2. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
2
3. Copyright for Educators
4 August 2022
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
5. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
5
6. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
6
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Statutory Broadcast Licence
4. Music and Co-curricular Licences
5. Education Exceptions
6. Remote Learning
7. Seeking Permission and Consents
8. Open Education Resources and Creative
Commons
9. Workshop
10.Smartcopying Tips
8. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
Artistic Literary Musical Dramatic
● paintings
● illustrations
● sculptures
● graphics
● cartoons
● photographs
● drawings
● maps
● diagrams
● buildings
● models of buildings
● online images
● novels
● textbooks
● newspaper and
magazine articles
● short stories
● journals
● poems
● song lyrics
● instruction manuals
● computer software
● websites
● e-books
● melodies
● sheet music
● pop songs
● advertising jingles
● film score
● plays
● screenplays
● mime
● choreography
8
9. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What does copyright protect?
Films Sound Recordings Broadcasts
● films
● video recordings
● DVDs
● television programs
● advertisements
● music videos
● online films and videos (eg
YouTube, Vimeo, Apple TV,
Google Play, Netflix, Stan,
etc)
● digital recordings (eg
MP3/MP4)
● Vinyl
● CD
● DVD
● audio cassette tapes
● digital music (eg Spotify,
Sound Cloud, Apple Music,
etc)
● radio
● television
9
10. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
10
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
11. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Copying Activities Performance Activities Communication
Activities
● scanning
● downloading
● printing
● saving to another device
– USB, hard drive,
mobile phone, tablet
● photocopying
● taking a digital
photo/screenshot
● playing films and music
● singing songs
● playing instruments
● acting out a play
● reading a book or
reciting a poem to a
class
● display or project on an
interactive whiteboard
● uploading to a digital
teaching environment
(DTE) or share drive
● emailing to students
11
https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/
12. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Copyright basics FAQs
12
1. Copyright gives the copyright owner the right to
exclusively do three activities. What are these?
2. Is playing a film to an audience a copyright activity?
3. Is displaying material on an interactive whiteboard a
copyright activity?
13. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
13
Can I use it?
Schools
Music
Licence
15. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
4 August 2022
Statutory Text and Artistic
Works Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/
15
16. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 16
• Schools may copy and communicate text and
artistic works for educational purposes,
provided the amount copied does not
‘unreasonably prejudice the legitimate
interests of the copyright owner’.
• Administering bodies can also rely on this
licence when creating teaching and learning
resources for schools.
Statutory Text and Artistic
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.
17. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
17
This licence covers:
• text works – books, newspapers, journal articles, song lyrics, plays,
poems, websites
• artistic works – paintings, maps, diagrams, photographs, animations
in both hardcopy and electronic form.
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
18. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is a copy?
18
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 another device (eg USB, hard drive,
mobile phone, tablet).
Printer being used by person with paper and
hand illustration by Brother UK is licensed
under CC BY 2.0
19. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is a communication?
19
A communication includes:
• uploading material to a password protected DTE for student access, such as:
o a share drive/intranet (eg Microsoft 365)
o learning management systems (eg Moodle, Blackboard, Brightspace or Equella)
o to a closed class area on an education platform (eg Edmodo, Verso or Google
Classroom)
• emailing.
20. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
How much of a text work can I
copy and communicate?
20
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.
21. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
21
Schools may be able to copy and communicate more of a text work (eg the whole
work) if:
• it is not commercially available within a reasonable time (eg 6 months for a
textbook, 30 days for other material) at an ordinary commercial price
• the use isn’t replacing a sale (eg all students in the class have already
purchased a copy) or
• it is made freely available on the internet without any expectation of payment.
22. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
How much of an artistic work can I
copy and communicate?
22
Teachers can copy and communicate whole
artistic works under the Statutory Text and
Artistic Works Licence.
"Geometrie Polygone Quadrate Dreiecke" is
marked with CC0 1.0
23. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What can schools do under
the Statutory Text and Artistic
Works Licence?
23
Under the Statutory Text and Artistic Works Licence, schools can:
• download a student worksheet from the internet
• copy images to use in a PowerPoint
• photocopy a poem/textbook chapter to hand out in class
• download maps from a website to hand out to students
• copy a chapter of a textbook and upload it to a DTE for students to access
• email a worksheet and PowerPoint to students.
24. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
24
• 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.
25. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
25
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]
26. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
26
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/
27. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
27
Educational use of images from the internet are not free and are paid for under the Statutory Text
and Artistic Works Licence.
Currently, the School sector pays nearly $58 million each year for this licence. Of this $58 million, it’s
estimated that over $6 million is from the use of images from the internet.
Some recent examples:
• ‘Fearful Face emoji’ on dictionary.com
• photographs from Wikipedia pages
• photographs from Pinterest
• a photo of the NRL grand final teams
• a photograph of a bowl of chicken soup
• a Google Images search result for Gozleme.
28. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Which images from the
internet attract a fee?
28
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).
29. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered by the
Statutory Text and Artistic Works
Licence?
29
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).
30. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is not
covered?
30
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.
31. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence FAQs
31
1. Can I create a digital copy of a textbook by scanning the entire book and
uploading it to my school’s DTE if the book is commercially available in a
digital format?
2. Can I download a worksheet from the internet and use this resource in my
classroom?
3. Can a teacher scan an article from a journal to use in their Science teaching
resource?
4. Can I copy an image from Google Images into a PowerPoint presentation to
show my class?
33. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
33
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/
34. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Using the copy broadcast
34
• The copy broadcast can be in any format (eg DVD, MP4) and you can format shift it as
needed.
• You can use the copy broadcast in the following ways:
o play it in class
o make additional copies as needed (eg download it if the resource centre offers this
option, or copy it to a USB for students)
o communicate the copy broadcast (eg upload a copy to a password protected DTE
or email it).
• No limit to how much you can copy or communicate.
35. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
35
The Statutory Broadcast Licence does not cover:
• online programs from subscription TV/Radio broadcasters
• on-demand content from subscription TV that has not been previously broadcast
(Foxtel On Demand or Kayo Sports)
• television programs from streaming services (Netflix, Stan)
• purchased television programs from Apple TV, Google Play, online or retail stores
• films or DVDs which are bought or rented by the school
• online videos (YouTube, Vimeo, TeachersTube, Edmodo, Khan Academy)
• online games (ABC for Kids).
36. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
36
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/
37. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Broadcast Licence
FAQs
37
1. Can I download a TV show from ClickView and then upload this
to my school’s DTE?
2. Can I make a TV program that I recorded from Foxtel On
Demand available for students to access on a DTE?
3. Can I copy a TV program from ClickView even if it is available to
buy from Google Play?
40. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
How can schools use music?
40
The Schools Music Licence allows schools to use music for a school purpose in a range of ways .
Schools can:
• copy and communicate sheet music (photocopy sheet music for the school orchestra; upload sheet music to a
password protected DTE for teaching purposes in the classroom)
• perform music (a school band performing at an end of year assembly)
• copy and communicate sound and/or video recordings of music (make a copy of a song to play at a school
dance performance; record a school choir performance and share this to the school website or Facebook
page).
All government and most Catholic and independent schools are covered by the this licence. To check whether your school is
covered, contact your local copyright manager.
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
41. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is a school purpose?
41
A school purpose is anything which the school undertakes as part of its usual activities,
provided it is non-commercial. For example:
• providing educational and religious services for its staff, students and members of the school
community as part of normal school activities
• engaging with members of the school community
• promoting students’ work
• school events.
Note: private music tuition is not a school purpose.
42. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is a school event?
42
School event means an event organised or authorised by the school.
This includes events or functions held at the school or connected with the school but held at a
different venue.
Examples of school events:
• concerts
• presentation nights
• drama or music performances
• assemblies
• sports days or school fêtes.
43. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Copying and communicating
sheet music
43
Schools can make as many copies of print or digital sheet music as are reasonably required for
the school purpose.
The Schools Music Licence covers:
• photocopying hardcopy sheet music
• making digital copies of print sheet music (eg scan to digital format)
• printing copies of digital sheet music
• emailing PDF versions of digital sheet music
• uploading copies of sheet music to a password protected or restricted access DTE.
https://smartcopying.edu.au/guidelines/music/
44. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Copying and communicating
sheet music
44
Schools should mark hardcopy and digital copies of sheet music they make with the words
“AMCOS LICENSED COPY” and the following information:
• name of the school
• date copied
• the name of the owner of the original sheet music that was copied (eg if the school
bought the original, the school, or if it was a teacher, the teacher).
45. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Limits on copies of sheet
music
45
Under the Schools Music Licence schools:
• can only copy up to three songs from a Grand Right Work (eg words or music that has been
written expressly for an opera, musical play etc)
• can only copy a long choral work (longer than 20 minutes) where the public performance of
the choral work is validly licensed (eg the school has obtained a licence to perform the choral
work)
• cannot make copies of sheet music for students’ private music tuition, even if it takes place
on the educational institution’s premises.
• cannot make copies of sheet music where the lyrics have been changed or the music has
been adapted.
46. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Performing musical works live
or playing sound recordings
46
Schools can perform musical works (eg a school band or orchestra performance) and play
sound recordings for a school purpose at the school or a function connected with the school’s
activities.
For example, schools can perform musical works and play sound recordings at:
• school concerts and performance evenings (eg choirs, singing groups, school bands,
orchestra or rock bands)
• music festivals, including music eisteddfods and the NSW Schools Spectacular or equivalent
events in other States and Territories
• school award nights or graduations (eg playing a popular song as a backing track at a
graduation ceremony or a school band performing at an awards night).
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
47. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Admission fees
47
Can we charge admission fees for a school performance (eg concerts)?
Schools can charge admission fees to performances of music as long as the proceeds from the
fees mostly go to the school or a registered charity.
Does not include:
• performances by secondary school students of musical works in a dramatic context where
the performance is advertised/promoted outside the school community.
• events where the school is performing musical works or playing sound recordings for
commercial activities.
48. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Live streaming a school event
48
Schools can live stream their school event in real time from the school website, a social media
platform (eg Facebook Live, YouTube) or a video conferencing platform (eg Zoom).
If using social media, the live stream:
• must be live streamed from the school’s official social media page
• may be blocked or muted.
If you are concerned about a live stream being muted or blocked, contact the NCU.
Alternatively, you may want to consider live streaming on your school website or password
protected DTE.
49. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Recording a school event
49
Schools can make a recording (audio and/or video recording) of a school event at which
musical works are performed and sounds recordings are played.
For example, schools can:
• record a school dance performance using a song as a backing track
• record a school orchestra playing a musical work at an end of year event.
50. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Sharing a recording of a
school event
50
Schools can then:
• upload the recording to the school website
• make a physical copy (eg copy it onto a USB) and distribute it (free or at cost recovery price)
to members of the school community (ie parents/carers/guardians and students)
• upload it the school’s official social media account (note it may be blocked or muted)
• upload it to a password protected area on the school intranet, and make this available to
parents and students
• upload it to an educational app used by the school to communicate with the school
community (eg Schoolbag, Seesaw, but not apps like Snapchat and TikTok).
51. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Incorporating music into
another work
51
Schools can incorporate a sound recording into another, unrelated work, such as a video of a school event
or a PowerPoint presentation.
The school can then:
• upload the recording to the school website, password protected intranet or password protected DTE
• email and/or message the recording to students and parents (the school community)
• upload the recording to an educational app that is being used by the school to communicate with the
school community (ie Schoolbag, Seesaw, Compass and SZapp, but excluding apps like Snapchat and
TikTok).
Note, the school cannot upload this to social media.
52. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling a recording
52
Under the Schools Music Licence, all school event recordings which include music need to
have the following attribution:
‘This recording has been made under a licence from AMCOS and ARIA for school
purposes only’.
53. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Music as a school bell
53
Schools can play music as a school bell:
• For non-government schools: under an
exception in the Copyright Act and the
Schools Music Licence.
• For government schools: under a licence
with PPCA and the Schools Music Licence.
https://smartcopying.edu.au/guidelines/education-licences/schools-
music-licence/
"Belfry" by kai.griesshammer is licensed under CC BY-NC-
ND 2.0
54. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Music in religious services
54
Schools that are covered by the Schools Music Licence can rely on it when using religious music if:
• the music is covered by the Schools Music Licence
• the service or event is for a school purpose
• the music is being used in a way permitted by the Schools Music Licence.
Examples of activities where schools may use religious music:
• students and staff singing hymns during school assemblies, graduation programmes and seasonal
services
• displaying lyrics on a screen during a school assembly or school religious service
• playing musical works and sound recordings in school religious services, even where held at non-school
venues.
https://smartcopying.edu.au/music-in-religious-services/
56. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Co-curricular Licence
56
Optional licence – your school or Department/administering body can choose to take
up the licence.
Permits schools to play films to teachers, students and parents acting in a
supervisory capacity for the following purposes:
• at school for entertainment purposes (eg at lunchtime on a rainy day)
• on bus excursions, where the school provides the DVD
• at school camps and excursions, including outdoor screenings at camp, where the school
provides the DVD
• at after-school care and holiday programs conducted at and by the school.
57. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Co-curricular Licence
57
• Roadshow Films Pty Ltd
• Walt Disney
• Warner Bros
• Paramount
• Universal International Pictures
• 20th Century Fox
• Sony Pictures Entertainment Inc.
• Icon
• eOne
• StudioCanal (previously Hoyts)
• Palace Films
• Rialto Entertainment
• Madman
• Transmission
• Pinnacle
• Sub labels of these (eg MGM, United
Artists, Dreamworks, Buena Vista,
Columbia, Tristar, Hopscotch, Marvel
and Pixar).
Only covers Roadshow studios and distributors including:
58. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
58
The Co-curricular Licence will not apply where the film is played:
• to the general public
• at a fundraising event for the school
• at school and after school holiday programs conducted by a third party
• at an event advertised or promoted to people other than students and staff of the
school
• where advertising or promotion occurs during the playing of a film.
59. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Music and Co-curricular
Licences FAQs
59
1. Can students sing the song ‘Happy’ in an upcoming school performance?
2. Can the primary school band conductor make 40 copies of sheet music of multiple songs from the musical
Shrek?
3. Can I play a song as the school bell?
4. A year 6 class does a dance performance to the track ‘This is Me’ at the end of year concert.
a) Can a teacher record their performance?
b) Can the teacher upload this to their personal Facebook page?
c) Can a copy of the recording be provided to parents of those students?
5. Can a teacher play a film at lunch time on a rainy day?
61. National Copyright Unit
www.smartcopying.edu.au
Copyright for Educators
4 August 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
61
62. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating material in
class (s 28)
62
• Section 28 allows schools to perform and communicate material 'in class'
(includes remote students).
• A free exception – no fees are paid.
• Does not permit copying – the ‘show and tell’ exception.
• Includes any type of material.
• Must be restricted to staff and students who need material.
63. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Section 28 uses
63
• Reading 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 purchased material in any format (eg a film, audiobook, television program or series)
o online television programs from catch up television (eg ABC iView, SBS on Demand, 7plus)
o sound recordings in any format (eg CD, DVD, cassettes, digital music from Apple Music, Google Play).
• Staging a performance of a play.
• Displaying content from a live website on an interactive whiteboard.
64. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
64
Section 28 does not cover communicating or performing a work:
• to the parents of students
• for a fundraising activity
• at a school excursion or camp where there is no teaching involved
• for non-teaching purposes in the school (eg showing a film at lunch on a rainy day,
playing music at school concerts, dances or formals, sports days, fairs, etc).
66. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
66
• Schools commonly rely on this exception to copy audio-visual content (eg
YouTube videos).
• Section 200AB is a flexible exception that allows schools to copy and
communicate content when no other exception or licence applies.
• It only applies in limited circumstances. You must assess your proposed use on
a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.
67. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing guidelines
67
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.
68. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing guidelines
68
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 - if you are uploading content to the
school 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 school DTE for a year nine English 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 the Great Depression, 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.
69. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Common flexible dealing
activities
69
• Copying extracts of videos (eg YouTube) needed for educational instruction.
• Copying an entire video (eg YouTube) for educational instruction when you cannot purchase it.
• Format shifting small extracts of a video when it is needed for educational instruction.
• Format shifting an entire video for educational instruction when you cannot purchase it.
• Preparing an arrangement of a musical work for students to perform in class when you cannot purchase
the arrangement.
• Changing/adapting song lyrics when the changed/adapted lyrics are needed for educational instruction.
• Making translations of works when you cannot purchase the translation and it is needed for educational
instruction.
70. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
YouTube, Apple TV, Google
Play and Netflix
• YouTube, Apple TV, Google Play, Netflix, etc have standard terms and conditions that state content can
only be used for ‘personal, non-commercial’ use.
• You can stream this content in the classroom under section 28. In limited circumstances, you may be
able to make a copy of this content under section 200AB.
• BUT the terms and conditions of these websites may not strictly allow this, so you may be in breach of
contractual terms.
• It is unclear whether contractual terms override exceptions in the Copyright Act.
• Schools can manage risk by only using content under the exceptions in the Copyright Act. Contact the
NCU if you need additional advice.
https://smartcopying.edu.au/guidelines/internet-and-websites/ 70
71. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying Tip
71
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
73. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
73
• Teachers and administering bodies are allowed to copy and communicate
copyright material for use in online and hardcopy exams.
• The exception covers:
o all types of copyright material – images, text, music, films, videos, etc.
o exams and assessments.
• The exception may cover ‘practice’ exams and assessments, needs to be
considered on a case by case basis.
https://smartcopying.edu.au/copying-for-exams-what-am-i-allowed-to-do-2/
75. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
75
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’).
76. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
76
Broad range of disabilities covered - such as difficulty in reading, viewing, hearing or
comprehending copyright material in a particular form.
Includes students:
• with vision or hearing impairments
• who are unable to hold or manipulate books
• with an intellectual disability
• with general learning difficulties such as dyslexia.
Students do not need to be officially diagnosed with a disability to rely on the exceptions.
77. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
77
• Under these exceptions, schools/administering bodies are able to:
o create a digital version of a hardcopy book and make any necessary adjustments,
such as the font size or colour, to assist students with vision impairments
o provide captions, audio-descriptions or subtitles to audio visual material (eg
YouTube, films, etc) for students with hearing impairments
o convert a book into Easy English
o create audio books for students with vision impairment.
• Both exceptions can be used by schools to assist students with a disability, but
the circumstances in which they apply differ.
78. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Organisational disability
exception
78
• Allows schools/administering bodies to make accessible format copies for
students with a disability if the copyright material is not commercially available
in the format required by the student and with the appropriate features they
require.
• No restriction on the kind of format that can be created under this exception
and could include the copying of a whole text work to a more accessible
format.
79. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Fair dealing for the purpose of
access by persons with a
disability
79
• The fair dealing for disability exception allows teachers/administering bodies
to copy materials for students with a disability provided the use is ‘fair’.
• Common examples of fair dealings include:
o copying short extracts from films or news stories and captioning them
o copying pages from a book and enlarging the font.
80. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
80
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.
81. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
81
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.
83. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
83
• Students can copy and communicate works under “fair dealing” without
seeking the permission of the copyright owner.
• Most of the copying/communicating that students do as part of their study will
fall under the fair dealing for research and study exception.
85. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Creating an audiobook
85
1. Is the audiobook available to purchase within a reasonable time in a format
that will suit your school’s educational purposes (eg from Google Play, Apple
Books, Audible)?
If yes, you must purchase the audiobook.
2. Do you need it for an educational purpose?
Educational purpose includes teaching (in a classroom or remotely), preparing to
teach, as part of a course of study or retaining in the library for use as a teaching
resource.
https://smartcopying.edu.au/flexible-dealing/
86. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Creating an audiobook
86
3. Does it unreasonably prejudice the legitimate interests of the copyright
owner?
If you are communicating this audiobook (eg uploading it to a DTE):
• Only use the content you need for the specific educational purpose.
• Avoid making the audiobook/recording available for further copying and reuse (eg
by posting the audiobook on a public website).
• Limit access to the students that need it on a password protected DTE and
access limited to streaming (as opposed to downloading).
• Remove the copy from the password protected online space as soon as
practicable (eg by archiving).
87. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Alternatives to creating your
own audiobook
87
You cannot create your own audiobook if one is commercially available. Some alternatives are:
1. Shop around for audiobooks
Many online providers (eg Apple Books, Google Play, Audible, Kobo, Overdrive) allow you to purchase, subscribe
and/or rent audiobooks. Some of these providers allow multiple devices to be logged in at the same time (eg
Google play allows up to five per account).
2. Free audiobooks
You can stream (and in some instances download) audiobooks for free from:
• Spotify
• OpenCulture (http://www.openculture.com/freeaudiobooks)
• Project Guttenberg (https://www.gutenberg.org/)
• Librivox (https://librivox.org/).
88. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Alternatives to creating your
own audiobook
88
3. Loading audiobooks onto devices and loaning these devices to students
If your library has a fleet of devices (eg ipads, ipods, tablets, laptops), the school can purchase the audiobooks
needed, load these audiobooks onto the devices and loan these devices to students.
• You need to purchase one copy of the audiobook per device. If you have 10 devices, you would need 10 copies
of an audiobook.
• You must make sure students cannot make further copies of the audiobooks from these devices.
• This option may allow you to purchase audiobooks from multiple sources depending on which is cheapest.
89. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Education exception FAQs
89
1. Can I display a few pages of a website on an interactive whiteboard as part of a
classroom activity/discussion?
2. Can I give my students a link to a YouTube clip to watch?
3. Can I format shift a film in DVD to MP4 to put onto our school’s DTE when the
film is available on Google Play?
4. Can I enlarge the font size of a book for a student with reading difficulties?
5. Can I play a movie from ABC iView in my class for educational purposes?
91. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 91
Storytime Arrangement
Allows schools whose students are affected by government ‘stay-at-home’ orders to read Australian
children’s books online to students and families, provided:
1. Storytime is live streamed wherever possible (eg via Google Classroom, Zoom or Facebook live
streaming) and access limited to students of the school and their families.
2. If live streaming is not practical, you may make a recording of Storytime available, provided:
a) the recording is “view only” (ie no further copies can be made or downloaded) and
b) wherever possible that recording should be made available using password protected
access in a DTE (eg Google Classroom), rather than on a public site (eg Facebook).
3. You give bibliographic details of the book at the beginning of the recording – title, author,
illustrator (if applicable) and publisher.
4. Access to the recording is disabled within a month of resuming normal teaching practices and
deleted 12 months after it was made.
https://smartcopying.edu.au/revival-of-storytime-arrangement-2/
92. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 92
COVID-19 school lockdown
• Use free legal sources where possible (eg Creative Commons, YouTube, ABC iView).
• If students need to read or view content on the internet, link rather than provide copies
of the content.
• Consider subscription services that can be accessed from home (Eg Hot Maths or
Reading Eggs) rather than copying content.
• If the above are not possible, you may be able to provide copies via a DTE but the rules
differ depending on the type of material. See FAQ 4 in Part 2 of our COVID-19 School
Lockdown Copyright Guidance information sheet.
• Contact the NCU if you need further assistance.
https://smartcopying.edu.au/covid-19-school-lockdown-copyright-guidance/
93. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 93
COVID-19 school lockdown
Whether schools are allowed to use copyright material in lessons held via video conferencing (eg Zoom) or
recorded for students to watch later is a grey area. To minimise the risk, schools should:
1. only use copyright material where it is for educational purposes or instruction.
2. only use a small amount of copyright material (ie extracts) not the whole of a work, video or song etc
3. 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)
4. 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
5. make the lesson or recording “view only”, so that no further copies can be made or downloaded
6. only make recordings available for the period of time for which they are needed
7. archive or disable access once the materials are no longer needed (eg when normal teaching
resumes).
94. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 94
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.
• Following the principles in the previous slides may reduce (and in some cases
eliminate) the risk that your school is 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.
96. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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/.
96
97. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 97
https://smartcopying.edu.au/labelling-and-attributing/
Attributing material used with
permission
Best practice attribution of material where you have permission to use a third party work:
1. As a resource on its own/in a resource you created
Reproduced and made available for copying and communication by [insert name of
Department/Administering Body/School] for [its] educational purposes with the permission of [name
copyright owner].
2. If permission is limited to use in the specific resource (ie no further copying or communicating
is permitted)
Reproduced and made available for copying and communication by [insert name of
Department/Administering Body/School] for [its] educational purposes with the permission of [name
copyright owner] (for use in this publication only).
99. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 99
Copy and
communicate
Statutory Text
and Artistic
Works Licence
Make
accessible
versions for
students with a
disability
Disability
Access
Exceptions
Use in an exam
Exam Copying
Exception
Display in class
Section 28
Translate,
adapt, create
material if not
commercially
available
Flexible Dealing
Exception
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text and artistic works
100. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 100
Copy and
communicate
Statutory
Broadcast
Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/
Radio and television
broadcasts
Radio Tower by Unknown Author is licensed under CC BY-SA
Play in class
Section 28
101. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 101
https://smartcopying.edu.au/guidelines/films-and-videos/
Films and videos
Play in class
Section 28
Play for non-
educational
purposes
Co-curricular
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
copying
exception
Copy and
communicate
if not
commercially
available
Flexible
Dealing
102. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 102
https://smartcopying.edu.au/guidelines/music/
Music
Music includes
musical works and
sound recordings
Play or
display in
class
Section 28
Perform or
play outside
class
Schools Music
Licence
+
PPCA Licence
OR exception
Live stream
or make
recordings of
a school
event
Schools
Music
Licence
Make
accessible
versions for
students with
a disability
Disability
Access
Exceptions
Use in an
exam
Exam
Copying
Exception
Copy and
communicate
sheet music
Schools
Music
Licence
Use not
covered by
the Schools
Music
Licence
Seek
Permission
104. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/introduction-to-oer/
What are Open Education
Resources (OER)
OER are teaching, learning and research materials that are in the public domain or have been
released under an open licence that permits free access, use, modification and sharing by others
with no or limited restrictions.
“Is licensing really the most important question for OER?” by Caroline
Madigan for opensource.com is licensed under CC BY-SA 2.0
104
105. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 105
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
106. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 106
• CC creates a “some rights reserved” model.
• The copyright owner retains copyright
ownership in their work while inviting certain
uses of their work by the public.
• CC licences create choice and options for
the copyright owner.
Creative Commons: How it all
works
CC five years by shizhao is licensed under CC BY 2.0
Modifications: cropped
107. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Benefits for schools
107
Cheaper: saves money on copyright fees and administrative costs of seeking permission. Education resources
can be shared freely online with very low transaction costs.
Equitable: offers equal access to knowledge for everyone and allows for education resources to be adapted
for minorities and those with disabilities.
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).
Safer: free to reuse, remix, redistribute and adapt education resources without running the risk of breaching the
complex copyright rules.
Internet compatible: it is better adapted to the Internet and the freedom which the Internet provides to copy,
distribute, adapt and remix resources.
Accessible: over 2 billion Creative Commons licensed works.
108. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
CC licence elements
108
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
109. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 109
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.
110. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 110
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.
111. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 111
http://www.smartcopying.edu.au/open-education/creative-commons/quick-guide-to-creative-commons
113. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
The best place to start is openverse:
https://wordpress.org/openverse.
You can also search for CC licensed material on
Google, YouTube and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-
the-creative-commons-search-portal/
Best way to find CC materials
113
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
115. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
openverse one-click
attribution
115
One-click attribution: openverse gives you the attribution for all images and audio. Makes it much
easier to credit the source of any image you discover.
116. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Google – CC search options
116
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching for an image on the normal Google Images search, you can filter
so that the search results given are only CC images.
https://smartcopying.edu.au/how-to-find-creative-commons-materials-using-google/
117. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Google advanced search
117
Click the settings icon and select advanced search.
118. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au 118
Once you’re in the advanced settings, the usage rights filter is at the very bottom.
119. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Google Images – Filter for CC
images
119
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.
120. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
YouTube – Filter for CC videos
120
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.
121. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
YouTube – Filter for CC videos
121
122. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Flickr
122
• 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.
123. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Flickr
123
• When you search on Flickr,
the default setting is to return
results with ‘Any licence’.
• This setting has to be
changed to return results only
licensed under Creative
Commons.
125. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Other places to find CC
material
125
• 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
127. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Applying a CC licence to your
learning resources
127
• 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/.
128. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Adding a CC licence to
learning resources
128
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/.
130. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Third party content
130
• 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/
131. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
How to label third party
content
131
There is no single correct way to label third party content, and different situations may require
more or less complicated notices and marking.
There are 2 often used mechanisms:
1. A notice next to third party content: this involves marking or notating all third party
content. To do this you should indicate directly underneath the content.
OR
2. A general notice listing all third party content: this involves giving a general notice
that identifies all third party content. This notice would usually be included in your terms of
use or copyright statement for a website or in the verso page or bibliography for a work.
133. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
133
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
134. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Where should I place the
attribution?
134
• 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).
135. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
135
How would you attribute this CC image: https://www.flickr.com/photos/lschlagenhauf/38494602082/?
Furggelen afterglow taken by Lukas Schlagenhauf.
This image can be used under Creative Commons BY ND 2.0 Generic Licence.
136. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
136
1. Title: Furggelen afterglow
2. Author: Lukas Schlagenhauf – linked to his profile page
3. Source: Furggelen afterglow – linked to original Flickr page
4. Licence: CC BY-ND 2.0 – linked to licence deed
“Furggelen afterglow” by Lukas Schlagenhauf is licensed under CC BY-ND 2.0.
139. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Useful OER and CC links
139
• OER in Australia
• Creative Commons Information Pack for teachers and students
• Where to find CC licensed materials
• Short explainers on CC and OER
• Videos on Creative Commons
• CC Search Browser Extension
141. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Case Study 1 – Statutory
licences
Kent, a geography teacher, is preparing some teaching resources. He:
1. photocopies material from a textbook to hand out to students in his class
2. uploads a list of website links to his school’s DTE for his students to access
3. scans and uploads an entire novel to the school’s DTE when the novel is commercially available as
an e-book
4. downloads other people's lecture notes, student quizzes and worksheets from the internet
5. downloads a television program from ClickView to show to his class.
Is Kent allowed to do each of the activities? If yes, are there any restrictions on how he can use the
materials (eg consider copying limits, labelling requirements)?
141
142. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Case Study 2 – Music and co-
curricular licences
Samantha is a teacher librarian who has been asked by teachers in her school if they are allowed to:
1. live stream a school concert on the school’s website
2. put a video recording of the school concert on a teacher’s personal Facebook page
3. display lyrics at a school assembly where parents are present
4. play music at a school swimming carnival
5. play a film at a school excursion.
What should Samantha tell them? If the activities are allowed, are there any restrictions (eg consider
copying limits, labelling requirements)?
142
143. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Case Study 3 – Educational
exceptions
Carol is a school principal who has been asked by teachers in her school if they are allowed to:
1. play an episode of a Netflix documentary series in class for educational purposes
2. format shift a CD into an electronic file (eg MP3) to upload onto the school’s DTE to play to the
class for educational purposes when the MP3 is not commercially available
3. caption videos for students with hearing disabilities
4. copy a clip from a film and provide students access to it for use in an online exam, when the film is
commercially available on Apple TV and
5. make an audio recording of a book which is available to purchase on Audible.
What should Carol tell them? Are these activities covered by an exception? If so, please specify which.
Are there any other restrictions that may limit the application of the copyright exception relied on?
143
144. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Case study 4 – Creative
Commons
Issy is a science teacher at a school. She has created a resource for her classes. She wants to license it
under a CC BY licence and wants to know:
1. what she needs to do in order to license it under Creative Commons.
2. can she use a photograph that was released under a CC BY licence in her resource?
3. can she make changes to an illustration that has been licensed under a CC BY ND licence and use it in
her resource?
4. can she use an image that she sourced from the internet (not CC licensed) in her resource?
144
146. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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
146
147. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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.
147
148. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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.
148
149. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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.
149
150. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
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
150
151. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Tips for encouraging
copyright compliance
151
Schools/administering bodies can do the following to ensure student and staff compliance with copyright
obligations:
• Encourage the use of the Smartcopying website and contact the NCU with any copyright questions.
• The NCU leads a ‘Copyright for Educators’ course – this is a free online course for all Australian school
and TAFE teachers and librarians.
• Ensure teachers and staff 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 developed a series of flowcharts that outline how staff can use third party material in their
learning resources.
152. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Creating learning resources that include
third party text and artistic works
152
https://smartcopying.edu.au/flowcharts/
153. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
Copyright 4 Educators online
course
153
• Free online course for educators who want to learn about copyright, statutory
licences, educational exceptions and open educational resources.
• 7 week course – to receive an email when the Term 4 course opens for enrolment,
please fill in the form at the following link.
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-educators-
course.
154. Copyright for Educators
4 August 2022
National Copyright Unit
www.smartcopying.edu.au
More information
154
www.smartcopying.edu.au
https://www.slideshare.net/nationalcopyrightunit/
smartcopying@det.nsw.edu.au
02 7814 3855