Copyright for Educators - TAFE NSW May 52022

Copyright for
Educators
TAFE NSW – 5 May 2022
Alison Davis
National Copyright Unit
www.smartcopying.edu.au
1

Copyright for Educators
5 May 2022
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

5 May 2022
Smartcopying website
3
● 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

5 May 2022
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 May 2022
Outline
5
1. Statutory Text and Artistic Works Licence
2. Education Exceptions
3. TAFE Music Licence
4. Commercial activities, seeking permission
5. Open Educational Resources and Creative Commons
6. Smartcopying Tips

5 May 2022
Different types of material
6
What type of work do
you want to use?
Music
TV
programs
Films and
Videos
Artistic
Works
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/

5 May 2022
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
7
Can I use it?
TAFE
Music
Licence

8
5 May 2022
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-
statutory-text-and-artistic-works-licence/

5 May 2022
Statutory Text and Artistic
Works Licence
9
The Statutory Text and Artistic Works Licence covers:
• text works - books, newspapers, journal articles, song lyrics, plays, poems, maps,
websites
• artistic works - paintings, diagrams, photographs, animations
in both hardcopy and electronic form.
TAFE institutes may copy and communicate text and artistic works in both hardcopy and
electronic form for educational purposes, provided the amount copied does not
unreasonably prejudice the legitimate interests of the copyright owner.

5 May 2022
What is a copy?
10
Making a copy includes:
• photocopying
• scanning
• printing
• taking a photograph
• taking a digital photo/screenshot
• downloading works from a webpage or cloud storage drive
• saving a copy to a digital teaching environment (DTE),
personal computer, USB drive or personal cloud storage
service.
Printer being used by person with paper and
hand illustration by Brother UK is licensed
under CC BY 2.0

5 May 2022
What is a communication?
11
A communication includes:
• uploading material to a digital space for student access and use via password
protected access such as:
○ a share drive/intranet (eg Microsoft 365)
○ learning management systems (eg Moodle, Blackboard, Brightspace or
Equella)
○ to a closed class area on an education platform (eg Edmodo, Verso or Google
Classroom)
• emailing.

5 May 2022
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.

5 May 2022
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.

5 May 2022
What is not covered?
14
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).

15
5 May 2022
Education Exceptions

5 May 2022
Section 28 - Performing and communicating
copyright material in class
16
• 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.

5 May 2022
Section 28 uses
17
• Reading aloud a story, news article, journal, handbook or other literary work.
• 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 sound recordings in any format (eg CD, DVD, cassettes, digital music from
Apple Music, Google Play)
• Displaying content from a live website on an interactive whiteboard
• Staging a performance of a play.

5 May 2022
What is not covered?
18
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

5 May 2022
Section 200AB – Flexible dealing
19
• TAFEs commonly rely on this exception to copy audio (eg Apple
music) 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.

5 May 2022
Flexible dealing guidelines
20
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:
o teaching
o preparing to teach
o compiling resources for student homework or research
o 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.

5 May 2022
Flexible dealing guidelines
21
If you meet those criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made - if you are uploading content to the
TAFE DTE, make sure it is view only
• limit access to the students/classes that need it for the specific instructional purpose -
if you are uploading a film to the DTE for a Journalism class, only make it available to the
students in that class
• only use the amount of material that you need - if you only need to show students an
extract of a film, you won’t be able to rely on the flexible dealing exception to copy the
entire film
• only make the material available for the time needed for the course of study - if
students need to access an excerpt of a documentary on the DTE for a course on digital
media and technology, archive or disable access by students to the documentary once it is
no longer needed by the students.
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.

5 May 2022
Common activities
22
Some examples of uses that may be permitted under the flexible dealing exception include:
• Format shifting audio-visual 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.

5 May 2022
Exam copying exception
23
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
TAFEs are allowed to copy and communicate copyright material for use
in online and hardcopy exams.
• covers all types of copyright material - images, text, music, films,
videos, etc.
• actual exams and assessments
• may cover ‘practice’ exams and assessments – must be considered
on a case-by-case basis.

5 May 2022
Disability access exceptions
24
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’).

5 May 2022
Disability access exceptions
25
Under these exceptions, teachers can:
• create a digital version of a hardcopy book and make any necessary
adjustments, such as the font size or colour, to assist students with
difficulties
• provide captions, audio-descriptions or subtitles to audio visual material
(eg YouTube, films, etc) for hearing impaired students
• create audiobooks for students with vision impairment.

5 May 2022
Which disability exception
applies?
26
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.

27
5 May 2022
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-
tafes/

5 May 2022
How can I use music in TAFE?
28
In the Classroom (Copyright Exceptions) Outside the Classroom
Section 28 (to play/perform music and sound
recordings in the classroom)
TAFE NSW can rely on the TAFE Music Licence.
Fair dealing (to copy or communicate music
and sound recordings for a teacher or
student’s own research or study)
Flexible dealing (applies in limited
circumstances if no other exception applies
and it is for educational instruction)

5 May 2022
Using music outside the TAFE
classroom
29
TAFE NSW can rely on the TAFE Music Licence to:
• perform/play live music at a TAFE event (eg a TAFE band playing live at a TAFE Open Day)
• play a sound recording at a TAFE event (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 is played.
tafes/

5 May 2022
classroom
30
tafes/
TAFEs in NSW can:
• make a sound recording to play at a TAFE event (eg copy popular songs from a music
streaming service to play at a TAFE graduation ceremony)
• record TAFE events that include the performance of a musical work live or a sound
recording
• incorporate a sound recording into another work (eg add music to a PowerPoint
presentation)
• live stream a TAFE event from a social media platform (eg Facebook and YouTube) (but
note this may be blocked or the TAFE may be issued with a take down notice).
Contact David Hinchliff at david.hinchliff1@tafensw.edu.au for any specific TAFE NSW music
queries.

5 May 2022
classroom
31
TAFEs in NSW 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).
tafes/

32
5 May 2022
Commercial Activities
and Seeking Permission

5 May 2022
Commercial activities
33
1. Can TAFEs sell materials created under the statutory licence?
A TAFE is permitted to rely on the Statutory Licence, provided the materials copied under the Statutory Licence are
provided at no more than cost (ie the sale price only covers the physical production of the materials and/or other
direct costs, and does not include a profit margin).
2. Can TAFEs rely on the statutory licence to copy materials, which are provided at cost, when delivering a
professional development course for a commercial client?
A TAFE is permitted to rely on the Statutory Licence, provided the materials copied under the Statutory Licence are
provided at no more than cost (ie the sale price only covers the physical production of the materials and/or other
direct costs, and does not include a profit margin).
3. Can TAFEs rely on the statutory licence in preparing course materials for ‘hobby courses’ and non-
accredited courses?
Yes, as long as the courses are provided as part of the TAFE institute’s educational purposes and the materials are
provided at no more than cost.

5 May 2022
Seeking permission
34
TAFE institutes only need to seek permission from the copyright owner when:
• they are not able to rely on a statutory or TAFE Music Licence or educational use exception to
use material in the way they intend (eg if uploading resource to a public TAFE website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
i. figure out who the copyright owner is
ii. contact them to seek permission.
For information about when permission is required and sample permission requests, see:
https://smartcopying.edu.au/guidelines/permissions-and-consents/permissions/.

35
5 May 2022
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

5 May 2022
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
36

5 May 2022
www.smartcopying.edu.au 37
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons (CC)?
Creative Commons (CC) is an internationally active non-profit organisation that
provides 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

5 May 2022
CC licence elements
38
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

5 May 2022
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.

5 May 2022
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.

5 May 2022
Using CC licensed resources
41
• 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.

5 May 2022
To search for images, a great place
to start is Openverse:
https://wordpress.org/openverse
You can also search for CC licensed materials
on Google, YouTube and Flickr.
Best way to find CC materials
42
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY
2.0
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/

5 May 2022
openverse

5 May 2022
YouTube – Filter for CC
videos
44
To find CC licensed YouTube
clips, after you do a search:
● click on the filters option and
● under ‘Features’ select
Creative Commons.

5 May 2022
YouTube – Filter for CC
videos
45

5 May 2022
Attributing CC material
46
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/

5 May 2022
Adding a CC licence to
learning resources
47
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/

48
5 May 2022
Recap: How can I use
material?

5 May 2022
Copy and
communicat
e
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
commerciall
y available
Flexible
Dealing
Exception
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works

5 May 2022
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
Exception
s
Use in an
exam
Exam
copying
exception
Copy and
communica
te if not
commercial
ly available
Flexible
Dealing

5 May 2022
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/

Smartcopying Tips
52

5 May 2022
Smartcopying tips
53
Where possible, create your own content.
• 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.
The Light Bulb Fragment, Day 208
of 365 by DieselDemon is licensed
under a CC BY 2.0.
https://smartcopying.edu.au/creative-commons/

5 May 2022
Smartcopying tips
Use Creative Commons (CC) licensed content
and consider licensing your resources under CC.
• Material whose owner has given permission for the
material to be used for educational purposes, for free.
• Depending on the licence, it can also be modified and
shared by teachers and students.
Creative Commons - cc stickers by Kristina
Alexanderson is licensed under CC BY 2.0
54

5 May 2022
Smartcopying tips
Link – link or embed material
whenever possible.
Providing a link is not a copyright activity. You
are not copying the content, just providing a
reference to its location elsewhere.
"Netzwerke" is licensed with CC0 1.0.
Modifications: recoloured.
55

5 May 2022
Smartcopying tips
Label – always attribute the source.
• 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 TAFE created
content
• It is also important to label material where you have permission to
use it
• Attribution should include details of:
o the copyright owner and/or author
o where the material was sourced from
o when it was sourced.
Price Tag by pngimg.com is
licensed under CC BY-NC.
Modifications: recoloured.
56

5 May 2022
Smartcopying tips
Limit – ensure access to material is limited
to the relevant staff/students only
• Once material is communicated to an entire TAFE
institute, the risk of copyright infringement increases.
• Limiting access is important for cost and risk
management.
57
This Photo by Unknown Author is licensed under CC
BY-SA. Modifications: recoloured image.

5 May 2022
Smartcopying tips
Clear out material that is no
longer required
Clearing out material as soon as possible
when it is no longer required is one practical
way of managing copyright risk and costs.
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
58

5 May 2022
Tips for encouraging copyright
compliance
59
TAFEs can do the following to ensure student and staff compliance with copyright obligations:
• Encourage the use of the Smartcopying website and contact NCU with any copyright questions.
• NCU leads a ‘Copyright 4 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 TAFE staff can use third party
material in their learning resources.

5 May 2022
Creating learning resources that include third
party text and artistic works
60
https://smartcopying.edu.au/flowcharts/

5 May 2022
Copyright 4 Educators online
course
61
• Free online course for educators who want to learn about copyright, statutory
licences, educational exceptions and open educational resources.
• 7 week course. Three courses are running in 2022.
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-educators-
course.

More Information
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - TAFE NSW May 52022

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