The document discusses copyright guidelines for schools regarding using text and artistic works. It provides an overview of the National Copyright Unit which manages educational copyright licenses and provides copyright advice to schools. It also summarizes the Statutory Text and Artistic Works License that allows schools to copy and communicate copyrighted works for educational purposes in certain amounts and with attribution, as well as tips and requirements for labeling, attribution and notices when using copyrighted works under this license.

1. National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
16 August 2022
Using Text and Artistic
Works- Schools
https://smartcopying.edu.au/creative-commons-oer/
National Copyright Unit
Arabi Shivaramanan and Jessica Smith

2. The NCU Copyright Hour
16 August 2022
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.
2

3. The NCU Copyright Hour
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National Copyright Unit
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Smartcopying website
3
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. National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
16 August 2022
4

5. The NCU Copyright Hour
16 August 2022
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)
5

6. The NCU Copyright Hour
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Outline
6
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Education Exceptions
4. Audiobooks and Remote Learning
5. Open Education Resources and Creative Commons
6. Smartcopying Tips

7. National Copyright Unit
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The NCU Copyright Hour
16 August 2022
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

8. The NCU Copyright Hour
16 August 2022
National Copyright Unit
www.smartcopying.edu.au
What text and artistic works
does copyright protect?
8
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.

9. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
9
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

10. The NCU Copyright Hour
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National Copyright Unit
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Copyright Activities
10
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

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

12. The NCU Copyright Hour
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• Schools 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’.
• Administering bodies can also rely on this
licence when creating teaching and learning
resources for schools.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.

13. The NCU Copyright Hour
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National Copyright Unit
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Statutory Text and Artistic
Works Licence
13
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/

14. The NCU Copyright Hour
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National Copyright Unit
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How much of a text work can I
copy and communicate?
14
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.

15. The NCU Copyright Hour
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National Copyright Unit
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When can I copy and communicate
more of a text work?
15
Schools 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.

16. The NCU Copyright Hour
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National Copyright Unit
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How much of an artistic work can I
copy and communicate?
16
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

17. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
What can schools do under
the Statutory Text and Artistic
Works Licence?
17
Under the Statutory Text and Artistic Works Licence, schools can:
• download a student worksheet from the internet
• copy images to use in a PowerPoint
• photocopy a poem/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 DTE for students to access
• email a worksheet and PowerPoint to students.

18. The NCU Copyright Hour
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National Copyright Unit
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Smartcopying tips
18
• 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.

19. The NCU Copyright Hour
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Labelling and attribution
19
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]

20. The NCU Copyright Hour
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Notice requirements
20
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/

21. The NCU Copyright Hour
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Images from the internet
21
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 sector pays 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:
• 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.

22. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
Which images from the
internet attract a fee?
22
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).

23. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
What is not covered by the
Statutory Text and Artistic Works
Licence?
23
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).

24. The NCU Copyright Hour
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www.smartcopying.edu.au
What if my intended use is not
covered?
24
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.

25. National Copyright Unit
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The NCU Copyright Hour
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Education Exceptions

26. National Copyright Unit
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The NCU Copyright Hour
16 August 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
26

27. The NCU Copyright Hour
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National Copyright Unit
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Performing and
communicating copyright
material in class (s 28)
27
• Section 28 allows schools 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.

28. The NCU Copyright Hour
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National Copyright Unit
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Section 28 uses
28
For example, schools 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.

29. The NCU Copyright Hour
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National Copyright Unit
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What is not covered?
29
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.

30. National Copyright Unit
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The NCU Copyright Hour
16 August 2022
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
30

31. The NCU Copyright Hour
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Flexible dealing (s 200AB)
31
• Section 200AB is a flexible exception that can be used by schools 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.

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

33. The NCU Copyright Hour
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Exam copying exception
33
• Teachers and administering bodies 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/

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

35. The NCU Copyright Hour
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National Copyright Unit
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Disability access exceptions
35
The Copyright Act contains two free disability copying exceptions that schools
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’).

36. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
36
• Under these exceptions, schools/administering bodies 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 schools to assist students with a disability, but
the circumstances in which they apply differ.

37. The NCU Copyright Hour
16 August 2022
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
37
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.

38. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
Notice requirements
38
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.

39. National Copyright Unit
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The NCU Copyright Hour
16 August 2022
Audiobooks and
Remote Learning

40. The NCU Copyright Hour
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Creating an audiobook
40
1. Is the audiobook available to purchase within a reasonable time in a format
that will suit your school’s educational purposes (eg from Google Play, Apple
Books, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/

41. The NCU Copyright Hour
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National Copyright Unit
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Creating an audiobook
41
3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
If you are communicating this audiobook (eg uploading it to a DTE):
• Only use the content you need for the specific educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected online space as soon as
practicable (eg by archiving).

42. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
Alternatives to creating your
own audiobook
42
You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg Apple Books, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).

43. The NCU Copyright Hour
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National Copyright Unit
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Alternatives to creating your
own audiobook
43
3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), the school can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10 copies
of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is cheapest.

44. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au
Remote teaching and learning
44
• Schools are not clearly permitted to use digital technologies to provide remote
teaching and learning support to Australian students in all circumstances.
• There are steps that schools can take to reduce (and in some cases eliminate) the
risk that your school is infringing copyright.
• For more information, see our Remote and Digital Learning information sheet.

45. National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
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Recap: How can I use
material?

46. The NCU Copyright Hour
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National Copyright Unit
www.smartcopying.edu.au 46
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

47. National Copyright Unit
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The NCU Copyright Hour
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Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

48. The NCU Copyright Hour
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www.smartcopying.edu.au 48
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

49. The NCU Copyright Hour
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CC licence elements
49
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

50. The NCU Copyright Hour
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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.

51. The NCU Copyright Hour
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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.

52. National Copyright Unit
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The NCU Copyright Hour
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Finding CC licensed
materials
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
52

53. The NCU Copyright Hour
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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
53
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

54. The NCU Copyright Hour
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openverse

55. The NCU Copyright Hour
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openverse one-click
attribution
55
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.

56. The NCU Copyright Hour
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openverse one-click
attribution
56
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.

57. The NCU Copyright Hour
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Google – CC search options
57
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for an image on the normal Google Images search, you can filter
so that the search results given are only CC images.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/

58. The NCU Copyright Hour
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Google advanced search
58
Click the settings icon and select advanced search.

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Once you’re in the advanced settings, the usage rights filter is at the very bottom.

60. The NCU Copyright Hour
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Google Images – Filter for CC
images
60
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.

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The NCU Copyright Hour
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Licensing your
learning resources
under CC
https://smartcopying.edu.au/applying-a-creative-commons-licence/
61

62. The NCU Copyright Hour
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Applying a CC licence to your
learning resources
62
• Schools are encouraged to use CC licensed resources as well as
licence learning resources they create under CC, where possible.
• This is because teachers can do more with CC licensed material and it
is free to access, use, modify and share.
• For more information on how to do this, see
https://smartcopying.edu.au/applying-a-creative-commons-licence/.

63. The NCU Copyright Hour
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Adding a CC licence to
learning resources
63
To license a learning resource that you’ve created under CC, all you have to do is:
1. choose your CC licence: https://creativecommons.org/choose/
2. copy the CC Licence icon
3. paste the icon onto the resource along with the attribution information and/or any other
notice you would like to include and
4. include a copyright statement on the resource to reflect the CC licence.
All Creative Commons Licence icons, can be found on the Creative Commons Licence
Chooser website: https://creativecommons.org/choose/.

64. National Copyright Unit
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The NCU Copyright Hour
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Attributing CC
licensed material
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
64

65. The NCU Copyright Hour
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Attributing CC material
65
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

66. The NCU Copyright Hour
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Useful OER and CC links
66
• 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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www.smartcopying.edu.au
67
The NCU Copyright Hour
16 August 2022
Smartcopying Tips

68. The NCU Copyright Hour
16 August 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
68
• 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.

69. The NCU Copyright Hour
16 August 2022
National Copyright Unit
www.smartcopying.edu.au
More information
69
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855