Section Two Copyright exceptions for schools

Transcription

1 Copyright In NSW government schools Section One Copyright What is copyright? Duration of copyright Section Two Copyright exceptions for schools 1. Free for education material a. NSW DET created content b. The Federation c. Creative Commons material d. NEALS material e. Other free material 2. Free for education uses a. Exam Provision (section 200) b. Copying by hand (section 200) c. Performance and Communication in Class (section 28) d. Flexible Dealing Provision (section 200AB) & Format Shifting 3. Direct licences and sample permission letters 4. Licences for all Government schools a. Copying and Communication of Text and Artistic Works b. Part VB Statutory Licence with Copyright Agency Limited (CAL) including labelling requirements c. Copying Television, Cable and Radio Broadcast d. Part VA Statutory Licence with Screenrights including labelling requirements e. Performing Music in Public f. Voluntary Licence with the Australasian Performing Right Association (APRA) g. Recording Music & Schools Performance of Music h. Voluntary Licence with Australasian Mechanical Copyright Owners Society (AMCOS)/Australasian Performing Right Association (APRA)/Australian Record Industry Association (ARIA) i. Photocopying Originally Purchased Print Music j. AMCOS Voluntary Licence 32

2 5. Fair dealing a. Reporting the news b. Criticism or review c. Research or study d. Parody or satire *Smart Copying Tips poster for schools Section Three Creating copyright material at school Copyright ownership Material created by staff Material created by two parties Material created by volunteers & researchers Students as creators Seeking permission to use student works Seeking permission to use third party works Labelling material Moral rights Culturally and commercially sensitive material Breach of Copyright Section Four Further information and contacts Section Five Copyright Appendices (separate documents) a. Creative Common Resources for Schools b. Performance and Communication in the classroom c. Flexible Dealing d. Format Shifting e. Template Letter to Request Student Permission to use material f. Template Letter for Permission to use Student s work g. Labelling Department Copyright Material 33

3 Handbook for school libraries Section One Copyright What is copyright? Works Copyright is the legal means by which authors and other creators control the use of their work. In most cases copyright means that you have the right to grant or deny permission to others to reproduce your material. Copyright law only applies to something that is in a material form. Copyright does not protect ideas, concepts, styles or techniques. For example, copyright will not protect an idea for a film or book, but it will protect a script for the film or even a storyboard for the film. The Copyright Act divides the materials protected into two categories: works and other subject matter. This categorisation is important as differences exist as to the length and scope of copyright protection. Artistic works Literary works Musical works Dramatic works paintings sculptures graphics cartoons etchings lithographs photography drawings plans maps diagrams charts buildings models of buildings moulds and casts for sculptures novels text books newspaper articles magazine articles journals poems song lyrics timetables technical manuals instruction manuals computer software computer games anthologies directories databases melodies song music pop songs advertising jingles film score plays screenplays mime choreography 34

4 Other subject matter Films Sound recordings Broadcasts Published editions cinematographic films video recordings DVDs television programs advertisements music videos interactive games and interactive films vinyl music or voice recorded on vinyl CD DVD audio cassette tapes MP3 files radio television podcasts of free to air TV broadcasts typesetting (the layout and look of a publication) Copyright owners have the right to: 1. reproduce the work in a material form 2. publish the work 3. perform the work in public 4. communicate the work to the public 5. make an adaptation of the work. Copyright will generally be infringed if one of the exclusive rights of the copyright owner (such as reproducing the work) is exercised without the permission of the owner, or without copying the material using a special licence or exclusion contained in the Copyright Act such as those for schools. In Australia, copyright is an automatic right for creators, meaning that you do not have to register for ownership or publish your work to ensure that it is protected. Duration of Copyright In 2005, the period of copyright protection for most works increased. This period of protection will apply to all works that were still in copyright on 1 January To work out if a work was in copyright on 1 January 2005, you will need to apply the pre-1 January 2005 copyright periods. 35

5 Material created after 1 January 2005 Types of copyright material Literary, musical, dramatic and artistic work excluding photographs Photographs Unpublished literary (other than computer programs) dramatic works Unpublished engravings Pseudonyms and anonymous names Sound recording and films Published Editions Extended term Lifetime of author plus 70 years Lifetime of author plus 70 years 70 years after calendar year end of first publication 70 years after calendar year end of first publication 70 years after calendar year end of first publication 70 years after calendar year end of first broadcast, exhibition or publication 25 years from end of year work first published Material created before 1 January 2005 (a) Works Types of copyright material Literary Works Artistic works (except photographs) Dramatic works Musical works Current term Lifetime of author plus 50 years Lifetime of author plus 50 years Lifetime of author plus 50 years Lifetime of author plus 50 years (b) Works Exceptions Types of copyright material Photographs Unpublished photographs Anonymous works Current term 50 years from end of year photograph taken 50 years from end of year work first published 50 years from end of year work first published 36

6 (c) Subject matter other than works Types of copyright material Films Sound recordings Published editions Current term 50 years from end of year film first released 50 years from end of year recording first released 25 years from end of year work first published Section Two Copyright exceptions for schools There are a number of situations when schools are entitled to reproduce material without obtaining prior approval from the copyright owner. These range from licences negotiated and paid for centrally by the Department, to free for education uses and free for education materials. Please note that most of these exceptions relate to teachers or staff using copyright material and may not necessarily extend to students. Likewise, some exceptions relate only to students and cannot be relied upon by teachers or staff. The cost of the centrally paid licences for schools has dramatically increased over the past five years and in 2007 cost the Department over $15 million. To help reduce these costs, schools are encouraged to first review any free for education resources available or free education uses which may be relied upon before copying material under centrally paid licence schemes such as the CAL print licence. 37

7 The following options (Table 1) are available when copying or communicating material at school: Free for Education material NSW DET created content The Federation Creative Commons material NEALS material Other free material Free for education uses Exam Provisions (section 200) Copying by Hand (section 200) Performance and Communication in class (section 28) Flexible Dealing (section 200AB) Direct licences Licences for all government schools Licence to use text and artistic works Licence to copy and communicate television and radio broadcasts Licence to perform music Licence to record music Licence to photocopy print music Fair Dealing Reporting the news Criticism or review Research or study Parody or satire Table 1 Options when copying or communicating material at school 38

8 b. The Federation resources c. Creative Commons Material d. NEALS licensed material a. Teaching and Learning Exchange (TaLe) e. Other free material a. Reporting the News 1. Free for Education Material a. Exam Provisions (s.200) b. Criticism or Review c. Research or Study 5. Fair Dealing c 2. Free For Education b. Copying by Hand (s.200) c. Performance & Communication in class (s.28) d. Parody or Satire e. Licence to Photocopy Print Music (AMCOS) 4. Licences for all Schools 3. Direct Licences d. Flexible Dealing Provisions (s.200ab) Including Format Shifting d. Licence to Record Music (AMCOS / APRA / ARIA) c. Licence to Perform Music (APRA) b. Licence to Copy & Communicate TV and Radio Broadcasts (Screenrights) a. Licence to use Text & Artistic Works (CAL)

9 1 Free for Education material There are a range of websites which provide copyright free material for use by educational institutions. Schools can access music, photographs, film clips, cartoons, maps, text and more from these sites without concern for the usual copyright limits or payment of royalties. a. NSW DET created content All of the content which is created by the Department is automatically included under the National Education Access Licence for Schools (NEALS). This means that if a teacher from a NSW government school accesses any of the content created by the Department they are not limited to the usual restrictions but may freely copy and communicate the material within their school. However, schools must comply with usual copying limits when using any DET content marked as Excluded from NEALS. The NEALS licence is further outlined in section 1d. Curriculum K-12 Directorate creates a wide range of relevant and practical resources that help in the implementation of syllabuses and provides useful advice on a range of other curriculum related issues. Most of the material on the Curriculum site is included under NEALS. To access the Curriculum Support website go to: < TaLe is the Department s education portal set up to provide teachers, parents and the community access to a range of quality teaching resources. All of the material on the TaLe site is relevant to learning in NSW schools and is free from the standard copyright restrictions and payment of royalties. To access TaLe go to: < b. The Le@rning Federation The TaLe site includes a range of digital resources and learning objects produced by The Le@rning Federation (TLF). The licence for government schools to use TLF material has already been obtained by the Department so there is no further copyright royalty or other charge applied when schools use this material. Likewise, there is no limit on the amount of material you can copy and communicate under the TLF licences however you are not permitted to communicate the material outside of your school or outside a secure, access controlled site (such as a school intranet). 40

10 Each TLF item includes a Conditions of use statement which outlines what schools are allowed to do with each item. Schools are entitled to download, copy, print and communicate TLF materials. This includes copying the material to CD-ROM or DVD for use within your school or by students at home, but it must not be made available to other parties. For more information on using material from The Le@rning Federation see the information sheet Smart Copying website at < c. Creative Commons material Creative Commons is a copyright licensing system which recognises that some creators do not want to exercise all of the rights afforded to them under the Copyright Act. Schools can use many of the resources on the site for educational purposes, free of charge including music, film clips and photographs. Often the only requirement for using this material is acknowledgement of the copyright owner, but sometimes even this right is waived. Another benefit in using this material is that schools will generally not need to worry about applying restrictions such as 10 per cent or 1 Chapter of a work. A detailed information sheet for schools wishing to use Creative Commons material is available on the Smart Copying website < (or see Copyright Appendix A on page 66). The Creative Commons site can be accessed at < d. NEALS material The National Education Access Licence for Schools (NEALS) is a new copyright licence for schools in Australia. The licence was introduced by the school sector to help reduce annual copyright fees incurred by schools. Under normal Copyright law, education departments are often liable to pay royalties when schools copy or communicate material such as information from websites, administration documents and pages from text books. Before the introduction of NEALS, this included all material created by the Department for its own schools. The NEALS licence allows staff in schools to copy any NEALS material (marked with the NEALS logo ) without incurring the usual copyright fees. Unlike general copyright material, there are no restrictions on the volume of copying or communication staff in schools are entitled to make with NEALS material, provided it is used for educational purposes. 41

11 NEALS is not intended to allow education departments or schools to copy each other s material free of charge for commercial purposes, nor does it create any additional access rights to Department created material marked with the NEALS logo. You must normally have access to a NEALS resource for the NEALS licence to be relied upon; the presence of the logo does not automatically entitle a school to freely copy the material. For example, if your school pays for a subscription to a publication which is marked by the NEALS logo, this would not mean that a neighbouring school would be entitled to make copies of the publication as this material would not be normally available to them unless they purchased their own subscription. However, it would be considered acceptable for your school to make copies of sections of the publication without concern for the usual copying limits. The same rule applies to any internal documents which are made available through the Department intranet and marked by the NEALS logo. If these materials are not normally accessible to staff in a non-department school they do not now have permission to copy it. It is the responsibility of the staff in each school to ensure that NEALS material which is made available to them is not unfairly exploited or released to other schools. If you require further information the National Education Access Licence for Schools please contact the Copyright Unit on <[email protected]> e. Other free material Free for education material is not limited to the sources outlined above. Individual creators are entitled to select the rights attached to their work. These rights are expressed through the use of a copyright statement, usually attached at the front of a publication or on the terms and conditions section of a web page. The easiest way to determine if material is available for educational purposes is to read the copyright statement. If the copyright statement is very broad and it is unclear whether schools are entitled to copy and communicate the material without relying on centrally paid licences, you should contact the creator or publisher to check. Many non-commercial creators are willing to share their material with schools for educational purposes provided some basic copyright requirements are met (the work is not modified, work is correctly attributed). The benefit in this approach is that you will often be able to retain a much broader permission to use the material than would normally be permissible. Be sure to keep copies of the permissions and licences to ensure the material is not counted for payment when your school is surveyed. 42

12 2 Free for Education uses There are a number of general provisions in the copyright act which outline situations where it is practical for schools to use certain copyright material without relying on a licence scheme or seeking permission from the copyright owner. a. Exam Provision (s.200) The Copyright Act (s.200) entitles schools to reproduce or adapt a literary, dramatic, musical or artistic work as part of an exam question without seeking permission from the copyright owner. The exam provision only extends as far as the actual examination process, so it does not include revision testing or use of past exam papers. Any further use of the examination papers in schools, by students, or teachers, comprises publication outside the context of the examination and therefore requires a licence or permission (either through direct licence, centrally paid licence or if the material is free for education ). For example, the provision does not include placing an exam paper online for student access/revision. Although the provision does not extend to sound recordings or films, it is possible that another exception or licence is available to schools to cover the use of this material in an exam situation, such as the new Flexible Dealing provision outlined below. b. Copying by Hand (s.200) The copying by hand exception is possibly the most straight-forward of all of the exceptions in the Copyright Act. It allows teachers and students to reproduce, translate, arrange or adapt by hand as much as needed of a literary, dramatic or musical work in the course of educational instruction. Examples where this provision might be useful include copying material on to a piece of paper, blackboard, white board or overhead transparency. The provision does not allow for subsequent copying by any other process (such as photocopying, scanning) so the school must rely on another licence or exception to do so (such as the print licence). Schools should also take care not to rely on this provision when copying material on to an interactive device which allows for copying, such as an interactive white board (IWB). c. Performance and Communication in Class (S.28) The Copyright Act (s.28) entitles schools to perform and communicate copyright work in class without seeking permission from the copyright owner or paying copyright royalties. Your use needs to meet a number of conditions before this exception can be relied upon. 43

13 Performance in class: Teachers and students can read or perform a literary, dramatic or musical work, or play sound recordings and films in class, provided it is done so in the course of education and is not for profit; and the audience/class are giving or receiving instruction or are directly connected with the place where instruction is given. A class may include virtual classes and distance education students. A performance might include playing a sound recording, staging a play or showing a film in class. This would not cover screening a film for entertainment on a rainy day (as this would not be considered in the course of education). Communication in class: A communication involves making copyright material available online or electronically transmitting copyright material. Teachers and students are entitled to communicate a range of different works to enable classroom performances and playing of sound recordings and films in class using new technologies. A communication might include making copyright material available on the school intranet or ing copyright material to students. Some instances where this exception might be useful: Using an electronic delivery system to transmit a television program or film from a central DVD player in the library to a monitor in the classroom Reciting a poem to students in a virtual class over Skype Playing a film through a content management system (such as myclasses, ClickView or Moodle) Displaying or projecting material to a class using an electronic whiteboard or data projector. Please refer to the full information sheet entitled Performance and communication of works and audio visual material in class What am I allowed to Do? on the Smart Copying Website < (or see Copyright Appendix B on page 72). The information sheet also contains a number of instances where schools could rely on this exception. d. Flexible Dealing Provisions (s.200ab) A new exception for schools was introduced in 2006 which allows teachers to use copyright material for free in very particular and narrow circumstances for the purposes of educational instruction. This exception is different to others in that it does not specify exactly which copyright uses will and will not be permitted. Instead, it sets out a number of rules which teachers must use to decide whether their situation or use of copyright material will be allowed. The first rule is that you cannot rely on this provision if another exception is available to you first. For example, if you can rely on one of the licences organised for all schools (such as the CAL licence) then you must do so before using this exception. 44

14 Is my use covered under the Flexible Dealing Provisions? 1. Am I using this material for giving educational instruction? Am I teaching in a classroom or remotely, preparing to teach, compiling resources for student homework or research or doing something for the purpose of teaching? Yes 2. Is my use noncommercial? Am I, my students or the school making a profit or getting commercial advantage from this? (Cost recovery is OK) Yes 3. Is my use a special case? Yes - Is my use narrow in a qualitative and quantitative sense? -Is my use only what I need for my teaching purpose? 4. Does my use conflict with normal exploitation? No 5. Would I unreasonably prejudice the copyright owner? No -Can I buy or get a licence for this use? -Is this use a way the copyright owner usually makes money from their work? -Will I deprive the copyright owner of significant revenue now or in the near future? -Am I taking more than I need? -Am I exposing the material to a risk of piracy? -Am I interfering with the quality of the material? -If I answer yes to any of these questions, is there something I can do to minimise any prejudice? Covered by 200AB 45

15 Some examples where this exception might be useful in your school include: making a captioned version of a film for hearing impaired students when it is not possible to buy a captioned version of the film and you need to show the film in class converting 8-track or VHS tapes to DVD where it is not possible to buy a DVD of that film and the DVD is needed for teaching purposes compiling short extracts of audio-visual material for use in class (such as making a DVD of short extracts of several films for an English class) when it is not possible to buy a similar teaching resource including short extracts of music in PowerPoin teaching aids Please refer to the full information sheet entitled The new flexible dealings exception What am I allowed to do? on the Smart Copying website < (or see Copyright Appendix C on page 76). The information sheet also contains a number of instances where schools could rely on this exception. What about Format Shifting? There has been a lot of media attention recently about a new format shifting exception that was introduced to the Copyright Act in December Understandably, this has sparked some interest from schools hoping to format shift entire audio visual libraries to DVD format or on to a content management system in MP4 format (such as Clickview). Unfortunately, the new exceptions do not generally entitle schools to do so. This note is to provide you with some preliminary advice about format shifting and what is now permissible following the changes. What is Format Shifting? Format Shifting is a term used to describe the process of copying content from one technological format to another. Some examples include making a DVD copy of a VHS tape or transferring a VHS tape to a content management system (such as Clickview) in MP4 format. Schools can confidently format shift the following types of copyright material Free-to-air television and radio broadcasts Subscription radio and television broadcasts Podcasts of free-to-air television programs 46

16 Restrictions on format shifting Schools are generally not permitted to format shift commercial items such as films unless all of the following conditions are first met: a) The original copy of the material must be lawful. This means that the school bought it, or it is a genuine (non-pirate) copy of the material owned by the school b) The copy must be made for the purpose of educational instruction (e.g. a teacher needs to use the material in a class or students need it to complete homework) c) It is not possible to buy the material in the new format (e.g. in DVD or MP4 format) within a reasonable time d) You do not use the format shifted copy in a way that would unreasonably prejudice the copyright owner (such as putting it on the internet or giving students access to an electronic file they could copy). e) You do not remove or disable an Access Control Technological Protection Measure to make the format shifted copy. Please refer to the full information sheet entitled Format shifting and the Copyright Amendment Act 2006 What am I allowed to do? Smart Copying Website < (or see Copyright Appendix D on page 82.) 47

17 3 Direct Licences A direct licence means obtaining permission to use copyright material straight from the owner. The value in obtaining a direct licence is that you can often acquire a much broader permission than if you were to rely on the central licences for schools (such as the CAL licence for photocopying). Another benefit is that the usual copyright royalties are not charged on licensed materials. Some instances where it would be appropriate to seek a direct licence from a copyright owner include: if your school requires a substantial portion of a work or an entire work which is not already permitted by another licence if the materials appear to be designed for schools or for general educational purposes if your school expects to continually use the material material published by another educational institution such as a university or college Obtaining a licence involves sending a letter to the publisher to request permission for your school to use the material. If you do not hear back from the copyright owner assume that you do not have permission to use the material. A sample letter is included on page 50 for use by schools. It is important to keep a register of the licences and permissions your school obtains. This includes online subscriptions and CD-ROMS which include a licence to use the material. Aside from assisting other staff in the school, you will save the resource from attracting copyright royalties for these materials. Keeping a register of licences will also help your school when it comes time to be surveyed. Permission from Works covered Who does the licence apply to Expiry Date Licence kept Name of publishing house or independent author Title of e-book, CDROM, URL for online material, DVD title How many teachers and students does the licence apply to? How long can the copyright material be used under this licence? Where is a copy of the licence stored? 48

18 Correspondent s title & name Organisation (where applicable) Full address Dear [insert title and family name] I am writing on behalf of the [insert name of school] School to request permission to use the work, [name or description of work] for [insert detailed description of intended use/s - or a more general permission might simply read 'to copy and communicate the work']. If you agree to grant permission to use this work in the manner outlined above, please complete and sign the attached form and return a copy to [insert name or description of school] at the following fax number [insert fax number] or to [insert postage address]. In the event that you are not the rights holder of this work, we would appreciate any information you can provide which will enable us to contact the rights holder. If you require any additional information regarding this request please contact [name and unit] on [insert phone number] or [insert address]. Yours sincerely, Insert Name Title Date

19 Permission for the use of copyright material for educational purposes Details of work and rights holder Name of Work Full Name of Rights holder Company / Organisation Address Telephone Number/s Fax Number address [insert name or description of work] [insert title, first name and surname of rights holder] [insert name of company/organisation where relevant] [insert address, if known] [insert telephone number, if known] [insert fax number, if known] [insert address, if known] Please indicate the permission granted by ticking the appropriate box. I confirm that I am the rights holder of the Work, and I grant the following rights without payment for the full term of the Work s copyright: I authorise insert name of school to [insert detailed description of intended use/s] I authorise insert name of school to copy and communicate the Work for the following purposes only: Please credit me follows: I do not authorise the NSW Department of Education and Training to copy or communicate the Work. I am not the rights holder of the Work. The contact details of the rights holder have been attached The information provided on this form is being obtained for the purpose of administering educational programs for students in NSW Department of Education and Training schools. Provision of this information is voluntarily. The information contained on this form is personal and will be stored, used and disclosed in accordance with the requirements of the Privacy and Personal Information Act 1998 (NSW). Signature: Date:

20 4 Licences for all government schools The Department pays for a number of licences with collecting societies which allow schools to use specific types of copyright material for specific purposes. Collecting societies administer copyright on behalf of copyright owners. There are five main licences which apply to all government schools. Licence Material covered a Part VB Statutory Licence with the Copyright Agency Limited (CAL) Copying and Communication of Text and Artistic works b c Part VA Statutory licence with Screenrights Voluntary Licence with the Australasian Performing Right Association (APRA) Copying Television, Cable and Radio Broadcast Performing Music in Public d Voluntary Licence with Australasian Mechanical Copyright Owners Society (AMCOS)/ Australasian Performing Right Association (APRA)/ Australian Record Industry Association (ARIA) Recording Music & School Performance of Music e AMCOS Voluntary Licence Photocopying originally purchased 'Print' Music The cost of these licences has risen dramatically in recent years, particularly the Part VB CAL licence for copying and communicating text and artistic works. Schools are encouraged to first review any free-for-education resources (see Section One) available or free education uses (see Section Two) which may be relied upon before copying material under centrally paid licence schemes such as the CAL print licence. For full details and latest updates on each licence please refer to the National Copyright Guidelines found at < 51

21 a. Copying and Communication of Text and Artistic Works Part VB Statutory Licence with the Copyright Agency Limited (CAL) The CAL licence entitles schools to copy and communicate a reasonable portion of the print form of most literary, dramatic, musical and artistic works for educational purposes. Copying may include photocopying, scanning, printing or audio recording while communication may include ing or faxing the material to someone else, placing the material on the school intranet or providing access to the material on a central network. Schools are not limited to the number of copies they can make under the CAL licence as long as it is for educational purposes. However, schools are limited to copying and communicating a reasonable portion of an individual work. A reasonable portion is generally considered to be one article in an issue of a periodical (newspaper, magazine, journal) more than one article in a periodical if that article is on the same subject a literary work of no more than 15 pages that is published in an anthology 10 per cent or one chapter of a print work such as a textbook. An educational purpose may include a reproduction of communication made for teaching purposes, used as part of a course of study or retained for library use as a teaching resource. There are some circumstances where a whole work can be copied including: an entire literary, dramatic, musical or artistic work that has not been separately published (including unpublished works) an entire work that is not available within a reasonable time (6 months for text books, 30 days for other material) an entire published edition where the underlying work is out of copyright. Fortunately, schools are not required to keep details of the materials copied day to day. Rather, a random sample of schools is surveyed each year and required to keep full records for one term. The results of these surveys are combined and weighted to represent the copying of all schools under the licence scheme. It is only important to keep a record of the materials that your school is licensed to use, to ensure the materials are not charged for royalties by CAL. The CAL licence has a number of different schemes including a scheme for hard copy materials, a scheme for electronic materials, a scheme for assisting students with Print Disabilities and a scheme for schools assisting students with Intellectual Disabilities. When a work is communicated in electronic form the school must take reasonable steps to ensure that the material is made available on a password protected site and that no more than a limited amount is made available at any one time. Schools should also avoid storing material online, particularly for periods over twelve months as the material will be counted for remuneration each year it remains on a computer or digital storage system. 52

22 Labelling requirements There are no requirements to place a notice on the copies made when a hardcopy work is reproduced in hardcopy form (for example, a page from a book is photocopied). However, when a hardcopy work is converted into electronic form and communicated ( ed, faxed or placed online) each reproduction or communication must include the following notice: COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of the NSW Department of Education and Training pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the 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. Often when schools purchase access to material as part of an online subscription, CD- ROM package or digital resource library it will be accompanied by a licence to copy and communicate the material. For example, if a school subscribes to Encyclopaedia Britannica there are no limitations on the amount of material which can be used from the site, nor does this material attract royalty payment. For full details on the amounts of each type of work that may be reproduced and communicated under the CAL licence please refer to the National Copyright Guidelines on the Smart Copying website < 1b. Copying Television, Cable and Radio Broadcast Part VA Statutory Licence with Screenrights The Screenrights broadcast licence permits NSW government schools to copy and communicate television and radio broadcasts in analogue and digital formats. This includes cable, satellite, free to air or subscription based television broadcasts. The licence also entitles schools to copy podcasts and vodcasts which have already been broadcast free-to-air. Under the Screenrights licence NSW government schools are permitted to copy as much of a television or radio program as is needed, as many times as needed for educational purposes. There are no special requirements on the format in which the copy must be made. Schools are also entitled to make preview copies of broadcasts and then decide within 14 days whether to use it or wipe/destroy the copy. It is important that if your school is not 53

23 going to use the broadcast copy that the material is deleted rather than kept just in case as this will be counted for payment under the licence. When storing copies of broadcast material on content management systems such as ClickView it is important that material is not stored online for longer than required, particularly over a 12 months period as this material is counted for payment each year that it appears on the system. Schools are encouraged to review online collections of broadcast material each year and remove any copies of material stored online. Labelling material copied from television and radio There are special marking requirements for schools when they make copies of television and radio broadcasts, depending on when the copy was made. There are also specific marking requirements when schools wish to communicate copies of broadcasts. For copies made after 1 July 1990 Schools are required to label or stamp video or audio copies with the following notice: Made for the NSW Department of Education & Training under Part VA of the Copyright Act 1968 Date of broadcast: [insert date] Date this copy made: [insert date] For copies made before 1 July 1990 Schools may keep copies of broadcasts made before 1 July 1990 however this permission does not to extend to making further copies and they should be labelled as follows: Made for the NSW Department of Education & Training before 1 July 1990 DO NOT COPY- Communicating copies When a school communicates a copied program, each digital copy must be accompanied by the following warning notice: COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of the NSW Department of Education and Training pursuant to Part VA of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. Other than these labelling requirements, there are no general record keeping obligations unless your school has been selected as a sample institution during the survey period. 54

24 For full details on the Screenrights TV, cable and Radio licence for schools please refer to the Smart Copying website at < A specific information sheet has been developed for schools when using podcasts and is available on the Smart Copying site under Information sheets. 1c. Performing Music in Public Voluntary Licence with the Australasian Performing Right Association (APRA) The APRA licence authorises NSW government schools 'small performing rights' to publicly perform music and accompanying lyrics in certain circumstances. Under the licence, schools and students may perform musical works at the school or at a function connected with the school's activities. The APRA licence does not cover Grand Rights (such as a musical play, opera, operetta, musical play, pantomime, ballet), large scale choral works over 20 minutes long, performances given by professional musicians or interschool music festivals. Schools must obtain permission from the relevant publisher before performing these works. For more information on using grand rights works please contact the NSW Copyright Unit at <[email protected]>. For full details of the APRA music performance licence please refer to the National Copyright Guidelines at < 1d. Recording Music & School Performance of Music Voluntary Licence with Australasian Mechanical Copyright Owners Society (AMCOS)/ Australasian Performing Right Association (APRA)/ Australian Record Industry Association (ARIA) The AMCOS/APRA/ARIA licence allows schools to reproduce musical works and sound recordings for non-commercial, educational and commemorative purposes. The licence entitles schools to record pieces of music, lyrics and sound recordings for use in concerts and other school events. The licence does not cover video recordings of musicals. For the full details of schools public performance of music provisions please refer to the National Copyright Guidelines at < 1e. Photocopying originally purchased print music AMCOS Voluntary Licence The AMCOS licence permits schools to copy printed musical works (sheet music) by or on behalf of schools. Under this licence there are different limits for primary and secondary school copying. APRA/AMCOS have developed a publication entitled A practical guide to the use of Print Music in Australia to assist anyone using print music. The guide is regularly updated and can be found on the APRA website at < under the music users section and then under publications and guides. The National Copyright Guidelines on the Smart Copying Website < also outline the AMCOS licence for print music. 55

25 5 Fair Dealing The fair dealing provisions in the Copyright Act allow for a reasonable portion of copyright material to be used for a number of purposes without seeking permission or making payment to the copyright owner. These include using material for: reporting the news criticism or review research or study parody or satire When relying on any of the fair dealing provisions it is important to acknowledge the source work, copyright owner and author of the work if different from the copyright owner. For more information on acknowledgement see the notes on Moral rights in Section Three. a. Reporting the news Reporting the news in the print, radio or television media is considered a fair dealing including audio-visual material (such as sound recordings, films and broadcasts). The term newspaper, magazines or similar periodical includes e-zines and other online publications as well as school newspapers and magazines. b. Criticism or review A student may copy or communicate parts of a literary, dramatic, musical and artistic work for the purpose of criticism and review. A student might rely on this provision when reviewing a book, CD or film for a student newspaper or similar publication. The same exception applies for audio-visual material (sound recordings, films and broadcasts). c. Research or Study A student or teacher may rely on this provision to copy and communicate a reasonable portion, and in some cases an entire: literary, dramatic, musical or artistic work sound or television broadcast film, video /DVD sound recording multimedia product computer program database for the purposes of their own research or study. The person undertaking the study and research (i.e. a school student) must be the person doing the copying for it to be considered a fair dealing. 56

26 Teachers may not use the research and study fair dealing provision to make multiple copies of material for their students research or study. This is covered by other provisions and licence schemes. A reasonable portion is generally considered to be: for works that contain at least 10 pages: 10% of the number of pages in the edition or if the work is divided into chapters, a single chapter. for works that are published in electronic form: 10% of the number of words pages in the edition or if the work is divided into chapters, a single chapter. Teachers and students may copy or communicate more than a reasonable portion of a literary musical or dramatic work or more than one article for the same research if it is fair to do so. You can decide if the copying or communication you intend to do would be fair by considering the following factors: the purpose and character of the dealing the nature of the work the possibility of obtaining the work within a reasonable time at an ordinary commercial price the effect of the dealing upon the potential market for, or value of the work in the case where only the part of the work is copied - the amount and substantiality of the part copied in relation to the whole work External students who are enrolled in an educational institution can rely on the fair dealing provision for research or study provided that the copying is related to an approved course of study or research. d. Parody or Satire Teachers and students can use most types of copyright material for the purpose of parody or satire, provided that use is fair. This exception includes extends to any type of copyright material and use including copying, adapting, performing and communicating (i.e. making it available online). The use under this provision is likely to be considered fair if: You have, or your student has, only used enough of the source copyright material that is necessary to make the intended parodic or satirical point. For example: if you want to make a satirical comment about a film director's portrayal of women, it is more likely to be fair if you have only used one relevant scene of the film, not the film in its entirety, to create a piece with subtitles or voiceover if a student wants to make a satirical comment about the health issues around underweight models in fashion photography, it may be possible to use part of a fashion photograph, for example of a very skinny model's back, as opposed to an entire magazine article. 57

27 In some cases, it will be okay to use the whole of the source material. For example, a student might perform the whole of a popular song in a way that 'sends up' the popular singer. This may cease to be fair, however, if it were sold or widely distributed. Yours or your students use is also more likely to be fair if it is closely linked to a course syllabus. For more information on the fair dealing provisions please refer to the Smart Copying Site < 58

28 Smart Copying tips for schools Add the Curriculum Support, TaLe and Creative Commons websites to the Favourites folder on all school computers with access to the internet. Audit your video and DVD collection for pirated materials. Link to material rather than uploading material to your school network or internal web. Always check for a pre-licensed or free for education alternatives before copying straight from a website or text book. When making preview copies of radio and television broadcasts be sure to discard any copies which you do not wish to keep before 14 days expire. Obtain a direct licence from the publisher or creator where possible. Be sure to mark the material. Keep a log of any material which contains a licence for your school to copy and communicate the material (many online subscriptions and CD-ROMS include a licence for schools to copy the material once the initial purchase price is paid). Maintain a list of any material which contains a copyright statement permitting copying and communication for educational purposes. Ensure that any NEALS material is not made available to other schools that would not normally have access to the material. Remove electronic copyright material from networks and systems when it is not being used. 59

29 Section Three: Creating copyright material at school Copyright ownership 3 The Department Code of Conduct contains a number of standards around copyright ownership of material including material created by staff, jointly developed material and material created by volunteers. These standards are summarised below. Material created by staff The Department controls and manages all copyright created by its staff while under the direction and control of the Department. This includes any material which is created by staff in their own time for their employment with the Department. Staff should not use Departmental copyright material for private purposes unless permission is granted first. The permission should be sought either through the NSW Copyright Unit or through the Directorate/Unit which originally created the copyright material. If a member of staff prepares material in their own time, using their own resources for a purpose other than their employment and subsequently uses that material in the course of their employment with the Department, the Department does not own copyright. Material created by two parties As a general rule the Department discourages staff from entering into joint copyright ownership contracts. Aside from often being plain complicated, joint agreements can lead to delays in granting or obtaining permissions and difficulties in identifying rights of each party at a later stage. Material Created by volunteers and researchers As the ownership of material developed by volunteers and researchers can be unclear, a written agreement establishing copyright ownership should be developed between the school and the volunteer before the work commences. The agreement should also address moral rights (personal rights of the creator to be acknowledged and respected): The Legal Services Unit <[email protected]> and the Copyright Unit <[email protected]> are available to assist with drafting agreements. 60

30 Students as creators Students are constantly creating material both in class and as part of their homework. Copyright of work created by students in the course of their studies will belong to the student unless an agreement to the contrary is established between the student and the school. Similarly, joint class projects will belong to the class jointly unless there is an agreement in place which states otherwise. A student s work may be used within the Department or a school for educational purposes. However, permission should be gained from the student and/or parent/guardian for any further use of the work. Permission should be sought from the student when the material is included on the internet, video recordings, published in a newsletter and so on. Work experience students creating copyright material during the period of work experience cannot claim copyright ownership as any material they produce would be developed under the direction of the Crown (DET). Seeking permission to use student works If your school wishes to use a student s work you will need to obtain permission from the student and/or their parent/guardian. The permission letter found at the following link < can be used for this purpose (or see Copyright Appendix E on page 88.) Seeking permission to use Third Party Works If your school wishes to publish material which includes third party material (material created by someone else) it is important that the appropriate permission is obtained. The example letter included in Section Three is suitable to use for this purpose. Copyright Appendix F on page 89.) Labelling material Although copyright is an automatic right it is still important to correctly label all material published by and for your school by using copyright notices and labels. A detailed information sheet on how to label material created by your school is available on the Smart Copying website < (or see Copyright Appendix G on page 91.) It is standard practice to display a copyright notice on material to notify others that the work belongs to you. It also allows the copyright owner to be identified by a collecting society or anyone wishing to use your work. The Department of Education and Training has developed some standard copyright notices for use on Departmental copyright material. The following notices are suitable to display on school publications and websites, provided you are not creating commercial material or material which contains large volumes of third party works (material created by someone else). 61

31 Standard Notice to display on publications created by your school: State of New South Wales through the NSW Department of Education and Training, [year of first creation or publication]. You may copy, distribute, display, download and otherwise freely deal with this work for any purpose, provided that you attribute the Department as the owner. However, you must obtain permission if you wish to (1) charge others for access to the work (other than at cost), (2) include the work in advertising or a product for sale or (3) modify the work. This permission does not extend to copyright in the materials in this publication that are owned by others. Standard website notice: This website contains information, data, documents, pages and images ( the material ) prepared by the NSW Department of Education and Training. The material is subject to copyright under the Copyright Act 1968 (Cth), and it is owned by the State of New South Wales through the Department of Education and Training. The NSW Department of Education and Training encourages the availability, dissemination and exchange of public information. You may copy, distribute, display, download and otherwise freely deal with the material for any purpose, on the condition that you include the copyright notice State of New South Wales through the Department of Education and Training on all uses. You must, however, obtain permission from the Department if you wish to: charge others for access to the work (other than at cost) include all or part of the work in advertising or a product for sale, or modify the work. To obtain such permission, please contact insert name and position details of copyright contact on telephone insert contact number or via insert address You may publish the material to another website, however if you publish an entire document or publication, we prefer you to make a direct link to this website to ensure that the latest version is always displayed. This permission does not extend to copyright in the materials on this website that are owned by others. Moral Rights This website is licensed under the National Educational Access Licence for Schools (NEALS). Schools administered or represented by parties to NEALS may freely reproduce and/or make available online or electronically transmit this material in whole or part for educational uses. Moral rights entitle creators to a number of further rights under the Copyright Act including; the right of attribution for their works the right against false attribution the right of integrity so a work is not treated in a way that affects the author s honour or reputation. Moral Rights apply to a range of copyright material including literary, dramatic, artistic and musical works, computer programs and films and television programs. You must attribute an author when you reproduce, publish, perform, broadcast or adapt the work. This includes exhibition of artistic works and communication via . 62

32 Moral rights cannot be assigned, transferred or waived and irrespective of the copyright owner, moral rights remain with the creator. However, any document created as official correspondence of the Department does not require moral rights acknowledgement. The rationale for this is that the material represents the Department rather than the work of the individual employees. What does this mean for schools? When copying or communicating material created by someone else, schools need to ensure that the creator it is correctly acknowledged. Moral rights can be acknowledged simply by including the creator s name at the bottom of their material. In the case of multiple creators, each name should be listed as co-authors. There are some circumstances when it is reasonable not to attribute authorship. These include when: it is not a major work and the creator is an employee attribution would detract from the official purpose of the work identifying the author/s would incur unreasonable difficulty or expense. Examples where it is not appropriate to acknowledge moral rights: policy, guidelines and any other document formally endorsed as DET official information letters and official school correspondence. When it is appropriate to acknowledge moral rights The following examples could be considered for acknowledging authorship: Curriculum Support resources discussion papers newsletter articles or other contributions published on paper or electronically software (in programming comments) conference or journal papers. Culturally and commercially sensitive material Culturally sensitive Indigenous Cultural and Intellectual Property Rights (ICIPR) is a reference to Indigenous peoples' rights to their heritage. Indigenous peoples' heritage is a living heritage and it includes objects, knowledge, performing works, and literary works - all of those things created in the past, now and in the future. The nature and use of Indigenous peoples' heritage is passed down from generation to generation. Usually the particular objects, sites and knowledge pertain to a particular indigenous group or territory. Heritage includes: literary performing and artistic works - songs, music, dance, stories, ceremonies, symbols, language and designs all items of moveable cultural property immoveable cultural property - sacred sites, burial grounds documentation of indigenous peoples' heritage in archives, films, photographs, video and audio tapes and all form of media. 63

33 Essentially, ICIPR are a bundle of rights of indigenous peoples which protect the right to: own and control ICIPR commercialise ICIPR in accordance with traditional laws and customary obligations benefit commercially from the authorised use of ICIPR enjoy full and proper attribution protect significant and sacred materials. There is no specific legislation in Australia that recognises ICIPR. ICIPR may be protected by copyright, trade marks, confidential information, passing off and trade practices law. All staff are encouraged to respect and be aware of culturally sensitive material and Indigenous works when developing copyright material which may involve the use of these works. Commercially sensitive Departmental copyright material can not be licensed out by a staff member, contractor or consultant in a way which may jeopardise the commercial interests or reputation of the Department. It is considered a breach of the Code of Conduct to use official, confidential or commercially sensitive information for improper or inappropriate purposes. Breach of copyright If you are aware that someone in your school (staff or students) may have infringed copyright, please contact the Legal Services Unit <[email protected]> 64

34 Section Four Further Information and Contacts Useful links to online copyright resources NSW Department of Education and Training - Copyright Intranet Site This Department s Copyright Site contains up to date information on copyright related policies, information sheets and links to free for education materials <detwww.det.nsw.edu.au/deptresources/copyright/> National Smart Copying Website for Schools The Smart Copying Website has been designed specifically for schools to obtain copyright information. The site is home to the National Copyright Guidelines for schools as well as a number of informative information sheets on a range of copyright issues. < Australian Copyright Council The Australian Copyright Council is an independent organisation providing support and information in relation to copyright. The Australian Copyright Council has a very comprehensive website which includes links to information sheets on specific topics relevant to the education sector. < Copyright Friendly Education Resources for Schools Curriculum support < Teaching and Learning exchange (TaLe) < Creative Commons < Wikipedia < Flickr (photo library) < Pre-linger Archives (video in the public domain) < 65

35 Copyright Appendix A AUSTRALIA Creative Commons Resources for Schools The Creative Commons provides an alternative licensing system so that authors, musicians and other creators can grant rights to the public to use their work without payment but still retain control over their copyright material. Schools can use Creative Commons resources such as music, film clips and photographs in their projects and teaching resources free of charge. Conditions for using Creative Commons and other material The licence terms under which items are available on these websites vary. Generally, you are asked to attribute (acknowledge) the name of the original creator when you use a copy of their work. Others require you to attribute the original creator and send them a copy of any resources you create which incorporate their material. Check the licence terms on each item before use. Creative Commons Licence Symbols Creative Commons licensed material can be identified by the use of one of the following symbols. Usually a notice with the words Some Rights Reserved will appear with one or more of these symbols. More information about the symbols used in Creative Commons licences is available at: < Licence Symbol Type of Use You Can Attribution (by) Commercial and non commercial Copy and enhance (adapt or modify), redistribute (publish, display, exhibit, publicly perform or communicate eg by or by placing on a website) and license to others on any terms. Attribution Required Yes 66

36 Attribution Share Alike (by-sa) Commercial and non commercial Copy, enhance and redistribute but you must make the new work available on same licence terms as original Yes Attribution No Derivatives (by-nd) Commercial and non commercial Copy but not enhance. Redistribute only in original form. Yes Attribution Noncommercial (by-nc) Non Commercial only Copy, enhance and redistribute. License to others on any terms. Yes Attribution Noncommercial Share Alike (by-nc-sa) Non Commercial only Copy, enhance and redistribute but you must make the new work available on same licence terms as original Yes Attribution Noncommercial No Derivatives (by-nc-nd) Non commercial only Copy but not enhance. Redistribute only in original form. Yes Attribution Only Licences Attribution Only licences (see for example, the Creative Commons Attribution 2.5 Australia licence at < are the easiest to use. These licences allow you to copy and enhance (adapt or modify) the source material and make your version available to others (redistribute) as long as you attribute the creator of the original material. How to attribute Creative Commons material You should always attribute the original work by adding a notice giving the following information. These details can usually be found on the original item. The name (or pseudonym) of the creator of the original work The name of the item The details of the licence it was provided under eg Creative Commons Attribution 2.5 Australia The web address (URL) of the original item and the website it was found on (eg Flickr, Owl Music Search, etc.) 67

37 However, you are only expected to provide this information in a form which is reasonable in the circumstances. This will depend on the information available about the original item, the way you are using the item and the space available. On a film, for example, it would be reasonable to add the name of the creator of the item with the Creative Commons details as a credit at the end of the film. If space is limited, for example, in the case of a photograph, list the name of the original photographer and the Creative Commons licence details under the photo. Example 1: Chart on Volcanos found on Flickr Made available under Creative Commons 2.0 Attribution Licence: commercial and noncommercial use permitted; can be copied, enhanced and redistributed but attribution is required. Suggested Attribution: Original Chart: Cogdogblog (Flickr) Made available under Creative Commons 2.0 Attribution Licence: Available at: < Example 2: Graphic from Course Outline and Materials for The Brain and Cognitive Sciences, MITOpenCourseWare, Massachusetts Institute of Technology. Made available under Creative Commons Attribution-NonCommercial-ShareAlike Licence 2.5 : for non commercial use only; can be copied, enhanced and redistributed but attribution is required. New work must be made available on same licence terms as original. 68

38 Suggested Attribution: Original Photography: MITOpenCourseWare Made available under Creative Commons Attribution-NonCommercial-ShareAlike Licence 2.5: < Available at: < Brain-and-Cognitive-Sciences-IFall2002/CourseHome/index.htm> Creative Commons and other Open Access Resources on the Web Note to Teachers: Students should be supervised when searching these databases some material may not be suitable for younger students. Information about Creative Commons < CC international site < - CC Australia site < icommons CC-founded open source community < - List of sites which host CC-licensed material Search tools for finding Creative Commons and Open Access resources These sites have material which is searchable by how they can be used, including whether they are under a Creative Commons licence: < - main CC search engines < - search engine for Australian open content material < Google advanced-search allows you to search for material based on its usage rights < yahoo advanced-search allows you to search for CC licensed material only < - allows you to search the Flickr photo archive for CC material < - video site that allows you to search based on licence < - internet browser with a built in CC search function < - Owl offers a next generation music discovery engine which compares your favourite songs to thousands of others to find similar songs, all of which are CC licensed 69

39 Web resources where all material is CC licensed or open access Text Images Sound Video < - CC wiki listing notable CC licensed books < - an artistic project which releases an eclectic mix of writing under CC licensing < - collection of Australian state and federal legislation, case law and journals. AustLII participates in the <free access to law> movement. < - photographs of the British Isles all under CC licences < - a moderated photo community with over 3000 CC licensed photos in various categories < CC sound remix tool and archive < CC music archive < CC record label < CC music distribution site < - collaborative database of CC licensed sounds < - collaborative podcast where users can contribute, find, and share music under CC licences < music community < - archive of field recordings from various locations around the world published under a CC Attribution licence < - CC wiki listing notable CC licensed films. < advertising supported CC video site < - Elephants Dream, open source film < - Cafune, featurelength CC film < - Master flash files and bitmaps of every piece of art used in the Odd Job Jack cartoon, available under a CC licence. 70

40 Collections Other < - provides free, searchable, access to MIT's course materials for educators, students, and self-learners around the world. < - a directory of open access academic repositories, featuring collections such as: < - the Teaching and Learning Research Programme supports and develops the UK's educational research to improve outcomes for learners of all ages. < - the Harvard-Smithsonian Centre for Astrophysics, has built an extensive collection of digital video materials supporting science, technology, engineering, and mathematics education reform. < - Overmundo Banco de Cultura - Brazilian multi-format CC archive (in Portuguese, but you can view the licences in English). < - provides music lessons in text, audio and video format under CC licence. Web resources where some material is CC licensed or open access Images Video Other < online photo album CC licensed material can be accessed via the main site, or through a dedicated portal at < < Australian themed images, some of which are CC licensed. Includes the following Flickr groups: People, places and events - < Australia Day - < < free video distribution site < - The Internet Archive is an internet library, hosting thousands of CC-licensed and Public Domain video, audio, and text items. < Second Life, a resident built virtual world, which allows open licensing for content created in the world < - Remix Commons is a network of free culture projects in the UK < - Open Clip Art Library < - The Light and Matter series of introductory physics textbooks is available for free under a CC licence. 71

41 For more information contact the Department of Education and Training Copyright Unit: Elizabeth Markwick Fiona Migan Manager, Copyright Senior Policy Officer, Copyright Telephone: (02) Telephone: (02) Facsimile: (02) Facsimile: (02)

42 Copyright Appendix B Performance and communication of works and audio visual material in class What am I allowed to do? Schools are allowed to perform copyright material in class under a free exception in the Copyright Act (section 28). Recent amendments to the Copyright Act extended the exception to include communication of material to a class. So now, if your use meets the conditions set out below, you can perform and communicate copyright material to your class free of charge and without the copyright owner's permission. What is a performance? A performance under the Copyright Act includes any mode of visual or aural presentation, such as: reciting a poem; showing a film (eg, a video or DVD); playing a sound recording (eg, a CD); staging a performance of a play; or displaying a diagram or plan on an overhead transparency. What is a communication? A communication under the Copyright Act involves making copyright material available online or electronically transmitting copyright material. 'Making available' can include putting material on an intranet. 'Electronic transmission' includes , streaming or electronic reticulation. When can I perform a work or audio-visual item in class? Teachers and students can read or perform a literary, dramatic or musical work, or play sound recordings and films in class, where it is: in the course of education and is not for profit; and the people in the audience or class are giving or receiving instruction, or are directly connected with the place where instruction is given. A class includes virtual classes and distance education students. Note: this exception does not extend to playing films or sound recordings for nonteaching activities such as rainy day film screenings, bus trips or school camps. 73

43 When can I communicate works and audio-visual materials in class? Teachers and students can communicate: literary, dramatic and musical works; films and sound recordings; television and radio broadcasts (including works embodied in those broadcasts); and artistic works, to classes, to enable classroom performances and playing of sound recordings and films in class using new technologies. A class includes virtual classes and distance education students. What uses of copyright material am I allowed to make? Some of the things you are allowed to do are to: use an electronic delivery system to transmit a television program or film from a central DVD player in the library to a monitor in the classroom; use virtual classroom software to show copyright materials, such as films, to external students; recite a poem to students in a virtual class over Skype; play a film from a content management system (such as myclasses, Moodle or ClickView) in class; make a film available via a content management system for access by distance education students for the purpose of a particular class; and display or project material to a class, such as a poem, on an electronic whiteboard or data projector. What about storing material on the intranet or a content management system? Storing content on an intranet or a content management system involves communicating that material. (It can also often involve making an intermediate copy to get the material in a form suitable for uploading onto the intranet or the content management system). Section 28 allows the communication of content when it is made merely to facilitate the classroom performance of that content. That means that if content is placed on the intranet or a content management system it should be removed at the end of the lesson or when it is no longer required for the class. There is some overlap between what schools are allowed to do under section 28, the statutory licences and the new flexible dealings provision in section 200AB: 74

44 Type of use Type of content What is allowed Copyright status One off use (no storage beyond class) All Upload to intranet or content management system for the classroom performance. Material must not remain stored after the end of the class Free Longer term storage Works (eg, books, text, photographs, diagrams, scores, poetry) Off-air broadcasts (TV and radio) Other audio visual content (eg, films and sound recordings) Upload allowed under the Part VB statutory licence (note copying limits apply see National Copyright Guidelines for more information) Upload allowed under the Part VA statutory licence Upload may be allowed under the new flexible dealings exception (s200ab). See information sheets on s200ab and format shifting for more information) Paid for under the statutory licence Paid for under the statutory licence Free Teachers are encouraged to choose free rather than paid for uses of copyright materials whenever appropriate for their teaching needs. What uses of copyright material am I not allowed to make under s28? There are some uses of copyright material that you will not be able to make, such as: making content available on an intranet or a content management system where it is not for the purpose of showing the content in class keeping content available on an intranet or a content management system for longer than the time needed for the class (ie, for permanent or longer term storage). Note: you may be able to upload content to an intranet or content management system for a longer period of time under a statutory licence or under the new flexible dealings provision see the table above; communicating or performing a work, such as a poem, or playing a film or sound recording: to the parents of students; for a fundraising activity; at a school excursion or camp where there is no teaching involved; for non-teaching purposes in the school (eg, showing a film at lunch on a rainy day with no teaching involved). 75

45 For more information contact the Department of Education and Training Copyright Unit: Elizabeth Markwick Fiona Migan Manager, Copyright Senior Policy Officer, Copyright Telephone: (02) Telephone: (02) Facsimile: (02) Facsimile: (02)

46 Copyright Appendix C The new flexible dealings exception What am I allowed to do? The Copyright Amendment Act 2006 introduced an important new exception for Australian schools which allows Australian teachers to use copyright materials free of charge in narrow circumstances for the purposes of educational instruction (section 200AB of the Copyright Act). Section 200AB is different to other exceptions in the Copyright Act because it does not specify exactly which copyright uses will and won't be permitted. Instead, it sets out a number of rules which teachers must use to decide whether a particular use of copyright material will be allowed. This fact sheet explains how teachers can decide whether or not a particular use of copyright material may be permitted by section 200AB. The fact sheet is in three parts: 1. Some common uses of copyright material permitted by section 200AB 2. A flow chart to help you decide whether something else you want to do with copyright material will be permitted by section 200AB. 3. The answers to some frequently asked questions about section 200AB Common uses of copyright material permitted by section 200AB Some common uses of copyright material in Australian schools will be permitted by section 200AB, such as: making a captioned version of a film for hearing impaired students when it is not possible to buy a captioned version of the film and you need to show the film in class converting 8-track or VHS tapes to DVD where it is not possible to buy a DVD of that film and the DVD is needed for teaching purposes copying a small extract of audiovisual material on a CD-Rom to disc or PowerPoint for classroom display compiling short extracts of audio-visual material for use in class (such as making a DVD of short extracts of several films for an English class) when it is not possible to buy a similar teaching resource 77

47 copying a French language song that is not available for purchase in digital format to a digital file for inclusion in a podcast for a French language class including short extracts of music in PowerPoint teaching aids translating an extract of an Australian novel into Japanese (where you cannot buy a copy in Japanese) for use in a Japanese language class staging a free practice performance of a play on a drama syllabus for family and friends to allow drama students to practice for a performance assessment preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need making a three-dimensional sculpture of an image as part of an art class exercise. Note: If a work is protected by a copyright protection technology, you may not be able to copy material under this exception. It is not permissible to circumvent an access control TPM such as CSS on DVDs. For more information see Copyright Protection Measures and the Copyright Amendment Act 2006 Information Sheet. Note: These examples assume that the source copy of all materials has been legitimately acquired by the school. 78

48 A flow chart to section 200AB deciding whether your use is permitted This flow chart shows you the decision making process you will need to follow if you want to decide whether what you want to do with copyright material will be allowed under section 200AB. If you are unsure about whether your use is permitted, you should contact your local Copyright Manager for assistance (see Contacts.) 1. Am I using this for giving educational instruction? Am I teaching in a classroom or remotely, preparing to teach, compiling resources for student homework or research or doing something for the purpose of teaching? Yes Yes Yes No No 2. Is my use noncommercial? 3. Is my use a special case? 4. Does my use conflict with normal exploitation? 5. Would I unreasonably prejudice the copyright owner? Am I, my students or the school making a profit or getting commercial advantage from this? (Cost recovery is OK) - Is my use narrow in a qualitative and quantitative sense? - Is my use only what I need for my teaching purpose? - Can I buy or get a licence for this use? - Is this use a way the copyright owner usually makes money from their work? - Will I deprive the copyright owner of significant revenue now or in the near future? - Am I taking more than I need? - Am I exposing the material to a risk of piracy? - Am I interfering with the quality of the material? - If I answer yes to any of these questions, is there something I can do to minimise any prejudice? Covered by 200AB 79

49 Frequently asked questions Q: Who can use section 200AB? A: Teachers and staff in schools or school administrations (such as an education department or Catholic Education Office), provided the use is for educational instruction. Q: When can I use section 200AB? A: You can only use section 200AB where another educational exception or statutory licence in the Copyright Act does not apply to what you want to do. For example, if you want to make a scanned copy of a photograph, as this is covered by the statutory licence in Part VB of the Act section 200AB will not apply to you. However, if you want to copy an extract of a movie, this activity is not covered by another exception or statutory licence so your copying may be allowed under section 200AB. For more information on what copyright uses are covered by other licences or exceptions see the National Copyright Guidelines. Q: If I am a teacher does section 200AB automatically apply to me? A: No. There are five rules that apply to section 200AB: 1. You must be using the copyright material for the purposes of giving educational instruction. 2. Your use must be non-commercial. 3. The circumstances of your use must be a special case. 4. Your use must not conflict with the normal exploitation of the copyright material you are using. 5. Your use must not unreasonably prejudice the copyright owner. See other frequently asked questions for more information about the words in italics. Q: What types of copyright material does section 200AB cover? A: All types of material. This means that section 200AB may apply to all types of copyright material in hard copy and digital formats text based works (such as books, plays, journals and newspapers), artistic works (such as cartoons, photos and illustrations), musical works (such as sheet music and scores), sound recordings (such as music CDs), television and radio broadcasts and films. 80

50 Q: What does section 200AB allow me to do with copyright material? A: Section 200AB applies to all of the rights owned by a copyright owner. This means that section 200AB may let teachers copy and communicate (eg, or upload to the intranet), as well as make an adaptation of a work (eg, translate from one language to another), publish or perform the material in public. Note: some types of copyright material will almost always be protected by an access control TPM (such as commercially produced entertainment DVDs like 'The Castle'). You are never allowed to remove or disable an access control TPM for the purposes of section 200AB. For more information on what is an 'access control TPM' see the Copyright Protection Measures and the Copyright Amendment Act 2006 Information Sheet. Q: How do I know if my use is for the purposes of giving educational instruction? A: Your use will be for the purposes of giving educational instruction if you need to use the material for teaching (including remote teaching), preparation for teaching, preparing materials for students to use for homework or research tasks or other uses that are for the purposes of teaching. Note: "just in case" copying will not generally be for the purposes of giving educational copying (eg, "I'll copy that in case I need it sometime in the future"). You should have a particular instructional purpose in mind. Q: How do I know if my use is non-commercial? A: Your use will be non-commercial as long as you, your class or your school do not make a profit or obtain some other commercial advantage from your use of the copyright material. This does not stop you from charging a cost recovery charge in relation to the use (for example if you copy material onto discs and you want to charge students the cost of their disc). Q: How do I know if my use is a special case? A: This is a requirement that your use of the work be narrow in both size and scope. The more narrow your use of copyright material, the more likely that your use will be a "special case". In other words, using a small amount of something for a classroom activity is almost always going to be a special case. Copying more than what you need, or copying material "just in case I need it", where you don't know exactly how you are going to use it, might not be a special case. Q: How do I know if my use conflicts with the normal exploitation of the copyright material I want to use? A: Your use will conflict with the normal exploitation of the copyright work if you copy or use copyright material in circumstances where it is possible to buy the material from the copyright owner (including in a shop or online), or if you could obtain a licence for your use (eg, if you have ordinarily obtained a licence from the same publisher to use the same or a similar type of work). 81

51 See the flow chart for more information about how to decide whether your use conflicts with normal exploitation. Q: How do I know if my use will unreasonably prejudice the copyright owner? A: Your use will unreasonably prejudice the copyright owner if it hurts the copyright owner's interests in either an economic or non-economic sense in an unreasonable way. For example, if you expose the copyright owner's work to a high risk of piracy (eg, uploading a music file to the internet) you are likely to be prejudicing the copyright owner. This might also be the case if you take more of the copyright material than you need (eg, you copy a whole music CD when you only need to copy 1 song). See the flow chart for more information about how to decide whether your use will unreasonably prejudice the copyright owner. For more information contact the Department of Education and Training s Copyright Unit: Elizabeth Markwick Fiona Migan Manager, Copyright Senior Policy Officer, Copyright Telephone: (02) Telephone: (02) Facsimile: (02) Facsimile: (02) [email protected] [email protected] 82

52 Copyright Appendix D Format shifting and the Copyright Amendment Act 2006 What am I allowed to do? What is format shifting? "Format shifting" is a term used to describe copying content from one technological format to another. Some examples of format shifting include making a copy of a music CD to store on an IPod, or making a DVD copy of a VHS tape of a film. Note: there has been lots of media attention recently about a new format shifting exception that was introduced in the Copyright Amendment Act This exception is a private and domestic use exception and does not apply to schools. THE COPYRIGHT AMENDMENT ACT DOES NOT GIVE SCHOOLS A GENERAL RIGHT TO FORMAT SHIFT COPYRIGHT MATERIAL. Schools have only very limited format shifting rights Key points to note: SCHOOLS ARE NOT GENERALLY ALLOWED TO FORMAT SHIFT THEIR WHOLE LIBRARY OR COLLECTION (eg, from video to DVD or from video to a content management system like myclasses, Moodle or Clickview). SCHOOLS ARE NOT ALLOWED TO FORMAT SHIFT IF MAKING THE FORMAT SHIFT COPY CIRCUMVENTS AN ACCESS CONTROL TECHNOLOGICAL PROTECTION MEASURE Most commercial DVDs are protected by an Access Control Technological Protection Measure (Access Control TPM). Schools are not permitted to circumvent this Access Control TPM to make a format shift copy (eg, by using software such as decss or DVD Shrink). SCHOOLS NEED TO CHECK BEFORE FORMAT SHIFTING EACH INDIVIDUAL ITEM WHETHER IT IS POSSIBLE TO BUY THAT ITEM IN THE NEW FORMAT (eg, if you want to transfer two videos to DVD, you need to check whether you can buy each title in DVD before it is possible to make a DVD of that title). 'JUST IN CASE' FORMAT SHIFTING IS NOT PERMITTED Schools are not allowed to transfer resources eg, from video tape to a content management system 'just in case' it will be useful later on. Any format shifting needs to be done for the purpose of giving educational instruction in the near future. 83

53 Are schools ever allowed to format shift? Some limited format shifting is permitted under the new 'flexible dealings' exception (new section 200AB). A school or TAFE is allowed to format shift copyright material (eg, a video to DVD or music tape to CD) if: 1. The original copy of the material is lawful. This means that the school bought it, or it is a genuine (non-pirate) copy of the material that was given to the school. 2. The copy is being made for the purpose of educational instruction (eg, a teacher needs to use the material in class or students need it to do homework). 3. It is not possible to buy the material in the new format within a reasonable time. 4. You do not use the format shifted copy in a way that would unreasonably prejudice the copyright owner (such as putting it on the Internet or giving students access to an electronic file that they could copy). 5. You do not remove or disable an Access Control TPM to make the format shifted copy. What do you mean by 'purpose of educational instruction'? Your use will be for the purpose of educational instruction if you need to use the material for teaching (including remote teaching), preparation for teaching, preparing materials for students to use for homework or research tasks, or other uses that are in connection with your teaching. For example, you can format shift a film on VHS that you can't buy on DVD if you want to play the film on the DVD player in the classroom for a lesson. You can't format shift just in case you might want to play the film at some point in the future. What do you mean by 'buying the material in the new format'? Consider the example of a teacher who wants to copy a film from VHS tape to a DVD to play in class. The VHS tape is the 'original copy' and the DVD disc would be the 'new format'. The teacher is only allowed to format shift from VHS to DVD if s/he cannot buy the DVD in a reasonable time. In other words, for a commercial DVD such as 'The Castle' which is available in most DVD shops or for order online, it will not usually be possible to make a format shift copy of the film. If the school wants to own a copy in DVD format, the school will have to buy a DVD copy. For older educational resources (for example, older documentaries) it may not be 84

54 possible to buy a DVD copy of the film, so the teacher would be able to format shift these types of resources. Teachers should always check whether it is possible to buy the copyright material in the new format within a reasonable time before making a format shift copy. What do you mean by 'reasonable time'? A reasonable time will depend on the type of material being used. However, as a guide, you should think about the time it would take you to buy that material from a retailer (either from a shop or to have it shipped to you from an online retailer). For films (on video or DVD) and music (CD) a reasonable time is two weeks. Even remote schools should be able to order a copy and have it posted to the school in two weeks. What do you mean by 'unreasonably prejudice'? Your use will unreasonably prejudice the copyright owner if it hurts the copyright owner's economic or non-economic interests in the work you wish to format shift. For example, if you want to format shift a film on video tape, you would unreasonably prejudice the copyright owner's interests in the film if you exposed the film to a high risk of piracy (eg, putting a copy of the film on the Internet or, possibly, if you handed out copies to students). A good question to ask is "If I was a copyright owner, would I want someone to do this to my work?" If you answer no to that question, there is a good chance that you will be causing unreasonable prejudice to the copyright owner. What is an Access Control Technological Protection Measure? You must never circumvent an Access Control TPM to make a format shift copy under s200ab. An Access Control TPM is a copyright protection technology used by copyright owners to control access to their content. The most common example is CSS, which is used on DVDs. Other examples are password controls and timed download tools (eg, that allow access to content for a certain amount of time). 85

55 Are there any marking or labelling requirements for format shifted copies? No. There is no legal requirement to mark or label a format shifted copy (other than Part VA copies of broadcasts). This does not stop you from marking or labelling a copy if you want to. It is good practice to mark a format shifted copy with words similar to: "Copied under section 200AB of the Copyright Act 1968". Can a school copy its entire collection of educational resource films to store on a content management system? A school will always need to ask the five questions under the heading 'Are schools ever allowed to format shift?' before it is allowed to format shift material. This means it is not possible to copy an entire collection without checking the answers to these questions in relation to each item that the school wishes to format shift. If it is possible to buy any of the resources in the school's collection in digital format, the school will not be allowed to copy that resource onto the content management system. Can a school copy an educational resource film on videotape to another format if the resource is degrading? Yes, as long as the other requirements are met (ie, that you need the resource for the purpose of educational instruction and you cannot buy a new copy in the form you need it). You cannot update a degrading resource "just in case", or if you could buy a copy of the film in the new format. You must also ensure that any copying does not circumvent an Access Control TPM. In addition, a school library is allowed to copy a film held in its collection in a published form (ie, on commercial VHS tape) that has been damaged or has deteriorated for the purpose of replacing the original copy of the film (in the same format). Note: A library is only allowed to copy films contained in the school's collection. The library cannot borrow material from another school to make a new copy. Can I make a back up copy of an educational resource film to the same format? Making a back up copy in the same format is not format shifting (transferring from one format to another, such as from VHS to DVD) so it will not be covered by this fact sheet. In any case, you generally will not be able to make a back up copy. This is because you need to be making the copy for the purpose of giving educational instruction, not just as a back up. Also, you will not be able to make a copy where it is possible to buy a copy in the time required. 86

56 Can I format shift anything other than movies? Yes, as long as you meet the five conditions under the heading 'Are schools ever allowed to format shift?. For example, you can copy an old language lesson cassette onto CD (where you cannot buy the CD within a reasonable time). You should note that schools have a licence from some music collecting societies to make certain uses of musical works and sound recordings. This licence will take precedence over the new section 200AB. Generally, this licence will allow you to make the following format shift copies: Format shift copy of music to be made Cassette to CD 8-Track to CD Does the licence apply? Yes, if the copy is for a school event or for analysis as a part of a course of instruction Yes, if the copy is for a school event or for analysis as a part of a course of instruction If the format shift copy you want to make does not appear in the table above, you might be able to make the format shift copy of the music under s200ab: Format shift copy of music to be made Cassette to MP3 file or similar CD to MP3 file or similar MP3 file or similar to CD The licence does not apply, but: Section 200AB may allow you to make the copy if you meet the five conditions under the heading 'Are schools ever allowed to format shift?' Section 200AB may allow you to make the copy if you meet the five conditions under the heading 'Are schools ever allowed to format shift?' Section 200AB may allow you to make the copy if you meet the five conditions under the heading 'Are schools ever allowed to format shift?'. If you want to make a format shift copy of music under s200ab you will need to make sure that it is not possible to buy the material in the new format within a reasonable time. You should note that many songs and albums are now available for purchase via online music shops. You also must never circumvent an Access Control TPM on a CD in order to make a format shift copy. The schools music licence does not allow you to upload music MP3 files, or similar, to an intranet. This might be allowable under s200ab, depending on the application of the requirements set out in that section. 87

57 (The schools music licence does allow you to stream music from an intranet. However, you must make sure that a password is required to access the stream and that staff and students cannot make copies of the streamed music). For more information contact the Department of Education and Training s Copyright Unit: Elizabeth Markwick Fiona Migan Manager, Copyright Senior Policy Officer, Copyright Telephone: (02) Telephone: (02) Facsimile: (02) Facsimile: (02) [email protected] [email protected] 88

58 Copyright Appendix E Template Letter to Request Student s Permission to Use Material Correspondent s title & name Full address Dear insert title and surname of parent/guardian I am writing on behalf of the NSW Department of Education and Training to request permission to use and/or reproduce the work [insert name or description of work], which was created by [insert name of student]. The Department would like to use and/or reproduce the work for [insert intended use/s]. While some works do not identify their author, others do. Please be aware that if the work is used and/or reproduced the author may be identifiable. The Department follows the requirements of the Privacy and Personal Information Protection Act 1998 in the collection, storage, use, and disclosure of personal information. As part of meeting that duty the Department has developed a Privacy Code of Practice which is available on request. If you agree to grant the requested permission, please complete and sign the attached form and return a copy to [insert name of unit/directorate] at the following fax number [insert fax number] or to [insert postage address]. If you require any additional information regarding this request please contact [name and unit] on [insert phone number] or [insert address]. Yours sincerely, Insert Name Title Date 89

59 Copyright Appendix F Sample Letter to Request Student s Permission to Use Material Permission to Use Student s Work Details of work and rights holder Work Name of Student [insert name or description of work] [insert first name and surname of student] Grade [insert grade of student ] School Name of Parent/ Legal Guardian Address Telephone Number/s Fax Number address [insert school] [insert title and name of parent/guardian] [insert address] [insert telephone number] [insert name or description of work] [insert name or description of work] Please indicate the permission granted by ticking the appropriate box. I confirm that [insert first name and surname of student] is the rights holder of the Work and that I am their parent or legal guardian. I grant the following rights without payment for the full term of the Work s copyright: I authorise the NSW Department of Education and Training to copy and communicate the Work. I authorise the NSW Department of Education and Training to copy and communicate the Work for the following purposes only: [insert purposes as in letter] I do not authorise the NSW Department of Education and Training] to reproduce or communicate the Work. 90

60 The information provided on this form is being obtained for the purpose of administering educational programs for students in NSW Department of Education and Training schools. Provision of this information is voluntarily. The information contained on this form is personal and will be stored, used and disclosed in accordance with the requirements of the Privacy and Personal Information Act 1998 (NSW). Student Signature: Date: Parent Signature: Date: 91

61 Copyright Appendix G Labelling DET Print Course Material It is important to properly label all print course material published by and for DET. The purpose of labelling is to assist with the distribution of copyright royalties under the statutory licence scheme, and to ensure that DET does not pay to copy material that it owns or has permission to use. Labelling Printed Course Material Owned by DET If you publish print course material that is owned by DET, you must label the material as follows: The State of New South Wales, Department of Education and Training (Name of Directorate/Unit) 2007 This is best done in the footer of each page. Why Do We Need to Label Our Material? Material created by and for schools is a valuable asset, and it is important to properly identify it. In 2006, Australian schools paid over $51 million in copyright fees to the Copyright Agency Limited (CAL) to distribute to copyright owners. It is possible that a significant proportion of these fees were paid to copy material owned by schools and educational bodies. How do we know if material is owned by DET? DET owns copyright in all material created by its employees as part of their duties. It also own copyright in material created by a person or organisation who has agreed in writing to assign copyright in the material they create to DET. For example, a resource developer (an independent contractor), who has been engaged to write a module, may have been required to assign copyright in the module to DET as part of their contract of engagement. Why can t we just Include the name of the author? The author is often different from the copyright owner. For example, an individual teacher may be the author of the material, but copyright in it may be owned by their education department. It is important to include details of the copyright owner so that CAL knows that copyright in the material is owned by DET and should not be counted in the survey. 92

62 Labelling Material Under NEALS In an effort to reduce copyright fees, the State Departments of Education, Catholic Education Offices, independent schools associations and DEST have entered into the National Educational Access Licence for Schools (NEALS), which allows schools to copy and communicate publicly available educational materials produced by other educational bodies without payment. Although individual independent schools are not currently members of NEALS, they obtain the benefit of NEALS (that is, they can copy and communicate publicly available educational materials produced by other educational bodies without payment). Although they are not required to do so, independent schools may elect to make some, or all, of their documents available under NEALS by labelling them as set out below. If an independent school puts a NEALS logo on their publicly available material, independent, government and catholic schools can copy and communicate that material for free and the school will not receive remuneration under the Part VB Statutory Licence. NEALS applies to all available print materials (hardcopy and electronic) published by schools and educational bodies. These materials may be published in print publications and on websites, and will include works such as curriculum materials, administration documents and policy materials. Publicly available educational materials produced by schools and educational bodies are available free of charge to other member schools and educational bodies under NEALS, unless specifically excluded. Material is excluded when it is judged to be of significant commercial or strategic value to the educational body. It is strongly recommended that all available materials carry the NEALS logo to confirm that the material is licensed under NEALS and should not be counted in the copyright surveys conducted in schools. Material to be excluded from NEALS should be marked Not Part of NEALS. For example: If it is available under NEALS: The State of New Wales, Department of Education and Training 2007 If it is not available under NEALS: The State of New Wales, Department of Education and Training 2007 Not Part of NEALS For more information about labelling material under NEALS see the NEALS Implementation Kit available from the DET Copyright Unit. 93

63 Labelling Print Course Material Owned by Someone Else If you publish material owned by someone else, such as independent contractors, commercial publishers, government bodies or students, you should always clearly indicate the source of the material in the footer of each page. When you incorporate works, such as illustrations, photographs or charts which are owned by someone else, into a resource, you should include the copyright information next to the actual work. What if I have permission from the copyright owner to reproduce the material? If you have permission from the copyright owner to reproduce the material you should check with the copyright owner how they would like to be attributed. The permission should allow the school or educational body to reproduce the material, and for the material to be subsequently copied, and, if appropriate, communicated, by the school or educational body for its educational purposes. Ideally, you should also seek permission to make it available under NEALS. You should clearly indicate next to the work or in the footer of each page that you have permission to reproduce the material. For example: If it is available under NEALS: Reproduced with the permission of Crown Publishing If it is not available under NEALS: Reproduced and made available for copying and communication by [Insert name of school or educational body] for its educational purposes with the permission of Educational Publishers Australia If you are using free-for-education material, such as content from The Le@rning Federation or material made available under a Creative Commons licence, you should label the material according to the terms of the licence under which it has been made available. For more information see the Creative Commons Resources for Schools and Using Material from The Le@rning Federation Information Sheets on this website. Accurate labelling ensures that DET does not pay copyright royalties to CAL, to copy works for which the copyright owner has already given permission to use. What If I am relying on the Part VB (Photocopy and Electronic) Statutory Licence? In this case you should always label the work as Copied under Part VB. It is important that you also include enough information to enable CAL to identify the copyright owner. These details may include the name of the author, title, publisher, edition or date of publication and ISBN or ISSN. 94

64 If you are copying from a website, you should include the full URL address. If you are using artwork from a search engine, such as Google Images, double-click on the image to find the correct URL address. For example: Copied Under Part VB, Edgar, S, Mathematics Unplugged, Bristol Press, Castle Hill, NSW 2002, ISBN , pp Copied Under Part VB, < 15 May 2007 If you are communicating the work in an electronic form, such as by or by making it available on an intranet, it must include the prescribed Part VB notice, which is attached as Attachment A. A flowchart, setting out how material should be labelled, is attached as Attachment B. Labelling examples are attached as Attachment C. For more information contact the Department of Education and Training Copyright Unit: Elizabeth Markwick Fiona Migan Manager, Copyright Senior Policy Officer, Copyright Telephone: (02) Telephone: (02) Facsimile: (02) Facsimile: (02) [email protected] [email protected] Attachment A Notice Required When Communicating Part VB Material COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of [INSERT NAME OF SCHOOL OR EDUCATIONAL BODY] pursuant to Part VB of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the 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. 95

65 Attachment B Labelling Print Course Materials in DET Schools School or Educational Body Who owns the material? Label each page as follows: Name of School or Educational Body, year of publication Someone else Is it available under NEALS? Do you have permission from the copyright owner to copy and communicate it? Yes Affix NEALS logo No Label it Not Part of NEALS If the material incorporates any works owned by someone else, in relation to those works No Copy within the limits of the statutory licence and label as follows: Copied Under Part VB. Include sufficient information to enable Yes Do you have permission to make it available under NEALS? Yes Affix NEALS logo and label as follows: Reproduced with the permission of [Insert Name of Copyright Owner] No Label as follows: Reproduced and made available for copying and communication by [Insert Name of School or Educational body] for its educational purposes with the permission of [Insert Name of Copyright Owner] 96

66 Attachment C Labelling Examples Example 1: Copyright Owned by NSW DET (available under NEALS) State New South Wales, Department of Education and Training (directorate/unit) 2007 Example 2: Licence Obtained from Copyright Owner (not available under NEALS) Reproduced and made available for copying and communication by NSW DET for its educational purposes with the permission of Planet Publishing Pty Ltd 97

67 Example 3: Copied Under Part VB (from a print publication) Copied Under Part VB, Migan F Urban Landscapes, Planet Publishing Pty Ltd, Sydney,NSW, 2007, ISBN , p 65 Example 4: Copied Under VB (from the Internet) Copied Under Part VB, F Migan, < accessed 10 May