National Copyright Hour 15 August 2023

1. National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
14 March 2023
Using Text and Artistic
Works- TAFE
National Copyright Unit
Holly Cordell and Alison Davis

2. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
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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3. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
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www.smartcopying.edu.au
• 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

4. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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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5. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Outline
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1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Education Exceptions
4. Open Education Resources and Creative Commons
5. Smartcopying Tips

6. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

7. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
What text and artistic works
does copyright protect?
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https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text works Artistic works
Literary, dramatic and musical works in written form
(hardcopy or digital):
• textbooks
• picture books
• novels
• poems
• plays
• screenplays
• song lyrics
• PDF documents
• websites content (eg teacher resources, student
worksheets and activities or online newspapers).
Artistic works and images (hardcopy and digital):
• digital images (eg from Pinterest, Getty Images,
Google or Instagram)
• paintings
• photos
• drawings
• cartoons
• book covers and other pictures in books
• maps
• diagrams
• charts.

8. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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

9. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Copyright Activities
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
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
● 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

10. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/

11. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au 11
• TAFEs
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’.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.

12. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
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/

13. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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.

14. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
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TAFEs 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.

15. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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

16. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
What can TAFEs do under the
Statutory Text and Artistic
Works Licence?
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Under the Statutory Text and Artistic Works Licence, TAFEs can:
• download a resource from the internet
• copy images to use in a PowerPoint
• photocopy a 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 digital teaching environment (DTE) for students
to access
• email a worksheet and PowerPoint to students.

17. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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.

18. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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]

19. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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/

20. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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 and TAFE sectors pay nearly $58 million each year for this licence. Of this $6
million, it’s estimated that over $6 million is 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.

21. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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).

22. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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).

23. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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)
• use material licensed under Creative Commons
• rely on one of the education exceptions discussed later in this PowerPoint.

24. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Education Exceptions

25. National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
14 March 2023
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
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26. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows TAFEs to perform and communicate material 'in class' (includes
remote students).
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Must be restricted to staff and students who need material.

27. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses
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For example, TAFEs can:
• read a story, news article, journal, handbook or other literary work.
• play purchased material in any format (eg an audiobook)
• stage a performance of a play.
• display content from a live website on an interactive whiteboard
in class for educational instruction.

28. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
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Section 28 does not cover communicating or performing a work:
• to the parents of students
• for a fundraising activity.
For these activities you would likely need to seek permission from the copyright
owner.

29. National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
14 March 2023
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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30. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
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• Section 200AB is a flexible exception that can be used by TAFEs when no other
exception or licence applies.
• You must assess your proposed use on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.
• Limited application to text and artistic works, but examples include:
o changing/adapting song lyrics when the changed/adapted lyrics are needed for
educational instruction
o making translations of works when you cannot purchase the translation and it is
needed for educational instruction.

31. National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
14 March 2023
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

32. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
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• Teachers are allowed to copy and communicate text and artistic works (as well
as other works) for use in online and hardcopy exams.
• The exception covers actual 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/

33. National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
14 March 2023
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

34. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
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The Copyright Act contains two free disability copying exceptions that TAFEs can
rely on to make materials accessible for students with a disability:
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’).

35. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
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• Under these exceptions, TAFEs 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 convert a book into Easy English
o create audio books for students with vision impairment.
• Both exceptions can be used by TAFEs to assist students with a disability, but
the circumstances in which they apply differ.

36. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
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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.

37. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
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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.

38. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Recap: How can I use
material?

39. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au 39
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

40. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

41. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au 41
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
are a set of free licences for creators to use when making their work available to the public. All CC
licences permit use educational uses of a work. Teachers and students can freely copy, share and
sometimes modify and remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

42. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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

43. The NCU Copyright Hour
14 March 2023
National Copyright Unit
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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.

44. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au 44
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.

45. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Finding CC licensed
materials
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/

46. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
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"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

47. National Copyright Unit
www.smartcopying.edu.au
47
The NCU Copyright Hour
14 March 2023
Attributing CC
licensed material
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/

48. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
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Teachers can use CC licensed materials as long as
you follow the licence conditions. One condition of all
CC licences is attribution. When attributing
remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution.
"Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0

49. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
Useful OER and CC links
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• 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

50. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
14 March 2023
Smartcopying Tips

51. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
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.

52. The NCU Copyright Hour
14 March 2023
National Copyright Unit
www.smartcopying.edu.au
More information
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www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855