Smartcopying

Previous Page |

Creating a Discussion Forum

Linda, a HSC English teacher, creates a blog entry on yesterday’s classroom topic.
Linda then instructs the class to view her blog and write a critique of the text.

Students access Linda’s blog finding the relevant blog post and write their critique by entering comments.

What are the copyright implications of Linda's activities?

Linda’s blog entry may contain third party material. For example, text scanned from a book or an image sourced from the internet.  It may also include audio-visual content such as a video copied from YouTube or Teachers Tube.

Teachers may rely on various educational licences and free use exceptions to copy and communicate third party material.  Different rules apply depending on the type of material. 

Text and images

Teachers rely on the Statutory Text and Artistic Licence when copying and communicating literary, dramatic, musical and artistic works for educational purposes. See 'What is protected?' for examples of literary, dramatic, musical and artistic works.

Common activities under the Statutory Text and Artistic Licence 

Teachers can upload content onto a blog under the Statutory Text and Artistic Licence by:

• Scanning from a hard copy text such as a book, journal, magazine or newspaper
• Copying text and images from the Internet
• Copying text and images from electronic resources such as CD Roms and E-books

Copying limits

There are certain copying limits which apply under the Statutory Text and Artistic Licence.

In general, a teacher can:

• scan 10% of the words in a text including a book, journal, magazine or newspaper.
• copy 10% of the words on a website, CD Rom or E-book.

A teacher can copy an entire image. For text material, a teacher can copy an entire work where:

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

Notice requirements

A notice must be attached to all text and images placed online.

Labelling requirements

All text and images copied and communicated under the Statutory Text and Artistic Licence should be labelled “Copied under Part VB”.  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 blog if it contains material copied and communicated under the Statutory Text and Artistic Licence  ?

The blog must be password protected with access restricted to teachers and students. Parents may be given access to this material provided it is for ‘educational purposes’ such as assisting students with their work.

Payment

Licence fees are paid by schools via the Department of Education to the Copyright Agency Limited.

Radio and Television Programs

Teachers rely on the Statutory Broadcast Licence to copy and communicate off-air radio and television programs:

• From free-to-air, satellite and subscription (pay) channels
• Previously broadcast on a free-to-air channel and available as podcasts or webcasts on the broadcaster’s website.

Common activities under the Statutory Broadcast Licence 

Teachers can upload a television or radio program copied under the Statutory Broadcast Licence onto a blog for educational purposes.

Under the Statutory Broadcast Licence, a teacher is able to:

• Format shift a video/DVD recording of a television or radio broadcast into MP4 format.
• Make direct digital recordings of television and radio broadcasts.

Copying limits

There are no copying limits under the Statutory Broadcast Licence. A teacher can copy an entire television or radio program onto a blog.

Notice requirements

A notice must be attached to copies of broadcasts placed online.

Labelling requirements

All material copied and communicated under the Statutory Broadcast Licence should be labelled with the following information:

Made for [insert name of institution]
under Part VA of the Copyright Act 1968
Date of broadcast: [insert date]
Date this copy made:[insert date] 

The copyright owner and author (if different) should also be credited for their work.

For information on crediting the copyright owner, see information sheet 'Labelling School Material' 

Who can access the blog if it contains material copied and communicated under the Statutory Broadcast Licence ?

The blog must be password protected with access restricted to teachers and students. Parents may be given access to this material provided it is for ‘educational purposes’ such as assisting students with their work.

Payment

Licence fees are paid by schools via the Department of Education to Screenrights.

Linking to online versions of the radio and television programs

Many Australian free-to-air broadcasters provide online versions of their radio and television programs that can be viewed from their website.

Instead of downloading a copy of online programs onto to a blog, teachers can provide a link to the online program on the broadcaster’s website.

Listening or viewing online programs is not a copyright activity and therefore does not attract a licence fee under the Statutory Broadcast Licence.

Films in video or DVD format (not radio and television broadcasts)

A teacher may want to upload a segment of a video or DVD onto a blog for educational purposes. This will involve format shifting the video or DVD into MP4 format.  Format shifting is permitted under flexible dealing provided certain conditions are met.

For further information on format shifting under flexible dealing, see information sheet 'Format Shifting and the Copyright Amendment Act 2006: What am I allowed to do?'.

If the DVD is protected by an access control technological protection measure, such as a content scrambling system, a teacher will not be able to format shift the DVD into MP4 format.  Most commercial DVDs are protected by a CSS and therefore cannot be format shifted.

For further information on Technological Protection Measures, see information sheet 'Technological Protection Measures and the Copyright Amendment Act'.

What about YouTube videos?

Teachers may want to upload a YouTube video onto the blog for educational purposes. While this may be permitted under flexible dealing, the terms of use on the YouTube website state that the videos cannot be downloaded (ie copied).  The law is not clear on whether contractual terms may override the copyright exceptions.  Therefore, a teacher may be prohibited by contract from downloading videos from YouTube to upload onto the class blog.  This is a risk management issue for each jurisdiction to determine.

For further information on flexible dealing, see information sheet 'The New Flexible Dealings Exception: What am I allowed to do?'.

Where possible, teachers should avoid copying YouTube videos.  This can be achieved by providing a link to the YouTube video on the blog.  The YouTube website provides information on how to embed links to YouTube videos. 

For further information, see information sheet 'Using YouTube'.

Labelling requirements

All material copied and communicated under flexible dealing should be labelled “Copied under section 200AB of the Copyright Act 1968”.

The copyright owner and author (if different) should also be credited for their work.  For information on labelling, see information sheet 'Labelling School Material'.
 
Access

The blog must be password protected with access restricted to teachers and students.  Parents may be given access to this material provided it is for ‘educational purposes’ such as assisting students with their work.

Music

A teacher may want to upload music onto the class blog. The music may be from a CD or purchased as an MP3 file online.

If the music is from a CD, the teacher will have to format shift the song into MP3 format to upload it onto the blog.  This may be permitted under flexible dealing provided certain conditions are met.

For further information on format shifting under flexible dealing, see information sheet 'Format Shifting and the Copyright Amendment Act 2006: What am I allowed to do?'.

Music purchased online in MP3 format

When purchasing music online, a teacher must check the store’s terms and conditions to see whether they can use the music for educational purposes.  The terms and conditions of most online music stores provide that you can purchase the MP3 file for ‘personal, non-commercial use’. This does not include ‘educational use’ by a school. A teacher is able to use music for educational purposes where the terms and conditions permit the music to be used for:

• Non-commercial use
• Use in your organisation
• Personal or non-commercial use

Where the terms and conditions do not allow the music to be used for educational purposes, it is arguable that a teacher can rely on flexible dealing to use the music.  However, the law is not clear on whether contractual terms override copyright exceptions and a teacher may still be prohibited by contract from using the music for educational purposes.

For further information on flexible dealing, see information sheet 'The New Flexible Dealings Exception: What am I allowed to do?'.

Overall, this is a risk management issue for each jurisdiction to determine.  If in doubt, we recommend that the teacher format shift music in CD format into MP3 format.  Alternatively, if a teacher has originally purchased music from an online for ‘personal, non-commercial use’, they may later use that music for educational purposes.

Labelling requirements

All material copied and communicated under flexible dealing should be labelled “Copied under section 200AB of the Copyright Act 1968”.

The copyright owner and author (if different) should also be credited for their work.  For information on labelling, see information sheet 'Labelling School Material'.

Access

The blog must be password protected with access restricted to teachers and students.  Parents may be given access to this material provided it is for ‘educational purposes’ such as assisting students with their work.

Free for education material

Relying on the Statutory Licence schemes and flexible dealing to copy and communicate material can be burdensome on teachers and education departments alike. This is because:

• Teachers are restricted by copying limits
• Teachers cannot modify, remix and share the material except in limited circumstances.
• Access to the material is limited to students and teachers. Parents can have access to the material when it is for “educational purposes” such as assisting their child with their school work.
• Teachers cannot use material that is protected by an access control technological protection measure.  For further information on Technological Protection Measures, see information sheet 'Technological Protection Measures and the Copyright Amendment Act'.
• Licence fees are paid for the use of copyright material under the Statutory Licence schemes.

Using free for education material is a great alternative as:

• Teachers are not restricted by copying limits.
• A lot of free for education material allow teachers to modify, remix and share the material.
• There are no restrictions on who can access the material.
• Free for education materials are unlikely to be protected by access control technological protection measures.
• No licence fees are payable.

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) of the material should also be credited for their work.

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

Access

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

What are the copyright implications of the students’ activities?

The copyright implications which arise will depend on whether the student works are original works or whether they contain third party material.

Student critiques as original works

Students own copyright in the original works they produce. Therefore, there are no copyright implications arising from a student uploading their original work onto a blog.

Who can access the blog if it contains original student works?

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

Student critiques containing third party material

Students rely on fair dealing to copy and communicate third party material (other people’s work).  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)

What is a ‘fair’ use?

For the use to be ‘fair’, the student 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 the students use under fair dealing?

Students 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’.

Who can access the blog if the students have used material under ‘fair dealing’ in their critiques?

In order to ensure that fair dealing is available to the students, it is best if the blog is password protected with access restricted to teachers, students and parents.

Student critiques containing free for education material

In relying on fair dealing to copy and communicate copyright material, students are limited in how much they can copy and what they can do with the material. For example:

• Students are unable to copy an entire work except in limited circumstances.
• Access to the material is limited to students, teachers and parents. As a result, students cannot make uses of their work which involve the general community. For example, students cannot showcase or exhibit their work in a public space, including the internet. This will often mean that students cannot enter their work into public competitions.
• Students cannot use material that is protected by an access control technological protection measure.

One way of overcoming these barriers is by using ‘free for education’ material. 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.

There is a lot of material which is available ‘free for education’.

Creative Commons

One popular source of free for education material is creative commons. Creative commons are a set a 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) of the material should also be credited for their work.

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

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

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

Previous Page |