Copyright for Educators - Sydney Catholic Schools Part 1 - 27 June 2022

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
27 June 2022
Sydney Catholic Schools
27 June 2022
Alison Davis

27 June 2022
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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27 June 2022
Smartcopying website
3
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions

www.smartcopying.edu.au 4

27 June 2022
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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27 June 2022
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

7
27 June 2022
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/

27 June 2022
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
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27 June 2022
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
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27 June 2022
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

27 June 2022
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
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https://smartcopying.edu.au/guidelines/copyright-basics/what-are-the-rights-of-a-copyright-owner/

27 June 2022
Copyright basics FAQs
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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?

27 June 2022
Using material for teaching
Statutory
Licences Creative
Commons
Licensed
Permission
Own
Material
Education
Exception
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Can I use it?
Schools
Music
Licence

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Statutory Licences

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Statutory Text and Artistic
Works Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/
15

27 June 2022
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.
Works Licence
Books story (vector, Inkscape, poster) by
MaryKosowska is licensed under CC BY-NC-ND 2.

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Works Licence
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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/

27 June 2022
What is a copy?
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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

27 June 2022
What is a communication?
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A communication includes:
• uploading material to a password protected DTE for student access, such as:
o a share drive/intranet (eg Microsoft 365)
o a learning management system (eg Canvas)
o to a closed class area on an education platform (eg Google Classroom)
• emailing.

27 June 2022
How much of a text 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.

27 June 2022
When can I copy and communicate
more of a text work?
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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.

27 June 2022
How much of an artistic work can I
copy and communicate?
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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

27 June 2022
What can schools do under
the Statutory Text and Artistic
Works Licence?
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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.

27 June 2022
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.

27 June 2022
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]

27 June 2022
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/

27 June 2022
Images from the internet
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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.

27 June 2022
Which images from the
internet attract a fee?
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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).

27 June 2022
What is not covered by the
Statutory Text and Artistic Works
Licence?
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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).

27 June 2022
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.

27 June 2022
Works Licence FAQs
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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?

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Statutory Broadcast Licence
https://smartcopying.edu.au/guidelines/radio-and-television-broadcasts/ 32

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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/

27 June 2022
Using the copy broadcast
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• 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.

27 June 2022
What is not covered?
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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).

27 June 2022
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/

27 June 2022
FAQs
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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?

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Music and Co-
curricular Licences

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Schools Music Licence
https://smartcopying.edu.au/guidelines/education-licences/schools-music-licence/
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How can schools use music?
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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).

27 June 2022
What is a school purpose?
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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.

27 June 2022
What is a school event?
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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.

27 June 2022
Copying and communicating
sheet music
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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/

27 June 2022
Copying and communicating
sheet music
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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).

27 June 2022
Limits on copies of sheet
music
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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.

27 June 2022
Performing musical works live
or playing sound recordings
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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 or music eisteddfods
• 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).

27 June 2022
Admission fees
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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.

27 June 2022
Live streaming a school event
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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.

27 June 2022
Recording a school event
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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.

27 June 2022
Sharing a recording of a
school event
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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 Seesaw, but not apps like Snapchat and TikTok).

27 June 2022
Incorporating music into
another work
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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.

27 June 2022
Labelling a recording
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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’.

27 June 2022
Music as a school bell
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Schools can play music as a school bell under
an exception in the Copyright Act 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

27 June 2022
Music in religious services
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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/

27 June 2022
Music in religious services
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• Most of the Christian liturgical music used by schools will be covered by the Schools Music Licence.
However, a small number of composers/publishers are not included.
• You can check whether a particular composer and/or music publisher is covered by searching APRA
AMCOS Works Search or contacting APRA AMCOS at schools@apra.com.au.
• If the music is not covered by the licences, you should contact CCLI or OneLicense.
• Sometimes composers or music publishers will be represented by both APRA AMCOS and CCLI or
OneLicense. If this is the case, you can use their music under the Schools Music Licence.
https://smartcopying.edu.au/music-in-religious-services/

27 June 2022
Co-curricular Licence
https://smartcopying.edu.au/films-playing-for-non-educational-purposes/ 56

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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.

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• 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:

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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.

27 June 2022
Music and Co-curricular
Licences FAQs
60
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
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Education Exceptions

27 June 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
62

27 June 2022
Performing and
communicating material in
class (s 28)
63
• 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.

27 June 2022
Section 28 uses
64
• 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.

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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).

27 June 2022
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
66

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Flexible dealing (s 200AB)
67
• 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.

27 June 2022
Flexible dealing guidelines
68
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.

27 June 2022
Flexible dealing guidelines
69
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.

27 June 2022
Common flexible dealing
activities
70
• 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.

27 June 2022
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/ 71

27 June 2022
Smartcopying Tip
72
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

27 June 2022
73
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

27 June 2022
Exam copying exception
74
• 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/

27 June 2022
75
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions

27 June 2022
Disability access exceptions
76
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’).

27 June 2022
77
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.

27 June 2022
78
• 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.

27 June 2022
Organisational disability
exception
79
• 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.

27 June 2022
Fair dealing for the purpose of
access by persons with a
disability
80
• 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.

27 June 2022
Which disability exception
applies?
81
Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an
entire copyright work, it’s recommended
that you use the organisational disability
exception provided the material is not
commercially available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.

27 June 2022
Notice requirements
82
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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83
https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

27 June 2022
Students fair dealing
84
• 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
27 June 2022
Audiobooks

27 June 2022
Creating an audiobook
86
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/

27 June 2022
Creating an audiobook
87
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).

27 June 2022
Alternatives to creating your
own audiobook
88
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/).

27 June 2022
Alternatives to creating your
own audiobook
89
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.

27 June 2022
Education exception FAQs
90
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?

27 June 2022
Tomorrow’s session
91
1. Remote learning
2. Seeking permissions and consents
3. Open Education Resources and Creative Commons
4. Workshop
5. Smartcopying Tips

27 June 2022
More information
92
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - Sydney Catholic Schools Part 1 - 27 June 2022

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