Copyright for Educators - Environmental and Zoo Education Centres

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
22 November 2021
Copyright for Educators –
Environmental and Zoo
Education Centres
Alison Davis

22 November 2021
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

22 November 2021
Smartcopying website
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• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions

www.smartcopying.edu.au 4

22 November 2021
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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22 November 2021
Outline
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1. Copyright Basics
2. Statutory Licences
3. Music Licences
4. Education Exceptions
5. Remote Learning
6. Seeking Permission and Consents
7. Open Education Resources and Creative
Commons
8. FAQs
9. Smartcopying Tips

7
22 November 2021
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

22 November 2021
A copyright owner’s rights
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A copyright owner has the exclusive right to:
1. copy
2. perform
3. communicate to the public
the copyright material.
"Copyright graffiti" by opensourceway is licensed
under CC BY-SA 2.0

22 November 2021
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
● reading a book 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/

22 November 2021
When can an EZEC upload
existing resources to a
password protected intranet?
10
An EZEC can upload existing resources to a password protected intranet if:
the Department owns
the copyright
the resource is CC
licensed
the EZEC has express
permission from the
copyright owner
the statutory licences,
music licences or
educational use copyright
exceptions apply

22 November 2021
When can an EZEC upload
content to a public website?
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An EZEC can generally only make content publicly available if:
the Department owns the
copyright
the resource is
licensed under
Creative Commons
it has express permission from
the copyright owner

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22 November 2021
Statutory Licences

22 November 2021
• Enables schools to copy and communicate text and
artistic works for educational purposes, provided the
amount copied does not ‘unreasonably prejudice the
legitimate interests of the copyright owner’.
• Schools cannot rely on this licence to upload content
to a public website (must be password protected).
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/

22 November 2021
How much of a work can I
copy and communicate?
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Teachers can copy and communicate text works as long as the amount copied or communicated
“does not unreasonably prejudice the legitimate interests” of the copyright owner.
• Not a ‘one size fits all’ approach.
• Flexibility – you can copy and communicate the amount you need, where to do so would cause
no harm to the copyright owner.
• The ‘10% or one chapter rule’ is still a useful guide in making this assessment for many text
resources that are still commercially available.
Teachers can copy and communicate whole artistic works under the Statutory Text and Artistic
Works Licence.

22 November 2021
Smartcopying tips
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• Link or embed content instead of downloading or communicating –
linking and embedding are not copyright activities.
• Limit access to the minimum required number of students and
staff.
• Delete or archive (ie disable access) to the material once it is no
longer needed.

22 November 2021
Labelling and attribution
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You should always attribute any material you copy and communicate with as much of the
following as possible:
1. the basis on which material was copied (eg “Copied under s 113P of the Copyright
Act”)
2. name of the author
3. title
4. publisher
5. edition or date of publication
6. ISBN or ISSN
7. URL.
For example: Copied under s 113P of the Copyright Act [insert author, title, publisher,
edition or date of publication, ISBN/ISSN or URL]

22 November 2021
Notice requirements
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Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Author, Title, Date]
[Link to warning notice]
Warning
This material has been copied [and communicated to you] in accordance with
the statutory licence in section 113P of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of
copyright protection under the Act. Do not remove this notice.
https://smartcopying.edu.au/guidelines/education-licences/section-113p-notice/

22 November 2021
What if my intended use is not
covered?
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You may be able to:
• obtain permission from the copyright owner
• use the material in a different way (eg link to it or create your own content inspired
by the original material)
• rely on one of the education exceptions discussed later in this PowerPoint.

22 November 2021
Statutory Broadcast Licence
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Covers the copying and communication of:
• TV and radio broadcasts
• scheduled broadcast content on subscription TV (eg Foxtel)
• TV/radio from a broadcaster’s website if it has been
broadcast on free-to-air.
Schools obtain copies of TV or radio broadcasts from resource centres (eg ClickView or
TV4Education) or by copying the broadcasts themselves.
• Resource centres copy broadcasts 24/7 for schools. Schools access these copy
broadcasts through subscriptions to resource centres.
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/

22 November 2021
Notice requirements
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Where practicable, it is best practice to include the following notice on material
copied/communicated under the statutory licence:
A practical way of including this notice is to insert a link to the notice from the attribution information:
Copied/communicated under the statutory licence in s 113P of the
Copyright Act
[Program title, Channel, Date copied]
[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/

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22 November 2021
Music Licences

22 November 2021
School music licences
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There are three music licences that cover different activities with music for a school
purpose:
• AMCOS Licence: copying and communicating sheet music
• APRA Licence: performing music
• School Event Licence: copying and communicating sound and/or video recordings
of music.
The School Event Licence will be most relevant for EZECs.
https://smartcopying.edu.au/music-copyright-guide-for-schools/

22 November 2021
School Event Licence
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EZEC can rely on the School Event Licence to make sound recordings:
• to play in class for educational purposes
• to include in an electronic presentation or video.
It can then:
• upload the presentation/video to the school website, password protected intranet or password protected
DTE
• email and/or message the presentation/video to students and parents (the school community).
Note, the school cannot upload this to social media.

22 November 2021
School Event Licence
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Labelling a recording
You must label the recording in the following way:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
You must also display the following details of each musical work captured in the recording:
• the title
• the composer/arranger
• the artist and recording company (if you are using a backing track).

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22 November 2021
Education Exceptions

22 November 2021
Performing and
communicating copyright
material in class (s 28)
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• Section 28 allows schools to perform and communicate material 'in class'
(includes remote students) for the purposes of educational instruction
• A free exception – no fees are paid.
• Includes any type of material.
• Must be restricted to staff and students who need material.
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/

22 November 2021
Flexible dealing (s 200AB)
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• Schools commonly rely on this exception to copy audio-visual content (eg
YouTube videos).
• Section 200AB is a flexible exception that can be used by schools when no
other exception or licence applies.
• You must assess your proposed use on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.
https://smartcopying.edu.au/flexible-dealing/

22 November 2021
Flexible dealing guidelines
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Flexible dealing only applies if:
1. You cannot rely on any other licence or exception
2. You need the material for educational instruction
• 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.

22 November 2021
Flexible dealing guidelines
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If you meet those three criteria, you may be able to rely on the flexible dealing exception provided you:
• ensure no further copies or downloads can be made
• limit access to the students/classes that need it for the specific instructional purpose
• 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.
You must not make a profit from anything you use under flexible dealing. Cost recovery is okay.

22 November 2021
Smartcopying Tip
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Link or stream instead of downloading video content
under the flexible dealing exception
• link to or embed content – linking and embedding are
not copyright activities as you are not copying the
content. You are merely providing a pathway to where
they are on another website.
• directly stream content in class.
"File:External-link (CoreUI Icons
v1.0.0).svg" by CoreUI is licensed under CC BY 4.0

22 November 2021
31
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

22 November 2021
Disability access exceptions
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The Copyright Act contains two free disability copying exceptions:
1. use of copyright material by organisations assisting persons with a disability
(‘organisational disability exception’) and
2. fair dealing for the purpose of assisting persons with a disability (‘fair dealing
for disability exception’).

22 November 2021
Which disability exception
applies?
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Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an
entire copyright work, it’s recommended
that you use the organisational disability
exception provided the material is not
commercially available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.

22 November 2021
Notice requirements
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Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] of the Copyright Act. Any further
reproduction or communication of this material by you may be the
subject of copyright protection under the Act. Do not remove this
notice.

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22 November 2021
Remote Learning

22 November 2021
https://smartcopying.edu.au/remote-and-digital-learning-day-to-day-teaching-and-learning/
‘Day to day’ remote and digital
teaching and learning
• Schools are not clearly permitted to use digital technologies to provide remote
teaching and learning support to Australian students in all circumstances.
• There are steps you can take to reduce the risk of an EZEC infringing copyright.
• However, the risk of copyright infringement through digital uses during normal
teaching periods is higher than it is during ‘lockdown’.
• For more information, see our Remote and Digital Learning information sheet.

22 November 2021
Remote learning
To minimise the risk when teaching remotely, schools should:
1. use Creative Commons material where possible
2. only use copyright material where it is for educational purposes or instruction
3. only use a small amount of copyright material (ie extracts) not the whole of a work, video or song etc
4. ensure the lesson or any recording is only made available to those students who need it as part of
their studies (eg via a username and password in a closed environment not on an open internet page)
5. instruct students, where possible, to only watch the lesson or recording when physically located in
their homes, not in a community space or their parent’s workplace
6. make the lesson or recording “view only”, so that no further copies can be made or downloaded
7. only make recordings available for the period of time for which they are needed
8. archive or disable access once the materials are no longer needed (eg when normal teaching
resumes).

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22 November 2021
Seeking Permission
and Consents

22 November 2021
Seeking permission and consents
Seeking permission Consent from students
Schools only need to seek the copyright owner’s permission
when:
• they are not able to rely on a statutory or voluntary
licence or educational use exception to use material in
the way they intend (eg if uploading resource to a
public school website)
• the material is not licensed under Creative Commons.
To seek permission, you will need to:
• figure out who the copyright owner is
• write/email them to seek permission.
Consent is required from a student (or their guardian) if a
school is using material created by students and/or using
photos or videos of students internally (eg on a password
protected DTE or classroom) or externally (eg on the school
website or social media platforms like Facebook or
YouTube):
• in class activities
• in documents, newsletters, displays, journals,
professional development materials used internally or
externally
• as part of marketing materials for the school (eg an
information booklet, poster or on the school website).
For information about when permission is required and sample permission requests, see
https://smartcopying.edu.au/guidelines/permissions-and-consents/.
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22 November 2021
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

22 November 2021
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
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22 November 2021
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

22 November 2021
CC licence elements
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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

22 November 2021
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.

22 November 2021
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.

22 November 2021
The best place to start is CC Search:
https://ccsearch.creativecommons.org/
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-the-creative-commons-search-portal/
Best way to find CC materials
46
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

22 November 2021
Other places to find CC
material
47
• 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

22 November 2021
Applying a CC licence to your
learning resources
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• Schools are encouraged to use CC licensed resources as well as
licence learning resources they create under CC, where possible.
• This is because teachers can do more with CC licensed material and it
is free to access, use, modify and share.
• For more information on how to do this, see
https://smartcopying.edu.au/applying-a-creative-commons-licence/.

22 November 2021
Adding a CC licence to
learning resources
49
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/.

22 November 2021
Third party content
50
• 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.
• Learning resources that include third party content cannot go on a public website.
Must be password protected.
https://smartcopying.edu.au/how-to-label-third-party-content-in-creative-commons-licensed-material/

22 November 2021
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https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

22 November 2021
Attributing CC material
52
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

22 November 2021
Where should I place the
attribution?
53
• Text resources (eg books, worksheets, PowerPoint slides etc): next to CC work or
as the footer of the page on which the CC work appears.
• Video works: near the work as it appears on screen during the video.
• Sound recordings (eg podcasts): mention the name of the artist during the
recording (like a radio announcement) and provide full attribution details in text
near the podcast where it is being stored (eg blog, school intranet, learning
management system etc).
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/

22 November 2021
Attribution of school owned
material
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• Material that has been created by your school or administering body should be
clearly labelled as such in order to avoid paying fees under the statutory licence to
use the material.
• Recommended attribution for CC licensed material is:
© [State (Department of Education) eg State of New South Wales (Department
of Education)] [school name], 2020. 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/.
https://smartcopying.edu.au/labelling-and-attributing/

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22 November 2021
FAQs

22 November 2021
FAQs
56
1. Can I read books to students visiting on excursions?
2. Can I play a Spotify track when I present to students at an
incursion?
3. Can I create resources that include images and links to video and
other websites, and upload these resources to a password
protected website? What about a public website?

22 November 2021
FAQs
57
4. Can I create video content and upload it to a public website?
5. Can I create and deliver a presentation that includes photos,
video, music and links to websites to students at an
incursion?
6. How about in order to teach students remotely (eg using
Zoom)?
7. Can I read a book to students via Zoom?

58
22 November 2021
Smartcopying Tips

22 November 2021
Creating learning resources that include
third party text and artistic works
59
https://smartcopying.edu.au/flowcharts/

22 November 2021
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
60

22 November 2021
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.
61

22 November 2021
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 school created content.
• Attribution should include details such as:
o the copyright owner (eg the publisher) and/or author
o title and publication information if available (eg edition, ISBN)
o where the material was sourced from (eg URL if online).
Price Tag by pngimg.com is licensed
under CC BY-NC. Modifications:
recoloured.
62

22 November 2021
Smartcopying tips
Limit – ensure access to material is
limited to the relevant staff/students only
• 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. Login Computer Internet Password Security by Max Pixel is
licensed under Creative Commons Zero - CC0.
Modifications: recoloured.
63

22 November 2021
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
64

22 November 2021
More information
65
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - Environmental and Zoo Education Centres

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