Copyright for Educators - TAFE - 23 February 2024

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
23 February 2024
Copyright for
Educators - TAFE
Arabi Shivaramanan and Claudia Lewis

23 February 2024
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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23 February 2024
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

23 February 2024
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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23 February 2024
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. Labelling and Attribution
7. Commercial Activities and Seeking Permission
8. Copyright Infringement Claims
9. Artificial Intelligence (AI)
10. Open Educational Resources (OER) and Creative
Commons (CC)
11. Workshop
12. Smartcopying Tips

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23 February 2024
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

23 February 2024
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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23 February 2024
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
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
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23 February 2024
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

23 February 2024
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/

23 February 2024
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?

23 February 2024
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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23 February 2024
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-
statutory-text-and-artistic-works-licence/

23 February 2024
www.smartcopying.edu.au 14
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/

23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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

23 February 2024
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.

23 February 2024
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.
• Use Creative Commons licensed material or create your own.

23 February 2024
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.

23 February 2024
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).

23 February 2024
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).

23 February 2024
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.

23 February 2024
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]

23 February 2024
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/

23 February 2024
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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23 February 2024
Radio and TV
Broadcasts
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts

23 February 2024
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/

23 February 2024
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/

23 February 2024
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).
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

23 February 2024
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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23 February 2024
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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).

23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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 the TAFE
Facebook page?

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23 February 2024
Education Exceptions

23 February 2024
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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23 February 2024
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.

23 February 2024
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.

23 February 2024
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

23 February 2024
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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.

23 February 2024
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/

23 February 2024
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

23 February 2024
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/

23 February 2024
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

23 February 2024
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’).

23 February 2024
58
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.

23 February 2024
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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.

23 February 2024
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.

23 February 2024
Notice requirements
61
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.

23 February 2024
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

23 February 2024
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

23 February 2024
Education exception FAQs
64
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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23 February 2024
Labelling and
Attribution

23 February 2024
Labelling and attribution
66
Labelling teaching materials correctly ensures:
• copyright owners get paid when their content is copied under
the statutory licences
• TAFEs do not have to pay to use content they own or have permission
to use.
Material that has been created by you or your TAFE should be clearly
labelled.
https://smartcopying.edu.au/labelling-and-attribution/

23 February 2024
Text and Artistic Works Broadcasts Creative Commons Own material
Attribution
Information
• author and publisher
• title
• edition or date published
• ISBN or ISSN
• URL (if from a website)
• program name
• channel
• date copied
• URL (if from a website)
• Title
• Author
• Source
• Licence
© [TAFE name] –
[Institute name],
2023
Basis Used • Statutory Licence:
‘Copied under s 113P of
the Copyright Act,
[attribution info]’
• Exception: Copied
under s [provision] of the
Copyright Act,
[Attribution info]
• Permission: [Attribution
info] ‘used with
permission’
• Statutory Licence (WA
only): ‘Copied under s
113P of the Copyright Act,
[attribution info]’
• Exception: Copied under
s [provision] of the
Copyright Act, [Attribution
info]
• Permission: [Attribution
info] ‘used with
permission’
Hyperlink licence to
licence terms
Include licence you
are using
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How to label and attribute

68
23 February 2024
Commercial Activities
and Seeking Permission

23 February 2024
Commercial activities - what
can I do?
69
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/.

23 February 2024
Commercial activities - what
can’t I do?
70
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.

23 February 2024
Commercial activities - a
better approach
71
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/.

23 February 2024
Seeking permission
72
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/

23 February 2024
Attributing material used with
permission
73
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/

23 February 2024
Consent from students
74
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/

23 February 2024
Commercial activities and
seeking permission FAQs
75
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?

76
23 February 2024
Copyright
Infringement Claims

23 February 2024
Copyright infringement claims
77
TAFEs may receive emails from companies (eg Copytrack, Pixsy) demanding payment for use of a copyrighted
image in what they allege is an infringing way. If this happens you should:
1. Remove the material.
2. Contact the National Copyright Unit.
3. Don’t respond to the email and contact us immediately with:
o a copy of the email;
o details about the image/photo that is the subject of the infringement claim;
o the date and time at which the material was taken down (from the website etc.); and
o any other relevant information, such as the basis on which the TAFE used the material. For example,
whether the image was used with permission, under a licence like Creative Commons, or under an
exception or the Statutory Text and Artistic Works Licence.
4. The NCU will assess all the relevant facts and information and advise on the next steps.
See our February 2024 Newsletter –Copyright Infringement Notices. Update: archiving/caching old pages is no
longer recommended – you should entirely take down content that no longer needs to be online.

78
23 February 2024
Artificial Intelligence
(AI)
https://smartcopying.edu.au/using-generative-ai-platforms-in-tafes/

23 February 2024
Copyright in generative AI
works
79
Does copyright exist?
Whether copyright will be found to subsist in the output of generative AI platforms will
depend on a number of factors including:
• the type of AI platform used
• what human prompts are given to the platform
• the form of the final output.
If yes, who owns copyright?
This depends on several factors including the platform’s terms of use.
TAFEs should check the platform’s terms to ensure that they assign copyright to the
user.

23 February 2024
Creating works using
generative AI
80
When using generative AI you should:
1. note the terms and conditions of the generative AI platform and whether they assign
copyright in the output to the user or only grant a licence
2. ensure the person who uses the platform to generate the work is employed by the TAFE
and has created the work as part of their employment
3. label content created using AI tool as follows:
‘This version was generated using [insert name of AI tool] and has been copied/made
available to you under the educational provisions of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of copyright
protection under the Copyright Act. Do not remove this notice.’
4. where practicable, only use content generated by AI platforms internally within the TAFE.

23 February 2024
Modifying works using
generative AI
81
If you want to use AI platforms to modify existing third-party materials, you should:
1. only do so if an education exception or the Statutory Text and Artistic Works
Licence applies, or you have permission from the copyright owner
2. label the modified material as follows:
‘This version has been modified using [insert AI tool] and has been copied/made available
to you under the educational provisions of the Copyright Act. Any further reproduction or
communication of this material by you may be the subject of copyright protection under the
Copyright Act. Do not remove this notice.’
3. ensure you comply with the attribution requirements of the generative AI tool.

82
23 February 2024
Recap: How can I use
material?

23 February 2024
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

23 February 2024
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

23 February 2024
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

23 February 2024
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

87
23 February 2024
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

23 February 2024
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
88

23 February 2024
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

23 February 2024
• 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

23 February 2024
CC licence elements
91
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

23 February 2024
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.

23 February 2024
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.

23 February 2024
94
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed
materials

23 February 2024
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube, Flickr, filmmusic.io and more.
Best way to find CC materials
95
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

23 February 2024
openverse

23 February 2024
openverse one-click
attribution
97
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.

23 February 2024
Google – CC search options
98
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/

23 February 2024
Google advanced search
99
• Once you’re in the advanced settings, the usage rights filter is at
the very bottom.

23 February 2024
Once you’re in the advanced settings, the usage rights filter is at the very bottom.

23 February 2024
Google Images – Filter for CC
images
101
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.

23 February 2024
YouTube – Filter for CC videos
102
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.

23 February 2024
YouTube – Filter for CC videos
103

23 February 2024
Flickr
104
• 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.

23 February 2024
Flickr
105
• 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.

23 February 2024
Flickr
106

23 February 2024
Filmmusic
https://filmmusic.io
• All CC licensed
music.
• Can search by genre.
107

23 February 2024
Other places to find CC
material
108
• 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

23 February 2024
CC plugins
109
• 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.

23 February 2024
110
https://smartcopying.edu.au/applying-a-creative-commons-licence/
Licensing your learning
resources under CC

23 February 2024
Applying a CC licence to your
learning resources
111
• 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/.

23 February 2024
Adding a CC licence to
learning resources
112
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/

23 February 2024
How to label third party
content
113
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.

23 February 2024
114
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

23 February 2024
Attributing CC material
115
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

23 February 2024
Where should I place the
attribution?
116
• 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).

23 February 2024
117
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.

23 February 2024
118
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

23 February 2024
Attribution of TAFE owned
material
119
• 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], 2023
o © [TAFE name] – [institute name], 2023. 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/

23 February 2024
120
https://app.sli.do/event/gczusyfqS5K2MAzbvx5BLX
Creative
Commons Quiz

23 February 2024
www.smartcopying.edu.au https://app.sli.do/event/gczusyfqS5K2MAzbvx5BLX 121

23 February 2024
Useful OER and CC links
122
• 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

123
23 February 2024
Workshop

23 February 2024
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)?
124

23 February 2024
Case Study 2 – Music
125
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?

23 February 2024
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?
126

23 February 2024
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) and wants to know:
1. What does she need to do in order to license it under Creative Commons?
2. Can she use a photograph that was released under a CC BY licence in her resource?
3. Can she make changes to an illustration that has been licensed under a CC BY ND licence
and use it in her resource?
4. Can she use an image that she sourced from the internet (not CC licensed) in her resource?
127

128
23 February 2024
Smartcopying Tips

23 February 2024
Smartcopying tips
129
• Create your own content where possible.
• Use Creative Commons (CC) licensed content and consider
licensing your resources under CC.
• Link – link or embed material whenever possible.
• Label – always attribute the source.
• Limit – ensure access to material is limited to the relevant
staff/students only.
• Clear out material that is no longer required.

23 February 2024
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 2024 this 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.

23 February 2024
Creating learning resources that include
third party text and artistic works
131
https://smartcopying.edu.au/flowcharts/

23 February 2024
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 –monthly one-hour Q&A sessions for
curriculum and education resource developers.

23 February 2024
More information
133
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - TAFE - 23 February 2024

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