2. Copyright for Educators
13 May 2021
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
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
www.smartcopying.edu.au
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to
find Creative Commons licensed resources
• Search the site for answers to your copyright questions
3
5. Copyright for Educators
13 May 2021
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
License (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
5
6. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Outline
1. Copyright Basics
2. Text and Artistic Works
3. Films and Videos
4. Radio and TV Broadcasts
5. Music
6. Workshop 1
7. Commercial Activities and
Seeking Permission
8. Open Educational Resources
(OER) and Creative
Commons (CC)
9. Workshop 2
10. Smartcopying Tips
6
7. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Different types of material
Text
Films and
Videos
Musical
Works
Broadcasts
Artistic
Works
7
What type of work do
you want to use?
Sound
Recordings
8. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using material for teaching
Education
Licences
Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
8
Can I use it?
9. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/ 9
10. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
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
10
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
What does copyright protect?
11. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au 11
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, iTunes,
Google Play, Netflix, Stan,
etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
12. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
A copyright owner has the exclusive
right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
A copyright owner’s rights
12
"Copyright graffiti" by opensourceway is
licensed under CC BY-SA 2.0
13. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au 13
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
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
14. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
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?
Copyright basics FAQs
14
15. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Text and Artistic
Works
https://smartcopying.edu.au/guidelines/text-material/ 15
16. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
13 May 2021
16
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-
and-artistic-works-licence/
Statutory Text and Artistic
Works Licence
17. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
TAFE institutes may:
• copy and communicate text and artistic works
• in both hardcopy and electronic form for
educational purposes
• provided the amount copied does not
unreasonably prejudice the legitimate
interests of the copyright owner.
17
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster)
by MaryKosowska is licensed under
CC BY-NC-ND 2.
18. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
This Licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, maps, websites
• artistic works – paintings, diagrams, photographs, animations
in both hardcopy and electronic form.
Statutory Text and Artistic
Works Licence
18
19. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au 19
What is a copy?
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• 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
20. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
What is a communication?
20
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 Google Classroom)
• emailing.
21. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
How much can I copy and
communicate of a text work?
21
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.
22. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
When can I copy and
communicate more of a text work?
22
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. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Teachers can copy and
communicate whole artistic
works under the Statutory Text
and Artistic Works Licence.
How much can I copy and
communicate of an artistic
work?
23
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0
24. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
What can teachers do under the
Statutory Text and Artistic
Works Licence
24
Under the Statutory Text and Artistic Works Licence, teachers can:
• download a learning resource from a subscription site to provide students
• 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.
25. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
25
• 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.
• Limit access to those who need the material for classroom and/or homework
exercises.
• Delete or archive (ie disable access) to the material once it is no longer
needed.
26. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
26
You should always attribute any material you copy and communicate with as much of the
following as possible:
1. name of the author
2. title
3. publisher
4. edition or date of publication
5. ISBN or ISSN
6. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher,
edition or date of publication, ISBN/ISSN or URL]
27. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copied under s 113P of the Copyright Act
[Author, Title, Publisher, Edition or date of publication, ISBN/ISSN or
URL]
[Link to warning notice]
A practical way of including this notice is to insert a link to the notice from the
attribution information:
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.
Notice requirements
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
27
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/
28. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
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:
• ‘Fearful Face emoji’ on dictionary.com
• photographs from Wikipedia pages
• photographs from Pinterest
• a photo of the NRL grand final teams
• a photograph of a bowl of chicken soup
• a Google Images search result for Gozleme.
28
29. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
How do I know if an image from
the internet will attract a fee?
All images from the internet used by TAFEs will attract remuneration under the
Statutory Text and Artistic Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed
images)
• the copyright in the image has expired and is in the public domain (see How
long does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).
29
30. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
30
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).
31. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is not
covered?
31
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.
32. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Performing and communicating
copyright material in class (s 28)
32
• 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.
• Includes any type of material.
• Must be restricted to staff and students who need material.
33. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses of text and
artistic works
33
• Reading aloud a story, news article,
journal, handbook or other literary work
• Displaying content from a live website
on an interactive whiteboard.
"Feb 1: A Very Modern Lecture" by pjohnkeane is
licensed under CC BY-SA 2.0
34. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
34
• TAFEs are allowed to copy and communicate copyright material for use
in online and hardcopy exams.
• Covers all types of copyright material – images, text, music, films,
videos, etc.
• Does not extend to practice papers. Must be an actual exam.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
35. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
35
The Copyright Act contains two free disability access 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’).
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability-
access-exceptions/
36. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
36
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.
37. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
37
Under these exceptions, teachers can:
• create a digital version of a hardcopy book and make any necessary
adjustments, such as the font size or colour, to assist students vision
impairments
• create audiobooks for students with vision impairment.
Both exceptions can be used by teachers to assist students with a
disability, but the circumstances in which they apply differ.
38. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Organisational disability
exception
38
• 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.
39. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Organisational disability
exception
39
Best practice to include the following notice where reasonably
practicable:
This material has been copied/made available to you under section
113F of the Copyright Act. Any further reproduction or communication
of this material by you may be the subject of copyright protection
under the Act. Do not remove this notice.
40. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Fair dealing for the purpose of
access by persons with a
disability
40
• The fair dealing for disability exception allows teachers to copy materials for
students with a disability provided the use is ‘fair’.
• Common examples of fair dealings include:
o copying short extracts from films or news stories and captioning them
o copying pages from a book and enlarging the font.
41. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
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.
41
Which disability exception
applies?
42. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
42
• 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.
https://smartcopying.edu.au/students-and-copyright/
"classroom" by Lauren Manning is
licensed under CC BY 2.0
43. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Text and artistic works FAQs
43
1. Can I create a digital copy of a textbook by scanning the entire book and then
uploading this to my TAFE’s LMS?
2. Can I download a worksheet from a personal subscription (eg Learning and
Teaching Sustainability) and use this resource in my classroom?
3. Can I display a few pages of an e-book on an interactive whiteboard as part of
a classroom activity/discussion?
4. Can I enlarge the font size of a book for a student with reading difficulties?
5. Can a student copy an image from Pinterest to use in their Photography
project?
44. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Films and Videos
https://smartcopying.edu.au/guidelines/films-and-videos 44
45. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Playing films
45
TAFEs can play films in class for educational
purposes (under the s 28 exception) – this includes
from streaming services such as Netflix.
See http://www.smartcopying.edu.au/information-
sheets/schools/performance-and-communication-of-
works-and-audio-visual-material-in-class---what-am-
i-allowed-to-do- Open source film making with Todd
Harris by opensource.com
is licensed under CC BY-SA 2.0
46. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copying and communicating films
46
• Teachers may be able to copy and communicate films (eg make a digital copy of a film
and upload to a DTE):
○ in limited circumstances under the flexible dealing exception. You must assess
your proposed use against a number of criteria on a case-by-case basis.
○ to play to a class under s 28. This copy must be removed once the class is over.
• Note that copying films from sites like YouTube or Vimeo may be contrary to their terms
of use.
• It is better to simply play the film in class or provide a link to students.
47. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copying films - guidelines
47
Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction (eg teaching particular lesson or course) AND
Educational instruction includes:
• teaching
• preparing to teach
• compiling resources for student homework or research
• 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.
"film" by popturfdotcom is licensed
under CC BY 2.0
48. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copying films - guidelines
48
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 digital teaching environment (DTE), make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose - if you
are uploading a film to the 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 marine biology, 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.
49. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Copying films
49
Some examples of uses that may be permitted under the educational exceptions 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.
50. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Technological Protection
Measure (TPM) exceptions
50
A lot of digital content is now protected by TPMs. TPMs prevent you from making further
copies or limits access to material.
However, TAFEs are permitted to circumvent copy TPMs under the:
• Statutory Text and Artistic Works Licence
• flexible dealing exception in section 200AB
• organisational disability exception in section 113F
• fair dealing for disability exception in section 113E.
https://smartcopying.edu.au/guidelines/copyright-basics/technological-protection-
measures-tpms/
51. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Disability copying exceptions
51
Under these exceptions, teachers
can provide captions, audio-
descriptions or subtitles to audio
visual material (eg YouTube, films,
etc) for hearing impaired students.
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
"typewriter 1" by spikeyhelen is licensed
under CC BY-NC-SA 2.0
52. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
52
• TAFEs are allowed to copy and communicate films (and other works) for use
in exams.
• Does not extend to practice papers. Must be an actual exam.
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
53. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
53
• Students can copy and communicate films 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.
https://smartcopying.edu.au/students-and-copyright/
54. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Films and videos FAQs
54
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 LMS 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 circumvent a TPM to copy a film under the flexible dealing
exception?
5. Can I add subtitles to a film for hearing impaired students?
55. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Radio and Television
Broadcasts
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 55
57. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
57
• Only applies to TAFE WA and Bradfield Senior College (NSW).
• Covers the copying and communication of:
o television broadcasts from free-to-air television (ABC, SBS, channels 7, 9, 10, Gem, etc)
o radio broadcasts from free-to-air radio (AM, FM, Digital)
o scheduled broadcast content on subscription TV (eg Foxtel)
o online TV/radio programs from a free to air broadcaster’s website including podcasts and
catch up TV, provided it has been broadcast by the free to air broadcaster.
58. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Making and using the copy under
the Statutory Broadcast Licence
58
• Copy can be in any format (eg DVD, MP4).
o Does not matter what recording device or platform you use to copy a program, including
educational products/services such as ClickView, Functional Solutions, Kanopy or OnDemand
Media.
o Teachers or TAFE librarians may make the copies themselves or use an external resource
centre, such as ClickView, Enhance TV or TV4Education to make and supply the copy.
• You can:
o upload or save the copy of a program to a password protected intranet or DTE
o email a copy of a program to staff and students.
• No limit to how much you can copy.
59. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
What is not covered
59
The Statutory Broadcast Licence does not cover:
• online programs from subscription TV/Radio broadcasters
• on-demand content from subscription TV that has not been previously
broadcast (Foxtel On Demand or Kayo Sports)
• television programs from streaming services (Netflix, Stan)
• purchased television programs from iTunes, Google Play, online or retail stores
• films or DVDs which are bought or rented by the TAFE
• online videos (YouTube, vimeo, TeachersTube, Edmodo, Khan Academy)
• online games.
60. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Notice Requirements
60
Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Program title, Channel, Date copied]
[Link to warning notice]
Warning
This material has been copied [and communicated to you] in accordance
with the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject
of copyright protection under the Act. Do not remove this notice.
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/
61. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
13 May 2021
61
https://smartcopying.edu.au/use-of-television-programs-and-film-by-tafe-institutes-
without-a-statutory-broadcast-licence/
Use of radio and television
broadcasts by TAFEs
without a Statutory
Broadcast Licence
62. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
TAFEs without a Statutory
Broadcast Licence
62
• Most TAFEs are not covered by the Statutory Broadcast Licence. These institutes
cannot copy television or radio broadcasts or communicate copy broadcasts.
• TAFE institutes are still able 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).
63. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
TAFEs without a Statutory
Broadcast Licence
63
However TAFEs without a Statutory Broadcast Licence cannot:
• record television or radio programs from television or radio broadcasts (this includes copying by Fetch
TV or similar products)
• make further copies of television programs copied under the previous Statutory Broadcast Licence
• keep copies of copy television or radio broadcasts made under the Statutory Broadcast Licence on a
TAFE institute’s password protected intranet or DTE
• obtain copies of television or radio broadcasts from resource centres such as Enhance TV, Informit or
ClickView
• upload and/or make available copy broadcasts to intranets (including password protected intranets),
content or learning management systems.
64. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Radio and television
broadcast FAQs
64
1. Can I play a documentary from ABC iView to my class?
2. Can I copy a television program to play to my class?
3. 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?
4. Can I show videos in class if my institute is not covered by
the Statutory Broadcast Licence?
65. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Music
https://smartcopying.edu.au/music-copyright-guide-for-tafes/ 65
66. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
In the classroom (copyright exceptions) Outside the classroom
Section 28 (to play/perform music and sound
recordings in the classroom).
Voluntary TAFE Music Licence with APRA, AMCOS,
ARIA and PPCA from 1 January 2021 for TAFEs in
NSW, QLD, ACT and TAS.
Flexible dealing (applies in limited circumstances if
no other exception applies and it is for educational
instruction).
Check and if needed, obtain specific ad-hoc licences
with APRA AMCOS for TAFE institutes in WA, SA
and the NT.
Exam copying (to copy or communicate material
for exams).
All TAFE institutes can also use Creative Commons
music.
Disability access exceptions (use of material and
fair dealing of material for students with a
disability).
How can I use music in TAFE?
66
68. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music in the TAFE
classroom (s 28)
68
Teachers and students in all TAFEs can perform musical works live or play recorded
music in class (includes virtual classes) under s 28 of the Copyright Act, provided it
is:
• in the course of education
• the people in the audience or class are giving or receiving instruction.
Teachers can also upload sound recordings to a TAFE intranet or DTE in order to
play them in class, but they should remove them from the intranet/ DTE, or remove
access to the sound recordings by students, as soon as class is over.
69. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Music examples – what teachers
and students can do under s 28
69
Examples of what teachers and students can do include:
• singing musical work and playing instruments in class
• performing a musical work in a virtual class using a DTE
• using a DTE to show the score of a musical work to external students so that those
students can play along to the score in a virtual class
• playing a sound recording in class in any format (eg digital music from Spotify or Apple
music, Google Play Store, CD) using a DTE, interactive whiteboard or virtual classroom
software
• playing a film (DVD or online film) in class which contains a musical work and/or sound
recording using a DVD player or DTE.
70. Copyright for Educators
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National Copyright Unit
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What is not covered?
70
Section 28 does not cover communicating or performing a work at a TAFE
event where there is no teaching involved (eg graduation, open day,
fashion show, workplace such as a hair salon).
"Music Note Bokeh" by all that
improbable blue is licensed under CC
BY-NC-SA 2.0
71. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music (other exceptions)
71
Flexible dealing
• If TAFEs want to copy and communicate musical works or sound recordings for educational
instruction they may be able to rely on the flexible dealing exception (eg to prepare an
arrangement of a musical work for students to perform in a music class when you cannot
buy the arrangement you need). See Flexible Dealing Exception.
Disability access exceptions
• If you are copying or communicating musical works or sound recordings in order to make
them accessible to a student with a disability, you may be able to do this under the disability
exceptions (eg uploading a braille film score to a password protected DTE for a student with
a visual impairment, where the braille version is not available in a digital format). See
Disability Access Exceptions.
72. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music (other exceptions)
72
Exam Copying
• Teachers are allowed to copy and communicate musical works and sound recordings for use
in exams.
• This exception does not extend to practice papers.
• You can only rely on this exception to copy and communicate copyright material for actual
exams and assessments. See Exam Copying.
74. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
74
From 1 January 2021, TAFEs in NSW, QLD, ACT and TAS can 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.
75. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
75
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.
76. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
76
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.
77. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
77
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).
78. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
78
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.
79. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (NSW, QLD, ACT, TAS)
79
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.
80. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (WA, SA, NT)
80
• TAFEs in WA, SA and NT are not currently covered under the new TAFE Music Licence.
• If TAFEs in these jurisdictions want to use music in ways not covered by the exceptions in the Copyright Act,
they will need to obtain specific licences from OneMusic (APRA AMCOS and PPCA) or directly from the
copyright owner, or use music from other resources.
• For example, you would need to obtain licences to play music at:
o fashion shows, open days or graduation ceremonies
o TAFE businesses such as fitness centres, restaurants and hair salons
o TAFE corporate areas (eg staff rooms, reception areas)
o telephone on hold music.
• It is a good idea for TAFEs to contact their local copyright manager to see if their TAFE has OneMusic licences
in place for these activities.
81. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom (WA, SA, NT)
81
There may be instances where TAFEs in these jurisdictions can use alternative
sources of music such as:
• free music available under Creative Commons licences or
• alternative music licences to those offered by OneMusic (eg Audio Network,
Visual Sounds and Music on Hold).
82. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Creative Commons music (all
TAFEs)
82
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
• Op Sound – CC music archive
• Magnatune – CC Record label
• Jamendo – CC music distribution site
• Freesound – collaborative data base of CC licensed sounds.
83. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Music FAQs
83
1. Can I play music from Spotify in my class for educational purposes?
2. Can we play live music at a TAFE event (eg Open Day)?
3. Do we need a licence to play background music at our TAFE
operated restaurant?
4. Can we play pre-recorded music at a TAFE graduation ceremony?
5. Can we record a TAFE event and place the recording on our
Facebook page?
6. Can I play Creative Commons licensed music at a TAFE event?
85. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Case study 1 – Text and
artistic works
85
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 LMS for her students to access
3. downloads an image from the internet to include in a PowerPoint presentation
4. scans and uploads to the TAFE LMS an entire teaching manual that is
commercially available
5. bookmarks a webpage to later display live in the classroom.
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)?
86. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Case study 2 – Films, videos
and broadcasts
86
Samantha is a librarian who has been asked by teachers in her TAFE if they are allowed to:
1. create a teaching resource that includes YouTube clips
2. make a digital version of a DVD and upload that to the TAFE LMS when a digital version is not
commercially available
3. upload two minutes of a film onto the TAFE LMS and provide students access to it for use in an online
exam, when the film is commercially available on Google Play
4. access copy broadcasts on ClickView, download these and then upload them to the TAFE’s LMS
5. record a copy broadcast of a free-to-air TV program to play it to the class.
What should Samantha tell them? Are these activities covered by a licence or exception? If so, please
specify which. Are there any other restrictions?
87. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Case study 3 - Music
87
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 live stream the open day on the TAFE website
3. intends to play recorded music as background music in a TAFE staff room
4. is preparing an online exam, and wants to include some extracts of popular music in the
exam questions
5. is preparing an arrangement of a musical work for students to perform in a music class
when he cannot purchase the arrangement that he needs.
Is it okay for Jakes to do these activities? Does it make a difference what jurisdiction Jake is in?
88. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
88
Commercial
Activities and
Seeking Permission
89. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Commercial activities
89
1. Can TAFEs sell materials created under the Statutory Text and Artistic Works Licence?
A TAFE is permitted to rely on the Statutory Text and Artistic Works Licence, provided the materials
copied 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. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy materials, which are
provided at cost, when delivering a professional development course for a commercial client?
Yes, provided the materials copied 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.
90. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Commercial activities
90
3. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course materials
for ‘hobby courses’ and non-accredited courses?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the
materials are provided at no more than cost.
4. Can TAFEs rely on the Statutory Text and Artistic Works Licence to copy class materials for
TAFE students based in other countries, where course delivery takes place overseas?
It does not make a difference where the course is delivered (eg at the campus or at an external location)
or whether the students are taught by staff of the TAFE institute or by local teachers overseas. TAFEs can
rely on the Statutory Text and Artistic Works Licence so long as:
• the students are undertaking a course conducted by the Australian TAFE institute
• any print materials are copied in Australia, and digital materials are stored and uploaded to a server
from Australia.
91. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
Commercial activities
91
5. Can TAFEs rely on the Statutory Text and Artistic Works Licence in preparing course materials
for a mainstream course if there are full paying students undertaking the course?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the
materials are provided at no more than cost.
6. Can TAFEs provide for a fee, course materials which include content copied under the Statutory
Text and Artistic Works Licence to another TAFE institute in another jurisdiction or a commercial
entity (eg for in-house training)?
Material copied under the Statutory Text and Artistic Works Licence can only be provided to another TAFE
if the materials are provided at no more than cost.
However the materials could not be supplied to a commercial entity for use in an in-house training.
92. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Commercial activities
92
7. If content is available under a ‘non-commercial only’ Creative Commons licence, does this allow a TAFE
to use it in course materials for courses where students are charged more than the actual cost of producing
the resources?
No, as the materials are being supplied for financial profit.
8. Where a TAFE and a private RTO share delivery of a course, can educational Statutory Text and Artistic
Works Licence materials be used in the course materials?
Yes, provided the course is provided by the TAFE institute and the materials are provided at no more than cost.
9. Where a TAFE offers vocational courses to school students, can the course materials incorporate
educational Statutory Text and Artistic Works Licence materials?
Yes, provided the course materials that include the Statutory Text and Artistic Works Licence material are free or
sold at cost.
For more information, see https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/.
93. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
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 digital teaching environment (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/.
Seeking permission and consents
93
94. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Commercial activities and
seeking permission FAQs
94
1. We are providing a professional development course. Can we sell for
profit, materials which 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?
95. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/ 95
96. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
“Is licensing really the most important question for OER?” by Caroline Madigan for
opensource.com is licensed under CC BY-SA 2.0
What are Open Education
Resources (OER)
96
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.
https://smartcopying.edu.au/introduction-to-oer/
97. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0.
97
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.
98. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
CC five years by shizhao is licensed
under CC BY 2.0
Modifications: cropped
Creative Commons: How it all
works
98
• 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.
99. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Benefits for TAFEs
99
Cheaper: saves money on copyright fees and administrative costs of seeking permission.
Education resources can be shared freely online with very low transaction costs.
Equitable: offers equal access to knowledge for everyone and allows for education resources to be
adapted for minorities and those with disabilities.
Collaborative: encourages collaboration and creates communities based on sharing of education
resources. Can share resources on public websites and social media.
Adaptable: enables educators to reuse, remix and adapt resources since the copyright owner has
already given permission to everyone. (eg by translating or using local examples)
Safer: free to reuse, remix, redistribute and adapt education resources without running the risk of
breaching the complex copyright rules.
Internet compatible: it is better adapted to the Internet and the freedom which the Internet
provides to copy, distribute, adapt and remix resources.
Accessible: over 1.8 billion Creative Commons licensed works.
100. Copyright for Educators
13 May 2021
National Copyright Unit
www.smartcopying.edu.au
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
CC licence elements
100
101. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
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.
101
CC licences
102. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
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.
102
CC licences
104. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
104
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
106. Copyright for Educators
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www.smartcopying.edu.au 106
CC Search one-click attribution
One-click attribution: CC Search gives you the attribution for all images. Makes
it much easier to credit the source of any image you discover.
107. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au 107
CC Search sources
108. Copyright for Educators
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Google advanced search
108
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.
To apply the filter: first, go into your advanced search settings, which
are found in the settings tab on the right hand side of your search
result.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/
110. Copyright for Educators
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Google advanced search
110
• Once you’re in the advanced settings, the usage rights filter is at the
very bottom.
111. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
@smartcopying.edu
#hashtagSmartcopying
An Internal Guide for Departments of Education and
Non-Government Administering Bodies
111
112. Copyright for Educators
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Searching Google for openly
licensed images
112
• Advanced search as described above or
• Google has a simpler way to filter Google images by reuse rights (ie,
openly licensed resources).
113. Copyright for Educators
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National Copyright Unit
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After you search for an
image, all you have to do is
click “Tools”, then under
“Usage Rights” select
“Creative Commons
licenses”).
Searching Google Images for
openly licensed images
113
114. Copyright for Educators
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www.smartcopying.edu.au
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under “Features” select
“Creative Commons”.
https://smartcopying.edu.au/how-to-find-creative-commons-material-using-youtube/
YouTube – Filter for CC videos
114
115. Copyright for Educators
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www.smartcopying.edu.au 115
YouTube – Filter for CC videos
116. Copyright for Educators
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Flickr
116
• 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.
117. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au 117
• 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.
Flickr
119. Copyright for Educators
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Other places to find CC material
119
• 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
120. Copyright for Educators
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CC plugins
120
• 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.
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Applying a CC licence to your
learning resources
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• 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/.
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Adding a CC licence to your
learning resources
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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?
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• 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.
125. Copyright for Educators
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www.smartcopying.edu.au
Adding a CC licence to learning
resources
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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/.
127. Copyright for Educators
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www.smartcopying.edu.au
Third party content
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• 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/
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How to label third party content
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There is no single correct way to label third party content, and different situations may
require more or less complicated notices and marking.
There are 2 often used mechanisms:
1. Giving a notice next to third party content: this involves marking or notating all
third party content. To do this you should indicate directly underneath the content.
Or
2. Giving a general notice listing all third party content: this involves giving a
general notice that identifies all third party content. This notice would usually be
included in your terms of use or copyright statement for a website or in the verso page
or bibliography for a work.
130. Copyright for Educators
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www.smartcopying.edu.au
"Free Stock: Copyright sign 3D render" by Muses
Touch is licensed under a CC BY-NC-ND 2.0
Attributing CC material
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Teachers can use CC licensed materials as long as you follow
the license 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.
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Where should I place the
attribution?
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• 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, LMS
etc).
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Attributing CC material
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.
133. Copyright for Educators
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Attributing CC material
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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.
136. Copyright for Educators
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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
138. Copyright for Educators
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Case study 4 – Creative
Commons
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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. 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?
5. if she applies a Creative Commons licence to the resource, does that mean she has to make
it available on the internet?
139. Copyright for Educators
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www.smartcopying.edu.au
Smartcopying Tips
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140. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
Creative Commons - cc stickers by
Kristina Alexanderson is licensed
under CC BY 2.0
Smartcopying tips
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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.
141. Copyright for Educators
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Smartcopying tips
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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 image.
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Smartcopying tips
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Label – always attribute the source.
• All material created and used for educational purposes should
be properly attributed.
• Attributing is important to ensure that we don't pay licence fees
for material we already own or are allowed to use – eg TAFE
created content.
• Attribution should include details of:
o the copyright owner and/or author
o where the material was sourced from
o when it was sourced.
This Photo by Unknown Author is
licensed under CC BY-NC.
Modifications: recoloured.
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Smartcopying tips
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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.
144. Copyright for Educators
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National Copyright Unit
www.smartcopying.edu.au
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
Smartcopying tips
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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.
145. Copyright for Educators
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Tips for encouraging
compliance with copyright
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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
• 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.
146. Copyright for Educators
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Copyright 4 Educators online
course
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• Free online course for educators who want to learn about copyright,
statutory licenses, educational exceptions and open educational resources.
• 7 week course. Three courses run in 2020, with over 150 learners taking the
course.
• 2021 dates: 26 July – 12 September 2021 (enrolments open 19 July 2021).
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-
educators-course.
147. Copyright for Educators
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More information
147
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855