Copyright for Educators - Sydney Catholic Schools Part 2 - 28 June 2022

National Copyright Unit
www.smartcopying.edu.au
1
Copyright for Educators
28 June 2022
Sydney Catholic Schools
28th June 2022
Jessica Smith

28 June 2022
Outline
2
6. Remote Learning
7. Seeking Permission and Consents
8. Open Education Resources and Creative Commons
9. Workshop
10. Smartcopying Tips

3
28 June 2022
Recap: How can I use
material?

28 June 2022
www.smartcopying.edu.au 4
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

28 June 2022
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

28 June 2022
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

28 June 2022
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
+
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

8
28 June 2022
Remote Learning

28 June 2022
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/

28 June 2022
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/

28 June 2022
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).

28 June 2022
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.

13
28 June 2022
Seeking Permission
and Consents

28 June 2022
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/.
14

28 June 2022
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 Sydney Catholic Schools Ltd
ACN 619 373 343 atf Sydney Catholic Schools Trust ABN 26 158 447 082 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 Sydney Catholic Schools Ltd
ACN 619 373 343 atf Sydney Catholic Schools Trust ABN 26 158 447 082 for its educational
purposes with the permission of [name copyright owner] (for use in this publication only).

16
28 June 2022
Open Education
Resources and
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/

28 June 2022
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
17

28 June 2022
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

28 June 2022
• 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

28 June 2022
Benefits for schools
20
 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.

28 June 2022
CC licence elements
21
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

28 June 2022
CC licences
Licence Type Licence Conditions
Attribution Freely use, copy, adapt and distribute to anyone
provided the copyright owner is attributed.
Attribution No Derivatives Freely use, copy and distribute to anyone but only in
original form. The copyright owner must be attributed.
Attribution Share Alike Freely use, copy, adapt and distribute provided the new
work is licensed under the same terms as the original
work. The copyright owner must be attributed.

28 June 2022
CC licences
Licence Type Licence Conditions
Attribution Non Commercial Freely use, copy, adapt and distribute for non-
commercial purposes. The copyright owner must be
attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the
original work for non-commercial purposes. The
copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-
commercial purposes provided the new work is
licensed under the same terms as the original work.
The copyright owner must be attributed.

28 June 2022
http://www.smartcopying.edu.au/open-education/creative-commons/quick-guide-to-creative-commons

28 June 2022
25
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Finding CC licensed
resources

28 June 2022
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
26
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0

28 June 2022
openverse

28 June 2022
openverse one-click
attribution
28
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.

28 June 2022
Google – CC search options
29
Two options
1. Go directly to the advanced search page:
https://www.google.com.au/advanced_search.
2. After searching 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/

28 June 2022
Google advanced search
30
Click the settings icon and select advanced search.

28 June 2022
Once you’re in the advanced settings, the usage rights filter is at the very bottom.

28 June 2022
Google Images – Filter for CC
images
32
After you search for an image, all
you have to do is click “Tools”,
then under “Usage Rights” select
“Creative Commons licenses”.

28 June 2022
YouTube – Filter for CC videos
33
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.

28 June 2022
YouTube – Filter for CC videos
34

28 June 2022
Flickr
35
• 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.

28 June 2022
Flickr
36
• 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.

28 June 2022
Flickr
37

28 June 2022
Other places to find CC
material
38
• 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

28 June 2022
39
https://smartcopying.edu.au/applying-a-creative-commons-licence/
Licensing your learning
resources under CC

28 June 2022
Applying a CC licence to your
learning resources
40
• 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/.

28 June 2022
Adding a CC licence to
learning resources
41
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/.

28 June 2022
Adding a CC licence to
learning resources
42
Then include a copyright statement on your resource. Here’s an example:
© [State (Department of Education) eg State of New South Wales (Department of
Education)] [school name], 2022. Except as otherwise noted, this [insert learning
resource title] is licensed under the Creative Commons Attribution 4.0 International
Licence. To view a copy of this licence, visit
http://creativecommons.org/licenses/by/4.0/.
The copyright statement and CC licence can be placed on the first and/or last page of the
resource or the footer of the resource so that it travels onto every page.

28 June 2022
Third party content
43
• 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/

28 June 2022
How to label third party
content
44
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.

28 June 2022
45
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attribution of CC licensed
material

28 June 2022
Attributing CC material
46
Teachers can use CC licensed materials as long as
you follow the licence conditions. One condition of all
CC licences is attribution. When attributing
remember TASL:
 T: Title
 A: Author
 S: Source
 L: Licence
Always check whether the creator has specified a
particular attribution.
"Free Stock: Copyright sign 3D render" by Muses Touch is
licensed under a CC BY-NC-ND 2.0

28 June 2022
Where should I place the
attribution?
47
• 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).

28 June 2022
48
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.

28 June 2022
49
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.

28 June 2022
Attribution of school owned
material
50
• Material that has been created by your school or administering body should be
clearly labelled as such in order to avoid paying fees under the statutory licence to
use the material.
• Recommended attribution for CC licensed material is:
© Sydney Catholic Schools Ltd ACN 619 373 343 atf Sydney Catholic Schools
Trust ABN 26 158 447 082. Except as otherwise noted, this [insert content title]
is licensed under the Creative Commons Attribution 4.0 International Licence. To
view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
https://smartcopying.edu.au/labelling-and-attributing/

28 June 2022
51
https://www.oerafrica.org/communication/find-open-
content/index.html#/lessons/_JVZ0dzfoYEImW4tZxtuA1hgwWiLd23q
Creative
Commons Quiz

28 June 2022
Useful OER and CC links
52
• 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

53
28 June 2022
Workshop

28 June 2022
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)?
54

28 June 2022
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)?
55

28 June 2022
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?
56

28 June 2022
Case study 4 – Creative
Commons
Issy is a science teacher at a Sydney Catholic school. She has created a resource for her classes. She
wants to license it (with permission from her school) 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?
57

58
28 June 2022
Smartcopying Tips

28 June 2022
Smartcopying tips
Use Creative Commons (CC) licensed content and
consider licensing your resources under CC.
• Material whose owner has given permission for the
material to be used for educational purposes, for free.
• Depending on the licence, it can also be modified and
shared by teachers and students.
Creative Commons - cc stickers by Kristina
Alexanderson is licensed under CC BY 2.0
59

28 June 2022
Smartcopying tips
Link – link or embed material
whenever possible.
Providing a link is not a copyright activity. You
are not copying the content, just providing a
reference to its location elsewhere.
"Netzwerke" is licensed with CC0 1.0.
Modifications: recoloured.
60

28 June 2022
Smartcopying tips
Label – always attribute the source.
• All material created and used for educational purposes should be properly attributed.
• Attributing is important to ensure that we don't pay licence fees for material we
already own or are allowed to use – eg 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.
61

28 June 2022
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.
62

28 June 2022
Smartcopying tips
Clear out material that is no
longer required
Clearing out material as soon as possible
when it is no longer required is one practical
way of managing copyright risk and costs.
"Future Shop 'Back to School'" by Tendril * is licensed under CC BY-ND 4.0
63

28 June 2022
Tips for encouraging
copyright compliance
64
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.

28 June 2022
Creating learning resources that include
third party text and artistic works
65
https://smartcopying.edu.au/flowcharts/

28 June 2022
Copyright 4 Educators online
course
66
• Free online course for educators who want to learn about copyright, statutory
licences, educational exceptions and open educational resources.
• 7 week course – Term 3 enrolments are now open.
• More information on the Smartcopying website:
http://www.smartcopying.edu.au/educational-resources/copyright-4-educators-
course.

28 June 2022
More information
67
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

Copyright for Educators - Sydney Catholic Schools Part 2 - 28 June 2022

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