The NCU Copyright Hour - Using text and artistic works in TAFE

National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
14 May 2024
Using Text and Artistic
Works- TAFE
Claudia Lewis and Alison Davis

14 May 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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14 May 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

14 May 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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14 May 2024
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. Artificial Intelligence
6. Smartcopying Tips

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14 May 2024
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

14 May 2024
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.

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

14 May 2024
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

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

14 May 2024
www.smartcopying.edu.au 11
TAFE institutes 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.

14 May 2024
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.

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

14 May 2024
When can I copy and communicate
more of a text work?
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You 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.

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

14 May 2024
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.

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

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

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

14 May 2024
Images from the internet
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• Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
• Currently, the school and TAFE sectors pay nearly $58 million each year for this licence. Of this
$58 million, it’s estimated that over $6 million is from the use of images from the internet.
• Some recent examples:
o photographs from Wikipedia pages
o photographs from Pinterest
o a photo of the NRL grand final teams
o a photograph of a bowl of chicken soup
o a Google Images search result for Gozleme.

14 May 2024
Which images from the
internet attract a fee?
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All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed images)
• the copyright in the image has expired and is in the public domain (see How long
does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).

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

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

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Education Exceptions

14 May 2024
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
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14 May 2024
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) for educational instruction.
• 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.

14 May 2024
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.

14 May 2024
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.

14 May 2024
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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14 May 2024
Flexible dealing (s 200AB)
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• Section 200AB (the flexible dealing exception) is an exception that allows TAFEs to copy
and communicate content when no other exception or licence applies and the content is
needed for educational instruction.
• The exception only applies in limited circumstances. You must assess your proposed use on
a case-by-case basis.
• 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.
• The NCU has guidelines to ensure your use falls under section 200AB.

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

14 May 2024
Exam copying exception
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• TAFEs are allowed to copy and communicate text and artistic 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/

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

14 May 2024
Disability access exceptions
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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’).

14 May 2024
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.

14 May 2024
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.

14 May 2024
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.

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14 May 2024
Recap: How can I use
text and artistic
works?

14 May 2024
Copy and
communicate
Statutory Text
and Artistic
Works Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Display in class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible Dealing
Exception
Text and artistic works

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14 May 2024
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

14 May 2024
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
Creative Commons (CC) is the most common way of releasing materials under an open licence. CC
is 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

14 May 2024
CC licences
6 CC licences
Attribution Attribution Non Commercial
Attribution No Derivatives Attribution Non Commercial
No Derivatives
Attribution Share Alike Attribution Non Commercial
Share Alike
4 CC licence elements
Attribution – attribute the author
Non-commercial – no commercial
use
No Derivative Works – no remixing
ShareAlike – remix only if you let
others remix

14 May 2024
https://smartcopying.edu.au/how-to-find-
creative-commons-licensed-materials/
Finding CC licensed
materials

14 May 2024
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

14 May 2024
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attributing CC licensed
material

14 May 2024
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

14 May 2024
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

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14 May 2024
Artificial Intelligence
(AI)
https://smartcopying.edu.au/using-generative-ai-
platforms-in-tafes/

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

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

14 May 2024
Wherever possible, when using AI tools to adapt existing material:
• use AI tools to remix or adapt material in which your TAFE 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.
material

14 May 2024
material
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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.

14 May 2024
Developing your own AI tools
If developing an AI tool, for example as part of a class exercise, wherever possible
use training datasets drawn from material that:
• your TAFE owns the copyright in
• is in the public domain
• that your TAFE has permission to use in an AI tool.

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

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14 May 2024
Smartcopying Tips

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

14 May 2024
More information
57
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour - Using text and artistic works in TAFE

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