Copyright for Educators - TAFESA eDay

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
23 September 2021
TAFE SA e-Learning
Day
Holly Cordell

23 September 2021
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright 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.
● www.smartcopying.edu.au
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23 September 2021
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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23 September 2021
Outline
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1. Statutory Text and Artistic Works
Licence
2. Education Exceptions
3. Music
4. Creative Commons (CC)
5. Smartcopying Tips

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23 September 2021
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-
statutory-text-and-artistic-works-licence/

23 September 2021
www.smartcopying.edu.au 6
TAFE institutes may:
• copy and communicate text and artistic works
for educational purposes
• in both hardcopy and electronic form
• provided the amount copied does not
unreasonably prejudice the legitimate interests
of the copyright owner.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/

23 September 2021
How much of a text work can I
copy and communicate?
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Teachers can copy and communicate text works as long as the amount copied or communicated
“does not unreasonably prejudice the legitimate interests” of the copyright owner.
• Not a ‘one size fits all’ approach.
• Flexibility – you can copy and communicate the amount you need, where to do so would cause
no harm to the copyright owner.
• The ‘10% or one chapter rule’ is still a useful guide in making this assessment for many text
resources that are still commercially available.

23 September 2021
When can I copy and communicate
more of a text work?
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You may be able to copy and communicate more of a text work (eg the whole
work) if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.

23 September 2021
How much of an artistic work can I
copy and communicate?
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Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is marked
with CC0 1.0

23 September 2021
What can TAFEs can do under
the Statutory Text and Artistic
Works Licence?
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Under the Statutory Text and Artistic Works Licence, TAFEs 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.

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23 September 2021
Education Exceptions

23 September 2021
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-tafe-classes/
Performing and
Communicating Material in
Class (s 28)
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23 September 2021
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows TAFEs to perform and communicate material 'in class’
• 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.

23 September 2021
Section 28 uses
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• Reading a story, news article, journal, handbook or other literary work.
• 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 iTunes, 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 iTunes, Google
Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.

23 September 2021
What is not covered?
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Section 28 does not cover communicating or performing
a work:
• to the parents of students
• for a fundraising activity
• at a TAFE event where there is no teaching involved
(eg graduation, open day, fashion show, workplace
such as a hair salon, etc).
Open source film making with Todd Harris
by opensource.com
is licensed under CC BY-SA 2.0

23 September 2021
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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23 September 2021
Flexible dealing (s 200AB)
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• Teachers commonly rely on this exception to copy audio (eg iTunes
music) and audio-visual content (eg YouTube videos).
• Section 200AB is a flexible exception that can be used by TAFEs
when no other exception or licence applies.
• You must assess your proposed use on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section
200AB.

23 September 2021
Common flexible dealing
activities
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Some examples of uses that may be permitted under the flexible dealing exception include:
• format shifting audiovisual content from CD or DVD to digital for use on devices lacking CD-
ROM drives when it is not possible to buy a digital version of the film or sound recording
• making a digital copy of a DVD to upload to a TAFE’s DTE in order to play to a landscaping
class
• compiling extracts of audio-visual material for use in class (eg making a compilation of short
extracts of several films for a photography class) when it is not possible to buy a similar
teaching resource.

23 September 2021
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

23 September 2021
Exam copying exception
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• TAFEs are allowed to copy and communicate copyright material for
use in online and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos,
etc.
o actual exams and assessments
o ‘practice’ exams and assessments on a case by case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

23 September 2021
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

23 September 2021
Disability access exceptions
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The Copyright Act contains two free disability copying exceptions:
1. use of copyright material by organisations assisting persons with a disability
(‘organisational disability exception’) and
2. fair dealing for the purpose of assisting persons with a disability (‘fair dealing
for disability exception’).

23 September 2021
Disability access exceptions
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• Under these exceptions, TAFEs/administering bodies 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 create audiobooks for students with vision impairment.

23 September 2021
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

23 September 2021
Students fair dealing
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• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.
"classroom" by Lauren Manning is
licensed under CC BY 2.0

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23 September 2021
Music

23 September 2021
Using music outside the
TAFE classroom (all except
WA)
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From 1 January 2021, TAFEs in NSW, SA, QLD, NT, 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.

23 September 2021
Using music outside the TAFE
classroom (all except WA)
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For example, TAFEs can:
• perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open
Day)
• play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show)
• play a sound recording as background music in TAFE businesses (eg TAFE training restaurants,
fitness centres or cafes)
• play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices)
• incorporate a sound recording into another work (eg adding music to a PowerPoint presentation)
to show at an event
• record, communicate and live stream TAFE events at which a musical work is performed or
sound recording played.

23 September 2021
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Recording your TAFE event
TAFEs can:
• record TAFE events that include the performance of a musical work live or a
sound recording
• authorise a third party (eg a professional videographer hired to film a TAFE
fashion show or graduation ceremony) to make a recording of a TAFE event on
its behalf.
https://smartcopying.edu.au/guidelines/education-licences/schools-amcos-licence/

23 September 2021
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What can I do with the recording of our TAFE event?
TAFEs can use the recording of their TAFE event(s) in the following ways:
• upload it to the TAFE website and/or DTE
• upload it to educational apps being used for TAFE communications (eg
Skillslocker)
• email a digital copy to the TAFE community (students and parents)
• provide a physical copy to the TAFE community (for example, on a USB
device)
• upload it to the TAFE’s official social media page (although where a musical
work or sound recording is played at the TAFE event the post may still be taken
down).

23 September 2021
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Incorporating sound recordings into other works
TAFEs can incorporate a sound recording into another unrelated work (eg add a backing track to a
PowerPoint presentation or to a video of a graduation ceremony).
TAFEs can then:
• upload the recording to the TAFE website, password protected intranet or password protected
DTE
• email or provide a physical copy of the recording to students and their families
• upload the recording to an educational app (for example ‘SkillsLocker’).
Note, however, the TAFE cannot upload this work to social media.
https://smartcopying.edu.au/guidelines/education-licences/schools-apra-licence/

23 September 2021
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Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a
sound recording is played, in real time from TAFE social media platforms (such
as Facebook or YouTube).
However, for live streams where a musical work or sound recording is being
played on social media, it is still possible that the performance may be blocked or
muted.
https://smartcopying.edu.au/guidelines/education-licences/schools-apra-licence/

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23 September 2021
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

23 September 2021
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
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23 September 2021
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students can freely copy, share and
sometimes modify and remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

23 September 2021
CC licence elements
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There are 4 licence elements which are mixed to create six CC licences:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix

23 September 2021
CC licences
Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.

23 September 2021
CC licences
Licence Type Licence Conditions
Attribution Non Commercial Freely use, copy, adapt and distribute for non-
commercial purposes. The copyright owner must be
attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the
original work for non-commercial purposes. The
copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-
commercial purposes provided the new work is
licensed under the same terms as the original work.
The copyright owner must be attributed.

23 September 2021
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
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"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

23 September 2021
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/.

23 September 2021
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/.

23 September 2021
Attributing CC material
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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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23 September 2021
Smartcopying Tips

23 September 2021
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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23 September 2021
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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23 September 2021
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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23 September 2021
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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23 September 2021
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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23 September 2021
Tips for encouraging
copyright compliance
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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.
• 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.

23 September 2021
More information
50
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - TAFESA eDay

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