| Resource | What can you use? | Labels, notices and permissions |
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Books and eBooks
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Journals and eJournals
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Images
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Where possible:
Note that:
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Recordings from TV and Radio
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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. |
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Commercial Films
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Music
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From January 2021 TAFE NSW has a voluntary music licence that allows us to perform live or play recorded music:
This licence does not cover use of music in a course of instruction. You can also:
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Websites and databases
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Videos from the Internet
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Images sourced from: All Silhouettes AC and Microsoft Office ClipArt
* 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.
Information based on:
In December 2017, two new disability access exceptions were introduced under the Copyright Amendment (Disability and Other Measures) Act (CADM Act):
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:
If you wish to copy or format shift an entire copyright work, use the organisational disability exception provided the material is not commercially available in the form you require.
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 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:
Any copies made under this exception should be labelled:
This material has been copied/made available to you under s 113E 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
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.
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.
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.
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.
The more content we use under the licence conditions, the more we pay for the fee.
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[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 online course resources; 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 is not allowed.
How many copies can be made?
Enough for every student in the relevant class.
How much can I copy?
Fair limits apply. See the box How Much Can I Copy For Teaching
Can I include this content in commercial courses?
Depends on the circumstances. See the Smartcopying page on Commercial activities in TAFE
What admin procedures have to be followed?
Give prominent attribution to the author; notate with bibliographic information. Follow the TAFE NSW Copyright Compliant Labelling guidelines.
Suggest that warning notice accompanies electronic copying info sheet.
Can software, music and video be copied under the licence?
No. Only sheet music.
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 Senior 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 outside of TAFE NSW 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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Link to websites rather than copying content |
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Ask the copyright owner for permission |
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Use copyright fee-free resources, ie Creative Commons material, for educational purposes |
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Review the content stored on Moodles regularly to avoid paying fees for the content no longer in use |
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Label all TAFE IP resources accordingly |
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.
