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Text and Artistic Works

Background

Teachers regularly make copies of text and imagery for use in classrooms and for other educational purposes.  Generally, when teachers make these copies, they do so under a special licence in the Copyright Act known as the Statutory Text and Artistic Licence.  This chapter discusses copying and communicating under that licence.

For more information about The Statutory Text and Artistic Licence in TAFE, see the Smartcopying website at: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-b-statutory-text-and-artistic-licence

The Statutory Text and Artistic Licence is administered by a ‘collecting society’.  Collecting societies are organisations that collect fees for the use of copyright material and distribute those fees to the owners of the copyright material.  The relevant collecting society for this licence is Copyright Agency Limited (CA). The TAFE sector pays licence fees to CA to copy and communicate text and artistic material the under the licence. 

This chapter also addresses alternatives to copying under the Statutory Licence, for example, copying Creative Commons licensed material; and alternatives to copying, such as linking and embedding.  These alternatives are preferable, because they do not attract copyright fees!  Teachers are encouraged to copy material that is free to use.

What does the Statutory Text and Artistic Licence Permit?

The Statutory Text and Artistic licence allows TAFE institutes to copy and communicate text and artistic works in both hard copy and electronic form, including:

  • photocopying hardcopy books, journals, newspapers or reports;
  • scanning from hardcopy works;
  • printing from electronic material such as websites, e-books or CD-ROM’s;
  • uploading text or artistic material to a DTE; or
  • making electronic copies of works (e.g. saving to disc).


What are text and artistic works?

Textual material is referred to as a ‘literary work’ under the copyright law, and ‘artistic works’ include paintings, photos, drawings, even moulds or casts for sculptures.  For information about how the copyright law characterises different types of material, please see the Smartcopying website at: www.smartcopying.edu.au/copyright-guidelines/copyright---a-general-overview/1-3-what-is-protected-(types-of-works)

What is communicating?

Communicating means making copyright material available online or electronically transmitting copyright material. 'Making available' can include putting material on the internet or intranet. 'Electronic transmission' includes emailing, streaming or electronic reticulation.

What doesn’t the Statutory Text and Artistic Licence Permit?

The Statutory Text and Artistic Licence does not cover:

There are other licences or arrangements for these items.  Please see the other chapters in this manual.

What are the Limits of Copying I Can Do under the Statutory Text and Artistic Licence?

There are agreed rules about how much of a text or artistic work a TAFE can copy, and how it can be communicated under the Statutory Text and Artistic Licence.

Copying Artistic Works

There are no specific copying limits under the Statutory Text and Artistic Licence for artistic works.

Copying Literary Works

The copying limits for literary works are currently:

  • 10% or 1 chapter of a book (whichever is greater);
  • 10% of words on a website or from a CD-ROM; and
  • One article in a journal, more than one if on the same subject matter (including articles from online publications such as e-journals, e-books or e-newspapers).

You can copy the whole work if:

  • it has not been separately published; or
  • is not commercially available within a ‘reasonable time’ at an ordinary commercial price.

As a general guide it is recommended that a ‘reasonable time’ is six months for textbooks and thirty days for other material

This licence also allows teachers to digitise hard copy works to make them available in a DTE

In all cases, it is recommended that you only copy what you need for educational purposes to minimise the copyright costs for the TAFE sector under the Statutory Text and Artistic Licence.

Uploading images and text onto a digital teaching environment (DTE)

Images and text copied under the Statutory Text and Artistic Licence can only be uploaded onto password protected DTE’s.  Access to these resources should be limited to the minimum required number of students and staff.  That is, where possible, limit access to the material to those students who need to view the material for classroom and/or homework exercises, and to delete or archive the material once it is no longer needed.

Labelling Copies made under the Statutory Text and Artistic Licence

Content that is made available to students under the Statutory Text and Artistic licence should - wherever  possible - include a label containing sufficient information to enable Copyright Agency to identify the owner of copyright. For example: the name of the author, title, publisher, edition or date of publication, and ISBN or ISSN. (It’s not enough to include just the name of the author: the author is often different from the copyright owner.) If you are copying from a website, you should include the full URL. If you are copying broadcasts, include the name of the program, the channel it was copied from and the date the copy was made.

There is no longer any statutory obligation to include a notice stating that copyright material has been copied/communicated in reliance on the Statutory Text and Artistic Licence. Despite this, NCU suggests that it would be good practice to include the following notice where this is reasonably practicable. This is in order to limit the potential liability of the TAFE in the event that a student uses the content in a way that may infringe copyright:

[WARNING]

This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice


A copy of this notice is on the Smartcopying website at: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/section-113p-notice

  • A practical way of including this notice to electronic material is to insert a link to the notice from the attribution information. This would mean that the notice would have to be uploaded onto one spot on the repository and be linked to when required.

Copied under the statutory licence in s 113P of the Copyright Act

Media Watch’, ABC, 17 August 2009

[Link to warning notice]


  • Where it is not possible to include a link to the notice from the attribution information, the notice could be displayed (flashed) on the screen as the user logs into the password protected share drive or intranet or content or learning management system or cloud storage. If using this approach, you should modify the notice to make clear that it applies to only some of the material on the repository:

[WARNING]

Some of this material may have been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright Act . Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.

A copy of this notice is on the Smartcopying website at: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/section-113p-notice

If you are presenting a PowerPoint that includes material copied under the Statutory Text and Artistic Licence, you could include an introductory or closing slide containing this notice.

Archiving or Deleting Material When It Is No Longer Needed

Clearing out material that is a great way to ensure compliance with Statutory Licences, this can be done in two ways – deleting and archiving.  See Appendix A for more information about deleting and archiving.

Further Information about the Statutory Text and Artistic Licence

For further information about the Statutory Text and Artistic Licence, see the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/700

Frequently Asked Questions

Why do we need to attribute material owned by TAFE?

Material created by TAFE is a valuable asset, and it is important to properly identify it. It is also essential to clearly attribute TAFE owned material so that TAFE doesn’t pay copyright royalties to CA to copy its own material. CA is a copyright royalty collecting organisation.  Every year TAFE pays CA significant amounts of copyright royalties, and it is possible that some of these royalties are for copying of material owned by TAFE.

How do we know if the material is owned by TAFE?

TAFE owns copyright in all original material created by TAFE employees as part of their duties. TAFE also owns copyright in material created by someone else, where that person or organisation has assigned in writing copyright in material they create to the TAFE. For example, a company engaged to write a module on refrigeration, might have been required to assign copyright in the module to TAFE as part of its contract of engagement.

Why Can’t We Just Include the Name of the Author?

The author is often different from the copyright owner, and, irrespective of whether you include the name of the author, it is important to include the copyright information set out above so that CA knows that copyright in the material is owned by TAFE and should not be counted in the survey.

Smartcopying Tips for Text and Artistic Works

In sum, to minimise the copyright fees payable by the TAFE institutes and departments / administering bodies for use of text and artistic works, it is good practice to:

  • Use Creative Commons licensed material.
  • Link or embed text or images wherever possible, rather than copying the works.
  • Use material created by you, your institute or department / administering body.
  • Obtain permission from the copyright owner to use the material.
  • If you must rely on the Statutory Text and Artistic Licence:
    • Limit access to the text and images to those students who need to access the text or images for class or homework exercises, e.g. the students enrolled in a course rather than all the students enrolled at a institute.
    • Archive or remove the text and images as soon as they are no longer required for class or homework exercises. This issue further highlights the advantages of using Creative Commons licensed material, which does not need to be deleted or archived. See Appendix A for more information about deleting and archiving.