2. Copyright for Educators
16 September 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. Copyright for Educators
16 September 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)
3
4. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
4
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. TAFE Music Licence
4. Education Exceptions
5. Open Educational Resources (OER) and Creative Commons (CC)
6. Smartcopying Tips
6. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
6
7. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple TV,
Google Play, Netflix, Stan,
etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
7
8. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
8
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. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
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
● playing films and music
● singing songs
● playing instruments
● 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
9
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
10. National Copyright Unit
www.smartcopying.edu.au
10
Copyright for Educators
16 September 2022
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-
statutory-text-and-artistic-works-licence/
11. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 11
TAFE institutes may:
• copy and communicate text and artistic
works for educational purposes
• in both hardcopy and electronic form
• 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.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
12. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
How much of a text work can I
copy and communicate?
12
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.
13. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
13
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. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
How much of an artistic work can I
copy and communicate?
14
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
15. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What can TAFEs do under the
Statutory Text and Artistic
Works Licence?
15
Under the Statutory Text and Artistic Works Licence, teachers can:
• download a learning resource from the internet
• copy images to use in a teaching resource
• photocopy a chapter of a manual 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.
16. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
16
• 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.
17. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
17
• Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
• Currently, the TAFE sector pays nearly $3 million each year under this licence.
• Some recent examples of “freely available images” from the internet paid for under the Statutory
Text and Artistic Works Licence include:
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.
18. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
How do I know if an image from
the internet will attract a fee?
18
• All images from the internet used by TAFEs will attract remuneration
under the Statutory Text and Artistic Works Licence unless:
o it is a Creative Commons licensed image (see Where to find CC
licensed images)
o the copyright in the image has expired and is in the public
domain (see How long does copyright last?)
o the terms of use clearly allow for educational use (see Internet
and Websites).
https://smartcopying.edu.au/guidelines/text-material/
19. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
19
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).
20. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is
not covered?
20
You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (link to it, create your own content
inspired by the original material)
• rely on one of the education exceptions discussed later in this
PowerPoint.
21. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
21
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]
22. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
22
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/
24. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music in the TAFE
Classroom
24
• When TAFEs play and perform music in the classroom, they may be able to rely on
a copyright exception rather than the TAFE Music Licence.
• If the TAFE is not able to rely on the exception (eg if family members are in
attendance), it may be able to rely on the TAFE Music Licence.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
25. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
25
All TAFEs in SA can now rely on the TAFE Music Licence with APRA AMCOS, ARIA
and PPCA to perform musical works live (eg a live performance by a TAFE band) and
use sound recordings in different ways outside the classroom environment.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
26. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
26
For example, TAFEs can:
• perform/play a musical work live at TAFE events (eg a TAFE band playing live at a TAFE Open
Day)
• play a sound recording at TAFE events (eg use recorded music in a TAFE fashion show)
• play a sound recording as background music in TAFE businesses (eg TAFE training restaurants,
fitness centres or cafes)
• play a sound recording as background music in TAFE workplaces (eg staff rooms, TAFE offices)
• incorporate a sound recording into another work (eg adding music to a PowerPoint presentation)
to show at an event
• record, communicate and live stream TAFE events at which a musical work is performed or
sound recording played.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
27. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
27
Recording your TAFE event
TAFEs can:
• record TAFE events that include the performance of a musical work live or a sound
recording
• authorise a third party (eg a professional videographer hired to film a TAFE fashion
show or graduation ceremony) to make a recording of a TAFE event on its behalf.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
28. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
28
What can I do with the recording of our TAFE event?
TAFEs can use the recording of their TAFE event(s) in the following ways:
• upload it to the TAFE website and/or DTE
• upload it to educational apps being used for TAFE communications (eg Skillslocker)
• email a digital copy to the TAFE community (students and parents)
• provide a physical copy to the TAFE community (for example, on a USB device)
• upload it to the TAFE’s official social media page (although where a musical work or
sound recording is played at the TAFE event the post may still be taken down).
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
29. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
29
Incorporating sound recordings into other works
TAFEs can incorporate a sound recording into another unrelated work (eg add a backing track
to a PowerPoint presentation or to a video of a graduation ceremony).
TAFEs can then:
• upload the recording to the TAFE website, password protected intranet or password
protected DTE
• email or provide a physical copy of the recording to students and their families
• upload the recording to an educational app (for example ‘SkillsLocker’).
Note, however, the TAFE cannot upload this work to social media.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
30. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Using music outside the TAFE
classroom
30
Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a
sound recording is played, in real time from TAFE social media platforms (such as
Facebook or YouTube).
However, for live streams where a musical work or sound recording is being played
on social media, it is still possible that the performance may be blocked or muted.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
31. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Creative Commons music
31
TAFEs can use CC musicals works and sound recordings free of charge provided you
comply with the terms of the CC licence.
There are several websites that license musical works and sound recordings under a CC
licence, including:
• SoundCloud – online sharing platform with option to filter search results for CC content
• Vimeo – online community with option to search for CC content
• CC Mixter – CC sound remix tool and archive
• Magnatune – CC record label
• Jamendo – CC music distribution site
• Freesound – collaborative data base of CC licensed sounds.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
33. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
16 September 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-
tafe-classes/
Performing and
Communicating Material in
Class (s 28)
33
34. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating copyright
material in class (s 28)
34
• 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 for the purposes of educational instruction
• Includes any type of material.
• Must be restricted to staff and students who need material
35. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses
35
• Reading a story, news article, journal, handbook or other literary work.
• Performing a musical work in class
• Playing:
o television programs from free to air and pay television
o radio programs from free to air radio and digital radio stations
o television programs from streaming services (eg Netflix, Stan)
o a film in any format (eg DVD or a film from Apple TV, Google Play, etc)
o purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music,
Google Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.
36. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
36
Section 28 does not cover communicating or performing a
work:
• to the parents of students
• at a TAFE event where there is no teaching involved (eg
graduation, open day, fashion show, workplace such as
a hair salon, etc)
• for a fundraising activity.
Open source film making with Todd Harris
by opensource.com
is licensed under CC BY-SA 2.0
38. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
38
• Teachers commonly rely on this exception to copy audio (eg Apple
Music songs) and audio-visual content (eg YouTube videos).
• 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.
39. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Common flexible dealing
activities
39
Some examples of uses that may be permitted under the flexible dealing exception include:
• format shifting audiovisual content from CD or DVD to digital for use on devices lacking CD-
ROM drives when it is not possible to buy a digital version of the film or sound recording
• making a digital copy of a DVD to upload to a TAFE’s DTE in order to play to a landscaping
class
• compiling extracts of audio-visual material for use in class (eg making a compilation of short
extracts of several films for a photography class) when it is not possible to buy a similar
teaching resource.
41. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
41
• TAFEs are allowed to copy and communicate copyright material for use in online
and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos, etc.
o actual exams and assessments.
o may cover ‘practice’ exams and assessments – must be considered on a case-
by-case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
43. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
43
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’).
44. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
44
• 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 provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for students with hearing 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.
45. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
45
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.
46. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
46
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.
48. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
48
• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.
"classroom" by Lauren Manning is
licensed under CC BY 2.0
50. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 50
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
51. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 51
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing
52. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 52
Music
Play or display
in class
Section 28
Perform or
play outside
class
TAFE Music
Licence
Live stream or
make
recordings of
a TAFE event
TAFE Music
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam Copying
Exception
Music includes
musical works and
sound recordings
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
54. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
54
55. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 55
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
56. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
CC licence elements
56
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
57. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 57
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.
58. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au 58
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.
59. Copyright for Educators
16 September 2022
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.
Best way to find CC materials
59
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
https://smartcopying.edu.au/where-to-find-cc-licensed-material/
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
60. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Other places to find CC
material
60
• Images: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-images
• Videos: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-videos
• Music: https://www.smartcopying.edu.au/open-education/open-education-resources/where-to-
find-cc-licensed-material/where-to-find-cc-licensed-music
• Audiobooks: https://www.smartcopying.edu.au/open-education/open-education-resources/where-
to-find-cc-licensed-material/where-to-find-other-cc-licensed-material
• Other good CC/OER websites with an array of materials: https://www.smartcopying.edu.au/open-
education/open-education-resources/where-to-find-oer-materials
61. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Applying a CC licence to your
learning resources
61
• TAFEs are encouraged to use CC licensed resources as well as license
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/.
62. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Adding a CC licence to
learning resources
62
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/.
https://smartcopying.edu.au/applying-a-creative-commons-licence/
63. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
63
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
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
65. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
65
• Where possible, create your own content.
• 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.
66. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Tips for encouraging
copyright compliance
66
TAFEs can do the following to ensure student and staff compliance with copyright obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any copyright questions.
• The NCU leads a ‘Copyright for Educators’ course – this is a free online course for all Australian school
and TAFE teachers and librarians.
• Ensure students and teachers are aware of the Smartcopying tips – Link, Label, Limit and Clear out
material when no longer needed.
• Encourage the use of Creative Commons and OER where possible. Have a look at our short
explainers on CC and OER on the Smartcopying website.
• The NCU has also developed a series of flow charts that outline how staff can use third party material in
their learning resources.
67. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
Creating learning resources that include
third party text and artistic works
67
https://smartcopying.edu.au/flowcharts/
68. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
68
• Free one hour presentations on key topics.
• Currently, TAFEs can enrol in the CC presentation.
• Keep an eye out for other topics (hopefully available later this year).
• For dates and more information see https://smartcopying.edu.au/national-copyright-
seminar-series/.
69. Copyright for Educators
16 September 2022
National Copyright Unit
www.smartcopying.edu.au
More information
69
www.smartcopying.edu.au
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855
Editor's Notes
- Acknowledgement of Country (NSW DoE template):
‘I acknowledge that I’m meeting with you today from the lands of the Darug people. I also acknowledge the Traditional Custodians of the various lands on which you all work today and pay respect to Elders past and present & emerging and extend that respect to other Aboriginal people joining us today.’
Explain to participants that we will be answering questions at the end of each section.
@Alison/Jess we didn’t do copyright basics last year but should I leave it?
@Alison/Jess we didn’t have this last year – do I keep?
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison should I move music to after exceptions or keep it consistent with last yrs TAFE SA?
@Alison/Jess we didn’t have this last year – do I keep
We will be discussing the education exceptions in the Copyright Act, in more detail later in the presentation.
@Alison/Jess we didn’t have this last year – do I keep
If section 28 does not apply, the TAFE may be able to rely on the TAFE Music Licence (ie first two bullet points)
It is better to simply play the content in class or provide a link to students.
Flexible dealing only applies if:
1. You cannot rely on any other licence or exception AND
2. You need the material for educational instruction AND
Educational instruction includes:
teaching
preparing to teach
compiling resources for student homework or research
doing anything else for the purpose of teaching.
You can’t rely on this exception for ‘just in case’ copying.
3. Your use does not conflict with the normal exploitation of the material.
We’d then ask you follow our guidelines when uploading the material to your DTE
TAFEs are more likely to be able to rely on the exception to copy materials for practice exams, if:
(a) the practice exam has a question and answer format;
(b) students are asked to complete the practice exam either:
(i) in class in a 'test' setting; or
(ii) in a more informal setting either in or outside the classroom but with certain time restrictions (i.e. where students are told to complete the practice exam by the end of the class, or if they are taking it home by the end of the week);
(c) a teacher is to review students' responses to the practice exam and provide some form of feedback or a mark to the student; and
(d) the purpose of the practice exam is to inquire into or assess the students' performance/capabilities.
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or comprehending copyright material in a particular form.
Includes students:
with vision or hearing impairments
who are unable to hold or manipulate books
with an intellectual disability
with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
@Alison/Jess we didn’t have this last year – do I keep
We have short explainers on how to do this.
@Alison/Jess we didn’t have this last year – do I keep
We also have information on how to find different types of material licensed under CC eg https://filmmusic.io is a site with CC licensed music that can be searched by genre.
Issues and concerns around licensing TAFE learning resources under CC:
improper attribution of TAFE owned materials
competition between education providers.
Possible solutions to these issues and concerns:
be very clear with your attribution requirements. Attribution is a condition of all CC licences.
consider the SA licence.
@Alison/Jess moved the below note to this slide from slide 63
Material that has been created by your TAFE should be clearly labelled as such in order to avoid paying fees under the Statutory Text and Artistic Works Licence to use the material. This is best done with a footer on each page. For examples see link
Remember if third party material in resource, this cannot be included in your licence and should be clearly labelled. If rely on STAWL, need to make resource pp.
Remember:
You cannot apply a Creative Commons licence to third party content as you do not have the rights
For all third party content, you must prominently mark or indicate in a notice that this content is excluded from the Creative Commons licence (eg under the third party material on in an end credits page)
Learning resources that include third party content cannot go on a public website. Must be password protected.
Typically place attribution under resource as it appears. Else in end bibliography page or as caption text where material is uploaded on your DTE.
Speaking notes:
TAFE’s own material can be used or adapted however you like. Free – no copyright licence fees are paid on TAFE owned materials. Remember to label this material so that it is clear it is TAFE owned material.
Link - Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere.
Label All material created and used for educational purposes should be properly attributed. Attributing is important to ensure that we don't pay licence fees for material we already own or are allowed to use – eg school created content. Attribution should include details such as:
the copyright owner (eg the publisher) and/or author
title and publication information if available (eg edition, ISBN)
where the material was sourced from (eg URL if online).
Limit - Once material is communicated to an entire school or jurisdiction, the risk of copyright infringement increases. Collecting societies believe that the value of content increases with the number of people who can access it. Limiting access is important for cost and risk management.
Clear out - Clearing out material as soon as possible when it is no longer required is one practical way of managing copyright risk and costs.
@Alison/Jess do we need?
Have a look at our downloadable Flowcharts on the Smartcopying website. We’ve also developed some specific to Curriculum developers in collaboration with TAFE SA.
@Alison/Jess should I mention above?
