Smartcopying

National Copyright Guidelines

• Copyright - a general overview
• What can I copy/communicate?
• Library and Disability Copying
• Education Licences (Statutory and Voluntary Licences)
• How to clear rights (where there is no Statutory Licence or Voluntary Agreement in place)
• Hot Topics
• Glossary

2.8 Internet and Websites

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7. 2. Caching 
      • Content repositioning caching  – this is where content that is stored on a wide area network (WAN) (eg educational resources on an Education Department server) is repositioned to be accessed from individual school/TAFE local area network (LAN). This means any resources are accessed from the LAN instead of the WAN, making downloads more efficient.
      • Mirroring or 'active' caching – this is where a web page is copied/duplicated on a school/TAFE network, eg to provide safe access to the page for young children. This is the result of direct human intervention and planning. [Link to Proxy Caching Information Sheet]
   3. Copyright and caching

      Each type of caching is treated differently by copyright:

      • browser caching is covered by a free exception in the Copyright Act and does not infringe copyright

        See 1.13 Copyright exceptions: Temporary Reproductions

      • a new free special exception has clarified that proxy caching in schools/TAFE institutes is allowed
      • content repositioning caching involves copying and communicating copyright material on a LAN instead of a WAN. This will generally be permitted if the school/TAFE or administering body (eg. the Department of Education) has cleared the rights to copy and communicate the resources stored on the server
      • deliberately copying a webpage and storing it on a school's intranet may infringe copyright. It will depend on the terms of use on the website. However, in some circumstances it may be covered by the flexible dealings exception if the storage is for teaching purposes and the other requirements of the flexible dealings exception are met
        
      • storage of text and artistic works only may be covered by the Statutory Text and Artistic Licence if the other conditions of the licence are met

        See Education Licence B: Statutory Text and Artistic Licence

   4. Linking to other websites

      See Hot Topics: Linking to other Websites

   5. Peer to Peer Networks

      See Hot Topics: Peer to Peer Networks

   6. Creating a webpage

      When creating a webpage, educational institutions are likely to use a wide range of copyright material, some of which will be pre-existing and some of which will be newly created by the teacher and students. All of the material will be protected by copyright. Educational institutions must clear the rights of all the material they use which they do not own. Preferably, when using material that already exists on the Internet, you will use material which is made available for free use by educational institutions such as schools/TAFE institutes. Always check the terms and conditions on the website from which the material is copied.

      A suggested approach to rights clearance is set out in the flow chart below.

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