Smartcopying

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Using Links on a Wiki

George, a Year 9 student studying French as a second language, builds his own website using TLA wiki application.

He has added links to all the essays, assignments, other course work, and useful links he has found on the web to his wiki home page and users visiting his wiki page can access his work.

What are the copyright implications of George's activities?

In providing links on his wiki page, George is not copying or communicating any copyright material.  As a result, no copyright issues arise.

Who can access the wiki if it only contains links?

Access to the wiki does not need to be restricted. The wiki can be ‘open’ to the public on the internet.

Uploading content onto the wiki

If George starts to upload content onto his wiki page, copyright issues will arise. These will depend on whether the content:

• is George’s original work 
• contains third party material

George’s original work

George is the copyright owner of his original work. Therefore, there are no copyright implications arising from George uploading his original work onto the wiki.

Who can access the wiki if it only contains George’s original works?

Access to the wiki does not need to be restricted. The wiki can be ‘open’ to the public on the internet.

Student works containing third party material

George is able to copy and communicate third party material (other people’s work) under fair dealing.  For fair dealing to apply, the use must be ‘fair’ and for the purpose of:

• research or study for class (eg copying an image off the internet to include in a homework exercise  or using music from a CD in a podcast or vodcast for a school assignment)
• criticism or review (eg reviewing a book, CD or film for homework)
• reporting the news (eg writing an article for the school newsletter on a current news item) 
• parody or satire (eg writing a humorous or satirical imitation of a serious newspaper article or advertisement for a class exercise)

‘Fair’ use

For the use to be ‘fair’, George should only use what is necessary for the research or study, criticism and review, reporting the news or parody and satire activity.

Students cannot copy an entire work under fair dealing unless it is not available for purchase within a reasonable time at an ordinary commercial price.

What type of material can George use under fair dealing?

George can use any material protected by copyright under fair dealing. Copyright material is divided into ‘works’ and ‘other subject matter’. See ‘What is protected?' for examples of ‘works’ and ‘other subject matter’.

Labelling requirements

George must label all material copied and communicated under fair dealing.  George must credit the source material, copyright owner and author of the work (if different).

For information on labelling, see information sheet 'Labelling School Material'.

Who can access the wiki if George uses material under ‘fair dealing’?

The wiki must be password protected with access restricted to teachers, students and parents.

Free for educational material

In relying on fair dealing to copy and communicate material, George is limited in how much he can copy and what he is able to do with the material. For example:

• George is unable to copy an entire work or large portions of a work except in limited circumstances.
• It is safest if access to the material is limited to students, teachers and parents.
• George cannot rely on fair dealing where making works for competitions, such as Artexpress or Tropfest Junior.
• George cannot use material that is protected by an access control technological protection measure.

By using ‘free for education’ material, George can overcome these barriers.

Free for education material is material that is available for students to use without having to rely on fair dealing. Some of the advantages of using ‘free for educational’ material include:

• No copying limits. Students can copy an entire work without limitation.
• No restrictions on access. The material can be made available to the public.
• Free for education material is unlikely to be protected by an access control technological protection measure.

Creative Commons

One popular source of free for education material is creative commons.  Creative commons are 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, students may also modify and share these materials.
 
For further information on creative commons, see Smartcopying Initiatives: Creative Commons.

Free for education websites

There are also many websites which allow copying for ‘educational purposes’.  See TAB A ‘Website Terms and Conditions’ for further information.

Labelling requirements

All free for education material should be labelled in accordance with the terms of the licence under which it is made available. The copyright owner and author (if different) should also be credited for their work.

For information on labelling, see information sheet 'Labelling School Material'.

Who can access the wiki if the students use ‘free for education’ material’?

Access to the wiki does not need to be restricted. The wiki can be ‘open’ to the public.

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