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Copyright Issues

Considerations for Educational Designers:The Big Picture

Created by DETA and adapted by SBIT Library 2009

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Copyright Issues

1. Copyright Overview

2. Statutory Educational Licences

3. Using Free Resources

4. Getting Permission

5. Labelling

6. Where Do I Get More Information?

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Copyright Overview

©

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Copyright Overview

• Copyright is the legal means by which creators control the use of their work

• It gives copyright owners the right to decide how their work is used and on what terms

• Copyright does not protect ideas

• It is automatic. There is no copyright registration process.

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Copyright Overview• Copyright protects:

– artistic, literary, musical & dramatic works– films, sound recordings, broadcasts & published editions

(eg. photographs, crosswords, text, diagrams)

• The duration of copyright varies depending on the work.– books, music and drawings = 70 years from the death of the author;– films & sound recordings = 70 years from year of first publication.

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Copyright Overview• Creators generally own copyright in the

works they create

• However, if the work was created by an employee as part of their employment (eg. a teacher writes teaching materials) copyright in the work will be owned by their employer.

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You infringe the owner’s exclusive rights

If you:– reproduce– communicate– perform – adapt the work

without the owner’s permission

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Do you need permission to use material?...

Can you see that:

• the material been made available to use for free for educational purposes?

• there is a free use copyright exception?

• there is a statutory or voluntary licence?

Check by looking for copyright statements on the work or the website etc

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Statutory Educational Licences

under the Copyright Act 1968

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Statutory Educational Licences

This means that the Copyright Act itself grants educational organisations a licence to copy and communicate copyright works within set restraints.

This doesn’t mean the works are free, your organisation will still need to pay for their use. It just means you don’t have to ask permission if you are within the restraints specified in the Act.

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Statutory Educational Licences

There are 2 statutory educational licences:

i. Part VB, which is the licence that allows education to use text and artistic works; and

ii. Part VA, which is the licence that allows education to make copies of TV and radio broadcasts.

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Statutory Educational Licences:Part VB - text and artistic works

• Covers copying & communication of works by not-for-profit educational organisations (schools, TAFE & universities) for educational purposes

• Administered by the Copyright Agency Limited (CAL)

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Statutory Educational Licences: Part VB - text and artistic worksLimits on use:

• Up to 10% of a literary work or 1 chapter of a book

• One article in a journal, more from a single issue if on the same subject matter

• The whole work if it has not been separately published or is not commercially available within a reasonable time at an ordinary commercial price

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Statutory Educational Licences: Part VB

If you are communicating the work in an electronic form, it must include the prescribed Part VB notice.

NOTICE ON MATERIAL REPRODUCED OR COMMUNICATED UNDER STATUTORY TEXT AND ARTISTIC LICENCE

FORM OF NOTICE FOR PARAGRAPH 135ZXA(a) OF COPYRIGHT ACT 1968

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of institution] 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.

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Statutory Educational Licences:Part VACovers copying & communicating for educational purposes:

• free TV, pay TV and radio broadcasts; and

• podcasts and webcasts which have originated as free to air broadcasts and are available on the broadcaster’s website.

Note: the Part VA licence does not cover podcasts/ webcasts which have not been previously broadcast, nor does it cover podcasts/ vodcasts from pay TV sources

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Statutory Educational Licences:Part VAThere is no limit on how much you can copy, but copies of broadcasts made under the Part VA licence should be labelled as follows:

Made for [institution]Under Part VA, Copyright Act 1968

Date program broadcast - --/--/0-Date this copy made- --/--/--Do not remove this notice

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Statutory Educational Licences:Part VA

Digital copies must be accompanied by a prescribed warning notice.

NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE

FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THECOPYRIGHT ACT 1968

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been copied and communicated to you by or on behalf of [insert name of institution] 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.

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Some material may be free for educational purposes

Using Free Resources

Still need to acknowledge

the source

No 10% Rule

No Royalties Charged

Free for Education

Material

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Getting PermissionTry to obtain permission from the copyright owner where:

Your organisation requires a substantial portion of the work.

because

• You can often obtain much broader permission than if you relied on a statutory licence

• You may get permission to use the work for without payment

• Always keep a record all permissions

• Check if your organisation has a central register of all permissions. If there isn’t one, it is a good idea to create one

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Labelling

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Labelling• If you publish your own material, label it in the footer of

each page with the copyright symbol, name of organisation and year of publication. For example: © State of Queensland (Mt Isa Institute of TAFE) 2009

• If you publish material owned by someone else, clearly indicate the source of the material in the footer of each page

• When including works, (e.g. illustrations, photographs or charts), owned by someone else, include the copyright information next to the actual work.

• When including material that is able to be used for free, (e.g. under Creative Commons), label it in accord with the terms of the licence.

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Labelling

• Clip Art is often free to use, however always check the terms & conditions of use.

– It is not practical to label each individual image, so include the notice in the footer of the page on which the images appear (e.g. ‘Clip Art sourced from Microsoft.’).

• If you have gained permission to use a work, clearly describe this permission next to the work or in the footer of each page.

– (e.g. ‘Reproduced and made available for copying and communication by [INSERT EDUCATION ORGANISATION] for its educational purposes with the permission of Peacock Education Australia’. )

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Labelling

What if I am relying on Part VB?

include enough information to identify the copyright owner.

if you are copying from a website, include the full URL address and date that you accessed the site.

always include the words ‘Copied Under Part VB’.

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Labelling

You must always use the appropriate notice required under the Copyright Act.

Examples follow …

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Labelling: Examples

Copyright owned by TAFE

©TAFE NSW 2007

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Labelling: ExamplesLicence Obtained from Copyright Owner

Reproduced and made available for copying and communication by TAFE NSW for its educational purposes with the permission of Planet Publishing Pty Ltd

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Labelling: ExamplesCopied Under Part VB (from a print publication)

Copied Under Part VB, Migan F Urban Landscapes, Planet Publishing Pty Ltd, Sydney, NSW, 2007, ISBN 0897362739, p 65

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Labelling: ExamplesCopied Under VB (from the Internet)

Copied Under Part VB, F Migan, www.animalfarm.com.au/photos/2007/htm, accessed 10 May 2007

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Content Management Systems

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Content Management Systems

CMS may allow you to copy and store the following works:

films and music

television and radio broadcasts

print works, (e.g. photos, maps & newspaper articles

podcasts

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Content Management Systems

Tips:

• Use material from websites and other sources that allow for free educational use of copyright material

• Link to websites instead of copying content from the site into a CMS

• Review content stored on the CMS regularly to avoid paying for the content again every 12 months

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Where Do I Get More Information?

• www.smartcopying.edu.au

• National Copyright Unit (02) 9561 1204