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Text and Artistic Works

There are a number of ways in which teachers can use text and artistic works for educational purposes.  You should, where possible, link to or embed links to content, use TAFE owned content, obtain permission to use content or use free for education content.

 

If you use content in reliance on the statutory Text and Artistic Works Licence, you should be aware that there are copying limits and that there are steps you can take to minimise licence costs for the TAFE sector.

 

A.    Linking

Teachers wanting to provide students with access to text and artistic works on a content repository, should, where possible, provide a link to content rather than upload a copy of the content to the repository.

 

Linking is not a copyright activity under the Copyright Act. This is because you are not actually ‘copying’ any material, just providing a path to its location on another website.  As a result, providing links to material on external websites is a good way of managing copyright.

 

It is generally not necessary to seek the permission from the website owner when creating a link to their website.  However, it is important to include an acknowledgement of the source website.  The form of acknowledgement that is appropriate will depend on the circumstances.  For example, if you are linking to a useful resource and you know the author of that resource, you may wish to include an acknowledgement such as "Mary Smith from X Institute has provided a useful summary on Y's webpage".

 

B.    Embedding

Embedding a link allows the user to view and access content as it sits in its original location without having to leave their website (eg. blog or wiki) or intranet.  It is commonly used for displaying online films, eg. YouTube films on websites.

Embedding involves copying the HTML code of the content, which is often displayed in a box near the content, and pasting it onto your website.  The result of this is, rather than displaying the link, it will display the content on your website.

The primary advantage to embedding material is that you do not need to copy the material in order to make it available on your website.  Further, embedding is a good way to ensure that students only access the specific material you want them to see on a website, as opposed to accessing an entire webpage which may contain other material not appropriate or relevant to a class exercise.  It also means that the students do not leave the TAFE content repository (eg. class wiki or blog) in order to see that material.

 

C.    Material Created by You, Your Institute or Your Department/ Administering Body

If you are using material that:

(i)      is your own original work created in the course of your employment and does not contain any material created by a person who is not an employee of your institute or department/administering body; or

(ii)     was developed by your institute or department/administering body and does not contain material that was created by a person who is not an employee of the Institute or department/administering body,

you do not need to rely on the special provisions in the Copyright Act to use this material.  This is because the institute or department/administering body owns the copyright in this material.

However, you must always attribute the material properly.

If it is your own original work created in the course of your employment, you must include the name of your institute or department/administering body and the year of publication on each page.

For example:

© Polytechnic West 2010  

 

If the material is sourced from a resource owned by the department/ administering body, you must include the name of the department/administering body, the name of the resource or website from where it was sourced, and the year of publication on each page.

  ©  WestOne Services 2009, sourced from ‘Automotive Vehicle Body – Assessment Tools’, published November 2009  

 

D.    If you have permission from copyright owner  

If you have permission (known as a licence) from the copyright owner you can use the material within the scope of that permission.  You should check that the permission allows you upload the material to your content repository and make it available to students. Check how the copyright owner wants to be attributed, and make sure you attribute the material clearly on each page.

If you don’t have permission to use the material, and you want to use more than 10% of the work, you may want to contact the copyright owner to try to obtain permission to use the material.

E.      Free for Education Material

In some cases, the copyright owner has already given their permission for their material to be used for educational purposes. When this happens, this material is known as ‘free for education’.

The advantages to using free for education material include:

  1. It is free – the Institute or department/administering body does not pay for the use of this material by teachers.
  2. There are no mandatory notice requirements (although there are still obligations to properly attributed the material)
  3. Access to this material does not generally need to be restricted to students and teachers. Therefore, free for education material can be used on content repositories which are open to the public.

Note that you still need to comply with any applicable licence terms in relation to free for education material.

 

1.      Creative Commons

The most common source of free for education material is Creative Commons. Creative Commons is a set of licences which creators attach to their work.  All Creative Commons licences allow the material to be used for educational purposes.  As a result, material available under a Creative Commons licence is ‘free for education’.  Depending on the type of Creative Commons licence used, a teacher and student may also modify and share the material.

The table below provides a summary of the different Creative Commons licences and what is and is not permitted under each licence.

 

Licence Type

Licence Conditions

Attribution
Attribution

Freely use, copy, adapt and distribute to anyone provided the copyright owner is attributed.

Attribution No Derivatives
Attribution No Derivatives

Freely use, copy and distribute to anyone but only in original form.

The copyright owner must be attributed.

Attribution Share Alike
Attribution Share Alike

Freely use, copy, adapt and distribute provided the new work is licensed under the same terms as the original work.

The copyright owner must be attributed.

Attribution Non-commercial
Attribution Non Commercial

Freely use, copy, adapt and distribute for non-commercial purposes.

The copyright owner must be attributed.

Attribution Non-commercial No Derivatives
Attribution Non Commercial No Derivatives

Freely use, copy and distribute to anyone but only in original form for non-commercial purposes.

The copyright owner must be attributed.

Attribution Non-commercial Share Alike
Attribution Non Commercial Share Alike

Freely use, copy, adapt and distribute for non-commercial purposes provided the new work is licensed under the same terms as the original work.

The copyright owner must be attributed.

For further information, see the ‘Creative Commons Information Pack’ on the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/956

 

2.      Free for education websites

There are also many websites which are ‘free for education’.  This is because their website terms and conditions permit material contained on the website to be copied for ‘educational purposes’.

 

The following table provides a summary of when the terms and conditions of a website will mean the website is ‘free for education’.

 

Note:  It can be difficult to interpret the terms and conditions of a website to see whether the website material is ‘Free for Education’.  For example, the statements at numbers 2, 3 and 4 in the table below may seem like they have the same meaning, however, the use of a comma and inclusion of the word ‘and’ as opposed to ‘or’ makes a big difference.  As the table shows, only the statement in numbers 4, 6 and 9 below would make a website ‘free for education’.

What the website terms and conditions state     Is the website ‘Free for Education’?
  Personal Use   No
  Personal and non commercial use   No
  Personal, non commercial use   No
  Personal or non commercial use   Yes
  Private or individual use   No
  Use in your organisation   Yes
  © name and/or year and no terms of use   No
  Educational use   Yes
  All Rights Reserved   No

For further information, see information sheet ‘Understanding Website Terms and Conditions’ on the Smartcopying website.


3.      Attributing free for education material

All free for education material should be attributed with details of the copyright owner and author (if different to the copyright owner), the name of the work, where the material was copied from and when it was copied.  Some free for education material may also require further information to be included.  For example, when using Creative Commons material, you also need to include a link to the Creative Commons licence.

For example:

Peter Alexander, ‘Sounion Temple’, http://www.flickr.com/photos/40681760@N07/3961143351/, 5 August 2009
Available under a Creative Commons 2.0 Attribution licence: http://creativecommons.org/licenses/by/2.0/deed.en 

 

4.      Where to find free for education material

The Internet contains a variety of free for education material which is easy to find and use.  Remember that you need to comply with any applicable licence terms and conditions.

Some places to source free for education images include:

  1. Flickr: www.flickr.com Photo community which contains thousands of images licensed under creative commons (CC) licences.

     

  2. Open Photo: http://openphoto.net/ Photo community with over 3,000 CC licensed photos in various categories

     

  3. Wikimedia Commons: http://commons.wikimedia.org/

Many Australian museums, libraries and cultural institutions release artistic material under CC through Flickr.  Some include:

a.  State Library of NSW
: http://www.flickr.com/photos/statelibraryofnsw/

b.  National Library of Australia
: Picture Australia


c.  Powerhouse
Museum:

d.  Australian War Memorial
:
      http://www.flickr.com/photos/australian-war-memorial/

For a list of free for education materials see the Smartcopying website at: 
http://www.smartcopying.edu.au/scw/go/pid/933


F.      Text and Artistic Works (Part VB) Licence

Teachers are able to copy and communicate (eg. email, upload, make available on an intranet) text (such articles, poems and short stories) and artistic works (such as articles, poems, photographs, illustrations and images) for educational purposes under a licence in the Copyright Act known as the Statutory Text and Artistic Works Licence, or Part VB Licence.  This licence also allows teachers to digitise works to make them available on a content repository.

The TAFE sector pays licence fees to the Copyright Agency (CAL), which is the collecting society responsible for administering the Statutory Text and Artistic Works Licence.

For more examples of text and artistic works, see the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/658

 

Access

Images and text copied under the Statutory Text and Artistic Works Licence can only be uploaded onto password protected content repositories with access restricted to teachers and students.

 

Limits

Artistic Works

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

 

Literary, Dramatic and Musical Works

The copying limits for literary, dramatic and musical works are:

  • 10% or 1 chapter of a book (whichever is greater)
  • 10% of words on a website or from a CD Rom.
  • 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. ‘Reasonable time’ is six months for text books and thirty days for other material.

 

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

 

Simultaneous Storage Rule

Where 10% or one chapter of a literary, dramatic or musical work is available on a content repository, no other part of that work can be made available on the content repository at the same time.  Therefore, if Teacher A places 10% of a book on a content repository for her/his class and Teacher B places another 10% of the same book on a content repository at the same time, this would be in breach of the simultaneous storage rule of the Statutory Text and Artistic Works Licence.

A practical way of managing the simultaneous storage rule is to limit access, where possible, to the material to those students who need to view the material for classroom and/or homework exercises.  For example, if Teacher A places one chapter of a book on the institute’s learning management system for a classroom exercise with her ESL students, access to this chapter should be limited to those ESL students only and not all of the institute’s students.

 

Attribution

You must always attribute any material you copy under the Statutory Text and Artistic Works Licence with the name of the copyright owner and author (if different to the copyright owner), where the material was copied from and when it was copied.

For example:

Copied under Part VB of the Copyright Act 1968
S. Brooks, www.animalfarm.com.au/photos/2007/htm, accessed 10 May 2009

 

Part VB Notice Requirements

Each time text or an artistic work is made available online in reliance on the Statutory Text and Artistic Works Licence, the following notice must be attached to that work:

 

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.


A copy of this notice is available on the Smartcopying website at:
http://www.smartcopying.edu.au/scw/go/pid/705

A practical way of including this notice is to insert a link to the notice from the attribution information.  The notice would be uploaded onto the repository and then linked to when required.

For example:

Copied under Part VB of the Copyright Act 1968
S. Brooks, www.animalfarm.com.au/photos/2007/htm, accessed 10 May 2009
Part VB Notice: http://www.smartcopying.edu.au/scw/go/pid/705


Where it is not possible to include a link to the notice from the attribution information, the notice may be displayed (flashed) on the screen as the user logs into the repository.  Although the Copyright Act does require the notice be attached to the material, it is not always possible to do this and displaying the notice is a practical way of including the notice in a repository.

Where the notice is displayed on screen, it is important to state that the notice will only apply to some of the material on the repository.  This is because not all material saved to the repository will be material copied under the Statutory Text and Artistic Licence.  For example, the following sentence can be included above the notice ‘Some of the material in this repository may have been copied and communicated under the Statutory Text and Artistic Works Licence. For this material, the following notice applies’

Like the Statutory Text and Artistic Licence, the Statutory Broadcast Licence also requires a similar notice to be attached to copies of radio and television programs. If the repository contains material copied and communicated under both the Statutory Text and Artistic Licence and the Statutory Broadcast Licence, and it is not possible to link to each notice from the attribution information, the two notices may be merged into one notice.  This notice is:

 

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

FORM OF NOTICE FOR PARAGRAPH 135KA (a) AND 135ZXA(a) OF 

COPYRIGHT ACT 1968

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

Some of this material may have been reproduced and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA or 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.


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


Smartcopying Tips

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:

a.    Link to the text or image wherever possible rather than copy it.

b.    Use material created by you, your institute or department/administering body

c.    Obtain permission from the copyright owner to use the material

d.    Use Free for Education material

e.    If you are relying on the Statutory Text and Artistic Works Licence:
  • limit access to the text and images to those students who need to access the text or images for class or homework exercises, eg. the students enrolled in a course rather than all the students enrolled at an institute.
  • remove the text and images as soon as they are no longer required for class or homework exercises.This is because the institute or department/administering body will pay again for images or text that remains on the content repository for more than 12 months.This is known as ‘anniversary copying’. One practical way of managing anniversary copying is to ‘flush the repository’ of material copied under the Statutory Text and Artistic Works Licence at the end of each year, ie. before 31 December.

This can be done in two ways:

(i)    Delete material from the repository
Material that the institute no longer requires for educational purposes should be completely deleted from the repository.This will assist in minimising the storage burden on the institute as well as ensuring that the institute is not incurring anniversary copying fees for material it no longer needs.

(ii)    Archive material on the repository
Material should be archived where the institute expects to use the material again for educational purposes in the future, or if it is required to keep the material for audit or legal obligations.

Archiving involves moving the material into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the librarian, ICT Manager or teacher who uploaded the material to the repository in the first place.

Restricting access to the material will ensure that the institute is not incurring anniversary copying costs.