Copyright for Educators - Tuesday 26 March 2024

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
26 March 2024
Copyright for
Educators - Schools
Jessica Smith and Claudia Lewis

26 March 2024
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the school and TAFE sectors regarding their copyright
responsibilities.
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26 March 2024
Smartcopying website
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• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions

26 March 2024
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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26 March 2024
Outline
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1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Statutory Broadcast Licence
4. Music and Co-curricular Licences
5. Education Exceptions
6. Labelling and Attribution
7. Audiobooks
8. Seeking Permission and Consents
9. Copyright Infringement Claims
10. Artificial Intelligence (AI)
11. Open Education Resources and Creative Commons
12. Workshop
13. Smartcopying Tips

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26 March 2024
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

26 March 2024
What does copyright protect?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
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26 March 2024
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple TV,
Google Play, Netflix, Stan,
etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
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26 March 2024
Who owns copyright
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General Rule
The copyright owner is:
• the author or creator for artistic, literary, musical and dramatic works
• the maker or producer for sound recordings films and broadcasts.
Exception for employment
For works made in the course of employment under a contract of service, the
copyright owner is:
• the employer (eg their Department of Education, the Catholic Education
Commission or an Independent School).
https://smartcopying.edu.au/guidelines/copyright-basics/who-owns-copyright/

26 March 2024
A copyright owner’s rights
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A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
"Copyright graffiti" by opensourceway is licensed
under CC BY-SA 2.0

26 March 2024
Copying Activities Performance Activities Communication
Activities
● scanning
● downloading
● printing
● saving to another device
– USB, hard drive,
mobile phone, tablet
● photocopying
● taking a digital
photo/screenshot
● playing films and music
● singing songs
● playing instruments
● acting out a play
● reading a book or
reciting a poem to a
class
● display or project on an
interactive whiteboard
● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/

26 March 2024
Copyright basics FAQs
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1. Copyright gives the copyright owner the right to
exclusively do three activities. What are these?
2. Is playing a film to an audience a copyright activity?
3. Is displaying material on an interactive whiteboard a
copyright activity?

26 March 2024
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
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Can I use it?
Schools
Music
Licence

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26 March 2024
Statutory Licences

26 March 2024
Statutory Text and Artistic
Works Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/
15

26 March 2024
www.smartcopying.edu.au 16
• Schools may copy and communicate text and
artistic works for educational purposes,
provided the amount copied does not
‘unreasonably prejudice the legitimate
interests of the copyright owner’.
• Administering bodies can also rely on this
licence when creating teaching and learning
resources for schools.
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.

26 March 2024
Works Licence
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This licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, websites
• artistic works – paintings, maps, diagrams, photographs, animations
in both hardcopy and electronic form.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/

26 March 2024
How much of a text work can I
copy and communicate?
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Teachers can copy and communicate text works as long as the amount copied or
communicated “does not unreasonably prejudice the legitimate interests” of the copyright
owner.
• Not a ‘one size fits all’ approach.
• Flexibility – you can copy and communicate the amount you need, where to do so would
cause no harm to the copyright owner.
• The ‘10% or one chapter rule’ is still a useful guide in making this assessment for many text
resources that are still commercially available.

26 March 2024
When can I copy and communicate
more of a text work?
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Schools 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.

26 March 2024
How much of an artistic work can I
copy and communicate?
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Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0

26 March 2024
What can schools do under
the Statutory Text and Artistic
Works Licence?
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Under the Statutory Text and Artistic Works Licence, schools can:
• download a student worksheet from the internet
• copy images to use in a PowerPoint
• photocopy a poem/textbook chapter 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.

26 March 2024
Smartcopying tips
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• Link or embed content instead of downloading or communicating –
linking and embedding are not copyright activities.
• Limit access to the minimum required number of students and
staff.
• Delete or archive (ie disable access) to the material once it is no
longer needed.
• Use Creative Commons licensed material or create your own.

26 March 2024
Labelling and attribution
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You should always attribute any material you copy and communicate with as much of the
following as possible:
1. the basis on which material was copied (eg “Copied under s 113P of the Copyright
Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher,
edition or date of publication, ISBN/ISSN or URL]

26 March 2024
Notice requirements
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Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]
Warning
This material has been copied [and communicated to you] in accordance with
the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of
copyright protection under the Act. Do not remove this notice.
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/

26 March 2024
Images from the internet
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Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
Currently, the School sector pays over $52 million each year for this licence. In previous years, we
estimated that over $6 million of annual licence fees were from the use of images from the internet.
Some recent examples:
• 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.

26 March 2024
Which images from the
internet attract a fee?
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All images from the internet will attract fees 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).

26 March 2024
What is not covered by the
Statutory Text and Artistic Works
Licence?
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The Statutory Text and Artistic Works Licence doesn’t permit:
• mass digitisation of books
• mass copying of e-books
• copying of software
• placing content online for anyone to access (eg on Facebook, YouTube, Instagram,
etc).

26 March 2024
What if my intended use is not
covered?
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You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (eg link to it or create your own content inspired
by the original material)
• rely on one of the education exceptions discussed later in this PowerPoint.

26 March 2024
Works Licence FAQs
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1. Can I create a digital copy of a textbook by scanning the entire book and
uploading it to my school’s DTE if the book is commercially available in a
digital format?
2. Can I download a worksheet from the internet and use this resource in my
classroom?
3. Can a teacher scan an article from a journal to use in their Science teaching
resource?
4. Can I copy an image from Google Images into a PowerPoint presentation to
show my class?

26 March 2024
Statutory Broadcast Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 30

26 March 2024
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Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
Schools obtain copies of TV or radio broadcasts from resource centres (eg ClickView or
TV4Education) or by copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for schools. Schools access these copy
broadcasts through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/

26 March 2024
Using the copy broadcast
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• The copy broadcast can be in any format (eg DVD, MP4) and you can format shift it as
needed.
• You can use the copy broadcast in the following ways:
o play it in class
o make additional copies as needed (eg download it if the resource centre offers this
option, or copy it to a USB for students)
o communicate the copy broadcast (eg upload a copy to a password protected DTE
or email it).
• No limit to how much you can copy or communicate.

26 March 2024
What is not covered?
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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 Apple TV, Google Play, online or retail stores
• films or DVDs which are bought or rented by the school
• online videos (YouTube, Vimeo, TeachersTube, Edmodo, Khan Academy)
• online games (ABC for Kids).

26 March 2024
Notice requirements
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Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[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/

26 March 2024
FAQs
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1. Can I download a TV show from ClickView and then upload this
to my school’s DTE?
2. Can I make a TV program that I recorded from Foxtel On
Demand available for students to access on a DTE?
3. Can I copy a TV program from ClickView even if it is available to
buy from Google Play?

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26 March 2024
Music and Co-
curricular Licences

26 March 2024
Schools Music Licence
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
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26 March 2024
Schools Music Licence
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• Schools have entered into the Schools Music Licence with the bodies that represent
composers, music publishers and record labels.
• The Schools Music Licence allows schools to use music for a school purpose in a range of
ways.
• All government and most Catholic and independent schools are covered by the School
Music Licence. To check whether your school is covered, contact your local copyright
manager.

26 March 2024
What is a school purpose?
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A school purpose is anything which the school undertakes as part of its usual activities,
provided it is non-commercial. For example:
• providing educational and religious services for its staff, students and members of the school
community as part of normal school activities
• engaging with members of the school community
• promoting students’ work
• school events.
Note: private music tuition is not a school purpose.

26 March 2024
What is a school event?
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School event means an event organised or authorised by the school.
This includes events or functions held at the school or connected with the school but held at a
different venue.
Examples of school events:
• concerts
• presentation nights
• drama or music performances
• assemblies
• sports days or school fêtes.

26 March 2024
How can schools use music?
Copy and communicate
sheet music
Perform music Copy and communicate
sound and/or video
recordings of music
• Photocopy sheet music for
the school orchestra.
• Upload sheet music to a
password protected DTE
for teaching purposes in
the classroom.
• Perform at an end of year
assembly as part of the
school band/choir.
• Play a song at a school
dance performance.
• Download a song to play at
a school dance
performance.
• Record a school band/choir
performance and share this
to the school website or
Facebook page.
Examples of what schools can do under the Schools Music Licence:

26 March 2024
Sheet music
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Schools can make as many copies of print or digital sheet music as are reasonably required.
https://smartcopying.edu.au/guidelines/music/
Do re mi
±
The Schools Music Licence covers:
• photocopying hardcopy sheet music
• making digital copies of print sheet music (eg scan to digital format)
• printing copies of digital sheet music
• emailing PDF versions of digital sheet music
• uploading copies of sheet music to a password protected or
restricted access DTE.

26 March 2024
Sheet music
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Schools should mark hardcopy and digital copies of sheet music they make with the words
“AMCOS LICENSED COPY” and the following information:
Do re mi
±
• name of the school
• date copied
• the name of the owner of the original sheet music that was copied (eg
the school or teacher that bought the original).

26 March 2024
Limits on copies of sheet
music
44
Under the Schools Music Licence schools:
• can only copy up to three songs from a Grand Right Work (eg words or music that has been
written expressly for an opera, musical play etc)
• can only copy a long choral work (longer than 20 minutes) where the public performance of
the choral work is validly licensed (eg the school has obtained a licence to perform the choral
work)
• cannot make copies of sheet music for students’ private music tuition, even if it takes place
on the educational institution’s premises.
• cannot make copies of sheet music where the lyrics have been changed or the music has
been adapted.

26 March 2024
Performing musical works live
45
Schools can perform musical works live for a school purpose at
the school or a function connected with the school’s activities.
For example, schools can perform musical works at:
• school concerts and performance evenings (choirs, singing groups, school bands,
orchestra or rock bands)
• music festivals, including music eisteddfods and the NSW Schools Spectacular or
equivalent events in other States and Territories
• school award nights or graduations (eg a school band performing at an awards
night).

26 March 2024
Playing sound recordings
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Schools can play sound recordings for a school purpose at the school or a
function connected with the school’s activities. For example, schools can play
sound recordings at:
• school concerts and performance evenings (eg backing track to a dance
performance)
• music festivals, including music eisteddfods and the NSW Schools
Spectacular or equivalent events in other States and Territories (eg a
soundtrack playing while a choir performs)
• school award nights or graduations (eg playing a popular song as a backing
track at a graduation ceremony).

26 March 2024
Admission fees
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Can we charge admission fees for a school performance (eg concerts)?
Schools can charge admission fees to performances of music as long as the proceeds from the
fees mostly go to the school or a registered charity.
"admit one" by wwnorm is marked with CC BY-NC-SA
2.0. Modifications: cropped, recoloured.
Does not include:
• performances by secondary school students of musical
works in a dramatic context where the performance is
advertised/promoted outside the school community
• events where the school is performing musical works or
playing sound recordings for commercial activities.

26 March 2024
Live streaming a school event
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Schools can live stream their school event in real time from the school website, a social media
platform (eg Facebook Live, YouTube) or a video conferencing platform (eg Zoom).
If using social media, the live stream:
• must be from the school’s official social media page on the platform
• may be blocked or muted.
If you are concerned about a live stream or recording being muted or
blocked, contact the NCU.
Alternatively, you may want to consider uploading the recording to your
school website or password protected DTE.

26 March 2024
Recording a school event
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Schools can make a recording (audio and/or video recording) of a school event at which
musical works are performed and sounds recordings are played.
"Recording in
Progress" by byzantiumbooks is marked
with CC BY 2.0. Modifications: cropped,
recorder icon added, resized.
For example, schools can:
• record a school dance performance using a song as a backing track
• record a school orchestra playing a musical work at an end of year
event.

26 March 2024
Sharing a recording of a
school event
50
Schools can then:
• upload the recording to the school website
• make a physical copy (eg copy it onto a USB) and distribute it (free or at cost recovery price)
to members of the school community (ie parents/carers/guardians and students)
• upload it to the school’s official social media account (note it may be blocked or muted)
• upload it to a password protected area on the school intranet, and make this available to
parents and students
• upload it to an educational app used by the school to communicate with the school
community (eg Schoolbag, Seesaw, but not apps like Snapchat and TikTok).

26 March 2024
Incorporating music into
another work
51
Schools can incorporate a sound recording into another, unrelated work, such as a video of a school event
or a PowerPoint presentation.
The school can then:
• upload the recording to the school website, password protected intranet or DTE
• email and/or message the recording to students and parents (the school community)
• upload the recording to an educational app that is being used by the school to communicate with the
school community (ie Schoolbag, Seesaw, Compass and SZapp, but excluding apps like Snapchat and
TikTok).
Note, the school cannot upload this to social media.

26 March 2024
Labelling a recording
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Under the Schools Music Licence, all school event recordings which include music need to
have the following attribution:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
You must also display the following details of each musical work captured in the recording:
• the title
• the composer/arranger
• the artist and recording company (if you are using a backing track).

26 March 2024
Music as a school bell
53
Schools can play music as a school bell:
• For non-government schools: under an
exception in the Copyright Act and the
Schools Music Licence.
• For government schools: under a licence
with PPCA and the Schools Music Licence.
"Belfry" by kai.griesshammer is licensed under CC BY-NC-
ND 2.0

26 March 2024
Music in religious services
54
Schools that are covered by the Schools Music Licence can rely on it when using religious music if:
• the music is covered by the Schools Music Licence
• the service or event is for a school purpose
• the music is being used in a way permitted by the Schools Music Licence.
Examples of activities where schools may use religious music:
• students and staff singing hymns during school assemblies, graduation programmes and seasonal
services
• displaying lyrics on a screen during a school assembly or school religious service
• playing musical works and sound recordings in school religious services, even when held at non-school
venues.
https://smartcopying.edu.au/music-in-religious-services/

26 March 2024
Co-curricular Licence
https://smartcopying.edu.au/films-playing-for-non-educational-purposes/ 55

26 March 2024
56
Optional licence – your school or Department/administering body can choose to take
up the licence.
Permits schools to play films to teachers, students and parents acting in a
supervisory capacity for the following purposes:
• at school for entertainment purposes (eg at lunchtime on a rainy day)
• on bus excursions, where the school provides the DVD
• at school camps and excursions, including outdoor screenings at camp, where the school
provides the DVD
• at after-school care and holiday programs conducted at and by the school.

26 March 2024
57
• Roadshow Films Pty Ltd
• Walt Disney
• Warner Bros
• Paramount
• Universal International Pictures
• 20th Century Fox
• Sony Pictures Entertainment Inc.
• Icon
• eOne
• StudioCanal (previously Hoyts)
• Palace Films
• Rialto Entertainment
• Madman
• Transmission
• Pinnacle
• Sub labels of these (eg MGM, United
Artists, Dreamworks, Buena Vista,
Columbia, Tristar, Hopscotch, Marvel
and Pixar).
Only covers Roadshow studios and distributors including:

26 March 2024
58
The Co-curricular Licence will not apply where the film is played:
• to the general public
• at a fundraising event for the school
• at school and after school holiday programs conducted by a third party
• at an event advertised or promoted to people other than students and staff of the
school
• where advertising or promotion occurs during the playing of a film.

26 March 2024
Music and Co-curricular
Licences FAQs
59
1. Can students sing the song ‘Happy’ in an upcoming school performance?
2. Can the primary school band conductor make 40 copies of sheet music of multiple songs from the musical
Shrek?
3. Can I play a song as the school bell?
4. A year 6 class does a dance performance to the track ‘This is Me’ at the end of year concert.
a) Can a teacher record their performance?
b) Can the teacher upload this to their personal Facebook page?
c) Can a copy of the recording be provided to parents of those students?
5. Can a teacher play a film at lunch time on a rainy day?

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26 March 2024
Education Exceptions

26 March 2024
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
61

26 March 2024
Performing and
communicating material in
class (s 28)
62
• Section 28 allows schools to perform and communicate material 'in class'
(includes remote students) for educational instruction.
• 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.

26 March 2024
Section 28 uses
63
• 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 Apple TV, Google Play, etc)
o purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music, Google Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.

26 March 2024
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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 school excursion or camp where there is no teaching involved
• for non-teaching purposes in the school (eg showing a film at lunch on a rainy day,
playing music at school concerts, dances or formals, sports days, fairs, etc).

26 March 2024
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
65

26 March 2024
Flexible dealing (s 200AB)
66
• Section 200AB (the flexible dealing exception) is an exception that allows schools
to copy and communicate content when no other exception or licence applies, and
the content is needed for educational instruction.
• The exception only applies in limited circumstances. You must assess your
proposed use on a case-by-case basis.
• Schools commonly rely on this exception to copy audio-visual content (eg YouTube
videos).
• The NCU has guidelines to ensure your use falls under the flexible dealing
exception.

26 March 2024
Flexible dealing guidelines
67
Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction AND
• Educational instruction includes:
o teaching
o preparing to teach
o compiling resources for student homework or research
o doing anything else for the purpose of teaching.
• You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
• If you can buy the material in the format you need within a reasonable time, or obtain a licence for
your proposed use on reasonable terms, then you must do so.

26 March 2024
Flexible dealing guidelines
68
If you have relied on the flexible dealing exception and want to communicate that material to students (eg
upload to the school DTE), you should:
• ensure no further copies or downloads can be made - make the material ‘view only’
• limit access to the students/classes that need it for the specific instructional purpose - if you are
uploading a film to the school DTE for a year nine English 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, 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.

26 March 2024
Common flexible dealing
activities
69
• Copying extracts of videos (eg YouTube) needed for educational instruction.
• Copying an entire video (eg YouTube) for educational instruction when you cannot purchase it.
• Format shifting small extracts of a video when it is needed for educational instruction.
• Format shifting an entire video for educational instruction when you cannot purchase it.
• Preparing an arrangement of a musical work for students to perform in class when you cannot purchase
the arrangement.
• Changing/adapting song lyrics when the changed/adapted lyrics are needed for educational instruction.
• Making translations of works when you cannot purchase the translation and it is needed for educational
instruction.

26 March 2024
YouTube, Apple TV, Google
Play and Netflix
• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state content can
only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances, you may be
able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in breach of
contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• Schools can manage risk by only using content under the exceptions in the Copyright Act. Contact the
NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/ 70

26 March 2024
Smartcopying Tip
71
Link or stream instead of downloading video content
under the flexible dealing exception
• link to or embed content – linking and embedding are
not copyright activities as you are not copying the
content. You are merely providing a pathway to where
they are on another website.
• directly stream content in class.
"File:External-link (CoreUI Icons
v1.0.0).svg" by CoreUI is licensed under CC BY 4.0

26 March 2024
72
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

26 March 2024
Exam copying exception
73
• Teachers and administering bodies 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 exams and assessments.
• The exception may cover ‘practice’ exams and assessments, needs to be
considered on a case-by-case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/

26 March 2024
74
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

26 March 2024
Disability access exceptions
75
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’).

26 March 2024
76
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.

26 March 2024
77
• Under these exceptions, schools/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 convert a book into Easy English
o create audio books for students with vision impairment.
• Both exceptions can be used by schools to assist students with a disability, but
the circumstances in which they apply differ.

26 March 2024
Which disability exception
applies?
78
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.

26 March 2024
Notice requirements
79
Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] of the Copyright Act. Any further
reproduction or communication of this material by you may be the
subject of copyright protection under the Act. Do not remove this
notice.

26 March 2024
80
https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

26 March 2024
Students fair dealing
81
• 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.

26 March 2024
Education exception FAQs
82
1. Can I display a few pages of a website on an interactive whiteboard as part of a
classroom activity/discussion?
2. Can I give my students a link to a YouTube clip to watch?
3. Can I format shift a film in DVD to MP4 to put onto our school’s DTE when the
film is available on Google Play?
4. Can I enlarge the font size of a book for a student with reading difficulties?
5. Can I play a movie from ABC iView in my class for educational purposes?

83
26 March 2024
Labelling and
Attribution

26 March 2024
Labelling and attribution
84
Labelling teaching materials correctly ensures:
• copyright owners get paid when their content is copied under
the statutory licences
• schools do not have to pay to use content they own or have
permission to use.
Material that has been created by you, your school or an educational
body should be clearly labelled.
https://smartcopying.edu.au/labelling-and-attributing/

26 March 2024
Where is the material from? Clearly attribute any third-party materials in any
resource you create (for example with the title, channel/distributor, date accessed and
source).
How can the material be used? Label third-party materials clearly, so the basis on
which they have been used is obvious (for example, used with permission, copied
under one of the education licences or exceptions) and clear to anyone using the
resource how they can use it.
Labelling and Attribution
85

26 March 2024
Text and Artistic
Works
Broadcasts
Sheet Music Recordings* that
Include Music
Creative
Commons
Own Material
Attribution
Information
• Author and
publisher
• Title
• Edition or date
published
• ISBN or ISSN
• URL (if from a
website)
• Program name
• Channel
• Date copied
• URL (if from a
website)
• School name
• Date copied
• Copyright
owner name
• Title
• Composer/
arranger
• Artist and
recording
company (if using
a backing track)
• Title
• Author
• Source
• Licence
© [Department/
Administering
body], [School
name], 2023
Basis Used • Statutory Licence:
Copied under s
113P of the
Copyright Act,
[Attribution info]
• Exception: Copied
under s [provision]
of the Copyright
Act, [attribution info]
• Permission:
[Attribution info]
‘used with
permission’
• Statutory Licence:
Copied under s 113P
of the Copyright Act,
[Attribution info]
• Exception: Copied
under s [provision] of
the Copyright Act,
[Attribution info]
• Permission:
[Attribution info] ‘used
with permission’
AMCOS
LICENSED COPY
[Attribution info]
This recording has
been made under
a licence from AMCOS
and ARIA for school
purposes only’.
*includes recordings of
school events.
Hyperlink licence
to licence terms.
Include licence you
are using.
86
How to label and attribute

87
26 March 2024
Audiobooks

26 March 2024
Creating an audiobook
88
1. Is the audiobook available to purchase within a reasonable time in a format
that will suit your school’s educational purposes (eg from Google Play, Apple
Books, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/

26 March 2024
Creating an audiobook
89
3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
If you are communicating this audiobook (eg uploading it to a DTE):
• Only use the content you need for the educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected online space as soon as
practicable (eg by archiving).

26 March 2024
Alternatives to creating your
own audiobook
90
You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg Apple Books, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).

26 March 2024
Alternatives to creating your
own audiobook
91
3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), the school can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10 copies
of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is cheapest.

92
26 March 2024
Seeking Permission
and Consents
https://smartcopying.edu.au/guidelines/permissions-and-consents/

26 March 2024
Seeking permission
93
Schools only need to seek the copyright owner’s permission 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 uploading material to a public website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
• figure out who the copyright owner is
• write/email them to seek permission.
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/

26 March 2024
https://smartcopying.edu.au/labelling-and-attributing/
Attributing material used with
permission
Best practice attribution of material where you have permission to use a third-party work:
1. As a resource on its own/in a resource you created
Reproduced and made available for copying and communication by [insert name of
Department/Administering Body/School] for [its] educational purposes with the permission of [name
copyright owner].
2. If permission is limited to use in the specific resource (ie no further copying or communicating
is permitted)
Reproduced and made available for copying and communication by [insert name of
Department/Administering Body/School] for [its] educational purposes with the permission of [name
copyright owner] (for use in this publication only).

26 March 2024
Consent from students
95
Consent is required from a student (or their guardian) if a school is using material
created by students and/or using photos or videos of students internally (eg on a
password protected DTE or classroom) or externally (eg on the school website or
social media platforms like 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 school (eg an information booklet, poster or
on the school website).
https://smartcopying.edu.au/guidelines/permissions-and-consents/consent/

96
26 March 2024
Copyright
Infringement Claims

26 March 2024
Copyright infringement claims
97
Schools or administering bodies may receive emails from companies (eg Copytrack, Pixsy) demanding payment
for use of a copyrighted image in what they allege is an infringing way. If this happens you should:
1. Remove the material.
2. Contact the National Copyright Unit.
3. Don’t respond to the email and contact us immediately with:
o a copy of the email;
o details about the image/photo that is the subject of the infringement claim;
o the date and time at which the material was taken down (from the website etc.); and
o any other relevant information, such as the basis on which the school used the material. For
example, whether the image was used with permission, under a licence like Creative Commons, or
under an exception or the Statutory Text and Artistic Works Licence.
4. The NCU will assess all the relevant facts and information and advise on the next steps.
See our February 2024 Newsletter –Copyright Infringement Notices. Update: archiving/caching old pages is no longer
recommended – you should entirely take down content that no longer needs to be online.

98
26 March 2024
Artificial Intelligence
(AI)
https://smartcopying.edu.au/using-generative-ai-platforms-in-schools/

26 March 2024
Copyright issues for AI
• AI technology is rapidly developing, and this presents exciting
opportunities for the education sector.
• However, copyright in this space is complex and there are a
number of legal uncertainties in both Australian and overseas
law.
• Copyright issues to do with AI are being debated and considered
across jurisdictions.
• The NCU has some guidelines and recommended approaches
when using AI tools in education while the copyright issues
remain unresolved.
https://smartcopying.edu.au/using-generative-ai-platforms-in-schools/
99

26 March 2024
Education applications of AI
1. Adapting resources to suit curriculum or syllabus outcomes
2. Developing resources suited to specific learning levels or proficiencies
3. Creating worksheets/activities in response to prompts
4. Changing resources from one format to another (for example, from
summary into questions and answers)
5. Summarising key concepts and facts for students
6. Preparing marking rubrics or lesson plans
7. Translating material to/from English
8. Adapting material so that it can be used by students with disabilities

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

26 March 2024
• Check the terms and conditions of the AI tool you are using to confirm if an
assignment or a licence to copyright in the output is given.
• Sometimes the terms and conditions may provide that copyright in the output is
licensed to the user under a Creative Commons licence or on other terms. Ensure
you comply with the terms of any applicable licence.
• If using students’ copyright protected prompts or works generated by students using
an AI tool for non-educational purposes, or publishing student AI-generated work
internally (eg on a DTE) or externally (eg on a public-facing website or social media
pages), the student’s consent will be required.

26 March 2024
When using generative AI to create new works you should:
1. note the terms and conditions of the generative AI platform and whether they
assign copyright in the output to the user or only grant a licence
2. ensure the person who uses the platform to generate the work is employed by the
school and has created the work as part of their employment
3. label content created using AI tool as follows:
‘This work was generated using [insert name of AI tool]. Any copyright subsisting
in this work is owned by [INSERT TAFE/Dept of Education/Administering Body].’
4. where practicable, only use content generated by AI platforms internally within the
school or TAFE.

26 March 2024
Example: Using AI to create new
material
• A physical education teacher is preparing a PowerPoint
presentation to support a class about physical activity.
• The teacher prompts ChatGPT to “create a fun and engaging
rap that promotes the importance of exercise and encourages
students in Year 3 to be physically active. Include references
to walking, throwing a ball, swimming, riding a bike.” The
teacher adds to and changes the rap to make it relevant for
their students.
• The teacher also prompts an AI tool to generate an image of a
“happy avocado playing tennis”.
“happy avocado playing tennis”
generated by Canva Magic Studio
(DALL-E)

26 March 2024
Using AI tools with existing material
Only modify third-party works using AI if you have permission of the copyright owner, or
can rely on an exception or licence under the Copyright Act:
• Creative Commons material can be modified if the licence permits derivatives
• using third-party text or artistic works may be covered by the Statutory Text and Artistic
Works Licence
• other uses may be covered by an exception:
- adapting for students with a disability: Disability Access Exception
- creating exam questions or material for an examination: Exam Copying Exception
- other limited cases: Flexible Dealing Exception.

26 March 2024
Wherever possible, when using AI tools to adapt existing material:
• use AI tools to remix or adapt material in which your school/TAFE or department/
administering body owns copyright.
• if using AI to modify Creative Commons material, ensure the relevant licence
permits Derivative Works and comply with the relevant licence terms. Material with
a “No Derivative Works” condition should not be used.
• keep a record of the prompts that you use to generate new works / modify existing
works, and the AI tool that you used, wherever practicable.

26 March 2024
When using AI platforms to modify existing third-party materials, you should:
1. only do so if an education exception or the Statutory Text and Artistic Works
Licence applies, or you have permission from the copyright owner
2. label the modified material as follows:
‘This version was generated using [insert name of AI tool] and has been copied/made
available to you under the educational provisions of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of copyright
protection under the Copyright Act. Do not remove this notice.’
3. ensure you comply with the attribution requirements of the generative AI tool.
4. only make the material available on a password-protected DTE to the students/staff
who need it, and not publish the material on public websites or social media.
26 March 2024

26 March 2024
Example: Using AI tools with existing
material - Statutory Text and Artistic
Works Licence
• An instructor wants to create a dot point summary of a
chapter of a nursing eBook to be included in a learning
resource that will be made available to students in the
course on a password-protected DTE.
• The instructor copies and pastes the chapter into ChatGPT
with the prompt “dot point summary of the following
chapter”.
• The instructor uses the summary generated by ChatGPT
as a base, changes some of the points ChatGPT has
included and adds some additional points.
Screenshot of ChatGPT 3.5 on
iOS

26 March 2024
material - Statutory Text and Artistic
Works Licence
• A visual art teacher is teaching a course on early 20th
century art movements and their styles.
• To demonstrate key stylistic features of each movement
to students, the teacher prompts an AI tool to modify an
image of an artwork sourced from a textbook into
expressionist, modernist and cubist styles.
• The teacher includes those images in a worksheet that
they print and hand out to students in class for students
to match up the relevant movements to the
corresponding images.
“cubist cat” generated by
Canva Magic Studio
(DALL-E)
“modernist cat” generated by
Canva Magic Studio
(DALL-E)

26 March 2024
• This term, an English class is studying a novel as their prescribed text.
• One student in the class has a disability that affects their comprehension of the
novel. The teacher searches for an easy English version of the novel to purchase,
but none is available.
• The teacher inputs the text of the entire novel into ChatGPT and prompts it to
“convert this novel into easy English”, and prints the output for the student.
• Another student in the class has low vision. The teacher tries to find an audiobook
version of the novel for the student to listen to, but none is available.
• The teacher copies and pastes the text of the entire novel into a text to speech AI
tool, and emails the recording to the student.
material - Disability Access Exceptions

26 March 2024
• An ancient history class is studying the Roman Empire this
term.
• The teacher is planning an in-class exercise where students will
act out key events in Roman history in groups to the class.
• The teacher decides to input chapters of an ancient history
textbook on the Roman Empire into ChatGPT to generate
scripts for the students to perform in class.
• The teacher prints out copies of each script for the relevant
groups to learn and perform.
"Julius Caesar" by wwarby is
licensed under CC BY 2.0.
material - Flexible Dealing (s 200AB)

26 March 2024
material - Exam copying exception
112
• A TAFE instructor is developing an end of unit assessment for a counselling
course.
• The instructor asks ChatGPT to convert the unit’s core text into a series of
exam questions, and to provide a suggested marking rubric and sample
responses for each of the exam questions.
• The instructor also finds a useful counselling infographic online, and uses an
AI tool to remove the text from it for students to fill in the blanks in one
section of the exam.

26 March 2024
Smartcopying tips - AI
• Wherever possible, if you want to modify or adapt material using AI, use content
licensed under Creative Commons (CC) licenses without the “No Derivative
Works” condition.
• Label – always label the work as having been created by AI and label and attribute
any works that you are adapting using AI.
• Limit – ensure access to material that you have created or modified using AI is
limited to the relevant staff/students only.

26 March 2024
Resources
• Smartcopying’s Using Generative AI Platforms in Schools factsheet
• Australian Framework for Generative Artificial Intelligence (AI) in Schools
• ACARA’s new Curriculum connection for Artificial intelligence (AI)
• Federal Department of Industry, Science and Resources’ Artificial Intelligence (AI)
Ethics Framework

115
26 March 2024
Recap: How can I use
material?

26 March 2024
Copy and
communicate
Statutory Text
and Artistic
Works Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Display in class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible Dealing
Exception
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works

26 March 2024
Copy and
communicate
Statutory
Broadcast
Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in class
Section 28

26 March 2024
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Play for non-
educational
purposes
Co-curricular
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing

26 March 2024
Music
Music includes
musical works and
sound recordings
Play or
display in
class
Section 28
Perform or
play outside
class
Schools Music
Licence
+
PPCA Licence
OR exception
Live stream
or make
recordings of
a school
event
Schools
Music
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
Copying
Exception
Copy and
communicate
sheet music
Schools
Music
Licence
Use not
covered by
the Schools
Music
Licence
Seek
Permission

120
26 March 2024
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

26 March 2024
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)?
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
121

26 March 2024
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit 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

26 March 2024
CC licence elements
123
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

26 March 2024
CC licences
Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.

26 March 2024
CC licences
Licence Type Licence Conditions
Attribution Non Commercial Freely use, copy, adapt and distribute for non-
commercial purposes. The copyright owner must be
attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the
original work for non-commercial purposes. The
copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-
commercial purposes provided the new work is
licensed under the same terms as the original work.
The copyright owner must be attributed.

26 March 2024
126
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed
materials

26 March 2024
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube, Flickr, filmmusic.io and more.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
127
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

26 March 2024
openverse

26 March 2024
openverse one-click
attribution
129
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.

26 March 2024
Finding CC licensed materials
130
There are many sources of CC licensed materials. For example:
• Openverse - an open-source search engine that searches CC licensed and public
domain content from dozens of different sources.
• Openphoto - a moderated photo community with over 3000 CC licensed photos in
different categories.
• Queensland Curriculum & Assessment Authority (QCAA) OER database - has over 300
records of different openly licensed resources (eg journals, textbooks, multimedia).
• filmmusic.io – lets you search for CC licensed music and filter by genre.
• YouTube – lets you filter for CC licensed videos on the results page.
• You can filter for CC licensed material on Google and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/

26 March 2024
Other places to find CC material
131
• 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

26 March 2024
132
https://smartcopying.edu.au/applying-a-creative-commons-licence/
Licensing your learning
resources under CC

26 March 2024
Applying a CC licence to your
learning resources
133
• Schools 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/.

26 March 2024
Adding a CC licence to
learning resources
134
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/.

26 March 2024
Adding a CC licence to
learning resources
135
Then include a copyright statement on your resource. Here’s an example:
© [State (Department of Education) eg State of New South Wales (Department of
Education)] [school name], 2023. Except as otherwise noted, this [insert learning
resource title] is licensed under the Creative Commons Attribution 4.0 International
Licence. To view a copy of this licence, visit
http://creativecommons.org/licenses/by/4.0/.
The copyright statement and CC licence can be placed on the first and/or last page of the
resource or the footer of the resource so that it travels onto every page.

26 March 2024
Third party content
136
• 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/

26 March 2024
How to label third party
content
137
There is no single correct way to label third party content, and different situations may require
more or less complicated notices and marking.
There are 2 often used mechanisms:
1. A notice next to third party content: this involves marking or notating all third party
content. To do this you should indicate directly underneath the content.
OR
2. A general notice listing all third party content: this involves giving a general notice
that identifies all third party content. This notice would usually be included in your terms of
use or copyright statement for a website or in the verso page or bibliography for a work.

26 March 2024
138
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

26 March 2024
Attributing CC material
139
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.
Material that has been created by your school or administering
body should be clearly labelled as such in order to avoid paying
fees under the statutory licence to use the material.
"Free Stock: Copyright sign 3D render" by Muses
Touch is licensed under a CC BY-NC-ND 2.0

26 March 2024
Where should I place the
attribution?
140
• 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, school intranet, learning
management system etc).

26 March 2024
Example: Attributing CC material
141
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.

26 March 2024
Useful OER and CC links
142
• 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

143
26 March 2024
Workshop

26 March 2024
Case Study 1 – Statutory
licences
Kent, a geography teacher, is preparing some teaching resources. He:
1. photocopies material from a textbook to hand out to students in his class
2. uploads a list of website links to his school’s DTE for his students to access
3. scans and uploads an entire novel to the school’s DTE when the novel is commercially available as
an e-book
4. downloads other people's lecture notes, student quizzes and worksheets from the internet
5. downloads a television program from ClickView to show to his class.
Is Kent allowed to do each of the activities? If yes, are there any restrictions on how he can use the
materials (eg consider copying limits, labelling requirements)?
144

26 March 2024
Case Study 2 – Music and co-
curricular licences
Samantha is a teacher librarian who has been asked by teachers in her school if they are allowed to:
1. live stream a school concert on the school’s website
2. put a video recording of the school concert on a teacher’s personal Facebook page
3. display lyrics at a school assembly where parents are present
4. play music at a school swimming carnival
5. play a film at a school excursion.
What should Samantha tell them? If the activities are allowed, are there any restrictions (eg consider
copying limits, labelling requirements)?
145

26 March 2024
Case Study 3 – Educational
exceptions
Carol is a school principal who has been asked by teachers in her school if they are allowed to:
1. play an episode of a Netflix documentary series in class for educational purposes
2. format shift a CD into an electronic file (eg MP3) to upload onto the school’s DTE to play to the
class for educational purposes when the MP3 is not commercially available
3. caption videos for students with hearing disabilities
4. copy a clip from a film and provide students access to it for use in an online exam, when the film is
commercially available on Apple TV and
5. make an audio recording of a book which is available to purchase on Audible.
What should Carol tell them? Are these activities covered by an exception? If so, please specify which.
Are there any other restrictions that may limit the application of the copyright exception relied on?
146

26 March 2024
Case study 4 – Creative
Commons
Issy is a science teacher at a school. She has created a resource for her classes. She wants to license it
under a CC BY licence and wants to know:
1. what does she need to do in order to license it under Creative Commons
2. can she use a photograph that was released under a CC BY licence in her resource
3. can she make changes to an illustration that has been licensed under a CC BY ND licence and use it in
her resource
4. can she use an image that she sourced from the internet (not CC licensed) in her resource?
147

148
26 March 2024
Smartcopying Tips

26 March 2024
Smartcopying tips
149
• Use Creative Commons (CC) licensed content and consider
licensing your resources under CC.
• Link – link or embed material whenever possible.
• Label – always attribute and label the source.
• Limit – ensure access to material is limited to the relevant
staff/students only.
• Clear out material that is no longer required.

26 March 2024
Tips for encouraging
copyright compliance
150
Schools/administering bodies can do the following to ensure student and staff compliance with
copyright obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any copyright
questions.
• Encourage participation in the NCU’s education program.
• Ensure teachers and staff are aware of the Smartcopying tips – Link, Label, Limit and Clear out
material when no longer needed.
• Encourage the use of Creative Commons and OER where possible. Have a look at our short
explainers on CC and OER on the Smartcopying website.
• The NCU has developed a series of flowcharts that outline how staff can use third party material
in their learning resources.

26 March 2024
Creating learning resources that include
third party text and artistic works
151
https://smartcopying.edu.au/flowcharts/

26 March 2024
The NCU’s education program
152
• NCU Copyright Hour webinars – one hour webinars for Australian
school educators, librarians and administrators on specific copyright
topics.
• Copyright Q&A sessions – fortnightly one-hour Q&A sessions for
curriculum and education resource developers.

26 March 2024
More information
153
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - Tuesday 26 March 2024

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