
Use Creative Commons (CC) licensed content and
consider licensing your resources under CC.
• 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.
Creative Commons - cc stickers by Kristina
Alexanderson is licensed under CC BY 2.0
125

11 November 2022
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.
"Netzwerke" is licensed with CC0 1.0.
Modifications: recoloured.
126

11 November 2022
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.
• It is also important to label material where you have permission to use it
• Attribution should include details such as:
o the copyright owner and/or author
o where the material was sourced from
o when it was sourced
Price Tag by pngimg.com is licensed
under CC BY-NC. Modifications:
recoloured.
127

11 November 2022
Smartcopying tips
Limit – ensure access to material is
limited to the relevant staff/students only
• Once material is communicated to an entire
TAFE/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.
Login Computer Internet Password Security by Max Pixel is
licensed under Creative Commons Zero - CC0.
Modifications: recoloured.
128

11 November 2022
Smartcopying tips
Clear out material that is no
longer required
Clearing out material as soon as possible
when it is no longer required is one practical
way of managing copyright risk and costs.
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
129

11 November 2022
Tips for encouraging
copyright compliance
130
TAFEs 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.
• Encourage participation in the NCU’s education program – in 2023 this program will include The NCU
Copyright Hour webinars, full day webinars, Q&A sessions and our online course.
• 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.
• The NCU has also developed a series of flow charts that outline how staff can use third party material in
their learning resources.

11 November 2022
Creating learning resources that include
third party text and artistic works
131
https://smartcopying.edu.au/flowcharts/

11 November 2022
The NCU’s education program
132
• NCU Copyright Hour webinars – one hour webinars for Australian
TAFE educators, librarians and administrators on specific copyright
topics.
• Copyright Q&A sessions – fortnightly one-hour Q&A sessions for
curriculum and education resource developers.
• Copyright for Educators course – online course for all Australian
school and TAFE teachers and librarians.

11 November 2022
More information
133
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - TAFE - 11 November 2022

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