| 1. What Is A Content Management System? |
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A Content Management System (‘CMS’) is a software application that enables teaching material to be sourced, managed, accessed and delivered in a digital environment.
There are many CMS available on the market including LAMS, Blackboard, myinternet and Moodle. Other services, such as ClickView, provide content delivery systems which allow Schools to add digital content to their digital library and provide the means for students and teachers to access this content.
| 2. CMS and Copyright |
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A CMS enables teachers and students to copy, communicate and store a variety of copyright materials digitally. This includes radio and television broadcasts, photographs, printed materials such as newspaper articles, podcasts and audio files. It also enables teachers and students to copy material stored on the system onto a flash drive or lap top or insert the material into word documents, powerpoint presentations or videos.
It is important to remember that just because an activity is available on a CMS, it does not mean that it is permissible under copyright law. Even where activities may be permissible under law, they may result in an increase in the copyright fees payable by the School sector to collecting societies.
| 3. Teachers and CMS |
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Teachers may want to customise class material by copying and communicating materials digitally through a CMS. In order to do this, teachers must first find out whether the School owns copyright in the material.
A School will own copyright in the material if a teacher employed by it has created the material for teaching purposes as part of their job. A teacher can use material in which the School owns copyright in any way the School authorises.
If the School does not own copyright in the material, teachers must ask the following questions:
| 4. Does a Statutory Licence apply? |
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There are two statutory licences which permit teachers to copy and communicate copyright material in a CMS. These include the:
All copying under these licences must be for an educational purpose and is remunerable.
Attachment A provides a summary of the licence schemes and the copying limits which apply.
The below examples illustrate how the copying limits of the Statutory Text and Artistic Licence work in relation to material stored on a CMS.
| Example 1: Teacher A has placed chapter 4 of a history textbook on the CMS. Teacher B wants to store chapter 6 of the same textbook on the CMS for use with their class. Teacher B is not allowed to put chapter 6 on the CMS until chapter 4 is removed. |
| Example 2: A Teacher scans a cartoon and uploads it onto the CMS on 1 February 2006 ready for the start of the School year. At this time, she has made a 'reproduction' and a 'communication' under the Copyright Act, both of which must be paid for. At the end of 2006, the Teacher decides to leave the cartoon on the CMS as she will use it again for teaching in 2007. On 1 February 2007, the Copyright Act will deem that another reproduction and another communication of the cartoon have been made. This will happen for each year that the cartoon remains on the CMS. |
| 5. Does the School have a direct licence with the copyright owner? |
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There are many types of copyright material that are not covered by the statutory licence schemes explored above. Examples of such material include:
If a teacher or student wishes to copy and communicate such material on a CMS, a direct licence from the copyright owner must be obtained granting permission for such use.
| 6. Flexible dealing and CMS |
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The Copyright Amendment Act 2006 introduced a new copyright exception for Schools known as ‘flexible dealing’. This exception allows teachers to use copyright materials for free in narrow circumstances for the purpose of educational instruction and can have important implications for Schools in managing the content available on a CMS.
For more information on this exception, see information sheets: The New Flexible Dealings Exception – What am I allowed to do? and Format Shifting and the Copyright Amendment Act 2006 – What am I allowed to do? [Link to Information sheet
| 7. Students and CMS |
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If students copy or communicate material stored on a CMS (by emailing material to class members or downloading material on to a flash-drive), they cannot rely on the statutory licences to do so.
The students’ activity would have to be either:
to avoid any copyright infringement.
Schools should consider including terms of use policies and warning notices to minimise the risk to school systems arising from individuals using the system.
8. Financial Implications and Practical Tips for Using CMS |
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Schools pay a considerable amount of copyright fees to various collecting societies under the statutory licences. Copying costs for Australian Schools have increased significantly in recent years. This is illustrated by the following chart which shows the increase in copying costs under the Statutory Text and Artistic Licence:
Schools should be aware that, in addition to CMS subscription costs, there are significant copyright costs associated with use of CMS. This is because CMS facilitate increased copying and communication of material, and copyright costs are therefore likely to increase. There are also significant ongoing costs to store material on a CMS. Under the statutory licences, any material stored on the system for more than 12 months is treated as a new copy and a new communication and both must be paid for again.
Schools can reduce remunerable copying on a CMS by:
| 9. Sharing Content |
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A CMS may allow schools or entire educational systems to share content stored on the system with other schools. Sharing of content may be permissible under the statutory licences, but where material has been directly licensed, it can only be shared if the terms of the licence allow it.
| 10. Where Do I Find Out More? |
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For further information see the SmartCopying website at www.smartcopying.edu.au or contact your local copyright manager.
ATTACHMENT A
Type of Material being copied and communicated |
Basis of right |
Copying Limits |
|---|---|---|
Literary works (eg. books, newspaper articles, articles on websites, drawings, maps) Musical works Dramatic works( eg. plays, scripts) |
Statutory Text and Artistic Licence |
In general, teachers can copy:
For any copying made outside these limits, teachers would need to obtain permission directly from copyright owner. |
Radio and television broadcasts |
Statutory Broadcast Licence |
No Limit |
Existing copies of radio and television broadcasts |
Statutory broadcast Licence |
Copies made before 1990: |
Podcasts of previously broadcast free to air television and radio programs available on the broadcaster’s website |
Statutory Broadcast Licence |
No Limit |
A Summary of the Copyright Amendment Act 2006
Copyright Implications of Content Management Systems: Schools
Copyright Implications of Content Management Systems: TAFE
Creative Commons Resources for Schools
Performance and communication of works and audio visual material in class
Format shifting and the Copyright Amendment Act 2006
Screening Pirated DVDs in Schools
The new flexible dealings exception
Using Material from The Le@rning Federation Government Schools and Licence A & E
Using Material from The Le@rning Federation Non-Government Schools and Licence D
Copyright Protection Measures and the Copyright Amendment Act 2006
Parody, Satire and the Copyright Amendment Act 2006
Labelling Print Material - Schools
