Skip to main content

Copyright - Using Third-Party Content: Frequently Asked Questions

FAQs for State Training Providers

Here are ten frequently asked questions, answered by Westone's Intellectual Property Unit.

 1. Can I show a commercial DVD in class?

2. Can I play music or video for a fundraising activity where a profit is made and people outside the college are attenting?

3. Am I infringing copyright if I use 10 per cent of a work for two years in a row in course materials?

4. I'd like to include some samples of students' work in the resource I'm developing and they've all agreed to it.  Do I need get their permission in writing?

5. Please clarify what is considered to be an 'artwork' for the purposes of copyright.

6. I am told that I can use the '10 per cent rule' so long as my course is 'not-for-profit'.  Can i have the exact definition of 'not-for-profit'?

7. Can a number of classes use the same material online and how does this work with the '10 per cent rule'?

8. Can students (as part of a class assignment) copy images to place on posters to be displayed around campus for a fundraiser?

9. Will images on classroom pasters still need to be attributed if taken from somewhere like Creative Commons?  If so, what's the best way to do this without disrupting the aesthetics or content?

10. I have researched a number of different sources prior to writing my own teaching resource.  Would this be counted as referencing or copying? 

Open Education Resources (OER)

What about using Open Education Resources (OER)?

Open Education Resources (OER) are teaching and learning resources that have been made available in the public domain, or under generous licence conditions.  OER can be used, modified and shared, usually under a Creative Commons (CC) licence.

Find out more about Open Education Resources.

What can I use? How much can I use? Where can I use it?

Use this table to discover what can be used where.

Resource 

 Can I use this information in lecture  notes, powerpoint presentations,  handouts and other classroom  material?

 Can I use this information in eCampus?

Text from a print book  or journal 

Yes.  Cite the quoted text according to  SMTAFE  APA Referencing Guide.

The amount of text you can use is limited  to 10% of the total number of pages,  or one  chapter, or one article per issue of  a journal  (unless it is an issue on a  special topic).

If more than 10% of the text is required,  you  must obtain permission from the  copyright owner. 

 

Yes.  Scanned and uploaded text can be  used  under Part VB, with an appropriate  attribution and  Electronic Use Notice.

The amount of text you can use is limited to  10% of the total number of pages, or one  chapter, or one article per issue of a journal  (unless it is an  issue on a special topic).

If more than 10% of the text is required, you must  obtain permission from the copyright  owner.  

Text from an electronic book or journal via the  Library subscribed electronic databases 

Yes. Cite the quoted text according to  SMTAFE  APA Referencing Guide.

The amount of text you can use is limited  to 10% of the total number of pages, or one chapter, or one article per issue of  a journal  (unless it is an issue on a  special topic).

If more than 10% of the text is required,  you  must obtain permission from the copyright  owner.  

 

Yes.  It is permitted to use the full text of the  licenced electronic material, provided you  LINK to  the relevant ebook or journal online  via the  Library’s authenticated structure.

If you upload the material to eCampus, it  becomes subject to Part VB and is  subsequently limited to 10% as per print  material. 

TV broadcasts

Yes, under Part VA, you can show  legitimately recorded TV broadcasts in  class.

If you are including snippets of a TV  broadcast in a powerpoint presentation,  also include an appropriate attribution and Electronic Use Notice.

Request recording of TV broadcasts via  the PWA Library Service.

Yes, under Part VA with an appropriate attribution and Electronic Use Notice.

In very limited circumstances, copies and communications may be made under the  broadcast statutory licence contained in Part VA of  the Copyright Act.  These circumstances are  where:

  • The copy is made solely for an educational purpose;
  • the particular YouTube video is of an Australian free-to-air broadcast, that is an ABC, SBS, Channel 7, Channel 9 or Channel 10 program; and
  • the particular YouTube video has been posted by the Australian free-to-air broadcaster – not somebody else.  It is more likely that the broadcaster themselves has posted the video where the video is contained on a partner broadcaster's YouTube Channel.  At this time, the ABC has a YouTube Channel (https://www.youtube.com/user/ABCNetwork)

Online video via the Library subscribed electronic databases -(Safetycare, Proquest video)

Yes, provided you link to the original  resource. 

  

Yes, provided you either

(a)   link to the original resource, or

(b)   make the material available according to the requirements of the copyright owner (contact the Library Staff if you are unsure). 

If permitted by the copyright owner to upload material to eCampus (ie Safetycare Montie videos), provide an appropriate APA citation with  the link.

Online video (YouTube, etc)

You may stream YouTube videos to a  class under section 28 of the  Copyright  Act, provided it is for educational purposes, not for profit, and is to bona fide PWA students.

If embedding the YouTube video into a  powerpoint presentation, provide an  appropriate citation.

See 'Performance and communication of works and audio visual material in class – What am I allowed to do?' for further information on when section 28 will apply.

You can embed  a YouTube link into your  eCampus course, provided that the uploader of the video has made that functionality available.

Avoid downloading (making another copy) of  YouTube videos, as this breaches the YouTube  terms of use. 

Videos created by  PWA

Yes. 

 

Yes.

You can embed a link to the video if it is on the  PWA YouTube channel.

You can upload the video to eCampus.

 

Images from print  books

Yes, under Part VB, with citation.

If using the image in a powerpoint  presentation, include an appropriate  attribution and link to the Electronic Use  notice.

 

Yes, under Part VB with an appropriate attribution  and Electronic Use Notice.

Images from the Library’s licensed electronic databases

Yes,  under Part VB with an Electronic Use  Notice. 

Yes, subject to terms and conditions of the  licensed databases. See examples of how to link  to them.

Images from the  internet

Yes, if in the public domain.

For images not in the public domain: Yes,  under Part VB with citation.

Yes, if in the public domain.

For images not in the public domain: Yes,  under Part VB with an Electronic Use  Notice. 

Images taken by SMTAFE

Yes.  Images taken by SMTAFE Marketing  can be used freely in your resources for  educational purposes.  Attribute as © South Metropolitan TAFE.

Yes.  Images taken by SMTAFE Marketing can be  used freely in your resources for educational  purposes.  Attribute as © South Metropolitan TAFE.