Copyright Extra: Label Formats

Examples

Clip art sourced from Silhouettes AC under a free licence.

Clip art sourced from clker.com under a free licence.

Label recipe

Clip art sourced from [name of source] under a free licence.

Notes

• Always check the terms and conditions of use, and try to use openly licensed clip art - such as from the open clip art library at Clker.com or the icons and 3D images available through web-based Microsoft O365. 
  • Note that the pictures made available through Microsoft O365 are Creative Commons (CC) items that still require CC attribution/labelling for use in TAFE NSW products. 
• It is often not practical to label each individual image, so include the notice in the footer of the page on which the images appear, or note it on the attribution table.

Example

Floristry by WorldSkills UK under CC BY 2.0 

Label recipes

Whole image:

[Title of the work linked to URL] by [Author/creator in the format nominated by the owner if so specified]  under [insert licence type with a link to licence]

Print extract from website:

Extract from [Title of the work linked to URL] by [Author/creator in the format nominated by the owner if so specified]  under [insert licence type with a link to licence]

Where changes have been made and the CC Licence allows you to make changes:

This resource is based on [Title of the work linked to URL] by [Author/creator in the format nominated by the owner if so specified] under [insert licence type with a link to licence]

Notes

• If there is no title given, include a short descriptive title. You can shorten descriptive file name titles.
• Include any particular attribution format and links the copyright owner has prescribed.
• Note that for resources intended to be primarily hard copy, any hyperlinks in labels should be fully written out.
• Links to the various CC licenses.

For a list of CC content sites, see the Copyright LibGuide Copyright fee free resources tab.

Example

Plumbing fittings by Eugene Brennan under Pixabay License

Label recipe

[Title of the work linked to URL] by [Author/creator] copied under [Name of site linked to licence] licence or terms of use

Notes

• Image examples include Pixabay and Unsplash
• Despite sites saying they are “attribution free” we MUST still label to identify the material as not coming under the cost of the Educational Licence.
• Regardless if images are later moved behind a paywall, we are able to keep the image and the old label as those were the conditions that were in effect at the time.
• If you are not able to provide a link to a separate licence or terms of use page, use the Terms of Use labelling option.

Hints:

• You can use the web name or full name of the creator. If no creator, write Unknown.
• If no image title is assigned by the creator, give a short descriptive title.

2 links: 

• Link the web site of the image to the image title or description.
• Link to the relevant licence page of the database. (Hint: look in the footer or the "About us" sections of the website).
• Note that for resources intended to be printed, any hyperlinks in labels will need to be fully written out.

This section in draft

Follow the general  guidelines for Free Licence: Attribution Not Required

Expand the label to include any requirements mandated by the copyright owner that are not covered by the label, for instance, links to websites, and company naming conventions or specific copyright statements

The link to the licence should be a link to the page where any details regarding how the attribution should be presented.

If you are not able to provide a link to a separate licence page, use the Terms of Use labelling option.

Example

Lillian Russell by William McKenzie under Public Domain

Label recipe

[Title of the work linked to URL] by [Author] under Public Domain

Notes

• You do not have to include any information you cannot locate. However, you should make a good effort to find the relevant information for the material you are planning on using. 
• If the item is in the public domain but the source provides the relevant CC Licence, use the same format as for CC
• Video or AR/VR. No need to label resource. Must keep the equivalent information with the Product Development Site

Example

Reproduced by TAFE NSW with the permission of 3M 2019

Label recipe

Image example:

Reproduced by TAFE NSW with the permission of [name of Publisher or copyright owner] [Year] (of permission)

Print example: 

Extract from [Title of work, Author, p range] Reproduced by TAFE NSW with the permission of [name of Publisher or copyright owner] [Year] (of permission)

Web example:

Extract from [Title of work linked to URL] Reproduced by TAFE NSW with the permission of [name of Publisher or copyright owner] [Year] (of permission)

Notes

• Includes images, video, documents etc used with permission of the publisher or individual creator. Includes teachers/employees personal work, students work and photos of student's work.
• Note that our enrolment documentation does not provide automatic permission to use student work in learning resources. You must get individual permission for each instance of work used. An Authority to publish form does not currently cover use of student work in learning resources, only marketing material.
• Document permission information- you may be asked to produce it for an audit.
• If you are in the position of requesting permission- ask for as broad permission as you think will be acceptable- ie not limited to a specific course or time period.
• Consider the cost of your time in getting permission for resources. It may be more cost effective to copy small amounts under the Text and Artistic Works Licence.
• If the copyright owner wants specific information added to the label, you need to put that in the label. This might include a specific name for the company or a link to a website.
• If permission is limited, add this to the label eg: for use in this course resource only.
• Video or AR/VR No need to label resources. Keep the equivalent information with the Product Development Site.

This section in draft

Use this option if the item ( eg a PDF) states that the content is free to use for your purpose (e.g., copy, reproduce and distribute) but you are not able to link to a separate licence page. E.g., the copyright terms of use are a statement on the item itself 

If you are able to provide a link to a separate licence or terms of use page, use the Free Licence labelling options dependent on the requirements of the copyright owner: Free licence- no attribution required or Free Licence - attribution required.

Recipe 

Extract from [Title of work linked to URL] Reproduced by TAFE NSW under the terms of use of [name of Publisher or copyright owner], [Year of terms of use- if known]

Example

©TAFE NSW 2021

Label recipe

©TAFE NSW [year]

Notes

Created by, or on behalf of TAFE NSW

• No need to credit individual creators
• Include year of creation. If the year is not known you can leave it out.
• Items previously crediting an old TAFE NSW RTO or TAFE NSW unit should be relabelled TAFE NSW when reused. No need to retrospectively change labels.

When the whole training product is TAFE intellectual property (IP), including most or all of the images, a blanket label can be used in:

• The footer of a document or website OR
• at the end of the Training Product, for any other file type where a footer is not available (e.g. video, audio)
• If any non TAFE IP items are included in the resource, they must be individually labelled.

Label recipe

Copied under s113F    or     Copied under s113E

Website:    

Copied under s113F/E, [Owner/Creator], [Title linked to URL] 

Print book:           

Copied Under s113F/E, [Author] [Title of the work], [Name of publisher/institution], [Place of publication], [ISBN, p or p range]

Print journal:    

Copied Under s113F/E, [Author] [Title of the article], [Name of Journal], [Day, Month, page range]

Notes

• Copied under s113F (Organisational disability exception)
  • The copyright material is not commercially available in the format required by the student and with the appropriate features they require.
• Copied under s113E (Fair dealing exception)
  • Allows teachers to copy materials for students with a disability provided the use is ‘fair’. 
  • You can rely on this exception regardless of whether the material that your student requires is commercially available.
  • Other students can have access to this material however must be password protected in an LMS
  • Example could be a transcripts created by TAFE NSW for YouTube and commercial videos to meet accessibility requirements

Example and label recipe

Copied under s200AB [insert source]

Notes

• s200AB may be used where the Text and Artistic Works Licence or one of the other exceptions can't be relied upon. 
• As we no longer have a Statutory Screen and Broadcast Licence, and therefore can't rely on that licence, it is most often used for copying  films where these are not commercially available in the required format (format shifting).
• When relying on section 200AB, you must ensure that copying:
  • Is not already covered under any copyright exceptions or the terms of our Text and Artistic Works Licence- you can't use it to exceed the limits of that licence.
  • Is for identified educational instruction. It does not cover "just in case" ie to back up a collection you might use in the future
  • Is not for commercial advantage or profit 
  • Does not conflict with the normal exploitation of the copyrighted material by the copyright owner. 

As part of not conflicting with the normal exploitation of the copyrighted material, material can only be shown when needed and must be taken down as soon as possible. This often renders it unsuitable to be included in online course content.

Label recipe (student-facing assessment)

• No label is required. Mark items with a number.
• Include an end statement in the student facing assessment: "Marking guide contains full attribution for [items/images/tables/other] marked 1-[10]."

Label recipe (teacher-facing marking guide)

For any s113P items or items you have not previously sought permission for:

Copied under s200(1A)

Notes

• The exception allows us to include content that we haven't sought permission for and for us not to be charged under s113P (Text and Artistic Works Licence)
• Only for items included in assessable exams and assessments. 
•  The exception does not apply to practice exams.

TAFE NSW best practice:

Student-facing assessment

• number the copyrighted items.
• Include an end statement in the student-facing assessment: "Marking guide contains full attribution for [items/images/tables/other] marked 1-[10]."

Teacher-facing marking guide

• Continue to label the marking guide with the appropriate copyright labels for CC content etc.  
• For any items that would normally fall under s113P, you can label these items: "Copied under s200(1A)" These items will then be exempt from any audit that determines the cost of our Text and Artistic Works licence.
• For any items that you have previously sought permission for, use the permission label format. If you have not previously sought permission, you can use the "Copied under s200(1A)" label.
• Please note that if you subsequently re-use content that would normally require permission or an s113P label in a non-assesment item, you will need to use the s113P label or seek permission.

Further information is included in the Smartcopy link below, but please note the TAFE NSW best practice guidelines above.

Label recipe

© Commonwealth of Australia [insert relevant year], modified by TAFE NSW [Year].

Notes

• TAFE NSW can modify/enhance older Flexible Toolboxes to use in current courses. 
• TAFE NSW is entitled to charge a cost recovery fee for distribution or communication of the original work and use the material within or for the services of TAFE NSW. Otherwise no fee may be charged.
• If we develop an enhanced version of the material for:
  • non-commercial distribution (eg cost recovery); notification is not required.
  • commercial distribution*; you must provide a copy of the Enhanced Version and the proposed pricing for the Enhanced Version to the Commonwealth at least twenty (20) Business Days prior to distribution.

*For the purposes of our normal business, including commercial courses, TAFE NSW is not considered commercial in this sense. The exception would be if we packaged the content into learning materials that we sold to a third party. 

Please note that you are not able to use the following excluded materials:

• the Commonwealth Coat of Arms
• any material protected by a trademark
• logos
• any third-party material.

Label recipe

 Originally copied under NEALS © DET NSW [Year]

Notes

• Will relate mostly to content that has not been updated
• Ok to use any content copied when we were a party to the NEALS agreement.
• Note that most works that would have been covered under NEALS will now come under CC BY 4.0. Check the copyright page on the relevant government website for details. For new content, use the CC licence statement in the label

Example

Copied under s113p, Embrace Kindy, Three children

Label recipe

Website:    

Copied under s113P, [Owner/Creator], [Title linked to URL] 

Print book:           

Copied Under s113P, [Author] [Title of the work], [Name of publisher/institution], [Place of publication], [ISBN, p or p range]

Print journal:    

Copied Under s113P, [Author] [Title of the article], [Name of Journal], [Day, Month, page range]

Subscription item unable to be deeplinked ( ie content from Standards Australia)

Copied Under s113P, [Author if available] [Title of the work], [Name of publisher/institution], [Database name & link] [Section/p or p range]

Notice for Larger Handouts

No longer mandatory but advised

This material has been copied [and communicated to you] in accordance with the statutory licence in s113P 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.

Notes

• A user name is an acceptable author/creator name. If no owner/author can be located you can write 'Unknown'.
• Try to use the creator's title but if it's too long or non-existant, you can make a short descriptive title.
• Copy up to 10% of words from a website or text. Copy a whole image or diagram. See the chart on the Copyright Guide for further guidance.
• Insubstantial copying doesn't need to be labelled and is not charged under the licence. See the box on insubstantial copying on the Copyright Guide for more information.
• If you need more than the agreed amounts allowed under the licence, you will need to seek permission from the publisher/copyright owner.
• For online documents link to the website, don't copy. Linking does not cost us anything under the licence scheme.
• For subscription database items deeplink to the item if available. Library staff can advise and help you with deeplinks. Linking does not cost us anything under the licence scheme.
• Don’t copy from, or link to copyright infringing websites. Be careful of websites like Course Hero who state they do not take responsibility for the content posted by users on their sites.

Example and label recipe

Source unknown

Notes

• For items we feel we must keep but have become separated from their original copyright holder information over time.
• Every effort should be made to locate the original copyright owner- ie conducting a reverse image search.
• Only to be used as a last resort. You should try to replace the content with content you can attribute and label.
• Using Source unknown recognises that we have attempted to locate the copyright owner and are not trying to pass off the item as created by TAFE NSW.
• Items labelled Source unknown will be treated by the auditor as the same as an s113P item in that they contribute to the cost of the Text and Artistic Licence Scheme.

Where TAFE NSW creates a modified version of existing third-party material using an AI platform, label the modified material as follows:

‘This version has been generated using artificial intelligence and has been copied/made available to you under the educational provisions of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Copyright Act. Do not remove this notice.’

 You must also comply with the terms and conditions of the particular generative AI tool in relation to attribution.

Attribution
The terms attribution and labelling are often used interchangeably, however, attribution is more often referred to under the Moral Rights of authors in the Copyright Act 1968 in the context of:
• A right of attribution for their work
• A right not to have their work falsely attributed
• A right of integrity of authorship
For the purpose of fulfilling our obligations under the education copying scheme (Statutory Licence) the term labelling is preferred.

Note that whilst some resources may say "no attribution required", TAFE must still label the item for copyright obligation purposes.

Referencing refers to the academic norm of acknowledging where a source cited in a work has been derived from and crediting the original author. It is not only used to credit written work but also ideas.  Academic integrity is central to referencing.

Referencing does not replace labelling as it won't include information such as permissions and licensing details.

There are a number of referencing styles that have been adapted to suit specific disciplines. The best known are Harvard and APA. TAFE NSW Libraries have produced guides to APA and Harvard.
To view the guides and learn more about referencing styles and how to use them, refer to the TAFE NSW Libraries referencing LibGuide below:

The Text and Artistic Licence Scheme allows the copying and communication of print and graphic materials and notated music that are still under copyright for educational purposes. This statutory licence is also known as the CAL or Educational licence scheme and was previously under Part VB of the Copyright Act, now in Section 113P. Note that limits apply.

There is no longer any statutory obligation to include a notice stating that copyright material has been copied/communicated in reliance on the statutory licence. Despite this, the National Copyright Unit suggests that it would be good practice to include the following notice - where this is reasonably practicable - on text and artistic works, that have been copied under the statutory licences. Examples might be handouts given in class.This is in order to limit the potential liability of the TAFE in the event that a student uses the content in a way that may infringe copyright.

Note that TAFE IP, licenced, public domain or CC content does not need a notice, but all content still needs to be labelled.

Notice example:

.