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Copyright: For Teachers

How Much Can I Copy for Teaching?

Resource What can you use? Labels, notices and permissions

Books & eBooks

  • 10% of the pages or one chapter.
  • Alternatively, contact your library for an online link to a TAFE Library subscribed eBook 

Journals & eJournals

  • One article per journal, more if issue is on the same topic.
  • Alternatively, contact your library for an online link to a TAFE Libraries subscribed eJournal or eJournal article

Images

 

  • Use resources licensed under creative commons or images in the public domain where possible. See the Copyright fee free resources tab on this guide for links to  free content
  • Use TAFE created or purchased images. Note you cannot use some RTO purchased images in cross TAFE resources  Contact your library staff for further information.
  • Images from books and non cc licenced images from  the internet will incur a cost under our TAFE CAL licence

Recordings from TV & Radio

  • Screen live TV
  • Provide link to streaming video-YouTube etc
  • Only screen copies of broadcast TV and radio made by TAFE staff before 1st January 2016. You cannot format shift these copies.

You cannot copy from the TV and radio

 TAFE is no longer covered under the Screenrights Licence. Please see further information in the box in the right hand column.

Commercial Films

  • Play in class for educational use
  • Can't copy and store online
  • Link to content in subscription databases
  • Can copy short extracts and make compilations of short extracts
  • Consider labeling extracts and compilations with the s113P use notice

Music

TAFE NSW does not have a blanket music licence

TAFE RTOs to negotiate music licences that they need, to play music in award ceremonies, gyms, restaurants, waiting rooms, offices etc.

  • Label copies for educational purposes with the name of the sound recording, artist and the date it was copied e.g. Copied under s200AB Copyright Act 1968 ‘Let it be’, The Beatles, 26 November 2014;

 

Websites

  • Copy up to 10% of words
  • Try to link to the website instead
  • Don't link to copyright infringing websites

Videos from the Internet
eg YouTube

  • Stream in class for educational use
  • Try to link to or embed video instead
  • Check copyright permission
  • Don't link to copyright infringing videos
  • Reference appropriately with link to webpage.
  • Smartcopy page on YouTube

Images sourced from:
All-Silhouettes http://all-silhouettes.com/ 
Microsoft Office ClipArt

Information based on Smartcopying: Education Licence B: Statutory Text and Artistic Licence

In December 2017, two new disability access exceptions were introduced under the Copyright Amendment (Disability and Other Measures) Act (CADM Act):

  1. Use of copyright material by organisations assisting persons with a disability (‘organisational disability exception’); and
  2. Fair dealing for the purpose of assisting persons with a disability (‘fair dealing for disability exception’).

Both exceptions can be used by schools and TAFEs to assist students with a disability, but the circumstances in which they apply differ.
Both exceptions cover a broad range of disabilities such as difficulty in reading, viewing, hearing or comprehending copyright material in a particular form. This includes students:

  • with vision impairment, or
  • who are unable to hold or manipulate books, or
  • with an intellectual disability, or
  • with general learning difficulties such as dyslexia.

If you wish to copy or format shift an entire copyright work, use the organisational disability exception provided the material is not commercially available. 
 
Where you are copying an extract or portion of a work for a disabled student, you may be able rely on the fair dealing for disability exception.  You can rely on this exception regardless of whether the material that your student requires is commercially available.  
 
For further information see the Smartcopying Disability Access Exceptions Guidelines.

The organisational disability exception allows schools and TAFEs to make accessible format copies for students with a disability if the copyright material is not commercially available in the format required by the student and with the appropriate features they require. There is no restriction on the kind of format that can be created under this exception and could include the copying of a whole text work to a more accessible format.

Before you reformat, consider asking the publishers if they can provide a copy in the appropriate format. For instance, a pdf copy of a printed only text book, so that the the text can be easily read by a text reader. Most publishers will be happy to provide the copy for free in these circumstances.

Any copies should be labelled:

This material has been copied/made available to you under s 113F 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

 

Where you are copying an extract or portion of a work for a disabled student, you may be able rely on the fair dealing for disability exception. 

The fair dealing for disability 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.
 
Under these new exceptions, teachers are now able to:

  • create a digital version of a hardcopy book and make any necessary adjustments, such as the font size or colour, to assist students with difficulties
  • provide captions, audio-descriptions or subtitles to audio visual material (eg YouTube, films, etc) for hearing impaired students
  • convert a book into Easy English
  • create audio books for students with vision impairment

Any copies made under this exception should be labelled:

This material has been copied/made available to you under s 113F 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

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s28 Performing or Communication in Class for Educational Instruction

TAFEs are allowed to perform and communicate copyright material in class under a free exception in the Copyright Act (section 28).  If your use meets the conditions set in the information sheet below, you can perform and communicate copyright material to your class for free and without the copyright owner's permission

SmartCopying- Performance and communication of works and audio visual material in TAFE classes – What am I allowed to do?

s113P / CAL licence covers print & graphic materials

The Copyright Agency Limited (CAL) Licence, sometimes referred to as the Educational Licence allows the copying and communication of print and graphic materials and notated music that are still under copyright for educational purposes. This relevant section of the copyright act was  known as  Part VB, since the act was updated, this is 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, or broadcasts, that have been copied under the statutory licences  (http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences). 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:

[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.

FAQ:

For what purposes can we copy material under the scheme?
Hand out in class; add to Library collection; prepare reading bricks, course packs
All OK but if selling course packs – recovery costs fee only.

The following methods of distribution are allowed
Handing out in class; distributing via the bookshop; emailing; posting to an intranet or secure website.
Posting to an outside website NOT OK.

How many copies can be made?
Enough for every student in the relevant class.

Can copies made under the scheme be sold?
Yes for cost recovery only.

What admin procedures have to be followed?
Give prominent attribution to the author; notate with bibliographic information;
Suggest that warning notice accompanies electronic copying info sheet.

Can software be copied under the CAL administered schemes?
No – look to the terms of the software licence.

TAFE no longer has a Screenrights licence (Part VA)*. The Licence previously allowed TAFE staff to copy and communicate off air TV and radio broadcasts.

This means that TAFE staff cannot copy television or radio broadcasts or communicate copy broadcasts.

Please contact your Library staff for further information.

*The exception is Bradfield College

Staff are NOT permitted to do the following:

  • Record television or radio programs from television or radio broadcasts (this includes copying by Fetch TV or similar products);

  • Make further copies of television programs copied prior to 2016 under the previous Screenrights license;

  • Format shift copies ie from DVD to Mp4

  • Obtain copies of television or radio broadcasts from resource centres such as Enhance TV.

  • Upload and/or make available copy broadcasts to intranets (including password protected intranets), content or learning management systems; and

  • Store copies of television or radio broadcasts made under the previous Screenrights license on a TAFE Institute’s content management system, learning management system or intranet (including password protected intranet).

  • Borrow from another institution with a Screenrights licence

Staff are still able to do the following for educational purposes:

  • Screening of live TV or radio broadcasts

  • Streaming catch-up services( ie. iView, SBS on Demand)

  • Screening of purchased commercially available TV programs in DVD or streaming licence format

  • Screening of copy broadcasts made under the previous Screenrights licence in the format they were available at 1 January 2016. i.e. play a DVD

  • Linking/embedding of You Tube videos from broadcasters

  • Upload an existing pre 2016 Mp4 copy of a broadcast program to an LMS for use in a class (but must not be stored on the LMS)

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Copyright Tips

Link to websites rather than copying content

Ask the copyright owner for permission

Use copyright fee free resources, ie Creative Commons material, for educational purposes

Review the content stored on Moodles/Wikis regularly to avoid paying fees for the content no longer in use

Label all TAFE resources accordingly

Format shifting

An example of format shifting is transferring a VHS to DVD or a DVD to MP4.
The Copyright Amendment Act 2006 says educational institutions can format shift if:‚Äč

  • You have an immediate educational need for a particular item
  • TAFE owns the original copy (not being a copy of a broadcast)
  • It’s not available to purchase in the new format in a reasonable time frame
  • You don’t prejudice the original copyright owner by allowing or enabling public access

You don't have to label the copy, but its good practice to label it "Copied under section 200AB of the Copyright Act 1968".

Please note that since we are no longer covered by a Screenrights Licence, you cannot format shift a broadcast copy.

Before you format shift, check that the library doesn’t already own a copy in the format you require!

More Information?

      Where can I find more information?

  • Contact your campus Library for copyright advice
  • Refer to The SmartCopying website
  • Staff can also book Copyright or Referencing & Plagiarism skills sessions for staff  groups or classes of students - contact your library.
  • Guide editors Susan Mansley and Beatriz Aroche