The NCU Copyright Hour - Copyright for School Resource Developers

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
20 February 2024
Copyright for Resource
Developers
Alison Davis and Arabi Shivaramanan
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20 February 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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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 February 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 February 2024
Outline
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1. Smartcopying tips
2. Creative Commons
3. Seeking permission
4. What if we don’t have a licence or permission?
5. Publishing material to a public website
6. Licensing your learning resources
7. Attribution
8. Copyright infringement claims
https://smartcopying.edu.au/creating-learning-and-teaching-resources/

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20 February 2024
Smartcopying Tips

20 February 2024
Smartcopying Tips
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• Use your own material
• Use other material as inspiration
• Link or embed
• Label and attribute material
• Use Creative Commons licensed material

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Creative Commons
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20 February 2024
www.smartcopying.edu.au 9
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 February 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 February 2024
Where can I find CC licensed
materials?
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For example, you might want to develop some resources as part of a K-7 Unit on key
philosophical thinkers, and you want to use images throughout the material.
See below for some CC Licensed images that are available, via Openverse:
"Aristotle" by Nick in exsilio is licensed
under CC BY-NC-SA 2.0. "Confucious Statue (Yushima Seido,
Ochanomizu, Tokyo, Japan)" by Free
For Commercial Use (FFC) is licensed
under CC BY 2.0
"plato, aristoteles, socrates" by mararie is licensed
under CC BY-SA 2.0.

20 February 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/

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20 February 2024
Seeking Permission
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/

20 February 2024
When should I seek
permission?
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You may also wish to contact the copyright owner to seek permission if you are
unable or don’t want to rely on any existing licences or exceptions.
For example you:
1. want to use large amounts of content from one particular resource (eg
several chapters of a textbook)
2. want to copy and share content for a long period of time (eg in a training
resource that will be used for several years).
3. intend to upload the material to a public website.
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/

20 February 2024
Seeking permission
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You should first check if your department/administering body has already sought
permission or taken out a licence.
• If yes, use the material as per the permission/licence.
• If no (or the permission doesn’t cover your use), seek written permission.
To seek permission:
1. Identify the copyright owner.
2. Email them to request permission (you can use our template emails here).
You should keep a copy of the permission on file for future reference, preferably in a
central register of permissions all staff can access.

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20 February 2024
What if we don’t have a
licence or permission?

20 February 2024
Statutory Licences

20 February 2024
Using material under the
Statutory Licences
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If the third party material you want to use in your resource is not licensed
under Creative Commons and you don’t have permission, you may be able to rely on
the statutory licences to use the material, provided it is password protected.
There are two statutory licences:
• Statutory Text and Artistic Works Licence
• Statutory Broadcast Licence.

20 February 2024
Statutory Text and Artistic
Works Licence
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• Curriculum developers can copy and communicate text works
(eg poems, short stories, journal articles, books) for educational
purposes, provided the amount does not unreasonably prejudice
the legitimate interests of the copyright owner.
o The 10% or one chapter rule is still a useful guide in making
this assessment for resources that are still commercially
available.
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/
• Curriculum developers can also copy and communicate whole
artistic works (eg photos, maps, diagrams).

20 February 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.
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).
Even if your department/administering body has a licence, this may not allow for subsequent
copying by teachers in the classroom.
Smartcopying tip: use CC licensed images instead and keep an ‘image bank’ of CC
licensed images that you can use at any time.

20 February 2024
Statutory Broadcast Licence
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Curriculum developers can rely on the Statutory Broadcast
Licence to:
• copy television and radio broadcasts from free-to-air television
and radio, for educational purposes
• upload the copy broadcasts to the department or administrating
body’s intranet provided access is limited (eg on a department
intranet via password protected access).
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
Radio Tower by Unknown Author is licensed under CC BY-SA

20 February 2024
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Music

20 February 2024
Music
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If you wish to use music in your resources (eg add music to a video), you should:
• use CC licensed music
• seek permission
• commission a composer to compose music for your resources.
In limited circumstances, curriculum developers may be able to rely on the Schools
Music Licence to make recordings of school events and share the recordings with the
schools that participated in the school events. You can contact the NCU to discuss.

20 February 2024
CC licensed music
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There are many sources of CC licensed music and sounds you can use, for example:
• SoundCloud – you can search on the SoundCloud platform for CC licensed
music tracks.
• ccMixter - a community music website featuring CC licensed remixes and
samples which are free to download.
• Jamendo - is an active community offering more than 350,000 free music tracks
that are CC licensed.
• https://filmmusic.io – all CC licensed music, can search by genre.
https://smartcopying.edu.au/where-to-find-cc-licensed-material/

20 February 2024
Sheet music
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• You may be able to rely on the Statutory Text and Artistic
Works Licence to copy short extracts of sheet music.
• A better option is to use CC licensed sheet music, or
sheet music that is in the public domain (where copyright
has expired).
• Tip: Try searching Art Song Central, which is an archive
and directory of public domain sheet music.
Sheet Music Texture by digitalphotographyhobbyist is licensed under CC BY 2.0.
Modifications: recolour and shape.
Lean on the music sheets" by nuuhah is licensed under CC BY-NC 2.0. Modifications:
shape and resized.

20 February 2024
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Flexible Dealing

20 February 2024
Flexible dealing
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Section 200AB is a flexible exception that allows curriculum developers to copy and
communicate content when no other exception or licence applies. The exception only
applies in very limited circumstances.
Curriculum developers may be able to rely on this exception to copy audio-visual content,
for example:
• to copy parts of the documentary ‘The Social Dilemma’ into your teaching resources,
and upload this to the department’s DTE.
• to use short extracts from different YouTube clips to create a news reel of current
events to include in a resource.
It only applies in limited circumstances. You must assess your proposed use on a case-
by-case basis.
Contact the NCU first to discuss your particular circumstances.
https://smartcopying.edu.au/flexible-dealing/

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20 February 2024
Publishing material to a
public website

20 February 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.

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20 February 2024
Licensing your learning
resources

20 February 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. You should make your resources available under a CC BY
Licence to ensure they can be used freely by teachers, parents and students, and are in line
with departmental policy.
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/

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20 February 2024
Attribution
https://smartcopying.edu.au/labelling-and-attributing/

20 February 2024
Label 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 February 2024
You should always:
1. attribute each individual resource, and, where possible, each
individual page or element of a resource
2. include an appropriate copyright notice on the home page of the
website or intranet.
Remember, when creating new resources, you should license all
department/administering body owned material under Creative Commons and
attribute it accordingly.
Attribution
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20 February 2024
Text and Artistic Works Broadcasts 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)
• 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’
Hyperlink licence to
licence terms
Include licence you are
using
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How to label and attribute

20 February 2024
Examples of copyright notices
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© Department for Education, the Government of South Australia, 2023
© Catholic Education Office WA, 2023
© Independent Schools Queensland Ltd, 2023
© [State (Department of Education) eg State of New South Wales (Department of
Education)] [school name], 2023. 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/.

20 February 2024
Examples of copyright notices
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Where you are using third party content within your resources, that is not owned by
you or licensed under CC:
All material on this [website or resource], except as identified below, 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/.
Material that is not licensed under a Creative Commons licence is:
• Photographs on pages 4-6
• Poem on page 2
• Video footage
https://smartcopying.edu.au/labelling-third-party-content-in-creative-commons-licensed-material/

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20 February 2024
Copyright
Infringement Claims

20 February 2024
Copyright infringement claims
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Schools, departments 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.
One of the most common reasons is schools using Creative Commons
images without attributing the copyright owner.
It is critical to attribute when using Creative Commons material.

20 February 2024
Copyright infringement claims
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If you receive an infringement notice, 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.

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20 February 2024
Recap: creating
teaching materials

20 February 2024
Creating teaching materials
Can I use my own
material, CC licensed
material, link or use
public domain material?
• Yes – fine to use material
in learning materials (can
be password protected or
public).
• No – consider if can seek
permission.
Can I seek permission
to use third party
material?
• Yes – use as per the
permission (make sure
it covers how you
intend the materials to
be used and shared).
• No – consider if any
educational licence or
exception applies.
Do any educational
licences or exceptions
apply (eg flexible
dealing)?
• Yes – use as per the
licence/exception.
Materials must be
password protected.
• No – consider
alternatives (eg CC
licensed material, linking
or creating your own).
Smartcopying tip: Remember to attribute!

20 February 2024
Key resources
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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
• Creative Commons Information Pack for Teachers and Students.

20 February 2024
More information
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smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour - Copyright for School Resource Developers

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