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National Copyright Unit
www.smartcopying.edu.au
1
Library Officers – Great
Southern Region
11 November 2022
Copyright for Library
Officers - Great Southern
Region: Using Text and
Images in Schools
https://smartcopying.edu.au/creative-commons-oer/
National Copyright Unit
Holly Cordell
Library Officers – Great Southern
Region
11 November 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
Library Officers – Great Southern
Region
11 November 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
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
4
Library Officers – Great Southern
Region
11 November 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
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
6
1. Copyright Basics
2. Statutory Text and Artistic Works Licence
3. Education Exceptions
4. Open Education Resources and Creative Commons
5. Smartcopying Tips
National Copyright Unit
www.smartcopying.edu.au
7
Library Officers – Great Southern
Region
11 November 2022
Copyright Basics
https://smartcopying.edu.au/guidelines/copyright-basics/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Should I be thinking about
copyright?
Copying a
book cover
Emailing staff
a news article
Downloading
an image
from the
internet
Scanning
a textbook
page
Uploading a
photograph
8
Examples of copyright
activities
Printing a
journal
article
Reading a
book to
students
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
What text and artistic works
does copyright protect?
9
https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/
https://smartcopying.edu.au/guidelines/text-material/
https://smartcopying.edu.au/guidelines/artistic-works-and-images/
Text works Artistic works
Literary, dramatic and musical works in written form
(hardcopy or digital):
• textbooks
• picture books
• novels
• poems
• plays
• screenplays
• song lyrics
• PDF documents
• websites content (eg teacher resources, student
worksheets and activities or online newspapers).
Artistic works and images (hardcopy and digital):
• digital images (eg from Pinterest, Getty Images,
Google or Instagram)
• paintings
• photos
• drawings
• cartoons
• book covers and other pictures in books
• maps
• diagrams
• charts.
Library Officers – Great Southern
Region
11 November 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
National Copyright Unit
www.smartcopying.edu.au
11
Library Officers – Great Southern
Region
11 November 2022
Statutory Text and
Artistic Works
Licence
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-
artistic-works-licence/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au 12
• 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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Statutory Text and Artistic
Works Licence
13
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/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
How much of a text work can I
copy and communicate?
14
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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
When can I copy and communicate
more of a text work?
15
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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
How much of an artistic work can I
copy and communicate?
16
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
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
What can schools do under
the Statutory Text and Artistic
Works Licence?
17
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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
18
• 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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Labelling and attribution
19
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]
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
20
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/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered by the
Statutory Text and Artistic Works
Licence?
21
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).
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
What if my intended use is not
covered?
22
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)
• use material licensed under Creative Commons
• rely on one of the education exceptions discussed later in this PowerPoint.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Book Covers
23
• Schools can copy and communicate book covers for
educational purposes under the Statutory Text and Artistic
Works Licence.
• Schools can copy and communicate book covers for
promotional purposes (eg promoting library programs, book
week or book reviews) under the Book Covers Agreement.
• School libraries can copy and communicate book covers for
cataloguing purposes under the library copying exceptions.
• However, schools cannot reproduce book covers or any third
party images for educational purposes on any public facing
website (eg your school/Department website).
https://smartcopying.edu.au/school-libraries-using-book-covers/
"school" is marked with CC0 1.0, public domain
National Copyright Unit
www.smartcopying.edu.au
24
Library Officers – Great Southern
Region
11 November 2022
Education Exceptions
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Material in
Class (s 28)
25
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Performing and
communicating copyright
material in class (s 28)
26
• 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.
• Must be restricted to staff and students who need material.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
27
Section 28 does not cover communicating or performing a work:
• to the parents of students
• for a fundraising activity.
For these activities you would likely need to seek permission from the copyright
owner.
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
28
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
29
• Section 200AB is a flexible exception that can be used by schools when no other
exception or licence applies.
• You must assess your proposed use on a case-by-case basis.
• The NCU has guidelines to ensure your use falls under section 200AB.
• Limited application to text and artistic works, but examples include:
o changing/adapting song lyrics when the changed/adapted lyrics are needed for
educational instruction
o making translations of works when you cannot purchase the translation and it is
needed for educational instruction.
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
30
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
31
• Teachers and administering bodies are allowed to copy and communicate text
and artistic works (as well as other works) for use in online and hardcopy
exams.
• The exception covers actual 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/
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
32
https://smartcopying.edu.au/guidelines/library-exam-and-disability-
copying/disability-access-exceptions/
Disability Access Exceptions
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
33
The Copyright Act contains two free disability copying exceptions that schools
can rely on to make materials accessible for students with a disability:
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’).
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
34
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.
National Copyright Unit
www.smartcopying.edu.au
Library Officers – Great Southern
Region
11 November 2022
35
Library Copying Exceptions
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Library Copying
36
There are a number of copyright exceptions that apply to copying by school
libraries. The two most common are the:
• preservation copying exception (s 113H) – permits school libraries to copy
content they already hold in their collections in order to preserve their collection
(eg making a backup copy of a CD to ensure it can still be used if the original is
damage, lost, stolen).
• library research exception (s 113J) – permits school libraries to make copies of
copyright material that they already hold in their collections for the purpose of
research carried out at the library.
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/library-copying/
National Copyright Unit
www.smartcopying.edu.au
37
Library Officers – Great Southern
Region
11 November 2022
Recap: How can I use
material?
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au 38
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
National Copyright Unit
www.smartcopying.edu.au
39
Library Officers – Great Southern
Region
11 November 2022
Creative Commons
https://smartcopying.edu.au/creative-commons-oer/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au 40
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
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
CC licence elements
41
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
National Copyright Unit
www.smartcopying.edu.au
42
Library Officers – Great Southern
Region
11 November 2022
Finding CC licensed
materials
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
Library Officers – Great Southern
Region
11 November 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
43
"Large copyright sign made of jigsaw puzzle
pieces" by Horia Varlan is licensed under CC BY 2.0
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
openverse
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
openverse one-click
attribution
45
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.
National Copyright Unit
www.smartcopying.edu.au
46
Library Officers – Great Southern
Region
11 November 2022
Attributing CC
licensed material
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
47
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
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
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.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
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.
National Copyright Unit
www.smartcopying.edu.au
50
Library Officers – Great Southern
Region
11 November 2022
Smartcopying Tips
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips
51
• Use Creative Commons (CC) licensed content and consider
licensing your resources under CC.
• Link – link or embed material whenever possible.
• Label – always attribute the source.
• Limit – ensure access to material is limited to the relevant
staff/students only.
• Clear out material that is no longer required.
Library Officers – Great Southern
Region
11 November 2022
National Copyright Unit
www.smartcopying.edu.au
More information
52
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855

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Library Officers - Great Southern Region - 11 November

  • 1. National Copyright Unit www.smartcopying.edu.au 1 Library Officers – Great Southern Region 11 November 2022 Copyright for Library Officers - Great Southern Region: Using Text and Images in Schools https://smartcopying.edu.au/creative-commons-oer/ National Copyright Unit Holly Cordell
  • 2. Library Officers – Great Southern Region 11 November 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. Library Officers – Great Southern Region 11 November 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
  • 4. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 4
  • 5. Library Officers – Great Southern Region 11 November 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. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Outline 6 1. Copyright Basics 2. Statutory Text and Artistic Works Licence 3. Education Exceptions 4. Open Education Resources and Creative Commons 5. Smartcopying Tips
  • 7. National Copyright Unit www.smartcopying.edu.au 7 Library Officers – Great Southern Region 11 November 2022 Copyright Basics https://smartcopying.edu.au/guidelines/copyright-basics/
  • 8. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Should I be thinking about copyright? Copying a book cover Emailing staff a news article Downloading an image from the internet Scanning a textbook page Uploading a photograph 8 Examples of copyright activities Printing a journal article Reading a book to students
  • 9. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au What text and artistic works does copyright protect? 9 https://smartcopying.edu.au/guidelines/copyright-basics/what-is-protected-by-copyright/ https://smartcopying.edu.au/guidelines/text-material/ https://smartcopying.edu.au/guidelines/artistic-works-and-images/ Text works Artistic works Literary, dramatic and musical works in written form (hardcopy or digital): • textbooks • picture books • novels • poems • plays • screenplays • song lyrics • PDF documents • websites content (eg teacher resources, student worksheets and activities or online newspapers). Artistic works and images (hardcopy and digital): • digital images (eg from Pinterest, Getty Images, Google or Instagram) • paintings • photos • drawings • cartoons • book covers and other pictures in books • maps • diagrams • charts.
  • 10. Library Officers – Great Southern Region 11 November 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. National Copyright Unit www.smartcopying.edu.au 11 Library Officers – Great Southern Region 11 November 2022 Statutory Text and Artistic Works Licence https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and- artistic-works-licence/
  • 12. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au 12 • 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.
  • 13. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Statutory Text and Artistic Works Licence 13 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/
  • 14. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au How much of a text work can I copy and communicate? 14 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.
  • 15. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au When can I copy and communicate more of a text work? 15 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.
  • 16. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au How much of an artistic work can I copy and communicate? 16 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
  • 17. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au What can schools do under the Statutory Text and Artistic Works Licence? 17 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.
  • 18. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Smartcopying tips 18 • 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.
  • 19. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Labelling and attribution 19 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]
  • 20. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Notice requirements 20 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/
  • 21. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au What is not covered by the Statutory Text and Artistic Works Licence? 21 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).
  • 22. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au What if my intended use is not covered? 22 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) • use material licensed under Creative Commons • rely on one of the education exceptions discussed later in this PowerPoint.
  • 23. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Book Covers 23 • Schools can copy and communicate book covers for educational purposes under the Statutory Text and Artistic Works Licence. • Schools can copy and communicate book covers for promotional purposes (eg promoting library programs, book week or book reviews) under the Book Covers Agreement. • School libraries can copy and communicate book covers for cataloguing purposes under the library copying exceptions. • However, schools cannot reproduce book covers or any third party images for educational purposes on any public facing website (eg your school/Department website). https://smartcopying.edu.au/school-libraries-using-book-covers/ "school" is marked with CC0 1.0, public domain
  • 24. National Copyright Unit www.smartcopying.edu.au 24 Library Officers – Great Southern Region 11 November 2022 Education Exceptions
  • 25. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/ Performing and Communicating Material in Class (s 28) 25
  • 26. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Performing and communicating copyright material in class (s 28) 26 • 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. • Must be restricted to staff and students who need material.
  • 27. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au What is not covered? 27 Section 28 does not cover communicating or performing a work: • to the parents of students • for a fundraising activity. For these activities you would likely need to seek permission from the copyright owner.
  • 28. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 https://smartcopying.edu.au/flexible-dealing/ Flexible Dealing (s 200AB) 28
  • 29. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Flexible dealing (s 200AB) 29 • Section 200AB is a flexible exception that can be used by schools when no other exception or licence applies. • You must assess your proposed use on a case-by-case basis. • The NCU has guidelines to ensure your use falls under section 200AB. • Limited application to text and artistic works, but examples include: o changing/adapting song lyrics when the changed/adapted lyrics are needed for educational instruction o making translations of works when you cannot purchase the translation and it is needed for educational instruction.
  • 30. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 30 https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/ Exam Copying Exception
  • 31. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Exam copying exception 31 • Teachers and administering bodies are allowed to copy and communicate text and artistic works (as well as other works) for use in online and hardcopy exams. • The exception covers actual 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/
  • 32. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 32 https://smartcopying.edu.au/guidelines/library-exam-and-disability- copying/disability-access-exceptions/ Disability Access Exceptions
  • 33. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Disability access exceptions 33 The Copyright Act contains two free disability copying exceptions that schools can rely on to make materials accessible for students with a disability: 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’).
  • 34. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Which disability exception applies? 34 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.
  • 35. National Copyright Unit www.smartcopying.edu.au Library Officers – Great Southern Region 11 November 2022 35 Library Copying Exceptions
  • 36. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Library Copying 36 There are a number of copyright exceptions that apply to copying by school libraries. The two most common are the: • preservation copying exception (s 113H) – permits school libraries to copy content they already hold in their collections in order to preserve their collection (eg making a backup copy of a CD to ensure it can still be used if the original is damage, lost, stolen). • library research exception (s 113J) – permits school libraries to make copies of copyright material that they already hold in their collections for the purpose of research carried out at the library. https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/library-copying/
  • 37. National Copyright Unit www.smartcopying.edu.au 37 Library Officers – Great Southern Region 11 November 2022 Recap: How can I use material?
  • 38. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au 38 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
  • 39. National Copyright Unit www.smartcopying.edu.au 39 Library Officers – Great Southern Region 11 November 2022 Creative Commons https://smartcopying.edu.au/creative-commons-oer/
  • 40. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au 40 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
  • 41. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au CC licence elements 41 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
  • 42. National Copyright Unit www.smartcopying.edu.au 42 Library Officers – Great Southern Region 11 November 2022 Finding CC licensed materials https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/
  • 43. Library Officers – Great Southern Region 11 November 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 43 "Large copyright sign made of jigsaw puzzle pieces" by Horia Varlan is licensed under CC BY 2.0
  • 44. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au openverse
  • 45. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au openverse one-click attribution 45 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.
  • 46. National Copyright Unit www.smartcopying.edu.au 46 Library Officers – Great Southern Region 11 November 2022 Attributing CC licensed material https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
  • 47. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Attributing CC material 47 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
  • 48. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Attributing CC material 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.
  • 49. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Attributing CC material 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.
  • 50. National Copyright Unit www.smartcopying.edu.au 50 Library Officers – Great Southern Region 11 November 2022 Smartcopying Tips
  • 51. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au Smartcopying tips 51 • Use Creative Commons (CC) licensed content and consider licensing your resources under CC. • Link – link or embed material whenever possible. • Label – always attribute the source. • Limit – ensure access to material is limited to the relevant staff/students only. • Clear out material that is no longer required.
  • 52. Library Officers – Great Southern Region 11 November 2022 National Copyright Unit www.smartcopying.edu.au More information 52 www.smartcopying.edu.au slideshare.net/nationalcopyrightunit smartcopying@det.nsw.edu.au 02 7814 3855

Notas do Editor

  1. Speaking notes: - Acknowledgement of Country ‘I acknowledge that I’m meeting with you today from the lands of the Whadjuk Noongar people. I acknowledge the Traditional Custodians of the land and pay respect to Elders past and present & emerging and extend that respect to other Aboriginal people joining us today.’ Introduction. 45 minutes Snapshot of Copyright Questions at the end – if not – email us at Smartcopying.
  2. Speaking Notes: Have you heard of us? Feel free to pop this in the chat. Questions at the end – but if we don’t have time, you can contact us via Smartcopying. We are a national team – we sit under NSW but represent schools and TAFEs across the country. Licences – we will talk a bit about one of these licences today. Law Reform – look on our website to learn more about this. Education – what we are doing today, and lots of webinars – have a look on our website. Advices – we answer your questions. Takeaway – most of what you are doing is okay, there are some grey areas in copyright, we want you to feel comfortable in those grey areas and we’ll give you some guidelines on these. We exist to help you and make your life easier, don’t hesitate to get in touch with us, if questions come out of today and we don’t get a chance to answer them, call or email us and I can get you a response. Let’s get started.
  3. Speaking Note: So when should I be thinking about copyright? Copyright applies to most of what you are using in your classes and at your schools. These are some examples that might apply to you. It is a wide ranging protection. Copyright lasts a long time. This is generally the lifetime of the author plus 70 years. A few differences to that but that’s the general rule.
  4. All different types of works are protected in the Copyright Act. Copyright is a bunch of rights in different creative works. This presentation is specifically on text and artistic works, but there is also copyright in sound recordings, broadcasts and films/video. When we look at Literary works – not just books, but also plays, screenplays, PDF documents. When we look at Artistic works – not just a famous painting or photograph but also maps, diagrams, chart, etc. The takeaway here is that most of what you are using in the classroom or in your libraries will be covered.
  5. What do we mean by a copyright owner’s rights? Copyright owners have exclusive rights over the material in which they own copyright. These are exclusive rights to control the use of their copyright materials. There are three exclusive rights: Copy, perform and communicate the material to the public. Some examples of these rights might be: Copy: scanning downloading printing saving to another device – USB, hard drive, mobile phone, tablet photocopying taking a digital photo/screenshot Perform: acting out a play reading a book or reciting a poem to a class display or project on an interactive whiteboard Communicate: uploading to a digital teaching environment (DTE) or share drive emailing to students
  6. So we understand now that copyright covers a broad range of materials, most of what you use is covered. Copyright lasts for a long time, and copyright gives the owner those three exclusive rights which are to copy, perform and communicate copyright material. The question we have now is, well how are you able to use that material for teaching? You can do this in reliance on the Statutory Text and Artistic Works Licence, and we are going to go into this now.
  7. A licence that allows you to copy and communicate text and artistic works for educational purposes. There are some copying limits associated with this licence. ‘Unreasonably prejudice’ the legitimate interests of the copyright owner – this is kind of a mouthful of a statement, and it looks complicated at first glance. We will unpack this a bit more. Admin Bodies or Dept’s can rely on this licence when they are creating resources for use in schools.
  8. Covers text and artistic works in both hardcopy and electronic form. You can see that artistic works include paintings, maps, diagrams, all protected under the Copyright Act.
  9. Let’s unpack that statement we looked at earlier – does not unreasonably prejudice the legitimate interest of the copyright owner What does this limit mean? It isn’t a one size fits all approach. Its saying you can copy and communicate the amount you need where to do so would not cause harm to the copyright owner. IE. they aren’t losing a sale. The 10% or 1 chapter rule is still a useful guide when working out whether something will prejudice the interests of the copyright owner. When can you copy more? Well, if the material is not commercially available within a reasonable time, you might be able to copy more than that 10% amount, if not all of the material. On the next slide we’ll look more at where you might be able to copy more. For journal and newspaper articles, usually 1 per periodical unless it’s on the same topic
  10. If material is not commercially available in the format you need within a reasonable time. Will depend on your circumstances. For example, if you have to have it tomorrow and can’t get it, may be able to copy more. If it is freely available online without any expectation of payment. Where your students all have a class set and you want to put a copy on your LMS/DTE It is a useful guide, not strictly limited to 10% or 1 chapter, but a good guide to follow.
  11. Some practical examples of what you can do under this licence.
  12. These are our Smartcopying tips, to help reduce the risk of copyright infringement. Link or embedding to content is great as this is not a copyright activity. Limit access to the minimum amount of people who need content. If only one class needs it, only one class gets access.
  13. We have a bit of a laundry list of what you should include in the attribution, depending on what the material is.
  14. Speaking note – The Book Covers Agreement allows school libraries to copy and communicate book covers to publicly promote books on posters, library displays, library catalogues, bookmarks, other marketing materials, websites and social media platforms. Under this Agreement, school libraries can do the following when promoting books to students, parents and the wider community: copy book covers for display in libraries copy book covers in a school newsletter and copy book covers on a school website or via social media platforms (e.g. Facebook or Instagram). We will talk about library copying exceptions later which allow libraries to copy and communicate book covers for cataloguing purposes.
  15. For example, schools can: read a story, news article, journal, handbook or other literary work. play purchased material in any format (eg an audiobook) stage a performance of a play. display content from a live website on an interactive whiteboard in class for educational instruction.
  16. Speaking Notes: Schools are more likely to be able to rely on the exception to copy materials for practice exams, if: (a) the practice exam has a question and answer format; (b) students are asked to complete the practice exam either: (i) in class in a 'test' setting; or (ii) in a more informal setting either in or outside the classroom but with certain time restrictions (i.e. where students are told to complete the practice exam by the end of the class, or if they are taking it home by the end of the week); (c) a teacher is to review students' responses to the practice exam and provide some form of feedback or a mark to the student; and (d) the purpose of the practice exam is to inquire into or assess the students' performance/capabilities.  
  17. Speaking notes: 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.
  18. Activities: 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 convert a book into Easy English create audio books for students with vision impairment.
  19. These are the exceptions that apply specifically to copying by school libraries: Preservation Copying Exception and the Library Research Exception S 113H: Can make copies of material they already hold in their collection for the purpose of preserving the collection. Another example would be, format shifting a VHS to CD format that is damaged or deteriorating. Or they might need to format shift a number of CDs to digital format, where those CDs have become damaged. Teachers and students can access those copies within the library, or they can be loaned out, provided reasonable steps are taken to ensure the person who access the copy does not infringe copyright. There isn’t a lot of guidance on what constitutes reasonable steps – however our view is that you should include an appropriate notice next to any photocopiers, on any hardcopy books, or next to any computers where there is digital material. We have example notices on our website. Takeaway here: you must have the relevant purpose when making a copy in reliance on the preservation copying exception. Ie. preserving the copyright material, and you must take reasonable steps (notice). S113J: An example of an activity done in reliance on the library research exception would be making a digital copy of a book that the library holds in its collection in order to enable students or staff to access the copy (eg via terminal at the library) for their own research purposes. This exception applies to all copyright material (eg text and artistic works, sound recordings and films). There is no requirement to include any notice on copies made under this exception.
  20. Speaking note: For info on how to do this have a look at our website. openverse was previously CC search. Does attribution for you. You can also use google search to find CC Licensed materials as well as platforms such as Flickr and YouTube. We have a step by step guide to searching on these platforms in our other presentations that you can look at.
  21. You can filter for CC licensed images or audio on openverse by clicking on the “All content” dropdown in the search bar and selecting “images” or “audio”.
  22. Speaking note: For text resources (eg books, worksheets, PowerPoint slides etc) can place the attribution next to CC work or as the footer of the page on which the CC work appears.
  23. Speaking notes: Link - Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere. Label 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: the copyright owner (eg the publisher) and/or author title and publication information if available (eg edition, ISBN) where the material was sourced from (eg URL if online). Limit - 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. Clear out - Clearing out material as soon as possible when it is no longer required is one practical way of managing copyright risk and costs.
  24. @Alison - Time permitting, advise attendees of upcoming Copyright webinars - @Alison do you want speaking notes or slide?