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Ambitionin Action
Ambition in Action
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Copyright Issues
in TAFE
Sydney Institute
Elizabeth Markwick
Manager Copyright
Ambition in Action
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Copyright Issues in TAFE1. Copyright Overview2. Statutory Educational Licences3. Free Use Exceptions4. Using Free Resources5. Getting Permission6. Labelling7. Copyright Protection Measures8. Content Management Systems9. Using Music in TAFE10. Managing Copyright11. Where Do I Get More Information?
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WHAT is Copyright ?
Intellectual property
Copyright
Circuit layouts
Trade Marks
Designs
Patents
Plant breeder’s rights
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WHAT DOES COPYRIGHT PROTECT?/ Literary works/ Computer programs/ Compilations (includes electronic databases)/ Artistic work/ Dramatic works/ Musical works/ Cinematograph films/ Sound recordings/ Broadcasts/ Published editions
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Copyright Overview
/ How long does copyright last?
/ Who owns copyright?
/ Moral rights-Copyright Amendment 2000
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Copyright OverviewDo you need permission to use material?...
Ask:/ Has the material been made available to use for
free for educational purposes?/ Is there a free use copyright exception?/ Is there a statutory or voluntary licence?
There is a lot that TAFE institutesare allowed to do already.
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Statutory Educational LicencesClip Art sourced from Microsoft.’
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Statutory Educational LicencesThere are 2 statutory educational licences applicable to TAFE:
(i) Part VB, which is the licence that allows TAFE to use text and artistic works; and
(ii) Part VA, which is the licence that allows TAFE to make copies of TV and radio broadcasts.
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Statutory Educational Licences:Part VB/ Covers copying and communication of
literary, dramatic, artistic and musical works by not-for-profit educational institutions (schools, TAFE and Universities) for educational purposes
/ Administered by the Copyright Agency Limited (CAL)
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Statutory Educational Licences: Part VB
Two schemes:
- Photocopying
- Electronic Use Scheme (eg. scanning, placing on an intranet, printing fromthe Internet, saving and downloading)
Clip Art sourced from Microsoft.’
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Statutory Educational Licences: Part VB
Limits on copying:
/ Up to 10% of a literary work or 1 chapter of a book
/ One article in a journal, 2 articles 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, such as by email or by making it available on an intranet, 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 VB
/ The TAFE sector pays annual licence fees to CAL as payment for the right to copy under the Part VB Licence
/ In 2007 the national TAFE (excluding Victoria) licence fees were over $3 million
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Statutory Educational Licences: Part VB/ Each year a sample of TAFE institutes is surveyed to
measure how much is being copied and what is being copied
/ The survey captures information about photocopying, printing and scanning by general TAFE staff. It also captures information about electronic use at central locations (eg uploading to Intranet)
/ This information is used by CAL to assist with CAL’s distribution of royalties to copyright owners and it is used by CAL and
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Statutory Educational Licences:Part VACovers copying and communicating for educational purposes:
(i) free TV, pay TV and radio broadcasts; and
(ii) podcasts and webcasts which have originated as free to air broadcasts and are available on the broadcaster’s website.
/ No limit on how much you can copy
/You can make preview copies of TV and radio programs, provided the copies are destroyed within 14 days.
/There are labelling requirements under the Part VA licence
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Statutory Educational Licences:Part VA
Copies of broadcasts made under the Part VA licence should be labelled as follows:
Made for [institution]Under Part VA, Copyright Act 1968Date 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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Free Use
Exceptions
Clip Art sourced from Microsoft.’
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Free Use Exceptions
There are several free use exceptions:
/ s28 – playing videos, DVDs, CDs in class
/ ss40-42 – fair dealing
/ s200 – copying for exams
/ s200AB – flexible fair dealing
Clip Art sourced from Microsoft.’
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Free Use Exceptions: s28
/ Section 28 allows copyright material to be performed and communicated in class, or otherwise in the presence of an audience as part of educational instruction
/ This does not include performances to parents, school excursions or for fundraising activities.
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Free Use Exceptions: s28Some activities covered by s28:
/ Use an electronic reticulation system to play a video or DVD to a class
/ Display or project material to the classroom via PowerPoint or interactive whiteboard
/ Communicate material to external students using virtual classroom software
/ Play a film from the TAFE intranet to a class
/ Recite a poem to a virtual class using Skype
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Free Use Exceptions: ss 40-42/ The fair dealing exceptions cover the following purposes:
- Research and Study
- Criticism and Review
- Reporting of the News- Parody and Satire
/ These exceptions are more likely to be relied on by students than staff
/ The use must be fair Clip Art sourced from Microsoft.’
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Free Use Exceptions: s200/ s200(a) allows teachers and students to
reproduce, arrange or adapt literary, dramatic, musical or artistic works by hand as much as is needed.
/ s200(b) allows literary, dramatic, musical or artistic works to be reproduced:
▲in exam papers; or
▲in exam answers.
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Free Use Exceptions: s200ABQ. What rules apply to s200AB?
R. There are six rules that apply to s200AB:
1. Use must be for purposes of giving educational instruction
2. Use must be non-commercial
3. Must be a “special case”
4. Must not conflict with “normal exploitation” of copyright material by copyright owner
5. Use must not “unreasonably prejudice” copyright owner
6. Must not remove/disable an Access Technological Protection Measure
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Free Use Exceptions: s200AB
Am I using it for purposes of educational instruction?
YES
NO
Is my use non-commercial?
Is my use narrow in scope?
Is it protected by an Access
Technological Protection Measure?
Will my use unreasonably prejudice the
copyright owner?
Does my use conflict with its
normal exploitation?
I can rely on S200AB
YES
YES
NO NO
Clip Art sourced from Microsoft.’
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Free Use Exceptions: s200ABSome activities covered by s200AB:
1. Make captioned versions of films for hearing impaired student when not possible to buy captioned version
2. Convert 8-track or VHS tapes to DVD when not possible to buy DVD of that sound recording or film
3. Compile short extracts of audio-visual material for use in class (eg making DVD of short extracts of several films for a Film Studies or English class) when not possible to purchase similar teaching resource
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Free Use Exceptions: s200AB
Some activities covered by s200AB:
4. Convert a film on Video to digital file format when not possible to buy a digital version of the film (note Anti-Circumvention provisions)
5. Include short extracts of music in PowerPoint teaching aids
6. Translate an extract of an Australian novel into French for a French language class
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Still need to acknowledge
the source
No 10% Rule
No Royalties Charged
Free for Education Material
Some material can be used for free for educational purposes
Using Free Resources
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Using Free Resources
/ Material that can be used for free includes material licensed under:
- AEShareNet; and
- Creative Commons
/ There are many other resources that are made available for free use by educational institutions.
Clip Art sourced from Microsoft.’
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Photo of Eiffel Tower taken from www.smh.com.au this would be counted for a royalty payment
by CAL
Photo of Eiffel Tower taken from Flickr under a Creative Commons
licence - this would NOT be counted for a royalty payment
Using Free Resources
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Using Free ResourcesAEShareNet Licensing Scheme
AEShareNet offers 4 instant licences which can be used by copyright owners to make their works available for free for educational use:
/ FfE – Free for Education
/ U – Unlocked Content
/ S – Share and Return
/ P – Preserve Integrity
For more information go to www.aesharenet.com.au
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Using Free ResourcesCreative Commons: Public Licensing System
There are 4 primary licence elements
Attribution – attribute the author
Noncommercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
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Getting PermissionIt might be worth trying to obtain permission from the copyright owner where:
The materials appear to be designed for TAFE or general educational purposes.
Your institute expects to continually use the material.
The material is published by another educational institution such as a university.
Your institute requires a substantial portion of the work.Clip Art sourced from Microsoft.’
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Getting PermissionAn example of a register of permissions:
Register of Permissions
Institute: Date:
Staff member responsiblefor obtainingpermission(if applicable)
Department/Work Area Campus
Name ofCopyrightOwner
Details ofMaterial
Who does the permission apply to (eg. whole institute, part of it, whole jurisdiction)?
Does the permission apply to all uses of the work or only certain uses (please provide details)?
How long does the permission last (please provide start date, and, if applicable, end date)?
Have you attached a copy of the permission?
eg. James BrownHairdressing St George Energise Hair Salon
Workbook: ‘Colouring Hair’ TAFE NSW
Photocopying only
Start date: 2 Jan 07
No end date Yes
eg. Eloise Madden Catering Sutherland The Kitchen Co.
Print resources on food preparation Catering All uses
Start date: 30 June 05
End date: 31 Dec 08 No
eg. Lucy Wells Library UltimoAustralian Standards Online
Ww2w.standards.com.au/online Whole institute All uses
Start date: 15 Jan 08
End date: 14 Jan 08 Yes
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Labelling
/Why do we need it????
/What is the purpose???
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Labelling TAFE materials/ For example: © NSW Technical and Further Education
Commission (TAFE NSW - name of Institute/Directorate/Unit) Year(s) of first publication
eg: / NSW Technical and Further Education Commission (TAFE
NSW - Sydney Institute) 2009; or / NSW Technical and Further Education Commission
(TAFE NSW - Industry Skills Unit, Ultimo) 2009
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Labelling: Examples
Copyright owned by TAFE
© NSW Technical and Further Education Commission (TAFE NSW - Sydney Institute) 2009
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Labelling non-TAFE materials
/ If you have permission to reproduce and subsequently copy and communicate the material, clearly describe this permission next to the work or in the footer of each page.
/ This is to ensure that TAFE does not pay copyright royalties to CAL to copy works which TAFE has already directly licensed from the copyright owners.
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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/ Clip Art: For example: ‘Clip Art sourced from
Microsoft.’
/ AEShareNet
/ Creative Commons
Label in accordance with the terms of the licence.
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What If I am Relying on the Part VB (Hardcopy and Electronic) Statutory Licence Scheme)?
Include enough information. e.g. author, title, publisher, edition or date of publication and ISBN or ISSN.
If you are copying from a website, you should include the full URL address and date that you accessed the website.
You should always include the words ‘Copied Under Part VB’.
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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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Copyright Protection Measures
Law distinguishes between:
1. "Access Control Technological Protection Measures”
2. “Copy Technological Protection Measures"
Clip Art sourced from Microsoft.’
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Copyright Protection Measures
/ The Copyright Act bans circumvention of Access Control Technologies (ATPM)
/ No Ban on circumvention of Copy Control Technologies (CTPM)
/ Can only circumvent ATPM to exercise rights under Part VB Licence
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Content Management Systems
/ Examples: Moodles, Blackboard, E-Reserve/ Teachers can copy and communicate material under the
statutory and voluntary licences within the limitations of those licences.
/ If licences are directly obtained from the copyright owner, ensure the licences permit copying and communication by teachers.
/ If teachers want to adapt or manipulate material, they generally need to obtain permission from the copyright owner.
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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, such as photos, maps and newspaper articles
podcasts
Clip Art sourced from Microsoft.’
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Content Management Systems: Teachers Using the CMS
/ Teachers can copy and communicate material under the statutory and voluntary licences within the limitations of those licences
/ If schools or TAFEs negotiate licences directly with copyright owners, they need to ensure the licences permit copying and communication by teachers
/ If teachers want to adapt or manipulate material, they generally need to obtain permission from the copyright owner
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Content Management Systems: Students Using the CMS
/ The statutory licences do not permit students to copy and communicate material.
/ Students wanting to copy and communicate material need to rely on fair dealing provisions or on direct licences with copyright owners
/ We recommend including terms of use policies and warning notices advising students of how they are permitted to use the CMS
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Content Management SystemsPractical Tips:
/ Use material from websites and other resources that allow for the free educational use of copyright material
/ Link to websites instead of copying content from the website into a CMS
/ Review the content stored on the CMS regularly to avoid paying for the content again after a 12 month period
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Using Music in TAFE
Clip Art sourced from Microsoft.’
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Using Music in TAFE
/ There is no sector-wide agreement between TAFE and the music collecting societies
/ That means that it is up to individual TAFE institutes to negotiate the music licences that they need
Clip Art sourced from Microsoft.’
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Using Music in TAFETAFE can use music in some limited ways without the need for a licence
/ Playing music in class for the purposes of educational instruction
/ Where the use falls within the scope of the flexible fair dealing exception (s200AB)
/ Copying and communication of music from the radio or television for educational purposes under the Part VA licence
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Using Music in TAFETAFE institutes need to get permission to:
Perform musical works at TAFE functions Play background music in TAFE workplaces, restaurants and
bars Digitise music CDs (where the music is commercially
available in a digital version or where the use does not fall within the scope of the flexible dealing exception) and upload to TAFE intranet
Synchronise musical recordings to student films that will be publicly available (eg on the Internet, submitted to film competitions)
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Using Music in TAFEIf you are not sure if you need permission to use music in the way you intend, contact your state/territory copyright manager.
To obtain a licence from the music collecting societies contact:
APRA/AMCOS (representing songwriters and music publishers): www.apra.com.au
ARIA (representing record companies): www.aria.com.au
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1. Free for Education
Material
2. Free For Education
Uses
3.Direct
Licences
4. Licences for all TAFE
institutes
5. Fair
Dealing
a.Licence to use Text & Artistic Works (CAL)
b. Licence to Copy & Communicate Television and Radio Broadcasts (Screenrights)
c
Managing Copyrighta. Criticism or
Review
b. Research or Study
c. Parody or Satire
d. Flexible Dealing (s.200AB)
b. Copying by Hand (s.200)
c. Performance & Communication in class (s.28)
a. Exam Provisions (s.200)
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Managing Copyright
/ Think about copyright cost and compliance
/ Develop and promote Smart Copying practices such as using free for education material
/ Just because technology lets you do it, doesn’t mean that it is okay
/ Don’t allow pirated products to be played
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Managing Copyright
/ Be aware of the limitations on format shifting
/ Keep a record of the permissions that you have
/ Make sure staff know where to go if they have copyright queries
Clip Art sourced from Microsoft.’
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Where Do I Get More Information?
/ www.smartcopying.edu.au
/ Elizabeth Markwick 02 9561 8121
Clip Art sourced from Microsoft.’
