TAFE NSW - Copyright for Educators webinar

Copyright for
Educators
TAFE NSW – 3 March 2021
Jessica Smith
National Copyright Unit
www.smartcopying.edu.au
1

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 and
• educating the School and TAFE sectors regarding their copyright responsibilities.
www.smartcopying.edu.au 2
Copyright for Educators
3 March 2021

Outline
1. Statutory Text and Artistic Works Licence
2. Education Exceptions
3. Music
4. Tricky Areas: streaming services, commercial activities, seeking permission
5. Open Educational Resources and Creative Commons
6. Smartcopying Tips
3 March 2021

Different types of material
What type of work do
you want to use?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
3 March 2021
Text
Films and
Videos
Musical
Works
Broadcasts
Artistic
Works
Sound
Recordings

Using material for teaching
Statutory
Licence
Creative
Commons
Licensed
Permission Own
Material
Education
Exception
Can I use it?
Voluntary
Licence
3 March 2021

Statutory Text and
Artistic Works
Licence
www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/ 6
3 March 2021

Statutory Text and Artistic Works
Licence (s 113P(1))
The Statutory Text and Artistic Works Licence covers:
• text works eg books, newspapers, journal articles, song lyrics, plays, poems,
maps, websites
• artistic works eg paintings, diagrams, photographs, animations
in both hardcopy and electronic form.
TAFE institutes may copy and communicate text and artistic works in
both hardcopy and electronic form for educational purposes, provided the amount
copied does not unreasonably prejudice the legitimate interests of the copyright
owner.
3 March 2021

What is a copy?
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• making a video recording that displays the text,
• downloading works from a webpage or cloud storage drive or saving a
copy to a digital teaching environment (DTE), personal computer, USB
drive or personal cloud storage service.
3 March 2021

What is a communication?
A communication includes:
• uploading material to a digital space for student access and use via
password protected access such as:
o a share drive/intranet (eg Microsoft 365)
o learning management systems (eg Moodle, Blackboard,
Brightspace or Equella)
o to a closed class area on an education platform (eg Edmodo,
Verso, Google Classroom or iTunes U) and
• emailing.
3 March 2021

How much can I copy and
communicate?
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.
• For other works, such as older ‘out of print’ works, or works made available on the internet without any
expectation of payment, teachers may be able to copy more (or even all).
• Smartcopying tips:
 Limit access to the minimum required number of students and staff.
 Limit access to those who need the material for classroom and/or homework exercises.
 Delete or archive/disable access to the material once it is no longer needed.
3 March 2021

4th March 2021
How much can I copy and
communicate?
Teachers can copy and communicate whole artistic works under the
Statutory Text and Artistic Works Licence.
11

What is not covered?
The Statutory 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).
3 March 2021

Education
Exceptions
www.smartcopying.edu.au https://smartcopying.edu.au/guidelines/text-material/ 13
3 March 2021

Performing and communicating copyright
material in class (s 28)
• Allows TAFEs to perform and communicate material 'in class'
(includes remote students).
• A free exception – no fees are paid.
• Does not permit copying.
• Includes any type of material.
• Must be restricted to staff and students who need material.
3 March 2021

Section 28 uses
• Reading aloud 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 films and programs from streaming services (eg DVD, Netflix, Stan)
o purchased material (eg a film, audio book, television program or series)
o online television programs (eg ABC iView, SBS on Demand, 7plus)
o music (eg CD, digital music from streaming services).
• Displaying content from a live website on an interactive whiteboard.
3 March 2021

What is not covered?
Section 28 does not cover communicating or performing a
work at a TAFE event where there is no teaching involved (eg
graduation, open day, fashion show, workplace such as a hair
salon).
3 March 2021

Flexible dealing (s 200AB)
• TAFEs 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.
• This exception permits TAFEs to make limited use of copyright
material for free for educational instruction if the use satisfies a
number of criteria.
• You must assess your proposed use on a case-by-case basis.
https://smartcopying.edu.au/flexible-dealing/
3 March 2021

Common activities
1. Copying extracts of videos (eg YouTube) and sound recordings (eg music) when they are
needed for educational instruction.
2. Copying an entire video (eg YouTube) or sound recording (eg music) when you cannot
purchase it and it is needed for educational instruction.
3. Format shifting an entire video or sound recording when you cannot purchase it and it is needed
for educational instruction. For example, converting CD or DVD to a digital format (eg MP3/4).
4. Format shifting small extracts of a video or sound recording when it is needed for educational
instruction.
5. Changing/adapting song lyrics when the changed/adapted lyrics are needed for educational
instruction.
6. Creating an audiobook when you cannot purchase it and it is needed for educational instruction.
7. Making translations of works when you cannot purchase the translation and it is needed for
educational instruction.
3 March 2021

Exam copying exception
• TAFEs are allowed to copy and communicate copyright material for
use in online and hardcopy exams.
• Covers all types of copyright material - images, text, music, films,
videos, etc.
• Does not extend to practice papers. Must be an actual exam.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
3 March 2021

Disability copying exceptions
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’).
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability-access-exceptions/
3 March 2021

Disability copying exceptions
Under these exceptions, teachers can:
• create a digital version of a hardcopy book and make any necessary
adjustments, such as the font size or colour, to assist students
• provide captions, audio-descriptions or subtitles to audio visual
material (eg YouTube, films, etc) for hearing impaired students
• create audiobooks for students with vision impairment.
3 March 2021

Students fair dealing
• Students can copy and communicate works under “fair dealing”
without seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their
study will fall under the fair dealing for research and study exception.
https://smartcopying.edu.au/students-and-copyright/
3 March 2021

Library Copying
There are a number of copyright exceptions that apply to copying by
TAFE libraries. The two most common are the:
• preservation copying exception (s 113H) – permits TAFE libraries
to copy content they already hold in their collections in order to
preserve their collection (eg making a backup copy of a CD to
ensure it can still be used if the original is damaged, lost, stolen).
• library research exception (s 113J) – permits TAFE libraries to
make copies of copyright material that they already hold in their
collections for the purpose of research carried out at the library.
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/library-copying/
3 March 2021

Music
https://smartcopying.edu.au/guidelines/music/ 24
3 March 2021

How can I use music in TAFE?
In the Classroom (Copyright Exceptions) Outside the Classroom
Section 28 (to play/perform music and sound
recordings in the classroom)
From 1 January 2021, TAFE NSW can rely on
a voluntary licence with the music collecting
societies, which are the collecting societies
that represent composers, music publishers
and record labels.
Fair dealing (to copy or communicate music
and sound recordings for a teacher or
student’s own research or study)
Flexible dealing (applies in limited
circumstances if no other exception applies
and it is for educational instruction)
3 March 2021

Using music in the TAFE
classroom (s 28)
Teachers and students in all TAFEs can perform musical works live or play
recorded music in class (includes virtual classes) under s 28 of the Copyright Act,
provided it is:
• in the course of education
• the people in the audience or class are giving or receiving instruction.
Teacher can also upload sound recordings to a TAFE intranet or digital teaching
environment (DTE) in order to play them in class, provided the recordings are
removed or access to the recordings by students is disabled as soon as class is
over.
3 March 2021

Using music (other exceptions)
Copyright exception When can I rely on this exception?
Fair dealing • Teachers may be able to rely on the fair dealing exception in limited
circumstances (ie for their own research and study and not the
research and study of their students) to copy and communicate music.
• TAFE students using music as part of their study will generally be able
to rely on the fair dealing exception for research and study.
Flexible dealing • If TAFEs want to use musical works or sound recordings in a way not
permitted by the music licences or any of the other copyright
exceptions, they may, in limited circumstances, be able to rely on the
flexible dealing exception.
• For example, a teacher may be able to copy a playlist of tracks from a
home computer to a TAFE device to play as part of a music lesson.
3 March 2021

Using music outside the TAFE
Classroom (NSW)
From 1 January 2021, TAFEs in NSW can rely on a new voluntary licence with the music
collecting societies to:
• perform/play live music at a TAFE event (eg a TAFE band playing live at a TAFE
Open Day)
• play recorded music at a TAFE event (eg use recorded music in a TAFE fashion
show)
• play recorded background music in TAFE businesses (eg TAFE training restaurants,
fitness centres or cafes)
• play recorded background music in TAFE workplaces (eg staff rooms, TAFE offices)
3 March 2021

Using music outside the TAFE
Classroom (NSW)
TAFEs in NSW can :
• make a sound recording to play at a TAFE event (eg copy popular songs from a music
streaming service to play at a TAFE graduation ceremony)
• upload a recording of a TAFE event to social media (but note this may be blocked or the
TAFE may be issued with a take down notice)
• incorporate a sound recording into another work (eg add music to a PowerPoint
presentation)
• live stream a TAFE event from a social media platform (eg Facebook Live and YouTube)
(but note this may be blocked or the TAFE may be issued with a take down notice).
Contact David Hinchliff at david.hinchliff1@tafensw.edu.au for any specific TAFE NSW music
queries.
3 March 2021

Tricky Areas
3 March 2021

Using content from the internet or
streaming services in class
• 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 note that copying content from sites
like YouTube may be contrary to their terms of use or involve the use
of circumvention devices.
• You can also embed or link to content as these are not copyright
activities.
3 March 2021
https://smartcopying.edu.au/guidelines/internet-and-websites/

Commercial activities
1. Can TAFEs sell materials created under the statutory licence?
A TAFE is permitted to rely on the Statutory Licence, provided the materials copied under the Statutory Licence
are provided at no more than cost. ie the sale price only covers the physical production of the materials and/or
other direct costs, and does not include a profit margin.
2. Can TAFEs rely on the statutory licence to copy materials, which are provided at cost, when delivering a
professional development course for a commercial client?
A TAFE is permitted to rely on the Statutory Licence, provided the materials copied under the Statutory Licence
are provided at no more than cost. ie the sale price only covers the physical production of the materials and/or
other direct costs, and does not include a profit margin.
3. Can TAFEs rely on the statutory licence in preparing course materials for ‘hobby courses’ and non-
accredited courses?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the materials
are provided at no more than cost.
3 March 2021
https://smartcopying.edu.au/faqs/commercial-activities-in-tafe/

Seeking permission
TAFE institutes only need to seek permission from the copyright owner when:
• they are not able to rely on a statutory or voluntary licence or educational use exception to
use material in the way they intend (eg if uploading resource to a public TAFE website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
1. Figure out who the copyright owner is.
2. Write/email them to seek permission.
For information about when permission is required and sample permission requests, see:
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/.
3 March 2021

Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/ 34
3 March 2021

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
https://smartcopying.edu.au/introduction-to-oer/
3 March 2021

What is Creative Commons (CC)?
Creative Commons (CC) is an internationally active non-profit organisation that
provides 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.
https://smartcopying.edu.au/introduction-to-oer/
3 March 2021

CC licence elements
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
https://smartcopying.edu.au/what-is-creative-commons/
3 March 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.
3 March 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.
3 March 2021

Best way to find CC materials
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.
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
3 March 2021

Applying a CC licence to your
learning resources
• 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 the Smartcopying website:
http://www.smartcopying.edu.au/open-education/creative-
commons/applying-a-creative-commons-licence.
3 March 2021

Adding a CC licence to learning
resources
To license a learning resource that you’ve created under CC, all you have to do is:
1. choose your CC licence: https://creativecommons.org/choose/
2. copy the CC licence icon
3. paste the icon onto the resource along with the attribution information
and/or any other notice you would like to include and
4. include a copyright statement on the resource to reflect the CC licence.
All Creative Commons licence icons, can be found on the Creative Commons
Licence Chooser website: https://creativecommons.org/choose/.
https://smartcopying.edu.au/applying-a-creative-commons-licence/
3 March 2021

Attributing CC material
Teachers can use CC licensed materials as long as you
follow the license conditions. One condition of all CC
licences is attribution. When attributing remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence "Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0
Always check whether the creator has specified a particular attribution.
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
3 March 2021

Smartcopying Tips
44
3 March 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
https://smartcopying.edu.au/creative-commons/
3 March 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 image.
3 March 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 of:
o the copyright owner and/or author
o where the material was sourced from
o when it was sourced.
This Photo by Unknown Author is
licensed under CC BY-NC.
Modifications: recoloured image.
3 March 2021

Smartcopying tips
Limit – ensure access to material is limited
to the relevant staff/students only
• Once material is communicated to an entire TAFE
institute, the risk of copyright infringement increases.
• Limiting access is important for cost and risk
management.
This Photo by Unknown Author is licensed under CC
BY-SA. Modifications: recoloured image.
3 March 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
3 March 2021

Tips for encouraging compliance
with copyright
TAFEs can do the following to ensure student and staff compliance with copyright
obligations:
• Encourage the use of the Smartcopying website and contact NCU with any
copyright questions.
• NCU leads a ‘Copyright 4 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.
3 March 2021

More Information
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855
3 March 2021

TAFE NSW - Copyright for Educators webinar

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