The Copyright Hour - Qld Catholic Ed Com

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
20 March 2024
Copyright update – Queensland
Catholic Education Commission
Jessica Smith and Claudia Lewis

20 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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20 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

20 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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20 March 2024
Overview
1. Copyright and AI
2. Law reform
3. Copyright infringement claims
4. Smartcopying tips
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20 March 2024
Copyright and AI

20 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/
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20 March 2024
AI tools have inputs and
outputs
Input side Output side
• Training data
• Training process itself
• User prompts
• Material input by a user into
the tool
Anything generated by the tool:
• New text works/ images/ films/
sound recordings
• Answers to question prompts
• Remixes of material input by a
human into the tool
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20 March 2024
Copyright issues – inputs and outputs
On the input side:
• Does training generative AI tools infringe
copyright in existing works?
On the output side:
• Are outputs generated by AI tools protected by
copyright?
• If so, who owns copyright in the output?
• Do outputs infringe copyright in existing works?
"Brockville Ontario - Canada - Philips Light Show -
365 days a year - Old Railway Tunnel" by Onasill -
Bill Badzo - 149 Million Views - Thank Y is marked
with Public Domain Mark 1.0.
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20 March 2024
Copyright issues – inputs
Does training generative AI tools infringe copyright in existing works?
• AI models need to be trained on enormous and wide-ranging collections of data.
This data is extracted from content usually sourced from the Internet, including text
works, artistic works, audio-visual content.
• AI models generally do not contain actual copies of copyright works.
• The initial gathering of works to generate training data might involve copying them.
For example, downloading copies of images or text works from the Internet.
• If so, this is a copyright activity and could be infringing if it is not covered by an
exception or licence or is done without the copyright owner’s permission.
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20 March 2024
Copyright issues - outputs
Do AI outputs infringe copyright?
• Until a Court decides this issue, this remains a grey area.
• Some outputs may infringe copyright, for example if an AI tool
directly reproduces material from its training data.
• Other outputs might not infringe copyright, for example:
- Where the output is the result of an AI tool applying knowledge
from its training data
- Outputs that record facts or mere information
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20 March 2024
• AI tools can be trained on millions – if not billions - of individual datapoints
extracted from a large array of material (some in the public domain).
• Where AI tools have been trained on very large datasets and are responding to
novel prompts, it may be less likely that outputs would be considered infringing
copies of material that the model was trained on.
• It might be more accurate to characterise AI tools as “learning” from information in
their training data and applying that knowledge to generate new outputs.
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20 March 2024
A human learning information from a work and then repeating or applying it does not
involve copying the original work:
• a student reads a Spanish textbook, develops an understanding of Spanish
definitions and grammar, and writes a story in Spanish
• a teacher prepares a one-page learning resource which summarises a 2-hour film
the teacher has watched at least 20 times since it was added to the syllabus
• a student writes an essay on a famous novel that is a prescribed text this term, and
applies critical literary techniques they learned from an English textbook
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20 March 2024
It may be arguable that AI tools follow an analogous process
to human learning for copyright purposes:
• Spanish language material is included in ChatGPT’s
training data. ChatGPT applies Spanish definitions and
grammar to generate a story in Spanish
• ChatGPT summarises a film in a one-page learning
resource in response to a teacher’s prompt
• ChatGPT is prompted to generate an essay on a famous
novel, and applies critical literary techniques in its output
"Artificial Intelligence - Resembling
Human Brain" by deepakiqlect is
licensed under CC BY-SA 2.0.
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20 March 2024
Some outputs are facts not protected by copyright, so reproducing them would not
infringe copyright:
• Working out the area of a circle with a diameter of 10 metres (78.54 m2 to 2
decimal places)
• Finding out the elevation of Mount Kosciuszko (2,228 metres above sea level)
• Counting the number of words in Jane Austen’s Pride and Prejudice (around
120,000)
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20 March 2024
Are outputs protected by copyright?
• For copyright to exist in a work in Australia, there needs to be a human author, and
a degree of human ingenuity or ‘independent intellectual effort’ in the creation of
that work.
• Advancements in technology now mean that AI platforms can create works which,
arguably, do not involve human intellectual effort.
• As the law currently stands in Australia, AI-created works will likely not attract the
same copyright protections as works created by human authors.
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20 March 2024
Are outputs protected by copyright?
Whether copyright will be found to subsist in the output of generative AI tools 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.
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20 March 2024
Who owns copyright in outputs?
Many commercial AI tools’ Terms and Conditions assign copyright in outputs (to the
extent that copyright exists) to the user.
It could be argued that:
• schools or education departments/administering bodies own the copyright in
outputs generated when their employees use AI tools as part of their employment
• students would generally own outputs they generate using AI tools.
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20 March 2024
Using AI tools with existing material
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 do not publish the material on public websites or
social media.
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20 March 2024
Using AI tools with existing material
Wherever possible, when using AI tools to adapt existing material:
• use material in which your school 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.
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20 March 2024
Using AI to create new material
• 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 material created 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.
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20 March 2024
Using AI to create new material
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 school/Administering Body].’
4. where practicable, only use content generated by AI platforms internally within the
school or administering body.
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20 March 2024
Smartcopying tips - AI
• Wherever possible, if you want to modify or adapt material using AI, use content
owned by your school/administering body or that is licensed under Creative
Commons (CC) licenses without the “No Derivative Works” condition.
• Label – always label the work as having been created by AI 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.
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20 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
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20 March 2024
Law reform
Law reform
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20 March 2024
AI law reform
The NCU, on behalf of CAG, is participating in the following consultations:
• National AI Taskforce
• House Standing Committee on Employment, Education and Training inquiry into
the use of generative AI in the Australian education system
• Department of Industry, Science and Resources (DISR) consultation on Safe and
responsible AI in Australia
• Copyright and Artificial Intelligence Reference Group established by the Attorney-
General, the Hon Mark Dreyfus KC MP
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20 March 2024
AI law reform
The NCU has made a range of submissions to AI consultations, focusing on the need
to:
• update copyright law to give schools legal certainty when using AI tools, and to
reflect new methods of digital teaching and learning (eg teaching via Zoom)
• maintain an appropriate mix of public interest exceptions and licences:
- to preserve and promote the public interest in utilising non-prejudicial
educational uses of materials
- to ensure fair, practical and efficient access to rich datasets that are necessary
to serve the public interest and mitigate the potential of bias in AI systems
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20 March 2024
National AI Schools Taskforce
• The Taskforce is an interjurisdictional group with representatives from all states,
territories, the Australian Government, Education Services Australia (ESA),
Australian Education Research Organisation (AERO), Australian Institute for
Teaching and School Leadership (AITSL), and external experts.
• Developed and released the Australian Framework for Generative Artificial
Intelligence in Schools in late 2023.
• In 2024, the Taskforce is continuing to collaborate on areas of national importance
associated with AI, including procurement, data privacy and security (part of which
includes copyright compliance).
• The NCU is participating in a working group and will oversee copyright issues.
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20 March 2024
House Standing Committee Inquiry
• The Committee Inquiry addresses issues and opportunities presented by
generative AI, and current and future impacts on Australia’s early childhood
education, schools, and higher education sectors.
• In July 2023 the NCU, on behalf of CAG, made a submission to the Inquiry
addressing current legal uncertainties around:
- development of AI systems and tools by innovators and teachers
- use of outputs of AI by students and teachers.
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20 March 2024
DISR Consultation
• In June 2023, DISR released a discussion paper addressing governance measures for
the safe use and development of AI in Australia.
• The NCU (on behalf of CAG) made a submission to the consultation.
• In January 2024, the Government released an interim response to the consultation with
4 categories of proposed next steps:
- ‘preventing harms from occurring through testing, transparency and accountability’
- ‘clarifying and strengthening laws to safeguard citizens’
- ‘working internationally to support the safe development and deployment of AI’
- ‘maximising the benefits of AI’
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20 March 2024
Attorney-General’s Copyright and AI
Reference Group
• On 5 December 2023, the Federal Attorney-General announced the establishment of
the reference group, which is intended to be a broad, representative body on AI and
copyright issues.
• On 30 January 2024, the NCU (on behalf of CAG) was invited to participate in the
reference group, together with around 60 other member stakeholders across a range of
sectors, including the media, creative, education, technology and business sectors.
• Initially, the reference group will focus on issues relating to inputs (eg data used to train
AI) before moving to issues relating to outputs.
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20 March 2024
Attorney-General’s Roundtables
The NCU, on behalf of CAG, also participated in Ministerial Roundtables on
Copyright hosted by the Attorney-General’s Department throughout 2023.
Copyright law reform issues discussed at the roundtables were:
• AI
• definition of “broadcast” under the Copyright Act
• orphan works
• quotation
• remote learning (s 28 of the Copyright Act)
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20 March 2024
Freely Available Internet Material
exception
• The NCU, on behalf of CAG, continues to advocate for an exception that would permit the
use of freely available internet material.
• This would fix the current situation where ordinary Australians use materials on the internet
such as online TV guides, fact sheets, and government information for free every day, but
licence fees are required if this same content is used in Australian schools.
• Currently, the sector pays to use material from the Internet under the Statutory Text and
Artistic Works Licence.
• Examples of the types of material that would be subject to this exception include free
downloadable teaching ‘printables’ and worksheets, and educational materials designed for
use by kids, or specifically stated to be for school use and even Bible verses from a free
online bible website.
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20 March 2024
Remote learning – change to s 28
• Section 28 allows schools to perform and communicate material 'in class' (includes remote
students).
• The current drafting of s 28 arguably does not apply when a teacher performs/communicates
material in a class conducted remotely (eg Zoom).
• The Attorney-General’s department have indicated they will pursue legislative amendments
to s 28 to ensure it will clearly cover:
- use of copyright materials in an online or remote class
- a parent or other person assisting a student or students with their lessons
- a person other than a member of school staff (such as a member of the local
community) who is involved in a class.
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20 March 2024
Copyright
infringement claims

20 March 2024
Copyright infringement claims
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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.

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20 March 2024
Smartcopying tips

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

20 March 2024
www.smartcopying.edu.au 39
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. You 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

20 March 2024
CC licence elements
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There are 4 licence elements which are mixed to create six CC licences:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix

20 March 2024
Finding CC licensed materials?
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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/

20 March 2024
Attributing CC material
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One condition of all CC licences is attribution.
When attributing remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution. "Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/

20 March 2024
Licensing your materials under a
CC licence
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CC BY is the standard open licence adopted by the Australian Government and departments of
education across all jurisdictions. We recommend making resources available under a CC BY
Licence to ensure they can be used freely by teachers, parents and students.
Two easy ways to do this:
1. If you are creating resources or publications, copy and paste the Creative Commons logo
into your resource.
2. If you are creating materials to be shared on a website, insert the HTML code. The HTML
code can be found on the Creative Commons Licence Chooser website.
https://smartcopying.edu.au/applying-a-creative-commons-licence/

20 March 2024
Label school/QCEC materials clearly, so that licence fees are not paid on
these resources. It also makes it clear to users of the content how they can
use it.
Clearly attribute any third-party materials in any resource you create, and
label these so it is clear how they have been used (for example, used with
permission, copied under one of the education licences or exceptions).
Labelling and Attribution
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20 March 2024
Text and Artistic Works Broadcasts Creative Commons Own material
• 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)
• Title
• Author
• Source
• Licence
© [Queensland Catholic
Education Commission],
[School name], 2023
If licensing under Creative
Commons, add the licence
logo:
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How to label and attribute

20 March 2024
Labelling school/QCEC owned
material
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• Recommended label for school/QCEC material is:
© Queensland Catholic Education Commission / [school name], 2024.
• Recommended label for CC licensed material is:
© Queensland Catholic Education Commission / [school name], 2024. Except
as otherwise noted, this [insert content 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/.
https://smartcopying.edu.au/labelling-and-attributing/

20 March 2024
Publishing material to a public
website
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The only material you can publish to a public website/media platforms which anyone,
anywhere can access is material:
Alternatively, it is okay to provide links to material created by others
on public websites.
• in which the department/administering body owns copyright
• created by others (ie ‘third party material’), which has been
licensed under Creative Commons or is in the public domain
• created by others, which you have express permission to use
in this way.

20 March 2024
Tips for encouraging
copyright compliance
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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 – this program includes The NCU Copyright
Hour webinars, full day webinars, Q&A sessions and our online course.
• 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 Open Education Resources (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.

20 March 2024
Key resources for curriculum
developers
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• Creating Learning and Teaching Resources: A Copyright Guide for Departments of
Education and Non-Government Administering Bodies
• Flowchart: Education Department or Education Body – Creating learning resources
that include third party text and artistic works
• Flowchart: Schools - Creating learning resources that include third party text and
artistic works
• Creative Commons Information Pack for Teachers and Students.

20 March 2024
The NCU’s education program
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• 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.

20 March 2024
More information
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slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The Copyright Hour - Qld Catholic Ed Com

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