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National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
4 April 2023
Copyright for TAFE
Resource Developers
National Copyright Unit
Sylvie Saab & Holly Cordell
1
The NCU Copyright Hour
4 April 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.
2
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
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
The NCU Copyright Hour
4 April 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)
4
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Outline
5
1. Smartcopying tips
2. Seeking permission
3. Statutory Licences, TAFE Music Licence and educational copyright provisions
4. Standards Australia
5. Publishing material on a public website
6. Commercialisation of TAFE resources
7. Attribution
https://smartcopying.edu.au/creating-learning-and-teaching-resources/
National Copyright Unit
www.smartcopying.edu.au
6
The NCU Copyright Hour
4 April 2023
Smartcopying tips
6
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Smartcopying Tips
7
• Use your own material
• Use as inspiration
• Link or embed
• Use Creative Commons licensed material
National Copyright Unit
www.smartcopying.edu.au
8
The NCU Copyright Hour
4 April 2023
Creative Commons
8
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au 9
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
CC is a set of free licences creators can use to make their work available to the public. All CC
licences permit educational uses of a work. You can freely copy, share and sometimes modify and
remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Finding CC licensed materials?
10
There are many sources of CC licensed materials. For example:
• Openverse - an open-source search engine that searches CC licensed and public domain content
from dozens of different sources.
• Openphoto - a moderated photo community with over 3000 CC licensed photos in different
categories.
• Europeana contains digital resources of Europe’s museums, libraries, archives and audio-visual
collections including paintings, drawings, maps, photos and pictures of museum objects.
• filmmusic.io – lets you search for CC licensed music and filter by genre.
• YouTube – lets you filter for CC licensed videos on the results page.
• You can filter for CC licensed material on Google and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
National Copyright Unit
www.smartcopying.edu.au
11
The NCU Copyright Hour
4 April 2023
Seeking permission
11
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
When should I seek
permission?
12
• TAFE resource developers may want to use third party materials in their resources and share
the final product in different ways. It may be better to seek permission than rely on a licence
or exception:
• For example, TAFEs may want to use materials in resources:
• that will be used in future collaborations with other TAFEs
• they want to commercialise
• they want to share with the school sector
• that will be used by all TAFE institutes within a jurisdiction.
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
When should I seek permission?
13
TAFEs may also wish to contact the copyright owner to seek permission (or contact
the NCU for clarification) if:
1. it is not clear from the terms and conditions of a website whether your use is
permitted or the material is actually licensed under CC
2. it is not clear whether the terms cover subsequent use of the material
3. you want to ask a copyright owner to license their materials under a CC
licence.
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Seeking permission
14
You should first check if your TAFE has already sought permission or taken out a
licence.
• If yes, use the material as per the permission/licence.
• If no (or the permission doesn’t cover your use), seek written permission.
To seek permission:
1. identify the copyright owner.
2. email them to request permission (you can use our template emails here).
You should keep a copy of the permission on file for future reference, preferably in a
central register of permissions all staff can access.
National Copyright Unit
www.smartcopying.edu.au
15
The NCU Copyright Hour
4 April 2023
Statutory and Voluntary
Licences
15
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Using material under the
Statutory Licences
16
If the third party material you want to use in your resource is not licensed
under Creative Commons and you don’t have permission, you may be able to rely on
the statutory licences to use the material, provided it is password protected.
There are 2 statutory licences:
• Statutory Text and Artistic Works Licence
• Statutory Broadcast Licence (only relevant to TAFEs in WA)
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
17
• Resource developers can copy and communicate text works (eg poems,
short stories, journal articles, books) for educational purposes, provided
the amount does not unreasonably prejudice the legitimate interests of
the copyright owner.
o The 10% or one chapter rule is still a useful guide in making this
assessment for resources that are still commercially available.
o Materials copied under the licence must be password protected.
o Resource developers can also copy and communicate whole artistic
works (eg photos, maps, diagrams).
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
18
All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed images)
• the copyright in the image has expired and is in the public domain (see How long
does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).
Even if your TAFE has a licence, this may not allow for subsequent copying by TAFE
teachers in the classroom.
Smartcopying tip: use CC licensed images instead and keep an ‘image bank’ of CC
licensed images that you can use at any time.
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
(WA TAFE)
19
TAFE Resource developers in WA can rely on the Statutory
Broadcast Licence to:
• copy television and radio broadcasts from free-to-air television
and radio, for educational purposes
• upload the copy broadcasts to the department or administrating
body’s intranet provided access is limited (eg on a TAFE
intranet via password protected access).
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
Radio Tower by Unknown Author is licensed under CC BY-SA
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Music
20
• TAFE resource developers can rely on the TAFE Music Licence to incorporate
sound recordings into learning materials they are creating.
• For example, they may wish to incorporate a sound recording into a presentation as
part of a Certificate III in Music Industry, or as part of a Diploma of Music (Sound
Production).
National Copyright Unit
www.smartcopying.edu.au
21
The NCU Copyright Hour
4 April 2023
Exceptions
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing
22
Section 200AB is a flexible exception that allows resource developers to copy and
communicate content when no other exception or licence applies. TAFE resource
developers can rely on this exception to copy audio-visual content, for example:
• to copy a documentary on acupuncture as part of a Diploma of Health Science –
Traditional Chinese Medicine into learning materials for TAFEs
• to use whole or short extracts of YouTube clips in their curriculum materials. For
example, they may want to copy short clips of different exercises to include in
course material as part of a Certificate IV in Fitness.
It only applies in limited circumstances. You must assess your proposed use on a
case-by-case basis.
Contact the NCU first to discuss your particular circumstances.
https://smartcopying.edu.au/flexible-dealing/
National Copyright Unit
www.smartcopying.edu.au
23
The NCU Copyright Hour
4 April 2023
Standards Australia
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Standards Australia
24
TAFE resource developers may be able to rely on the Statutory Text and Artistic
Works Licence, to copy Australian Standards into their learning materials, provided:
(i) it is for an educational purpose
(ii) access is restricted behind a password to teachers and students
(iii) the amount does not unreasonably prejudice the legitimate interests of the
copyright owner.
The 10% or one chapter rule is still a useful guide in making this assessment for
resources that are still commercially available.
Contact NCU or your local copyright manager to discuss further.
https://smartcopying.edu.au/where-to-find-cc-licensed-material/
National Copyright Unit
www.smartcopying.edu.au
25
The NCU Copyright Hour
4 April 2023
Publishing material to a
public website
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Publishing material to a public
website
26
The only material you can publish to a public website/media platforms which anyone,
anywhere can access is material:
Alternatively, it is okay to provide links to material created by others
on public websites.
• in which the TAFE owns copyright
• created by others (ie ‘third party material’), which has been
licensed under Creative Commons or is in the public domain
• created by others, which you have express permission to use
in this way.
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Licensing your materials under a
CC licence
27
• There is a growing trend in the schools and university sectors to licence their
educational materials under a Creative Commons (CC BY) Licence.
• CC licensed materials are free to access, use, modify and share. CC licences also
encourage collaboration, innovation and the creation of communities based on the
sharing of education resources.
• TAFEs may want to consider licensing their materials under a CC Licence,
depending on the circumstances. Licensing under CC means that TAFE materials
could be shared with industry partners, and other entities more easily.
https://smartcopying.edu.au/applying-a-creative-commons-licence/
National Copyright Unit
www.smartcopying.edu.au
28
The NCU Copyright Hour
4 April 2023
Commercialisation of
TAFE resources
https://smartcopying.edu.au/labelling-and-attributing/
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Commercialisation of TAFE
Resources
29
Sometimes, TAFEs may want to license their resources and training materials for a profit
to other educational institutions or entities.
If TAFEs do want to create new resources to sell for a profit, they should only use the
following materials:
• TAFE owned materials
• Creative Commons licensed materials (note they cannot use materials licensed under a
CC Non-Commercial licence)
• that are linked (linking is not a copyright activity, as it is just providing a pathway to the
material)
• where the TAFE has obtained permission from the copyright owner.
National Copyright Unit
www.smartcopying.edu.au
30
The NCU Copyright Hour
4 April 2023
Attribution
https://smartcopying.edu.au/labelling-and-attributing/
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Label TAFE materials clearly, so that licence fees are not paid on these
resources. It also makes it clear to users of the content how they can use it.
Clearly identify any third party materials in any resource you create, and label
these so it is clear how they can be used (for example, used with permission,
copied under one of the education licences or exceptions).
Attribution
31
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
You should always:
1. attribute each individual resource, and, where possible, each
individual page or element of a resource
2. include an appropriate copyright notice on the home page of the
website or intranet.
Remember, when creating new resources, you should license all TAFE owned
material under Creative Commons and attribute it accordingly.
Attribution
32
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Text and Artistic Works Broadcasts (TAFE
WA)
Creative Commons Own material
• author and publisher
• Title
• edition or date
published
• ISBN or ISSN
• URL (if from a
website)
• program name
• channel
• date copied
• URL (if from a
website)
• Title
• Author
• Source Licence
© [TAFE/TAFE
Administering Body],
[TAFE Institute], 2023
33
How to label and attribute
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Examples of copyright notices
34
© TAFE NSW, 2023
© TAFE QLD, South Bank, 2023
© North Metro TAFE WA, 2023. Except as otherwise noted, this [insert content title] is
licensed under the Creative Commons Attribution 4.0 International Licence. To view a
copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Examples of copyright notices
35
Where you are using third party content within your resources, that is not owned by
you or licensed under CC:
All material on this [website or resource], except as identified below, is licensed
under the Creative Commons Attribution 4.0 International Licence. To view a copy
of this licence, visit http://creativecommons.org/licenses/by/4.0/.
Material that is not licensed under a Creative Commons licence is:
• Photographs on pages 4-6
• Poem on page 2
• Video footage
https://smartcopying.edu.au/labelling-third-party-content-in-creative-commons-licensed-material/
National Copyright Unit
www.smartcopying.edu.au
36
The NCU Copyright Hour
4 April 2023
Recap – creating
learning resources
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
Creating Learning Resources
Can I use my own
material, CC licensed
material, link or use
public domain material?
• Yes – fine to use material
in learning video (can be
password protected or
public).
• No – consider if can seek
permission.
Can I seek permission
to use third party
material?
• Yes – use as per the
permission (make sure
it covers how you
intend the video to be
used).
• No – consider if any
educational licence or
exception applies.
Do any educational
licences or exceptions
apply (eg flexible
dealing)?
• Yes – use as per the
licence/exception. Video
must be password
protected.
• No – consider
alternatives (eg CC
licensed material, linking
or creating your own).
Smartcopying tip: Remember to attribute!
The NCU Copyright Hour
4 April 2023
National Copyright Unit
www.smartcopying.edu.au
More information
38
www.smartcopying.edu.au
smartcopying@det.nsw.edu.au
02 7814 3855

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The NCU Copyright Hour - Copyright for Resource Developers - TAFE

  • 1. National Copyright Unit www.smartcopying.edu.au 1 The NCU Copyright Hour 4 April 2023 Copyright for TAFE Resource Developers National Copyright Unit Sylvie Saab & Holly Cordell 1
  • 2. The NCU Copyright Hour 4 April 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. 2
  • 3. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au 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. The NCU Copyright Hour 4 April 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) 4
  • 5. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Outline 5 1. Smartcopying tips 2. Seeking permission 3. Statutory Licences, TAFE Music Licence and educational copyright provisions 4. Standards Australia 5. Publishing material on a public website 6. Commercialisation of TAFE resources 7. Attribution https://smartcopying.edu.au/creating-learning-and-teaching-resources/
  • 6. National Copyright Unit www.smartcopying.edu.au 6 The NCU Copyright Hour 4 April 2023 Smartcopying tips 6
  • 7. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Smartcopying Tips 7 • Use your own material • Use as inspiration • Link or embed • Use Creative Commons licensed material
  • 8. National Copyright Unit www.smartcopying.edu.au 8 The NCU Copyright Hour 4 April 2023 Creative Commons 8
  • 9. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au 9 https://smartcopying.edu.au/what-is-creative-commons/ What is Creative Commons (CC)? CC is a set of free licences creators can use to make their work available to the public. All CC licences permit educational uses of a work. You can freely copy, share and sometimes modify and remix a CC work without having to seek the permission of the creator. Adventures in Copyright by by Meredith Atwater for opensource.com is licensed under CC BY-SA 2.0
  • 10. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Finding CC licensed materials? 10 There are many sources of CC licensed materials. For example: • Openverse - an open-source search engine that searches CC licensed and public domain content from dozens of different sources. • Openphoto - a moderated photo community with over 3000 CC licensed photos in different categories. • Europeana contains digital resources of Europe’s museums, libraries, archives and audio-visual collections including paintings, drawings, maps, photos and pictures of museum objects. • filmmusic.io – lets you search for CC licensed music and filter by genre. • YouTube – lets you filter for CC licensed videos on the results page. • You can filter for CC licensed material on Google and Flickr. https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
  • 11. National Copyright Unit www.smartcopying.edu.au 11 The NCU Copyright Hour 4 April 2023 Seeking permission 11
  • 12. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au When should I seek permission? 12 • TAFE resource developers may want to use third party materials in their resources and share the final product in different ways. It may be better to seek permission than rely on a licence or exception: • For example, TAFEs may want to use materials in resources: • that will be used in future collaborations with other TAFEs • they want to commercialise • they want to share with the school sector • that will be used by all TAFE institutes within a jurisdiction.
  • 13. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au When should I seek permission? 13 TAFEs may also wish to contact the copyright owner to seek permission (or contact the NCU for clarification) if: 1. it is not clear from the terms and conditions of a website whether your use is permitted or the material is actually licensed under CC 2. it is not clear whether the terms cover subsequent use of the material 3. you want to ask a copyright owner to license their materials under a CC licence.
  • 14. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Seeking permission 14 You should first check if your TAFE has already sought permission or taken out a licence. • If yes, use the material as per the permission/licence. • If no (or the permission doesn’t cover your use), seek written permission. To seek permission: 1. identify the copyright owner. 2. email them to request permission (you can use our template emails here). You should keep a copy of the permission on file for future reference, preferably in a central register of permissions all staff can access.
  • 15. National Copyright Unit www.smartcopying.edu.au 15 The NCU Copyright Hour 4 April 2023 Statutory and Voluntary Licences 15
  • 16. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Using material under the Statutory Licences 16 If the third party material you want to use in your resource is not licensed under Creative Commons and you don’t have permission, you may be able to rely on the statutory licences to use the material, provided it is password protected. There are 2 statutory licences: • Statutory Text and Artistic Works Licence • Statutory Broadcast Licence (only relevant to TAFEs in WA)
  • 17. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Statutory Text and Artistic Works Licence 17 • Resource developers can copy and communicate text works (eg poems, short stories, journal articles, books) for educational purposes, provided the amount does not unreasonably prejudice the legitimate interests of the copyright owner. o The 10% or one chapter rule is still a useful guide in making this assessment for resources that are still commercially available. o Materials copied under the licence must be password protected. o Resource developers can also copy and communicate whole artistic works (eg photos, maps, diagrams). https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/
  • 18. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Images from the internet 18 All images from the internet will attract fees under the Statutory Text and Artistic Works Licence unless: • it is a Creative Commons licensed image (see Where to find CC licensed images) • the copyright in the image has expired and is in the public domain (see How long does copyright last?) • the terms of use clearly allow for educational use (see Internet and Websites). Even if your TAFE has a licence, this may not allow for subsequent copying by TAFE teachers in the classroom. Smartcopying tip: use CC licensed images instead and keep an ‘image bank’ of CC licensed images that you can use at any time.
  • 19. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Statutory Broadcast Licence (WA TAFE) 19 TAFE Resource developers in WA can rely on the Statutory Broadcast Licence to: • copy television and radio broadcasts from free-to-air television and radio, for educational purposes • upload the copy broadcasts to the department or administrating body’s intranet provided access is limited (eg on a TAFE intranet via password protected access). https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/ Radio Tower by Unknown Author is licensed under CC BY-SA
  • 20. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Music 20 • TAFE resource developers can rely on the TAFE Music Licence to incorporate sound recordings into learning materials they are creating. • For example, they may wish to incorporate a sound recording into a presentation as part of a Certificate III in Music Industry, or as part of a Diploma of Music (Sound Production).
  • 21. National Copyright Unit www.smartcopying.edu.au 21 The NCU Copyright Hour 4 April 2023 Exceptions
  • 22. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Flexible dealing 22 Section 200AB is a flexible exception that allows resource developers to copy and communicate content when no other exception or licence applies. TAFE resource developers can rely on this exception to copy audio-visual content, for example: • to copy a documentary on acupuncture as part of a Diploma of Health Science – Traditional Chinese Medicine into learning materials for TAFEs • to use whole or short extracts of YouTube clips in their curriculum materials. For example, they may want to copy short clips of different exercises to include in course material as part of a Certificate IV in Fitness. It only applies in limited circumstances. You must assess your proposed use on a case-by-case basis. Contact the NCU first to discuss your particular circumstances. https://smartcopying.edu.au/flexible-dealing/
  • 23. National Copyright Unit www.smartcopying.edu.au 23 The NCU Copyright Hour 4 April 2023 Standards Australia
  • 24. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Standards Australia 24 TAFE resource developers may be able to rely on the Statutory Text and Artistic Works Licence, to copy Australian Standards into their learning materials, provided: (i) it is for an educational purpose (ii) access is restricted behind a password to teachers and students (iii) the amount does not unreasonably prejudice the legitimate interests of the copyright owner. The 10% or one chapter rule is still a useful guide in making this assessment for resources that are still commercially available. Contact NCU or your local copyright manager to discuss further. https://smartcopying.edu.au/where-to-find-cc-licensed-material/
  • 25. National Copyright Unit www.smartcopying.edu.au 25 The NCU Copyright Hour 4 April 2023 Publishing material to a public website
  • 26. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Publishing material to a public website 26 The only material you can publish to a public website/media platforms which anyone, anywhere can access is material: Alternatively, it is okay to provide links to material created by others on public websites. • in which the TAFE owns copyright • created by others (ie ‘third party material’), which has been licensed under Creative Commons or is in the public domain • created by others, which you have express permission to use in this way.
  • 27. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Licensing your materials under a CC licence 27 • There is a growing trend in the schools and university sectors to licence their educational materials under a Creative Commons (CC BY) Licence. • CC licensed materials are free to access, use, modify and share. CC licences also encourage collaboration, innovation and the creation of communities based on the sharing of education resources. • TAFEs may want to consider licensing their materials under a CC Licence, depending on the circumstances. Licensing under CC means that TAFE materials could be shared with industry partners, and other entities more easily. https://smartcopying.edu.au/applying-a-creative-commons-licence/
  • 28. National Copyright Unit www.smartcopying.edu.au 28 The NCU Copyright Hour 4 April 2023 Commercialisation of TAFE resources https://smartcopying.edu.au/labelling-and-attributing/
  • 29. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Commercialisation of TAFE Resources 29 Sometimes, TAFEs may want to license their resources and training materials for a profit to other educational institutions or entities. If TAFEs do want to create new resources to sell for a profit, they should only use the following materials: • TAFE owned materials • Creative Commons licensed materials (note they cannot use materials licensed under a CC Non-Commercial licence) • that are linked (linking is not a copyright activity, as it is just providing a pathway to the material) • where the TAFE has obtained permission from the copyright owner.
  • 30. National Copyright Unit www.smartcopying.edu.au 30 The NCU Copyright Hour 4 April 2023 Attribution https://smartcopying.edu.au/labelling-and-attributing/
  • 31. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Label TAFE materials clearly, so that licence fees are not paid on these resources. It also makes it clear to users of the content how they can use it. Clearly identify any third party materials in any resource you create, and label these so it is clear how they can be used (for example, used with permission, copied under one of the education licences or exceptions). Attribution 31
  • 32. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au You should always: 1. attribute each individual resource, and, where possible, each individual page or element of a resource 2. include an appropriate copyright notice on the home page of the website or intranet. Remember, when creating new resources, you should license all TAFE owned material under Creative Commons and attribute it accordingly. Attribution 32
  • 33. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Text and Artistic Works Broadcasts (TAFE WA) Creative Commons Own material • author and publisher • Title • edition or date published • ISBN or ISSN • URL (if from a website) • program name • channel • date copied • URL (if from a website) • Title • Author • Source Licence © [TAFE/TAFE Administering Body], [TAFE Institute], 2023 33 How to label and attribute
  • 34. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Examples of copyright notices 34 © TAFE NSW, 2023 © TAFE QLD, South Bank, 2023 © North Metro TAFE WA, 2023. Except as otherwise noted, this [insert content title] is licensed under the Creative Commons Attribution 4.0 International Licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
  • 35. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Examples of copyright notices 35 Where you are using third party content within your resources, that is not owned by you or licensed under CC: All material on this [website or resource], except as identified below, is licensed under the Creative Commons Attribution 4.0 International Licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. Material that is not licensed under a Creative Commons licence is: • Photographs on pages 4-6 • Poem on page 2 • Video footage https://smartcopying.edu.au/labelling-third-party-content-in-creative-commons-licensed-material/
  • 36. National Copyright Unit www.smartcopying.edu.au 36 The NCU Copyright Hour 4 April 2023 Recap – creating learning resources
  • 37. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au Creating Learning Resources Can I use my own material, CC licensed material, link or use public domain material? • Yes – fine to use material in learning video (can be password protected or public). • No – consider if can seek permission. Can I seek permission to use third party material? • Yes – use as per the permission (make sure it covers how you intend the video to be used). • No – consider if any educational licence or exception applies. Do any educational licences or exceptions apply (eg flexible dealing)? • Yes – use as per the licence/exception. Video must be password protected. • No – consider alternatives (eg CC licensed material, linking or creating your own). Smartcopying tip: Remember to attribute!
  • 38. The NCU Copyright Hour 4 April 2023 National Copyright Unit www.smartcopying.edu.au More information 38 www.smartcopying.edu.au smartcopying@det.nsw.edu.au 02 7814 3855

Editor's Notes

  1. - Acknowledgement of Country (NSW DoE template): ‘I acknowledge that I’m meeting with you today from the lands of the [insert] 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, will be monitoring chat. Feel free to pop in the chat, where you are from, and what kind of area you work in.
  2. Speaking Note: You may have heard of us before, if not we are the National Copyright Unit. We have a number of different responsibilities and areas we work in. Even though we sit under NSW, we provide these services to all jurisdictions. Copyright Advice – a large part of our day to day work is speaking to educators and content developers about copyright and answering any questions that come up. Law Reform – recently we have been advocating for the copyright access reforms, to make it clearer as to how teachers can use materials when teaching remotely and in the digital space. Education Arm – C4E, webinars, Copyright Hour. And we also can provide webinars on an ad hoc basis when we are asked. We are a national team, with members in NSW, QLD and WA. Not the copyright police. Generally you are all doing the right thing. We are here to provide guidance and tips. Because copyright is important for the owners of copyright and the people that use it. We are here to make your lives easier.
  3. Speaking Note: Our website is your first point of call for copyright questions. Really practical, lots of info sheets and FAQs and guides We are really interested in how this website is presented and comes across. Would love any feedback, if you find anything confusing or if there's something you’d like more of. Drop us an email.
  4. Happy for you to use and share these slides. Just attribute Available on slideshare.
  5. Speaking note: This presentation is aimed at staff who are create learning resources for their TAFE institutes.
  6. Speaking Note: These tips are about smarter ways to create resources while still managing your copyright obligations. Use your own - Using and repurposing the TAFE’s own material is a great way to manage copyright obligations. Provided that material doesn’t include other people’s materials, you can use and share this in any way you like (eg publicly or repurpose it in your own resource). Generally, resource developers should license the materials they create under a Creative Commons Licence. We will discuss how to do this later. Use as inspiration - If you find useful material that has been created by others, you could use it as inspiration to create your own original content (eg a resource developer may want to develop some information sheets for a commercial cookery course. They could look at a number of different resources and then create their own). Link or embed - By including a link, you are providing a path to the material’s location, and this is not a copyright activity (eg for a YouTube video, consider including an embedded link to the video). CC licensed - Free to use, modify and share. Will go through this shortly. All our content is CC licensed.
  7. Speaking Note: Some of the many benefits of Creative Commons materials: Cheaper: saves money on copyright fees and administrative costs of seeking permission. Education resources can be shared freely online with very low transaction costs. Collaborative: encourages collaboration and creates communities based on sharing of education resources. Can share resources on public websites and social media. Adaptable: enables educators to reuse, remix and adapt resources since the copyright owner has already given permission to everyone (eg by translating or using local examples). Accessible: over 2 billion Creative Commons licensed works.
  8. Speaking Note: There are over 2 billion CC licensed works across millions of websites and databases. Openverse does audio and images and does attribution for you. You can find more examples on our Smartcopying website – eg our CC Copyright Hour slides. If using Google two options Go directly to the advanced search page: https://www.google.com.au/advanced_search. After searching for an image on the normal Google Images search, you can filter so that the search results given are only CC images. If Flickr Flickr has an entire section on their website dedicated to CC licensed images: https://www.flickr.com/creativecommons/. When you’re on that section of the website, you can browse images licensed under CC. However, if you want to search for an image, you have to add a filter for CC licences.
  9. Speaking Note: Now we will look at what circumstances you may wish to seek permission.
  10. Speaking Note: These are just some examples, as we know situations at different TAFEs can be quite unique. For example, a TAFE may just want permission to extend to use in the classroom at one particular TAFE institute.
  11. Speaking Note: Website Terms and Conditions: Sometimes material can appear to be licensed under CC, but the terms and conditions are inconsistent. Contact NCU and we can clarify. Getty images or similar: If you are going to use images under a licence from Getty, Adobe or similar, you should ensure you obtain permission for there to be subsequent reproduction of these images by TAFEs. Requesting content to be licensed under a CC Licence: TAFE Resource Developers can request that a copyright owner consider licensing their materials under a Creative Commons Licence. This way, those materials can be used by the Resource Developer(s) and shared freely.
  12. Speaking notes: Many TAFEs may already have permission to use other people’s materials in their resources. It is worth checking with your TAFE institute first to see if there is a list of these materials that may be available to you. It is important that this permission covers the scope of how a TAFE wants to use the materials in the future.
  13. Speaking Notes: Ideally rely on the Smartcopying Tips 2 licences set out in copyright act, each dealing with specific types of works. All TAFE jurisdictions have opted out of the SBL (except TAFEs in WA).
  14. Speaking Note: Depending on the type of text and artistic works you wish to use, or how you want to share these materials, sometimes it will be preferable to seek permission to use materials rather than rely on the licence. It is important to attribute any third party materials you use, we will be speaking about this later in the presentation. We’ll talk more about this later.
  15. Speaking Note: Just a note about copying images from the internet (so maybe you do a general google search). These might appear to be free but they aren’t and are still paid for. The TAFE sector currently pays nearly $3 million each year for this licence. Point 3: Sometimes you might have a specific licence with a company like Getty images. This might allow you to copy images initially, but may not extend to copying by TAFE teacher in the classroom. Smartcopying Tip - It is best to use CC licensed images in place of images copied generally from the internet, or images used under a licence from Getty or similar platform. CC images are free to use, share and adapt in accordance with the licence conditions. When searching for CC licensed images to use in curriculum resources, a good idea is to maintain an ‘image bank’ or folder of high quality photos, pictures and/or diagrams licensed under CC and relevant to a particular topic. This way, you and other resource developers can easily access these in the future. Remember to attribute any CC licensed images you use.
  16. Speaking Note: If no attendees from TAFE WA, we can skip this slide. Check with audience to see if anyone is from WA.
  17. Speaking Note: TAFEs can then share these resources that contain music in different ways: uploading to the TAFE website, password protected intranet or password protected DTE emailing or providing a physical copy to students uploading the recording to an educational app being used for TAFE communications (for example, via SkillsLocker).
  18. Speaking Note: Flexible Dealing only applies in limited circumstances, and we will talk about these in a moment. Resource Developers may also rely on the Disability Access Exceptions and the Exam Copying Exception to copy all kinds of materials to use in their TAFE Resources (eg text, images, video, music). We have more information on both of these on our website.
  19. Speaking Note: If curriculum developers want to use materials in ways that don’t fall under the statutory licences or TAFE Music Licence, in limited circumstances they may be able to rely on the flexible dealing exception. The most common example is copying extracts of audio-visual material eg YouTube videos to use in a learning resource. Where possible, it is better to link to materials on YouTube. Note, the exception is very limited in its application so you should contact NCU first to discuss your proposed use. 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. If you can buy the material in the format you need within a reasonable time, or obtain a licence for your proposed use on reasonable terms, then you must do so. Contact us first to discuss. Whether it applies will be considered on a case by case basis.
  20. Speaking note: We recommend you contact NCU or local copyright manager first, to discuss your proposed use. Tricky area – contracts with distributors restrict TAFEs rights to copy extracts under the licence
  21. Speaking Note: Occasionally, TAFE institutes may choose to make resources available on public websites/social media platforms, which anyone, anywhere in the world can access. You can only publicly share the following: Your own material Created by others and licensed under CC Created by others with permission to use this publicly. If you are only using an insubstantial amount of material this may also be permissible, but you should contact NCU to discuss first.
  22. Speaking Note: TAFEs can contact the NCU for more information on how to licence their materials under a CC Licence.
  23. Speaking Note: If TAFEs have relied on the Statutory Licences when creating resources they want to sell, they should strip those materials out before they provide the resource to another entity. If a TAFE still wants to include those materials in the resource it wishes to sell (and does not want to strip these out, or obtain permission to use these), then it should contact NCU first to discuss. TAFEs are risking copyright infringement or the authorisation of copyright infringement if they do not strip these materials out. The way to minimise this risk is for TAFEs should remove any materials copied under the licence, prior to any commercialising of the resource.
  24. Speaking Notes: Attribution is one of the most important parts of managing your copyright obligations. It ensures that when resource developers are using their own materials (ie owned by the TAFE) or materials used with permission or under a licence, these are not inadvertently captured in copyright surveys and paid for under the Statutory Licence. It also ensures that it is clear how materials are being used, and who they are owned by.
  25. Speaking note: re 1 - if pages of materials are downloaded out of a larger resource, it means these resources can still be clearly identified. For example for text resources, you can put an attribution in the footer of each page.
  26. Speaking notes: Depends on type of material and how it has been used. Include as much of these details as possible then how eg Copied under s 113P or used with permission. When labelling your own materials, remember to label third party content We have given examples of these on our labelling and attribution info sheet.
  27. Speaking Note: These are example copyright notices you could include in a footer at the bottom of resources created by you or your TAFE administering body. These examples are when you have licensed your materials under a CC Licence. Material that has been created by you, your TAFE or an educational body should be clearly labelled in order to avoid the possibility of the sector having to pay under the statutory licences to use the content. We also have examples of Copyright Statements which can be included on your resources on the Smartcopying website.
  28. Speaking Note: This is an example notice for when you are using third party content within your resources. You must ensure that any third party content that is not owned by the TAFE/TAFE Administering body is identified as such. In this example, we’ve listed all the third party materials under the Copyright notice at the beginning of the resource, but you could also label any third party content where its spears in the resource (eg directly underneath).
  29. Speaking Note: In this slide we’ve provided a recap on the points to remember when creating learning resources. We’ve used creating a TAFE learning video as an example to illustrate this process.