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Copyright: For Content Developers

Welcome

This page aims to provide TAFE NSW content developers with the guidelines on the fair and cost effective use of copyright materials and online resources, including images, videos and music.

For copyright advice, please contact your local library staff.

For information and advice related to this LibGuide, please contact Beatriz Aroche or Susan Mansley.

Getting Permission to use Copyright Content

Under our CAL licence we pay to be able to use up to specified amounts of copyrighted material. If we want to access more than the specified amounts, we need to ask permission.

What's the difference between the 2 forms? The first one has a statement in it asking the receiver to pass on the form or to advise if they are not the copyright holder. The final version of the form doesn't have this statement.

s113P: Text and Artistic Works Licence

The Text and Artistic Works Licence is administered by the Copyright Agency Limited (CAL) and is commonly known as the CAL licence or simply Educational Licence. The Copyright Agency is a not for profit company that collects fees and distributes royalties to copyright owners.

All TAFEs are covered under this agreement, The licence allows us to use portions, up to specified amounts, of copyrighted materials without having to seek individual permissions from the copyright owners. As part of this agreement, TAFEs are audited on a regular basis to determine a yearly fee for the licence. The more copyright content we use, the more we pay! Read more about the licence on the SmartCopying site:

The Statutory licence does not cover:
• copying of computer programs
• copying or communicating of sound recordings, audio-visual material or webcast or net casts (web radio or web TV)
• copying or communicating text or artistic works for uses other than educational use
• copying or communicating more than allowed under the licence rules

Note that TAFE NSW doesn't have a music licence and no longer has a broadcast (Screenrights) licence

  • Under the Text and Artistic Works Educational Licence, limits apply to individual copyrighted resources.
  • You can use content from multiple sources in the one learner resource. This content can add up to more than the agreed limits for individual items.
  • Take care not to allow students to access more than 10% of the same resource at the same time across multiple lessons
  • Regularly review and remove content no longer required so we don't get charged for it.
Hard Copy Work Amount That Can be Copied
Books 10% of the pages or 1 chapter
Newspapers, magazines, journal 1 article in a journal, more than 1 if on the same subject matter
Anthologies 15 pages e.g one short story
eBooks 10% of the pages or 1 chapter
Artistic Works (photographs, cartoons, diagrams and drawings)with accompanying text The whole of the artistic work
Artistic Works with no accompanying text (eg a slide, photograph of a painting) The whole of the work if it has not been separately published or if published if it is not available within 30 days at an ordinary commercial price
Technical manuals 10% of the pages or 1 chapter
Plays, screenplays

10% of the pages

Sheet music 10% of the pages

Source: Education Licence B: Statutory Text and Artistic Licence

Electronic Work Amount That Can be Copied
CD-Roms 10% of the words
Website 10% of the words
Online publications (e-zines, on-line newspapers) 1 article per day or per edition, two or more may be copied if on the same subject matter.
Artistic Works (digital photographs, cartoons, diagrams and drawings) The whole of the artistic work
Digital Anthology If paginated and more than 200 pages, one work of up to 15 pages. Otherwise, no more than 10 per cent of the words of the anthology.
Other print material on the internet (screen plays, plays) 10% of the words
Electronic versions of sheet music 10% of the words or 1 chapter

Source: Education Licence B: Statutory Text and Artistic Licence

TAFE institutes are allowed to copy an insubstantial part of a text work,

For hard copy works, an insubstantial part is:

  • less than the whole work where the work is 2 or fewer pages
  • up to 2 pages where the work is between 2 and 200 pages
  • more than 2 pages but not more than 1% of the total number of pages where the work exceeds 200 pages.

For electronic works an insubstantial part is:

  • for paginated works of more than 200 pages, up to two pages
  • for non-paginated works, up to 1% of the total number of words in the work.

Note: any insubstantial copying from text works in electronic form must be consecutive (eg pages 2 and 3, or paragraphs 1 to 3 of a web page).
There is no requirement to pay for copying of an insubstantial part, or to keep records of this type of copying. However, TAFE institutes are not allowed to copy another insubstantial part of the same work within 14 days of making the same copy.

Source: Education Licence B: Statutory Text and Artistic Licence

Copying a whole work

TAFE institutes can copy a whole work eg a text book, a teacher’s resource or a student activity book if:

  • the whole of the work has not been separately published (including unpublished works)
  • the whole of the work is not available in hard copy form within a reasonable time at an ordinary commercial price
  • the work is out of copyright (eg old works by Jane Austen or Shakespeare).

Copying a whole work on the Internet

TAFE institutes can copy a whole work on the Internet if:

  • it has not been separately published and is not available within a reasonable time at an ordinary commercial price.

As a general guide it is recommended that a ‘reasonable time’ is six months for textbooks and thirty days for other material.

Label:

See labelling guide for format examples. The label references the exception- copied under s200AB

Source: Education Licence B: Statutory Text and Artistic Licence

s200AB: Flexible Dealing Exception

The exception 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 sound recordings and films where these are not commercially available in the required format.

When relying on section 200AB, you must ensure that copying:

1. Is not already covered under the terms of our Text and Artistic Works Licence- you can't use it to exceed the limits of that licence.

2. Is a special case for a specific educational activity

3. Is for educational instruction

4. Is not for commercial advantage or profit

5. Does not conflict with the normal exploitation of the copyright material by the copyright owner

s200(1A): Exam Exception

The exam copying exception is set out under section 200(1A) of the Copyright Act.

There is no requirement to label material copied under the Exam Copying Exception. The exception does not apply to practice exams.

TAFE NSW best practice is to:

  • Continue to label the teacher facing marking guide with the appropriate copyright labels. For items copied under our statutory licence, change: "Copied under s113P …"  to "Copied under s200(1A) …"
  • In the 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]."

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

Copyright issues for remote & online learning during the COVID-19 outbreak

The National Copyright unit has produced an information sheet on general guidelines and best practice approaches to managing copyright issues for distance learning, as well as some guidance on the most likely scenarios facing teachers in their need to supporting student learning at this time.

Labelling Advice

In order to comply with the requirements of our CAL Education Licence, third party and TAFE IP content needs to be labelled.

We've created a handy labelling chart, based on advice from SmartCopying, covering a variety of different content types:

Sydney Opera House by J.W.C. Adams under CCBY-SA3-0 AU

Labelling
Labelling clearly identifies where an item has been sourced from and any licences and permissions associated with the item.

All TAFEs are covered under a remuneration agreement for text and images with the Copyright Agency through the education copying scheme (Statutory Education Licence).  Check the CAL education licence box below for more details.  To assist in the process of ensuring that royalties are distributed correctly and that TAFE does not pay for material that it owns or is otherwise royalty free, educators must ensure that all items used, clearly specify (label) where the item was sourced from or which licence (i.e. CC), the item has been registered under.

Follow the TAFE Labelling advice:

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
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 Copyright Agency Limited (CAL) 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 commonly known as the CAL or Part VB Scheme, now referred to as 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  (http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-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:

[WARNING]

This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P 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

.

Images

Did you know that images copied off the web are one of the biggest costs under our CAL Licence?

Take extra care when using stock images in TAFE NSW learner content- see the Stock Images box for more detail.

This guide shows you how to use the major search engines- Google, Bing & Yahoo, and some specialist image sites such as Flickr, Pixabay and Morguefile to quickly locate CC images. You can also find a list of free image libraries under the Copyright Fee Free Resources tab.

You can do a reverse image search to check existing images for copyright compliance. If you can't locate the image and its licence information or you're not sure of it's exact provenance, play it safe and replace the image with a CC licensed image.

Stock Images - Caution!

TAFE Digital has purchased statewide stock image licences for use by TAFE NSW for course development. Unless the stock image that you want to use has come from the TAFE Digital Graphic Design team directly, or is part of the TAFE NSW Learner Resource Image Collection, use extreme caution.

  • Previous TAFE stock licenced images purchased by sub regions may not be licenced for print, educational use or statewide TAFE NSW use at all.
  • Stock images taken directly from the internet will be charged under our statutory educational licence.

For stock images sourced through TAFE Digital and or in the official image collection, the provider has confirmed in writing that the image can be used by TAFE NSW for educational purposes statewide. If you are using one of these approved images, the National Copyright Unit approved label must be used. 

Reproduced and made available for copying and communication by TAFE NSW for its educational purposes with the permission of [name of stock licence].

Prior to requesting a stock image through TAFE Digital please:

  • Check the image collection for existing resources
  • Make use of the free licence image sites wherever possible.

Getting Authority to Publish

When you take photos and videos of our students to include in learner content, marketing literature, newsletters etc, you need to get their permission.  

TAFE Copyright Statement

The following draft written direction covers the guidelines for applying copyright and Open Education Resources (OER) statements to TAFE NSW developed Training Products