Copyright: FAQs

1. I want to create learning resources, what do I need to know about copyright?

Lecturers are encouraged to use Creative Commons, free for education and other copyright friendly/education friendly resources listed on this guide. Alternatively, see 'terms of use' of a resource or seek copyright permission.

2. Can I copy material by using/relying on Part VB of the Text and Artistic licence (aka 10% rule)?

Under the Statutory Text and Artistic licence Part VB there are specific limits on how much third-party content you can copy, depending on the source. It is generally preferred that you try to seek copyright permission from the copyright owner, especially if you need to use the content for longer than a year, or if you need to use more content than allowed under the licence.

The copying limits under the licence are listed below. You can copy:

from a Hardcopy source:

• one chapter or 10% of a book (whichever is greater)
• one article from a magazine, newspaper or journal. Two or more articles can be copied if topics are related
• all of an image if it is used to illustrate the surrounding text.
• However, if an image is being used on its own, you need to check first if it is commercially available within a reasonable time and if so, purchase it.

from an Electronic source:

• 10% of words of an electronic work (e.g. website)
• The whole image

Note: It is advisable to check 'terms of use' of the electronic work/source or seek copyright permission before relying on Part VB to copy from electronic sources.

If the 10% rule is applicable to the use of the work, then you can use the portion of the work for two years in a row – this will count as two separate uses (if picked up in the CAL survey) and a fee will be incurred for each year.

Therefore, it is preferred that you seek permission if you are planning to use any third party materials for several years.

4. If I am using materials published in a foreign country – which law would I follow?

You would follow whichever country you are in. More information

Answer

See "Can I copy material using the 10% rule?"

2. I am preparing materials to go on Blackboard/Moodle and want to know if I can use some images as well as text from several training manuals that were published in 1975?

See copying from a Hardcopy source: "Can I copy material using the 10% rule?"

The examples below illustrates how the copying limits of the Statutory Text and Artistic licence (Part VB) work in relation to material stored on a CMS. (e.g. Blackboard/Moodle)

Example 1: A lecturer scans a cartoon and uploads it onto the CMS on 1 February 2008 ready for the start of the TAFE year. At this time, the lecturer has made a 'reproduction' and a 'communication' under the Copyright Act, both of which must be paid for. At the end of 2008, the lecturer decides to leave the cartoon on the CMS as she will use it again for teaching/delivery in 2009. On 1 February 2009, the Copyright Act will deem that another reproduction and another communication of the cartoon has been made. This will happen for each year that the cartoon remains on the CMS.

Example 2 (Simultaneous Storage): Lecturer A has placed chapter 4 of a childcare textbook on the CMS. Lecturer B wants to store chapter 6 of the same textbook on the CMS for use with their class. Lecturer B is not allowed to put chapter 6 on the CMS until chapter 4 is removed.

For more information refer to page 10 of ‘Using Digital Content Repositories: Copyright Compliance Manual for TAFE’ Source: Smartcopying. (The Smartcopying website content is licensed under a Creative Commons Attribution-ShareAlike 3.0 Australia License)

4. Can I scan an article and email it to my colleague for general reading/maintaining current awareness in education?

Under Fair Dealing (research and study purposes), you are able to. For more information on Fair Dealing:

http://www.smartcopying.edu.au/scw/Jahia/lang/en/pid/668

5. Can I make a PowerPoint available on Blackboard/Moodle (if the PowerPoint is from a CD-ROM) that came along with the purchased teaching resource?

Most CD-ROMs are purchased with a licence which may override the Statutory Text and Artistic licence and other permitted uses provided under the Copyright Act. Therefore, it is advisable to check the terms and conditions of the licence or seek copyright permission.

http://www.smartcopying.edu.au/scw/go/pid/678

 6. I want to scan and upload two magazine articles to my Blackboard course. Am I allowed to do it and how do I label them?

Yes, under the Text and Artistic licence (Part VB), you may copy one article from a magazine, or more than one from the same issue if on the same subject matter.

Label as follows: Copied Under Part VB, sourced from [Author, year, title of source, page numbers.]

If you wish to use them in the long term, it is best to get permission from the copyright owner.

Answer

Under the Statutory Text and Artistic licence Part VB, you can copy :

• The whole image if the explanatory text accompanies it.
• The whole image on its own if it is not available separately for purchase within a reasonable time at an ordinary commercial price.

Source: Smartcopying

Place the attribution directly under the image. See terms of use of the image or refer to the Library Copyright Tool for more information.

2. Can I use clip art from the Internet in a teaching resource?

You should always check the terms and conditions of the websites as many websites allow for the free educational use of clip art, e.g. most uses of Microsoft Clip Art by educational institutions is free.

Lecturers should become familiar with the following websites which allow for the free educational use of clipart:

• the Open Educational Resources website: www.oercommons.org
• the Creative Commons website:
• www.creativecommons.org
• the Creative Commons educational material portal: http://creativecommons.org/education/

Place the attribution directly under the image. See terms of use of the image or refer to the Library Copyright Tool for more information.

3. Can I use cartoons from the Internet to jazz up my teaching resources? (e.g. PowerPoint, Blackboard/Moodle, learning guide)

Under the Statutory Text and Artistic Part VB licence, you may use the whole image. However, it is advisable to check the terms of use of the website.

To attribute:

If relying on the terms of use of the website to copy, attribute according to the website.

If relying on the Text and Artistic Part VB licence to copy, please see Label 1 of the Library Copyright Tool.

Material on the Internet is protected by copyright. It is important to realise that the material/content that comprises a website will be protected by copyright. Examples of materials include:

• A logo (artistic work)
• Text (literary work)
• Photographs or still images, drawings, charts, maps (artistic works)
• Moving images (audio-visual work or film)
• Music (musical work and sound recording)
• Other sounds (sound recordings).

For more information: see http://smartcopying.edu.au/scw/go/pid/680

You can look at approximately how many pages there are on the website/online article and approximately how many words/paragraphs per page. (For example, if there were 10 webpages containing roughly the same amount of text then you could only copy the equivalent of one webpage).

4. What is the public domain? And how should I attribute it?

Once the period of copyright protection expires, the work is in the ‘public domain’. This means that anyone can copy the work without having first to obtain permission from the copyright owner.

Some people mistakenly believe that once a work is published or available for free from the Internet, it is in the ‘public domain’. This is not true. Publicly available Internet material, such as an online newspaper articles or images on Google or Flickr, are all protected by copyright.

Public domain works are works where the period of copyright protection has expired. (Generally 70 years after the author's death). Works can be freely used without permission or payment.

Merriam Webster's dictionary defines Public Domain as being the state of something that is not owned by a particular person or company and is available for anyone to use.

More information on the duration of copyright for different types of material.

To attribute, the author/website will usually state how the work should be attributed.

 Answer

An institute may be allowed to format shift copyright material (e.g, a video to DVD or DVD to digital format) provided that the format you require is not available for purchase and all of the requirements under Section 200AB Flexible Dealing are met :

1. It is not covered by an existing statutory licence or exception

2. It is for the purpose of educational instruction and is not for profit

3. It isn't "unreasonable"

See also information on format shifting here.
Note: Format shifting cannot be done if the video has access control TPM (it is advisable to seek copyright permission).

2. Can I rely on section 28 of the Copyright Act to make a film/DVD available via a Content Management System (CMS) for access by students, including distance education students, for the purpose of a particular class?

Section 28 allows copyright material to be performed and communicated in class, or as part of educational instruction. This includes showing commercial DVDs and playing a film from a CMS such as Blackboard/Moodle or ClickView. In addition, films can be made available via a CMS for access by distance education students.

Refer to ‘Performance and Communication in Class’:http://www.smartcopying.edu.au/scw/go/pid/535 for full details of the free exception (section 28) in the Copyright Act. This information sheet includes a table and surrounding text which states that you can upload content in a CMS for the purpose of communicating that content in a class as long as it is removed at the end of the lesson.

For information on format shifting commercial dvds, refer to: 1. Can I place a commercial DVD on Blackboard/Moodle or ClickView if I am unable to purchase the digital copy?

3. Can I embed YouTube videos in Blackboard/Moodle instead of placing a link?

Generally you may embed a link to a YouTube video. In some cases this will not be possible as the uploader of the YouTube video will have disabled this functionality. In this case, you should not pursue embedding the link.

It is important to check the "terms of use" of the website you are copying from to see what you are allowed to do. Alternatively, provide a link to the website instead of embedding the information.

4. Can I copy programs from subscription television and show them in class?

Yes, this is permitted under the Statutory Broadcast Licence (Part VA of the copyright act). The licence however does not cover making copies of podcasts of subscription TV programs available on the broadcaster’s website. For more information, see http://smartcopying.edu.au/scw/go/pid/679

It is advisable to check the terms of use of the website or seek copyright permission.

Refer to question: 1." Can I place a commercial DVD on Blackboard/Moodle or ClickView if I am unable to purchase the digital copy?"

After reading the question above and have satisfied the requirements under Section 200AB Flexible Dealing, it is best to go through the AV section to make sure that access protection controls are not being circumvented.

 Answer

For information on copyright labels or attribution, first check how the website/copyright owner wants you to attribute. If no information is given, then refer to the sources below:

1. Library Copyright Tool

2. Smartcopying website

3. Flow chart of attributing text and images

Materials which you have created for your institute (and therefore belong to the institute) will need to be attributed with the copyright symbol ©, name of your institute and year. This will be placed at the footer of your teaching resource. See the Library Copyright Tool.

If this is not done, then CAL will assume that the work has been copied from others and a fee will incur.

Step 1: Attribute/label:

If you are appropriately using the content under Part VB of the Text and Artistic licence then a form of attribution needs to appear on every digital page that utilises third party content and any pages that can be printed. Attributions can either be in a footnote at the bottom of the page or next to the content. See Smartcopying website or the Library Copyright Tool for more information on correct attributions.

Step 2: Include the Part VB notice:

For the electronic communication of works, a Part VB notice (EUS) must also be included. It can be provided by inserting a link from the attribution information. The notice can then be linked to as required.

If this is not technologically possible, then the notice may be displayed on the screen as the user logs into the program. See:

Label 1 of the Library Copyright Tool for more information.

Remember to attribute work you have created yourself. See Label 4 of the Library Copyright Tool.

When relying on the Statutory Educational Licences to copy materials, the following notices must be included:

Part VB notice EUS (Text and Artistic licence)

Where a work is copied and communicated in electronic form (e.g by email, PowerPoint or being made available on Blackboard), it must include the prescribed notice. See Education Licence Notices: Sample Form of Notice

A practical way of including this notice is to insert a link to the notice from the attribution information. The notice would be uploaded onto Blackboard and then linked to when required.

        For example:

Copied under Part VB of the Copyright Act 1968 S. Brooks, www.animalfarm.com.au/photos/2007/htm, accessed 10 May 2009 Part VB Notice: http://www.smartcopying.edu.au/scw/go/pid/705

Where it is not possible to include a link to the notice from the attribution information, the notice may be displayed (flashed) on the screen. More information

Part VA notice (Broadcast licence)

Like the Statutory Text and Artistic Licence, the Statutory Broadcast licence also requires a similar notice to be attached to copies of radio and television programs.

See here for more information.

5. I have a number of "practicals" in my learning guides (i.e. experiments that I have seen or read about in books or on websites). Do I need to attribute each of them?

When in doubt, attribute. Organise and keep track of your information using Microsoft OneNote or social bookmarking websites such as Delicious or Diigo.

6. I have received permission to use an icon on my Blackboard course from the copyright owner. Which label do I use and what do I do with the authority?

• Refer to the Library Copyright tool and use label 2. Label as follows: Reproduced and made available for copying and communication by Central Institute of Technology for its educational purposes with the permission of [name of copyright owner].

• The permission to use the image needs to be entered on the copyright register

• This register is kept initially by the portfolio area and then pooled with others in the library copyright folder.  Or you may forward all granted permissions to your librarian.

7. I want to upload two magazine articles to my Blackboard course. Am I allowed to do it and how do I label them?

Yes, under the Text and Artistic licence (Part VB), you may copy one article from a magazine, or more than one from the same issue if on the same subject matter.

Label as follows: Copied Under Part VB, sourced from [Author, year, title of source, page numbers.]

If you wish to use them in the long term, it is best to get permission from the copyright owner.

 Answer

1. Is there a form letter to write to owners of copyright for use of their material?

Refer to the Library Copyright Tool for the Request permission form.

2. Where is the copyright register?

The copyright register stores all information pertaining to copyright permissions that have been granted. You may send it to your librarians and we can record them in our main register.