Copyright Extra: Commercial For Copyright Courses

The information on this page is solely concerned with courses that are considered commercial for copyright purposes. Other courses that we may label commercial, can still use content under the educational licence and exceptions.

Please note: the content of this box is under review

For copyright purposes, a commercial product is a product developed by TAFE NSW and sold to external clients including organisations, government departments or other RTO's (3rd Parties)

Please note that we are currently seeking advice about sales to other TAFE Australia jurisdictions.

This can be a product:

• where the 3rd party is sold the product and retains the IP

Or

• where the 3rd party is in a revenue share arrangement with TAFE NSW

If you are unsure about your particular course definition, please contact the designated copyright contact for your area.

What is not a commercial course for these purposes?

• any mainstream course
• any full fee course we run where we retain all the revenue, including any course we run ourselves for a third party

Items previously copied under the following Educational Licences and Exceptions are not available for use in commercial for copyright courses

Can not use:

• s113P: The Text and Artistic Licence scheme

The current advice from the National Copyright Unit (NCU) is that this type of content is not OK if we are selling to another educational organisation, even one that is covered by the same licences and exceptions. This is currently with the NCU Lawyers for confirmation and clarification (May 2022).

• s113E: Disability organisational exception and s113F: Disability fair dealing exception

These exceptions relate to individual students.

• s200a: Flexible dealing exception

Most commonly used by us to format shift and copy sound recordings and film content.

Can use:

• Attribution  (CC BY)

This licence lets you distribute, remix, tweak, and build upon others' work, even commercially, as long as you credit the original creator. 

• Attribution-ShareAlike (CC BY-SA )

This licence lets you remix, tweak, and build upon others' work even for commercial purposes, as long as you credit and licence the new creations under the identical terms. 

• Most Open Education Resources (OER) are licensed under Attribution (CC BY) and Attribution-ShareAlike (CC BY-SA).

Can not use

• Attribution–NonCommercial  (CC BY-NC)
• Attribution- NonComercial-ShareAlike (CC BY-NC)
• Attribution-NonCommercial-NoDerivs   (CC BY-NC-ND)

What is the difference between CC 4, CC 3 or CC 2?

These are just older versions of the licences. Series 4 was introduced in 2013 and includes international licencing.

Selected links to resources:

Can Use:

• TAFE NSW created images.
• Link to or embed images from the internet.
• Licence free images. 
• CC licences (CC BY) & (CC BY-SA).
• Adobe licenced images? Currently being confirmed. 

Can not use:

• CC non-commercial licences (CC BY-NC); (CC BY-NC-SA) & (CC BY-NC-ND)
• Items we have received permission to use unless the documented permission includes use in commercial courses.
• Getty images. Our licence only covers educational use.

Watch out for:

• Spending too much time trying to track the copyright on existing images. It is often more cost-effective to source new images.

Can use:

• Linking to or embedding website content is fine.
• Content published under CC licences (CC BY)  & (CC BY-SA).
• Content marked free to use for all uses. Check for Copyright or Terms of use statements usually found in the footer of the page.

Can not use:

• CC non-commercial licenced content (CC BY-NC); (CC BY-NC-SA) & (CC BY-NC-ND).
• Content for which we would rely on s113P, ie the 10% rule. 

Watch out for:

• Consider that the content may move or change over time. Once sold we may not have the opportunity to update the course.
• It may be worth getting permission to copy content off as PDFs. Any permission sought would have to include an acknowledgment that it will be used in a commercial course.

Can use:

• TAFE NSW created content.
• Licence free videos.
• Linking or embedding to non-copyright infringing content on youtube etc. Check for the owner of the content. Sometimes it is the copyright owner using a "username".
• CC licences (CC BY) & (CC BY-SA).
• Thumbnails can be used to illustrate embedded content.

Can not use:

• Content from subscription video databases such as SafetyHub and ClickView- these are only authorised and accessible to our students and staff.
• Links or embedded copyright infringing content on Vimeo, YouTube or other platforms.
• CC non-commercial licenced content (CC BY-NC); (CC BY-NC-SA) & (CC BY-NC-ND).

Watch out for:

• ABC Library sales content uploaded by other users- unlikely that permission has been granted.
• Cost of content. For instance, the ABC charges $60 per second. You may have to spend a fair bit of time negotiating access and cost.

Can use:

• TAFE NSW created content.
• Public Domain and out of Copyright content.
• (CC BY) & (CC BY-SA) licenced content.

Can not use

• Books, chapters, articles and other content from subscription databases.
• Content copied under s113P licence.
• CC non-commercial licenced content (CC BY-NC); (CC BY-NC-SA) & (CC BY-NC-ND).

Watch out for: 

• Copyright infringing websites such as Course Hero. These sites specifically state that they do not warrant the legitimacy of the content that users have uploaded.