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 the designated Library Staff for your area.
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.
Do we need permission from students to include their work in learning resources?
Yes. 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.
When you use photos, videos and samples of work of our students to include in promotions content, marketing literature, newsletters etc, you need to get the student's prior permission through an Authority to publish form. This form does not cover student works in learning resources. For this use you must get separate permission from each student.
Did you know that images copied off the web are one of the biggest costs under our Text and Artistic Licence?
Take extra care when using stock images in TAFE NSW learner content.
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.
Our Getty image collection can be used to illustrate our learner resources. It can't be used in Marketing material.
Most mainstream TAFE courses are not considered as commercial activities for the purposes of our text and artistic works licence or CC items labelled for Non-Commercial use. Smartcopying has produced a FAQ page for this topic:
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 (format shifting).
When relying on section 200AB, you must ensure that copying:
1. 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.
2. Is for identified educational instruction. It does not cover "just in case" ie to back up a collection you might use in the future
3. Is not for commercial advantage or profit
4. 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, the material can only be shown when needed, usually for a specific class time, and must be taken down as soon as possible. This often renders it unsuitable to be included in online course content.
In order to comply with the requirements of our Text and Artistic Works Licence, third party and TAFE IP content needs to be labelled.
We've created a handy labelling guide, based on advice from SmartCopying, covering a variety of different content types. The guide is available from the staff only Copyright Extra Library Support Guide:
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 Text and Artistic Works Licence). 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 NSW 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 Text and Artistic Works Licence) the term labelling is preferred.
Note that whilst some resources may say "no attribution required", TAFE NSW 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 LibGuide below:
The Statutory Text and Artistic Works Licence allows for a fee, the limited copying and communication of print and graphic materials and notated music that are still under copyright for educational purposes without requiring permission.
The licence is referred to in Section 113P of the Copyright Act (prior to 2017 it was known as Part VB). The licence has also known as the Educational Licence or the CAL Licence, after the agency that administers the licence: Copyright Agency Limited.
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 NSW 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 |
.
The Statutory Text and Artistic Works Licence allows for a fee, the limited copying and communication of print and graphic materials and notated music that are still under copyright for educational purposes without requiring permission.
The licence is referred to in Section 113P of the Copyright Act (prior to 2017 it was known as Part VB). The licence has also known as the Educational Licence, the Statutory Educational Licence or the CAL Licence, after the agency that administers the licence: Copyright Agency Limited.
The more content we use under the licence conditions, the more we pay for the fee.
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 for educational purposes and no longer has a broadcast (Screenrights) licence.
Under the Text and Artistic Works Licence, limits apply to individual copyrighted resources.
| 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 |
* Although the 10% rule has been removed from the Copyright Act, the National Copyright Unit recommends that 10% continues to be a guideline in many cases. You may be able to copy more if it does not unreasonably prejudice the legitimate interests of the copyright owner.
| 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 |
* Although the 10% rule has been removed from the Copyright Act, the National Copyright Unit recommends that 10% continues to be a guideline in many cases. You may be able to copy more if it does not unreasonably prejudice the legitimate interests of the copyright owner.
TAFE institutes are allowed to copy an insubstantial part of a text work,
For hard copy works, an insubstantial part is:
For electronic works an insubstantial part is:
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.
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:
Copying a whole work on the Internet
TAFE institutes can copy a whole work on the Internet if:
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.
The exam copying exception is set out under section 200(1A) of the Copyright Act.
There is no requirement to ask permission or to label material copied under the Exam Copying Exception as long as it is an assessable component of the course. The exception does not apply to practice exams.
TAFE NSW best practice is to:
Further information is included in the Smartcopy link below, but please note the TAFE NSW best practice guidelines above.
