The document discusses copyright issues related to teaching in TAFE institutions, outlining the role of the National Copyright Unit in managing educational copyright licenses and providing advice to TAFEs. It introduces the Statutory Text and Artistic Works License that allows TAFEs to copy and communicate text and artistic works for educational purposes. The document also addresses other relevant licenses and exceptions and provides resources on the Smartcopying website for educators around copyright compliance.
Information and communication technologies (ICT) are simply technologies arising fromscientific and technological progress in computer sciences, electronics andtelecommunications. They enable us to process, store, retrieve and disseminate valuableinformation in text, sound and video form. In an increasing interconnected world, brought about by the application of technological advances to all sectors of society, quality education necessitates active and innovative exploration to maximize the benefits of ICT and developand maintain the partnerships that use of ICT in education requires. This calls for re-conceptualising and restructuring the educational enterprise, so as to confront thetechnological challenges of this millennium. With rapid changes within society and radical transformations in the way people acquire knowledge, new teaching paradigms arerequired, ones that tune educational systems to modern times and ensure quality trainingfor large numbers of persons.
Information and communication technologies (ICT) are simply technologies arising fromscientific and technological progress in computer sciences, electronics andtelecommunications. They enable us to process, store, retrieve and disseminate valuableinformation in text, sound and video form. In an increasing interconnected world, brought about by the application of technological advances to all sectors of society, quality education necessitates active and innovative exploration to maximize the benefits of ICT and developand maintain the partnerships that use of ICT in education requires. This calls for re-conceptualising and restructuring the educational enterprise, so as to confront thetechnological challenges of this millennium. With rapid changes within society and radical transformations in the way people acquire knowledge, new teaching paradigms arerequired, ones that tune educational systems to modern times and ensure quality trainingfor large numbers of persons.
An analysis of the changing dynamics of education services distribution system due to the entry of IT and how this mechanism could be used as an advantage to promote education
An analysis of the changing dynamics of education services distribution system due to the entry of IT and how this mechanism could be used as an advantage to promote education
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
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Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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How to Make a Field invisible in Odoo 17Celine George
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2. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright 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.
2
3. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
3
www.smartcopying.edu.au
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions
5. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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)
5
6. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
6
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
8. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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
8
9. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
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
9
10. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
10
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. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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
11
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
12. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Copyright basics FAQs
12
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?
13. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
13
Can I use it?
TAFE
Music
Licence
15. Copyright for Educators
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National Copyright Unit
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/
16. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
16
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.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
17. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What is a copy?
17
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
18. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What is a communication?
18
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.
19. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
How much of a text work can I
copy and communicate?
19
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.
20. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
20
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.
21. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
How much of an artistic work can I
copy and communicate?
21
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
22. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What can schools do under
the Statutory Text and Artistic
Works Licence?
22
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. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
23
• 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) to the material once it is no
longer needed.
24. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
24
• 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 ‘Fearful Face emoji’ on dictionary.com
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.
25. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
How do I know if an image from
the internet will attract a fee?
25
• 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).
https://smartcopying.edu.au/guidelines/text-material/
26. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
26
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).
27. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is
not covered?
27
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.
28. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
28
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]
29. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Notice requirements
29
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/
30. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence FAQs
30
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?
32. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Radio and TV broadcasts
32
• 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/
33. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence –
TAFE WA
33
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/
34. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence – TAFE
WA
34
• 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:
• online programs from subscription TV/Radio broadcasters
• on-demand content from subscription TV that has not been previously broadcast
(Foxtel On Demand or Kayo Sports)
• streaming services (Netflix, Stan)
• See Statutory Broadcast Licence for more information.
35. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Radio and TV Broadcasts
FAQs
35
1. Can I copy a television program to play to my class?
2. If I’m not from WA, can I format shift a DVD copy of a TV program which was made
when my institute had the Statutory Broadcast Licence so that I can upload it to show
online to my class?
3. Can I play a TV program from ABC iView and play it in class?
4. Can I purchase a TV program from Google Play and play it in class?
37. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music in the TAFE
Classroom
37
• 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/
38. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
38
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.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
39. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
39
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.
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/
40. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
40
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.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
41. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
41
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).
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/
42. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
42
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.
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/
43. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
43
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.
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/
44. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Creative Commons music (all
TAFEs)
44
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.
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/
45. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Music FAQs
45
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 pre-recorded music at a TAFE graduation ceremony?
4. Can we record a TAFE event and place the recording on our
Facebook page?
47. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
9 March 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-
tafe-classes/
Performing and
Communicating Material in
Class (s 28)
47
48. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating copyright
material in class (s 28)
48
• 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
49. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses
49
• 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.
50. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
50
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
52. Copyright for Educators
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Flexible dealing (s 200AB)
52
• 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.
53. Copyright for Educators
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Flexible dealing guidelines
53
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.
54. Copyright for Educators
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Flexible dealing guidelines
54
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.
55. Copyright for Educators
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Common flexible dealing
activities
55
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.
56. Copyright for Educators
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National Copyright Unit
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YouTube, Apple TV, Google
Play and Netflix
• 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/ 56
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Exam copying exception
58
• 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/
60. Copyright for Educators
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Disability access exceptions
60
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’).
61. Copyright for Educators
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Disability access exceptions
61
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.
62. Copyright for Educators
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Disability access 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.
63. Copyright for Educators
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Organisational disability
exception
63
• 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.
64. Copyright for Educators
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Fair dealing for the purpose of
access by persons with a
disability
64
• 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.
65. Copyright for Educators
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Which disability exception
applies?
65
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.
66. Copyright for Educators
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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.
68. Copyright for Educators
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Students fair dealing
68
• 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
69. Copyright for Educators
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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?
71. Copyright for Educators
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Commercial activities
71
TAFEs can rely on the Statutory Text and Artistic Works Licence to copy materials for use in course
materials:
• for courses delivered by TAFEs for a commercial client
• for ‘hobby’, non-accredited and vocational courses
• provided to TAFE students based in other countries, so long as:
o the students are undertaking a course conducted by the Australian TAFE institute
o any print materials are copied in Australia, and digital materials are stored and uploaded to a
server from Australia
• for a mainstream course with full paying students
• provided for a ‘fee’ to another TAFE institute in another jurisdiction (eg for in-house training)
• where a TAFE and private RTO share delivery of the course
as long as it is for educational purposes and the materials are sold at no more than cost.
https://smartcopying.edu.au/flexible-dealing/
72. Copyright for Educators
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Commercial activities
72
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.
For more information, see https://smartcopying.edu.au/faqs/commercial-activities-in-
tafe/.
73. Copyright for Educators
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Seeking permission and consents
73
Seeking permission Consent from students
TAFE institutes only need to seek permission from
the copyright owner when:
• they are not able 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.
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).
For information about when permission is required and sample permission requests, see
https://smartcopying.edu.au/guidelines/permissions-and-consents/.
74. Copyright for Educators
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Attributing material used with
permission
74
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/
75. Copyright for Educators
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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?
77. Copyright for Educators
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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
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works
78. Copyright for Educators
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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
79. Copyright for Educators
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https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Play for non-
educational
purposes
Co-curricular
Licence
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
80. Copyright for Educators
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www.smartcopying.edu.au 80
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
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
82. Copyright for Educators
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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
82
83. Copyright for Educators
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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
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• 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
85. Copyright for Educators
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CC licence elements
85
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
86. Copyright for Educators
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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.
87. Copyright for Educators
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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.
89. Copyright for Educators
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The best place to start is CC Search:
https://ccsearch.creativecommons.org/
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
89
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
91. Copyright for Educators
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CC Search one-click
attribution
91
One-click attribution: CC Search gives you the attribution for all images. Makes it much easier to
credit the source of any image you discover.
92. Copyright for Educators
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CC Search sources
92
93. Copyright for Educators
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Google advanced search
93
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for something on the normal Google search, you can filter so that
the search results given are only free, openly licensed materials.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/
95. Copyright for Educators
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Google advanced search
95
• Once you’re in the advanced settings, the usage rights filter is at
the very bottom.
97. Copyright for Educators
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Searching Google for openly
licensed images
97
• Advanced search as described above or
• Google has a simpler way to filter Google images by reuse rights
(ie openly licensed resources).
98. Copyright for Educators
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Searching Google Images for
openly licensed images
98
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.
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YouTube – Filter for CC videos
99
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.
100. Copyright for Educators
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YouTube – Filter for CC videos
100
101. Copyright for Educators
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Flickr
101
• 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.
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Flickr
102
• 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.
104. Copyright for Educators
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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
105. Copyright for Educators
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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 CC Search Browser Extension is an open-source, lightweight plugin that can be
installed and used by anyone with an updated web browser.
107. Copyright for Educators
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Applying a CC licence to your
learning resources
107
• TAFEs are encouraged to use CC licensed resources as well as licence
learning resources they create under CC, where possible.
• This is because teachers can do more with CC licensed material and it
is free to access, use, modify and share.
• For more information on how to do this, see
https://smartcopying.edu.au/applying-a-creative-commons-licence/.
108. Copyright for Educators
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Adding a CC licence to
learning resources
108
1. Issues and concerns around licensing TAFE learning resources
under CC:
o improper attribution of TAFE owned materials
o competition between education providers.
2. Possible solutions to these issues and concerns:
o be very clear with your attribution requirements. Attribution is a condition of all CC licences.
o consider the SA licence.
3. Get in touch with the NCU for additional guidance and help.
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Which CC licence?
109
• CC BY is recommended where you are happy with anyone using your material as
it allows for the greatest possible reuse of licensed material provided you attribute
the material.
• CC BY SA (Share Alike) if you have some concerns about how your material will
be used, CC BY SA is recommended. This licence allows others to use the
material in a new resource provided the new resource is made available under the
same licence. Selling content for cost recovery or commercial purposes is allowed
under this licence.
• CC BY NC SA (Non-Commercial, Share Alike) is recommended if you do not
wish for your material to be used for profit. Under this licence, any new material
using your material cannot be sold for commercial purposes and in addition the
new material must be made available under the same licence.
https://smartcopying.edu.au/applying-a-creative-
commons-licence/
110. Copyright for Educators
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Adding a CC licence to
learning resources
110
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/
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Third party content
112
• You cannot apply a Creative Commons licence to third party content as you do not
have the rights.
• For all third party content, you must prominently mark or indicate in a notice that
this content is excluded from the Creative Commons licence.
• Learning resources that include third party content cannot go on a public website.
Must be password protected.
https://smartcopying.edu.au/how-to-label-third-party-content-in-creative-commons-licensed-material/
113. Copyright for Educators
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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.
115. Copyright for Educators
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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
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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).
117. Copyright for Educators
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Attributing CC material
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.
118. Copyright for Educators
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Attributing CC material
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.
121. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Useful OER and CC links
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• 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. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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)?
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124. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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 Jakes to do these activities?
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125. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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?
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126. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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 and wants to know:
1. what she needs to do in order to license it under Creative Commons.
2. if she can use a photograph that was released under a CC BY licence in her resource?
3. if she can make changes to an illustration that has been licensed under a CC BY ND licence
and use it in her resource?
4. If she can use an image that she sourced from the internet (not CC licensed) in her resource?
5. if she applies a Creative Commons licence to the resource, does that mean she has to make
it available on the internet?
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128. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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
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129. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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.
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130. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
Label – always attribute the source.
• All material created and used for educational purposes should be properly attributed.
• Attributing is important to ensure that we don't pay licence fees for material we
already own or are allowed to use – eg TAFE created content.
• Attribution should include details such as:
o the copyright owner (eg the publisher) and/or author
o title and publication information if available (eg edition, ISBN)
o where the material was sourced from (eg URL if online).
Price Tag by pngimg.com is licensed
under CC BY-NC. Modifications:
recoloured.
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131. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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.
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132. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
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
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133. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Creating learning resources that include
third party text and artistic works
133
https://smartcopying.edu.au/flowcharts/
134. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Tips for encouraging
copyright compliance
134
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.
• The NCU leads a ‘Copyright for Educators’ course – this is a free online course for all Australian
school and TAFE teachers and librarians.
• Ensure students and teachers are aware of the Smartcopying tips – Link, Label, Limit and Clear
out material when no longer needed.
• Encourage the use of Creative Commons and OER where possible. Have a look at our short
explainers on CC and OER on the Smartcopying website.
135. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
Copyright 4 Educators online
course
135
• Free online course for educators who want to learn about copyright, statutory
licences, educational exceptions and open educational resources.
• 7 week course. Three courses are running in 2022.
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-educators-
course.
136. Copyright for Educators
9 March 2022
National Copyright Unit
www.smartcopying.edu.au
More information
136
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855
Editor's Notes
Speaking notes:
- Acknowledgement of Country (NSW DoE template):
‘I acknowledge that I’m meeting with you today from the lands of the (INSERT DEPENDING ON LOCATION) people. I also acknowledge the Traditional Custodians of the various lands on which you all work today and pay respect to Elders past and present & emerging and extend that respect to other Aboriginal people joining us today.’
Explain to participants that we will be answering questions at the end of each section.
Speaking Notes:
Answers
copy, perform and communicate the copyright material to the public.
Yes, playing a film to an audience is a copyright activity – it is a ‘performance activity’.
Yes, displaying material on an interactive whiteboard is a copyright activity. It could be categorised as a ‘performance’. It may also be a communication.
Speaking Notes
Answers:
It depends, but likely no. TAFE’s may copy and communicate text in both hardcopy and electronic form for educational purposes, in reliance on the Statutory Text and Artistic Works Licence. Scanning is permitted, and so is uploading to a DTE. However, teachers can only copy and communicate text works as long as the amount copied or communicated ‘does not unreasonably prejudice the legitimate interests’ of the copyright owner. Therefore, whether you can scan the entire book, depends on the book. For works that are available to buy, only portions of the work can be copied for educational purposes under the licence. For these works, the ‘10% or one chapter rule’ is still a useful guide. For other works, such as older ‘out of print’ works, or works made available on the internet without any expectation of payment, teachers may be able to copy more (or even all) of a work. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. Teachers should also label and attribute material they copy under the Licence, we will discuss in more detail later in the presentation.
Yes, under the Statutory Text and Artistic Works Licence. However, use of the image is not free. Schools and TAFE institutes are currently paying millions of dollars a year to use freely available internet content under the Statutory Text and Artistic Licence. Where possible it is better to use images licensed under Creative Commons instead. We will talk more about where to find CC Licensed materials later in the presentation.
Speaking Note:
We will be discussing the education copyright exceptions later in the presentation.
Speaking Notes
Answers:
No, unless your are from a TAFE in WA. If you are from a TAFE in WA, your institute is covered by the Statutory Broadcast Licence. If your TAFE institute is not covered by the Broadcast Licence (the majority of TAFEs) you cannot copy a television program to play to your class. However, you are still able to:
play live broadcasts;
play or communicate purchased content (eg television programs, series, films, documentary programs);
play online television programs (eg from ABC iView, SBS On Demand or other catch up television services).
2) No, not after 31 December 2015. However, you can continue to play the TV program direct from the DVD to the class.
3) Yes, all jurisdictions can play a TV program from ABC iView under an exception in the Copyright Act. We will discuss this later in the presentation.
4) Yes, all jurisdictions can purchase a TV Program from Google Play and play in class under an exception in the Copyright Act. We will discuss this later in the presentation.
Speaking Note:
We will be discussing the education exceptions in the Copyright Act, in more detail later in the presentation.
Speaking Notes
Answers:
Yes, TAFEs can play live music at a TAFE event, such as an Open Day or Fashion Show, under the TAFE Music Licence.
Yes, under the TAFE Music Licence, TAFEs can play background music at TAFE operated restaurants.
Yes, TAFEs can play pre-recorded music (eg a popular song) at a TAFE graduation ceremony, under the TAFE Music Licence.
Yes, under the TAFE Music Licence, TAFEs can make a recording of a TAFE event, and upload to social media. TAFEs can rely on licences that APRA AMCOS and record labels have with social media platforms to communicate recordings of TAFE events to their Facebook pages.
Note, the post may still be muted by the social media platform, or taken down.
Speaking notes: if section 28 does not apply, the TAFE may be able to rely on the TAFE Music Licence (ie first two bullet points)
Speaking note: It is better to simply play the content in class or provide a link to students.
Speaking Notes:
Schools are more likely to be able to rely on the exception to copy materials for practice exams, if:
(a) the practice exam has a question and answer format;
(b) students are asked to complete the practice exam either:
(i) in class in a 'test' setting; or
(ii) in a more informal setting either in or outside the classroom but with certain time restrictions (i.e. where students are told to complete the practice exam by the end of the class, or if they are taking it home by the end of the week);
(c) a teacher is to review students' responses to the practice exam and provide some form of feedback or a mark to the student; and
(d) the purpose of the practice exam is to inquire into or assess the students' performance/capabilities.
Speaking Note
Answers:
Yes, under the s 28 exception.
No, this activity is not covered under any copyright exceptions as the film is commercially available to purchase.
Yes, under the exam copying exception in section 200(1A) of the Copyright Act.
Yes, if you are enlarging the font of a whole book, you can rely on the organisational disability exception (s 113F), provided it is not commercially available to purchase in the font size needed.
Speaking Notes
Answers:
Yes, provided that the materials copied under the Statutory Text and Artistic Licence are provided at no more than cost, the sale price only covers the physical production of the materials and/or other direct costs, and does not include a profit margin.
2) To seek permission, you write an email to the mining company. Any permission should be obtained in writing. However, permission can be as simple as an email from the mining company confirming that you are allowed to use the material in the way you intend.
Realign
Speaking Notes
Answers:
1) Yes. Under the Statutory Text and Artistic Works Licence, Josie can copy and communicate pages from a textbook for her class, as long as the amount copied or communicated “does not unreasonably prejudice the legitimate interests” of the copyright owner. For works commonly used by teachers or those that are currently available to buy, only portions of the work can be copied for educational purposes under the licence. For these works, the ‘10% or one chapter rule’ is still a useful guide. For other works, such as older ‘out of print’ works, or works made available on the internet without any expectation of payment, teachers may be able to copy more (or even all) of a work.
Attribution/Labelling
Josie should, wherever possible, include an attribution containing sufficient information to enable Copyright Agency or Screenrights to identify the owner of copyright. For text and artistic works, you should include as much of the following as possible and/or practical:
the author and publisher names (it’s not enough to include just the name of the author, the author is often different from the copyright owner)
title, edition or date of publication
ISBN or ISSN and
the full URL (if copying from a website).
The attribution should be placed wherever practicable (eg below the content, in the footer of each relevant page or as an intro/ending credits page).
2) Yes, Josie can upload a list of website links to the TAFE DTE for students to access. This is because linking and embedding are not copyright activities. There are therefore no restrictions or labelling requirements.
3) No. As noted under Answer 1, Josie can only copy and communicate a text work as long as the amount copied or communicated ‘does not unreasonably prejudice the legitimate interests’ of the copyright owner. Therefore, whether she can scan and upload the entire novel, depends on the novel. For works that are available to buy (such as the novel in this case), only portions of the work can be copied for educational purposes under the licence. For these works, the ‘10% or one chapter rule’ is still a useful guide. Josie can upload 10% or 1 chapter of the novel, to a password protected DTE. She should label in accordance with Answer 1 above.
4) No, Josie cannot copy a TV broadcast and upload it to the TAFE DTE, unless she is at a TAFE in WA. This is because only TAFES in WA are covered by the Statutory Broadcast Licence. All other TAFE jurisdictions without a Statutory Broadcast Licence cannot record television or radio broadcasts or communicate copy broadcasts.
Speaking Notes
Answers:
1) Yes, Jake can play recorded music (eg popular songs) at a TAFE fashion show under the TAFE Music Licence.
2) Yes, Jake can make the recording of the Graduation Ceremony, and upload this to the TAFE social media page, under the TAFE Music Licence. TAFEs can rely on licences that APRA AMCOS and record labels have with social media platforms to communicate (ie make available) the recording on the social media page. However, note the TAFE Music Licence does not cover Jake uploading the recording to his personal Facebook page.
3) Yes, Jake can live stream the TAFE Open Day via the TAFE Website under the TAFE Music Licence.
4) Yes, Jake can play recorded music as background music in the TAFE staff room under the TAFE Music Licence.
Speaking Notes
Answers:
Yes, the TAFE teachers can play music from Spotify in their classrooms under section 28.
The TAFE teachers may be able to rely on the flexible dealing exception to copy YouTube clips into their resources. This exception may apply if:
they cannot rely on any other licence or exception, and
they need the material for educational instruction (eg teaching a particular lesson or course) and
their use does not conflict with the normal exploitation of the material. This means that if the teachers can buy the material in the format they need within a reasonable time, or obtain a licence for their proposed use on reasonable terms, then they must do so.
If the TAFE teachers meet those criteria, then they may be able to rely on the flexible dealing exception provided they:
ensure no further copies or downloads can be made (view only)
limit access to the students/classes that need it for the specific instructional purpose
only use the amount of material that they need
only make the material available for the time needed for the course of study.
Note whether the exception applies must be considered on a case-by-case basis.
Labelling requirements: There is no requirement to label material copied under the flexible dealing exception. However, it is best practice to mark material copied with the following notice to limit potential liability of the TAFE in the event that a student uses the content in a way that may infringe copyright:
‘This material has been copied [and communicated to you] in accordance with the exam copying exception in section 200AB 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.’
3) Yes, this may be okay under the flexible dealing exception. See answer to 3 above, the same restrictions will apply. Here, the DVD is not commercially available in a digital format, and to format shift it to digital would unlikely conflict with the normal exploitation of the work. Note the labelling requirements under Q 3 apply here, also.
4) Yes, under the exam copying exception in section 200(1A) of the Copyright Act, the TAFE teachers can upload two minutes of a film onto the TAFE DTE, for students to access for use in an online exam. This exception may also apply to practice exams.
Speaking Notes
Answers
To license a learning resource that you’ve created under CC, all you have to do is:
- Choose your CC licence: https://creativecommons.org/choose/
- Copy the CC Licence icon
- Paste the icon onto the resource along with the attribution information and/or any other notice you would like to include and
- 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/.The copyright statement and CC licence can be placed on the first and/or last page of the resource or the footer of the resource so that it travels onto every page.
2) Yes, she can. A CC BY licence is an attribution licence, so she must attribute the creator. ‘Common-sense’ principles apply to providing attribution across all CC licences. When attributing a work under a CC licence she should remember TASL (Title, Author, Source, Licence).
3) No, a CC Attribution-No Derivative Works (BY-ND) licence only gives permission to copy, redistribute (publish, display, publicly perform or communicate the work) verbatim copies, and license to others. So, she cannot adapt or modify the resource. However, she could use the image as it is (with no changes) in her resource.
4) If her resource contains third party material (ie material not owned by her) that she does not have the right to license under the Creative Commons licence, then she will need to expressly exclude this material from the Creative Commons licence.
5) No, there is no requirement for her to make this available on the internet.