Copyright in the digital world
VITTA Presentation
1 June 2011
Sylvie Saab
National Copyright Officer
National Copyright Unit
Smartcopying website
National Copyright Guidelines for Schools and TAFEs.
Practical and simple information sheets and FAQs.
Interactive teaching resources on copyright.
Search the site for answers to your copyright questions.
New technologies
Teachers are using a variety of new
technologies in the classroom.
This includes:
• interactive whiteboards
• wikis and blogs
• YouTube and iTunes
• mobile devices including iPods, MP3
players and mobile phones.
Digital content repositories
Many schools and jurisidictions are also creating
content repositories.
In most cases, access to these repositories is
password protected.
A content repository is a digital space where content
can be stored, accessed and shared amongst a group
of people. This includes learning management
systems such as Moodle, BlackBoard and ClickView,
intranets, portals, interactive whiteboard galleries and
media libraries.
What can teachers copy and
communicate on these technologies?
There is a lot that teachers can do on these
There are:
A. Statutory Licences
B. Free Use Exceptions
which allow schools to use copyright
materials without the permission of the
copyright owner.
Part VB: Statutory Text and Artistic
Under this licence, a teacher can copy and
communicate literary, dramatic, artistic and
musical works subject to copying limits.
This licence covers textbooks, newspaper
articles, journal articles, paintings, diagrams,
photographs, animations, song lyrics, plays,
poems and maps in hard copy and electronic
form including free and publicly available
internet sites.
Statutory Text and Artistic Licence
Has two schemes:
1. Hard Copying: photocopying hard copy print
and artistic material.
2. Electronic Use Scheme (EUS): copying
and communicating electronic print and artistic
Statutory Text and Artistic Licence
Common activities covered by the EUS include:
Scanning a hard copy book.
Printing, saving and downloading material from the internet
(e.g. online articles and images) and electronic resources
such as CD-ROMs and E-books.
Uploading material onto a digital repository, school intranet,
learning management system (LMS), class wiki or blog, or
interactive whiteboard.
Copying material on to potable devices including iPods,
MP3 players, mobile phones and a USB.
Statutory Text and Artistic Licence:
Copying from websites
Some teachers mistakenly believe that material available
on the internet is free of copyright.
This is not true. Internet material is protected by copyright!
Some websites are ‘free for education’ – this means that
material on the website can be copied for educational
Website terms and conditions will determine whether a
website is ‘free for education’.
For further information on website terms and conditions, see information sheet
‘Understanding Website Terms and Conditions’ on the Smartcopying website:
Website terms and conditions
• Schools pay to copy and communicate material
where the website:
Contains no terms or conditions of use (or no terms and
conditions but a 'standard' © notice).
Contains the following in its terms of use:
• personal use permitted (including personal, noncommercial use);
• copying not permitted;
• any reference to copyright protection such as '©'.
Website terms and conditions
Terms and conditions
Not free
Personal use
Personal, non commercial
Personal and non commercial
Non-commercial use
Personal or non commercial
Use in your organisation
Free copying
Free for education
© name and/or year and no terms of use
No copyright © name and/ or year or no terms
and conditions
Copying not permitted
All Rights Reserved
Statutory Text and Artistic Licence:
Copying limits
Limits on copying:
• 10% of a literary work or one chapter of a book, 10% of
words on a website or CD-ROM.
• One article from a journal, more than one article if on the
same subject matter.
• Can copy the whole work if:
it has not been separately published
or is not commercially available within a reasonable time at
an ordinary commercial price.
For more information, see the “Education Licence B” in the
“National Copyright Guidelines” at:
Statutory Text and Artistic Licence:
Simultaneous Storage Rule
The Statutory Text and Artistic Licence does
not allow for two parts of a work, e.g. two
10% excerpts of a text book, to be online at
the same time.
To minimise risk of infringement, measures
must be taken to restrict access to this
material to relevant classes only.
Statutory Text and Artistic Licence:
Mandatory notice
You must attach a mandatory notice to all
copies made available on an interactive
whiteboard, LMS, wiki, blog or school
This noticed is required by the Copyright
A copy of this is available on the Smartcopying website at:
Statutory Text and Artistic Licence:
Remuneration agreement
This year, schools entered into a commercial
agreement (‘Remuneration Agreement’) with the
Copyright Agency Limited (CAL) for rates paid under
the Statutory Text and Artistic Licence.
A single rate of $16.00 per FTE is paid for both
hardcopy and electronic copying. Each year, the rate
will increase by CPI.
The Remuneration Agreement will expire in 2012.
Prior to the Remuneration Agreement, Schools paid
an interim FTE rate of 93.5 cents under the EUS.
Statutory Text and Artistic Licence:
Photocopy rates
Prior to the Remuneration Agreement, photocopy rates were based
on volume copying captured through the sample survey done in
selected schools each year.
Literary work (inc. timetables)
Artistic work (inc. graphs and
Short story or play
Overhead or transparency
Hardcopy costs on the rise
Costs under Part VB Hard Copy Scheme
Australian Schools 2001 - 2008
School CAL Photocopying Licence Fees
Part VA Statutory Broadcast Licence
Covers the copying and communication of:
• Off-air television and radio broadcasts
• Podcasts and webcasts which have originated as
free-to-air broadcasts and are available on the
broadcaster’s website
Doesn’t cover podcasts/webcasts:
• from Pay TV sources
• which have not been broadcast
For more information see:
“Education Licence A” in the “National Copyright Guidelines”:
Part VA Statutory Broadcast Licence
No limit on how much you can copy.
Format shifting is permitted.
If you want to put a copy on an interactive
whiteboard, LMS, wiki, blog or school
intranet, you must attach a notice.
This notice is required by the Copyright Act.
A copy of this notice is available at:
Agreement with Screenrights
In 2010, schools began negotiations with
Screenrights for a new FTE rate.
Prior to finalising the new rate, Screenrights provided
copying data for the years 2007, 2008 and 2009.
This data was compiled from copying data collected
from schools during survey periods as well as
copying data provided to Screenrights from
Resource Centres.
Screenrights data
The data demonstrated some alarming
Schools copying increased 45% from 2007 – 2009
The copying from Resource Centres on behalf of Schools
increased 214%.
The above equates to an average of 181%
increase in the copying and communication
of broadcasts under the Part VA Statutory
New rates
Set out below are the rates under the
Screenrights licence:
• 2010/11 - $4.77 per FTE (inclusive of CPI)
• 2011/12 - 5% increase: $5.01 per FTE (plus CPI)
• 2012/13 - 5% increase: $5.26 per FTE (plus CPI)
• 2013/14 - 5% increase: $5.52 per FTE (plus CPI)
• 2014/15 - $5.52 per FTE (plus CPI)
s28 Performing or Communicating
Material to a Classroom
• Does not apply to ‘copying’ material.
• Allows schools to perform and
communicate material in class, or
otherwise in the presence of audience.
It is a free use exception – no fees are
See information sheet:
“Performance and Communication of works and audio-visual
material – What am I allowed to do?” :
s.200AB: Flexible dealing
Rely on flexible dealing when no statutory licence or
free use exception applies to your use.
Teachers may copy videos (e.g. YouTube) and sound
recordings (e.g. podcasts, music) under flexible dealing
subject to certain requirements.
Flexible dealing will not apply where it is possible to
purchase a similar teaching resource.
Flexible dealing is a free use exception – no fees are
See information sheet:
“The New Flexible Dealing Exception – What am I allowed to do?”:
Flexible dealing requirements
1. Is my use covered by a statutory
licence or exception?
- Is my use covered by Part VB of the Act (the Statutory Text and Artistic Licence)?
- Is my use covered by Part VA of the Act (the Statutory Broadcast Licence)?
- Is my use covered by another exception?
2. Am I using this for giving
educational instruction?
Am I teaching in a classroom or remotely, preparing to teach, compiling resources for
student homework or research or doing something for the purpose of teaching?
3. Is my use non-commercial?
Am I, my students, or the school making a profit or getting commercial advantage
from this? (Cost recovery is OK)
4. Is my use a special case?
- Is my use narrow in a qualitative and quantitative sense?
- Is my use only what I need for my teaching purpose?
5. Does my use conflict with normal
6. Would I unreasonably prejudice
the copyright owner?
Covered by 200AB
- Can I buy or get a licence for this use?
- Is this use a way the copyright owner usually makes money from their work?
- Will I deprive the copyright owner of significant revenue now or in the near future?
Am I taking more than I need?
Am I exposing the material to a risk of piracy?
Am I interfering with the quality of the material?
If I answer yes to any of these questions, is there something I can do to minimise
any prejudice?
Flexible dealing uses
1. Make captioned versions of films for hearing impaired students
when it is not possible to buy the captioned version.
2. Compile short extracts of audio-visual material for use in class (e.g.
making DVD of short extracts of several films for a Film Studies or
English class) when it is not possible to purchase similar teaching
3. Convert a film or sound recording on VHS/CD to a digital file format
when it is not possible to buy a digital version of the film or sound
4. Include short extracts of music in PowerPoint teaching aids.
See information sheet:
“Flexible Dealing and the Copyright Amendment Act 2006 –
What am I allowed to do?”
Flexible dealing and ATPMs
Anecdotal evidence suggests that teachers are copying extracts of
DVDs or making digital copies of DVDs to produce educational
In doing so, they are inadvertently circumventing Access
Technological Protection Measures (ATPMs).
ATPMs are technologies which restrict access to copyright material.
Most commercial DVDs are protected by an ATPM known as ‘region
It is illegal to remove/disable an ATPM in order to copy extracts of a
DVD or format shift the DVD into digital format.
Note: Most VHS tapes are not protected by ATPMs.
See information sheets: “Format Shifting and the Copyright Amendment Act 2006 : What am I allowed to do?”
“Technological Protection Measures and the Copyright Amendment Act 2006”
Flexible dealing dos and don’ts
Do not use pirated material.
‘Just in case’ format shifting is not permitted:
Schools cannot make ‘back up’ copies of resources ‘in case’ the
original is destroyed.
Schools are not allowed to format shift their whole library or
collection (e.g. from video tape to DVD or a content
management system) 'just in case' it will be useful later on. Any
format shifting needs to be done for the purpose of giving
educational instruction in the near future.
See information sheets:
“Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?”
“Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”:
Flexible dealing dos and don’ts
Try not to copy more than you need. If you copy too large an
amount, it might not be covered by this exception.
Access to s 200AB copies must be limited to those students
who need to use the material for a class exercise, homework
or research task
Remove the s 200AB copy from the learning management
system, school intranet, class blog/wiki, portal or interactive
whiteboard gallery as soon as practical once it is no longer
required for the class, homework or research task.
Label s 200AB copies with words similar to:
‘Copied under s200AB of the Copyright Act 1968’
See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 –
What am I allowed to do?”
Snapshot summary
Copied and Communicated Under
Part VB
Type of Material
Copying limits: 10% or
1 chapter of book, 10%
of words on a website
or CDRom.
Attach notice when
Part VA
 No
copying limits.
 Can format shift.
 Attach notice when
 Limited
format shifting
cannot buy it.
 Only copy what you
 You
Images or Print
Off air television and radio
Podcasts of free-to-air
broadcasts (available on the
broadcaster’s website)
YouTube videos
DVDs and videos
Note: Most commercial DVDs are
protected by ATPMs and cannot
be copied because it illegal to
circumvent an ATPM.
Cassette tapes and CDs
Smartcopying tips…
Link to material whenever possible.
Providing a link to material is not a copyright activity. This is
because you are not actually copying the content, but rather
providing a pathway to its location on another site.
Embed material whenever possible.
Embedding is another type of linking. It involves copying the
HTML code of the film, which is often displayed in a box near
the film, and pasting it onto your website. The result of this is,
rather than displaying the link, it will show a small screen of the
film on your website.
Smartcopying tips…
All material must be attributed.
It is important that all material created and used by the school
for educational purposes is properly attributed.
This includes material that is photocopied and material that is
copied digitally.
Attribution information needs to include details of the copyright
owner and author (if different), where the material was sourced
from and when.
Attributing material is important to ensure that original material
created by a student, teacher or jurisdiction or that has been
licensed is removed from survey data and therefore is not paid
See schools labelling information sheet at: “Labelling School Material”:
Smartcopying tips…
Access to material is limited to relevant
students only
Once material is communicated to an entire school
or jurisdiction, the risk of copyright infringement
increases dramatically.
Further, limiting access to material is an important
cost management practice. CAL and Screenrights
believe that the value of content increases with the
number of people who can access and view it.
Smartcopying tips…
Material is flushed from the system
copied and communicated under the
Statutory Licences is paid for again every 12 months.
This is because another ‘communication’ of the
material is deemed to have occurred.
material from a repository that is no longer
required for educational purposes is one practical way
of managing the copyright costs.
Smartcopying tips…
Use Open Education, Free for Education and
Creative Commons material possible.
The copyright owner of this material has already given
permission for the material to be used for educational
As a result, this material is available for free!
Depending on the terms of the licence, this material can
also be modified and shared by teachers and students.
Smartcopying tips…
In summary, it is best practice to:
• Link to material whenever possible
• Limit what is copied to what is needed for
educational purposes
• Ensure that the mandatory notice
requirements have been complied with
• Ensure that all material is attributed.
Some copyright challenges
While there is a lot that teachers can copy, the
licence schemes and free use exceptions are
restrictive and complicated:
Teachers are burdened with complex copying limits.
Teachers cannot modify, share or remix material
except in limited circumstances.
The material can only be made available to parents
and the community in limited circumstances.
Open education and creative commons
material is a great alternative!
OER - Definition
Open Educational Resources (‘OER’) is a growing
trend towards openness of teaching and learning
OER are teaching and learning materials that are
freely available online for everyone to use, whether
you are a teacher, student or self learner.
OER include: worksheets, curriculum materials,
lectures, homework assignments, quizzes, class
activities, pedagogical materials, games and many
more resources from around the world.
OER: Fundamental values
OER share some fundamental
• Resources are free for any individual to use
• Are licensed for unrestricted distribution
• Possibility of adaptation, translation, re-mix,
and improvement.
Open Education Resources
Some good OER sites include:
- Curriki:
- OER Commons:
- Encyclopaedia of Life:
- Comprehensive Knowledge Archive
- Connexions:
- Teaching Ideas:
- Smart History:
The Smartcopying website lists OER:
CC Learn: A way to find OER
CC learn is a division of Creative Commons dedicated to
providing an up to date list of OER resources.
‘Free for education’ (FFE) material is similar to OER
material in that the copyright owner has given
permission for the material to be used for educational
However, FFE material may not permit a teacher to
communicate, modify or share the material. This will
depend on the terms and conditions of use of the
Many websites are FFE because their terms and
conditions allow copying for educational purposes.
The Smartcopying website lists FFE:
‘You may download, display, print and copy any material at this website, in
unaltered form only, for you personal use, educational use or for noncommercial use within your organisation’
Other Free for Education initiatives
A number of organisations have agreed to make
their online material free for education:
• Enhance TV Website
• Museum Victoria
• Cancer Council
• World Vision
Material available on these websites can be copied
for ‘educational purposes’.
The Smartcopying website lists FFE websites:
Free for Education:
The Learning Federation
The Learning Federation (TLF) delivers high quality
digital resources to schools through education
department intranets. In NSW, access is through TaLe.
TLF material can also be accessed through Scootle using
a password (
TLF resources will be aligned with the Australian
Curriculum as it develops and includes cultural material
from various museums and organisations, including:
Museum Australia
National Sound and Film Archive
Australian Children’s Television Foundation
National Library of Australia
OER and Creative Commons
Most OER resources use Creative Commons (CC)
This is because CC are well known, free, easy to use and
no lawyers are needed.
CC licences come expressed in three different formats:
Commons Deed (human-readable code),
Legal Code (lawyer-readable code);
Metadata (machine-readable code).
A creator needs only to do one thing - select the type of
licence they want from the CC website!
OER sites and Creative Commons…
OER Commons
Teaching Ideas
CC makes copyright easy...
Using Creative Commons (CC) material enables the
education sector to overcome copyright barriers.
CC material is freely available for teachers and students to
copy, modify and reuse.
This is important in the digital era where content can be
created, accessed and shared in new and exciting ways
The National Copyright Unit and CC Australia have
developed an information pack for teachers and students on
finding, using and attributing CC material. This pack can be
found on the Smartcopying website at:
What is CC?
CC creates a “some rights reserved” model.
This means that the copyright owner retains
copyright ownership in their work while inviting
certain uses of their work by the public.
CC licences create choice and options for the
copyright owner.
CC Primary Licence elements
There are 4 primary licence elements which are mixed
to create a licence:
Attribution – attribute the author
Non-commercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
See the CC information pack at:
Six standard CC licences
Attribution – share alike
Attribution - non-commercial
Attribution – non-commercial –
share alike
Attribution - no derivatives
Attribution – non-commercial –
no derivatives
Australian cultural institutes
and CC
Many Australian institutes are using CC:
• National Library of Australia and
Picture Australia
State Library NSW
Powerhouse Museum
Australian War Memorial
ABC through Pool
Public sector information and CC
Last year, the Australian government agreed in
principle to recommendations that PSI should, by
default, be released to the public free of charge
under a creative commons attribution licence.
In light of this, the Attorney General’s Department is
in the process of drafting guidelines to assist
Government agencies in adopting creative commons
or other open licences when releasing their PSI,
including legacy material.
For further information, including a link to the draft
guidelines, see:
CC and the Australian Bureau of
ABS website material is licensed under a
CC Attribution Licence:
“Unless otherwise noted, all material on this website – except the
ABS logo, the Commonwealth Coat of Arms, and any material
protected by a trade mark – is licensed under a Creative
Commons Attribution 2.5 Australia licence”
Flickr and international
The following museums and institutes have
photostreams of CC licensed images on
• Smithsonian Institute
• Imperial War Museum
• Library of Congress
• National Maritime Museum
• George Eastman House
• National Media Museum
Attributing CC material
In addition to providing details of author and copyright owner,
title of work and source, CC licences require that you state the
type of CC licence the work is available under along with a link
to the licence terms.
It is important to always check whether the creator has
specified a particular attribution.
Open Attribute ( is a tool recently
developed by Mozilla Drumbeat to assist users of CC material
properly attribute the CC material.
Open Attribute is a simple tool that makes it easy for users to
copy and paste the correct attribution for any CC licensed work.
For further information on attributing CC material, see:
Where should I place the
For text resources (e.g. books, worksheets, PowerPoint slides
etc), include the attribution details next to CC work or as the
footer along the bottom of the page on which the CC work
For video works, include the attribution information near the
work as it appears on screen during the video.
For sound recordings (e.g. podcasts), mention the name of the
artist during the recording (like a radio announcement) and
provide full attribution details in text near the podcast where it is
being stored (e.g. blog, school intranet, learning management
system etc).
For further information on attributing CC material, see:
Example: Image licensed under CC Attribution
Eid Mubarak by Hamed Saber available at
Smartcopying resources
Information sheets/guides
Using Digital Content Repositories:
Copyright Compliance Manual for Schools:
Copyright Compliance Manual for TAFE:
Understanding Website Terms and Conditions:
Creative Commons information pack:
Using Wikis and Blogs:
Using YouTube:
Using iTunes:
Mandatory statutory notice for:
Part VA:
Part VB:
For more information
Sylvie Saab
(02) 9561 8730
Alison Davis
(08) 9319 5549
Delia Browne
(02) 9561 8876
Smartcopying Website

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