National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
28 March 2023
Copyright and Music -
TAFE
National Copyright Unit
Arabi Shivaramanan and Alison Davis

The NCU Copyright Hour
28 March 2023
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.
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The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
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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

The NCU Copyright Hour
28 March 2023
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)
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The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Outline
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1. Music and Copyright
2. TAFE Music Licence
3. Education Exceptions
4. Seeking Permission
5. Creative Commons

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
28 March 2023
Music and Copyright

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Music and copyright
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Music includes both
Do re mi
±
Musical works (the score and/or the lyrics of a
song)
Sound recordings (recorded versions
of musical works – eg Apple or Spotify tracks,
CDs, MP3s).

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 8
Musical Works Sound Recordings
Who owns copyright?
Do re mi
±
Composer
Publisher
Record Label

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
A copyright owner’s rights
9
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
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The NCU Copyright Hour
28 March 2023
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
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All TAFEs (excluding Victoria) can now rely on the TAFE Music Licence
with APRA AMCOS, ARIA and PPCA to perform musical works live (eg
a live performance by a TAFE band) and use sound recordings in
different ways.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
Play
musical
work live at
TAFE event
Play sound
recording
at TAFE
event
Play
background
music
Add sound
recording
to another
work
Singer performing
at TAFE Open Day
Play backing track
at TAFE fashion
show
Background music
in restaurants,
gyms or cafés
Add music to
PowerPoint
presentation

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
https://smartcopying.edu.au/music-copyright-guide-for-tafes/
Record
TAFE event
Live stream
TAFE event
Share
recording
of TAFE
event
Film a student band’s
performance
Live stream a graduation
ceremony from TAFE’s
social media account
Upload recording of dance
performance to TAFE
website

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
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Live streaming your TAFE event
TAFEs can live stream events, where a musical work is performed live and/or a
sound recording is played, in real time from TAFE social media platforms (such as
Facebook or YouTube).
However, for live streams where a musical work or sound recording is being played
on social media, it is still possible that the performance may be blocked or muted.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
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Recording your TAFE event
TAFEs can:
• record TAFE events that include the performance of a musical work live or a sound
recording
• authorise a third party (eg a professional videographer hired to film a TAFE fashion
show or graduation ceremony) to make a recording of a TAFE event on its behalf.
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/music-copyright-guide-for-tafes/
What can I
do with a
recording of
a TAFE
event?
Upload to TAFE
website or DTE
Provide
physical copy
to TAFE
community
Upload to
educational
app
Email to TAFE
community
Upload to TAFE
social media

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
TAFE Music Licence
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Incorporating sound recordings into other works
TAFEs can incorporate a sound recording into another unrelated work (eg add a
backing track to a PowerPoint presentation or to a video of a graduation
ceremony).
https://smartcopying.edu.au/music-copyright-guide-for-tafes/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au https://smartcopying.edu.au/music-copyright-guide-for-tafes/
What can I do
with a work
that
incorporates a
sound
recording?
Upload to
TAFE
website or
DTE
Provide
physical
copy to
TAFE
community
Upload to
educational
app
Email to
TAFE
community
TAFEs cannot upload the work to social media

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
28 March 2023
Education Exceptions

National Copyright Unit
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The NCU Copyright Hour
28 March 2023
https://smartcopying.edu.au/performance-and-communication-of-copyright-material-in-class/
Performing and
Communicating Music in
Class (s 28)
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The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Performing and communicating
music in class (s 28)
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• Section 28 allows TAFEs to perform and communicate music in class
• 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 the music
• Use must for the purposes of education instruction.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Examples of section 28 uses
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Play sound recordings in
any format (eg CD, DVD,
cassettes, digital music
from Apple Music,
Google Play)
Perform a
song
Display sheet music or
lyrics from a live
website on an
interactive whiteboard
in class for educational
instruction.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
What is not covered?
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Section 28 does not cover communicating or performing a
work:
• to the parents of students
• at a TAFE event where there is no teaching involved (eg
graduation, open day, fashion show, workplace such as
a hair salon, etc)
• for a fundraising activity.
"musical notes" by EpicFireworks is
licensed under CC BY 2.0.

National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
28 March 2023
https://smartcopying.edu.au/flexible-dealing/
Flexible Dealing (s 200AB)
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The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing (s 200AB)
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• Section 200AB is a flexible exception that allows TAFEs 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 help you decide if your use falls under section
200AB.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Examples of flexible dealing
uses
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Copy extracts of music
videos (eg from
YouTube) needed for
educational instruction
Prepare an
arrangement of a
musical work for
students to perform
in class when you
cannot purchase the
arrangement
Copy an entire music
video (eg from
YouTube) for
educational instruction
when you cannot
purchase it

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
You cannot rely
on any other
licence or
exception
You need the material
for educational instruction
•Educational instruction includes:
•teaching
•preparing to teach
•compiling resources for
student homework or research
•doing anything else for the
purpose of teaching.
•Does not permit ‘just in case’
copying.
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.
Flexible dealing guidelines
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Flexible dealing only applies if:

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing guidelines
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Ensure no further
copies or downloads
can be made
Limit access to the
students/classes
that need it for the
specific instructional
purpose
Only use the
amount of material
that you need
You must not make a
profit from anything
you use under
flexible dealing
Only make the
material available
for the time needed
for the course of
study
If uploading content to
the TAFE DTE make sure
it is view only
If uploading a YouTube
music video for a Music
class, only make it
available to the
students in that class
If you only need to
show students an
extract of a YouTube
music video, you can’t
rely on the flexible
dealing exception
to copy the entire video
If students need to
access an excerpt of a
YouTube music video on
the DTE, archive/
disable access once it is
no longer needed by
the students
Cost recovery is okay

National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
28 March 2023
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/copying-for-exams/
Exam Copying Exception

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Exam copying exception
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• Teachers and administering bodies are allowed to copy and communicate
musical works and sound recordings 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
The NCU Copyright Hour
28 March 2023
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https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/disability-
access-exceptions/
Disability Access Exceptions

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
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Organisational Disability Exception Fair Dealing for Disability Exception
Use of copyright material by organisations
assisting persons with a disability
Fair dealing for the purpose of assisting
persons with a disability

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
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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.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Disability access exceptions
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• Under these exceptions, TAFEs are able to provide captions, audio-
descriptions or subtitles to audio visual material (eg YouTube, music
videos, etc) for students with hearing impairments.
• Both exceptions can be used by TAFEs to assist students with a
disability, but the circumstances in which they apply differ.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Which disability exception
applies?
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Organisational Disability Exception Fair Dealing for Disability Exception
If you need to copy or format shift an entire
copyright work, it’s recommended that you
use the organisational disability exception
provided the material is not commercially
available.
Where you are copying an extract or
portion of a work for a disabled student,
you may be able to rely on the fair dealing
for disability exception. You can rely on
this exception regardless of whether the
material that your student requires is
commercially available.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Notice requirements
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Best practice to include the following notice where reasonably practicable:
This material has been copied/made available to you under section
[113E/113F (delete as required)] of the Copyright Act. Any further
reproduction or communication of this material by you may be the
subject of copyright protection under the Act. Do not remove this
notice.

National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
28 March 2023
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https://smartcopying.edu.au/students-and-copyright/
Students Fair Dealing

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Students fair dealing
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• Students can copy and communicate music 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.

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
28 March 2023
Seeking permission

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Seeking permission to use
music
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If a TAFE wants to use a sound recording and/or a
musical work in a way not covered by the TAFE Music
Licence (eg for a commercial purpose, such as an
enrolment campaign), it will need to seek permission.
See Permissions for templates that you can use.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 41
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
TAFE Music
Licence
Live stream or
record a TAFE
event or
incorporate music
into another work
TAFE Music
Licence
Make accessible
versions for
students with a
disability
Disability Access
Exceptions
Use in an exam
Exam Copying
Exception
Use not covered
by the TAFE
Music Licence
Flexible Dealing
or
Seek Permission
Do re mi
±

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
28 March 2023
Creative Commons
Music
https://smartcopying.edu.au/creative-commons-oer/

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 43
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons?
• Creative Commons (CC) is the most common way of releasing materials under an open licence.
• CC is 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

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 44
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.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 45
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.

National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
28 March 2023
46
https://www.smartcopying.edu.au/open-education/open-education-resources/where-
to-find-cc-licensed-material/where-to-find-cc-licensed-music
Finding CC licensed music

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
openverse – Filter for audio
https://wordpress.org/openverse/
To find CC licensed audio on
openverse:
• click on the “All content”
dropdown in the search bar
• select “audio”.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Google advanced search
49
• Click the settings icon and select advanced search.
• Once you’re in the advanced settings, the usage rights filter is at
the very bottom.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au 50

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
YouTube – Filter for CC videos
51
To find CC licensed YouTube
clips, after you do a search:
• click on the filters option
and
• under ‘Features’ select
Creative Commons.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
YouTube – Filter for CC videos
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The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
filmmusic.io
https://filmmusic.io
• All CC licensed
music.
• Can search by genre.
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National Copyright Unit
www.smartcopying.edu.au
The NCU Copyright Hour
28 March 2023
54
https://smartcopying.edu.au/how-to-attribute-creative-commons-licensed-materials/
Attributing CC materials

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
55
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

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
56
How would you attribute this CC audio file: https://wordpress.org/openverse/audio/2ecd5631-c48c-4a5f-89c4-
83c44dbbd365?
Lucky Cat by Bruce H. McCosar.
This audio can be used under CC BY-SA 3.0 licence.

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
Attributing CC material
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1. Title: Lucky Cat
2. Author: Bruce H. McCosar – linked to his
profile page
3. Source: Lucky Cat – linked to original
openverse page
4. Licence: CC BY-SA 3.0 – linked to licence
deed
"Lucky Cat" by Bruce H. McCosar is licensed
under CC BY-SA 3.0.
Hint: Openverse does the attribution for you!

The NCU Copyright Hour
28 March 2023
National Copyright Unit
www.smartcopying.edu.au
More information
58
www.smartcopying.edu.au
slideshare.net/nationalcopyrightunit
smartcopying@det.nsw.edu.au
02 7814 3855