The NCU Copyright Hour - Copyright for Resource Developers - TAFE

National Copyright Unit
www.smartcopying.edu.au
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The NCU Copyright Hour
8 August 2023
Copyright for TAFE
Resource Developers
Alison Davis and Sylvie Saab
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8 August 2023
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
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8 August 2023
Smartcopying website
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• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions

8 August 2023
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
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8 August 2023
Outline
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1. Smartcopying tips
2. Creative Commons
3. Seeking permission
4. Statutory Licences, TAFE Music Licence and copyright exceptions
5. Standards Australia
6. Commercialisation of TAFE resources
7. Attribution
8. Artificial intelligence
9. Publishing material on a public website
https://smartcopying.edu.au/creating-learning-and-teaching-resources/

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8 August 2023
Smartcopying tips
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8 August 2023
Smartcopying Tips
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• Use your own material
• Use as inspiration
• Link or embed
• Use Creative Commons licensed material

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8 August 2023
Creative Commons
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8 August 2023
www.smartcopying.edu.au 9
https://smartcopying.edu.au/what-is-creative-commons/
What is Creative Commons
(CC)?
CC is a set of free licences creators can use to make their work available to the public. All CC
licences permit educational uses of a work. You can freely copy, share and sometimes modify and
remix a CC work without having to seek the permission of the creator.
Adventures in Copyright by by Meredith Atwater for
opensource.com is licensed under CC BY-SA 2.0

8 August 2023
Finding CC licensed materials?
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There are many sources of CC licensed materials. For example:
• Openverse - an open-source search engine that searches CC licensed and public domain content
from dozens of different sources.
• Openphoto - a moderated photo community with over 3000 CC licensed photos in different
categories.
• Europeana contains digital resources of Europe’s museums, libraries, archives and audio-visual
collections including paintings, drawings, maps, photos and pictures of museum objects.
• filmmusic.io – lets you search for CC licensed music and filter by genre.
• YouTube – lets you filter for CC licensed videos on the results page.
• You can filter for CC licensed material on Google and Flickr.
https://smartcopying.edu.au/how-to-find-creative-commons-licensed-materials/

8 August 2023
Licensing your materials under a
CC licence
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• There is a growing trend in the schools and university sectors to licence their
educational materials under a Creative Commons (CC BY) Licence.
• CC licensed materials are free to access, use, modify and share. CC licences also
encourage collaboration, innovation and the creation of communities based on the
sharing of education resources.
• TAFEs may want to consider licensing their materials under a CC Licence,
depending on the circumstances. Licensing under CC means that TAFE materials
could be shared with industry partners, and other entities more easily.
https://smartcopying.edu.au/applying-a-creative-commons-licence/

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8 August 2023
Seeking permission
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8 August 2023
When should I seek
permission?
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• TAFE resource developers may want to use third party materials in their resources and share
the final product in different ways. It may be better to seek permission than rely on a licence
or exception:
• For example, TAFEs may want to use materials in resources:
• that will be used in future collaborations with other TAFEs
• they want to commercialise
• they want to share with the school sector
• that will be used by all TAFE institutes within a jurisdiction.

8 August 2023
When should I seek permission?
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TAFEs may also wish to contact the copyright owner to seek permission (or contact
the NCU for clarification) if:
1. it is not clear from the terms and conditions of a website whether your use is
permitted or the material is actually licensed under CC
2. it is not clear whether the terms cover subsequent use of the material
3. you want to ask a copyright owner to license their materials under a CC
licence.

8 August 2023
Seeking permission
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You should first check if your TAFE has already sought permission or taken out a
licence.
• If yes, use the material as per the permission/licence.
• If no (or the permission doesn’t cover your use), seek written permission.
To seek permission:
1. identify the copyright owner.
2. email them to request permission (you can use our template emails here).
You should keep a copy of the permission on file for future reference, preferably in a
central register of permissions all staff can access.

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8 August 2023
Statutory licences and
TAFE Music Licence
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8 August 2023
Using material under the
Statutory Licences
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If the third-party material you want to use in your resource is not licensed
under Creative Commons and you don’t have permission, you may be able to rely on
the statutory licences to use the material, provided it is password protected.
There are 2 statutory licences:
• Statutory Text and Artistic Works Licence
• Statutory Broadcast Licence (only relevant to TAFEs in WA)

8 August 2023
Statutory Text and Artistic
Works Licence
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• Resource developers can copy and communicate text works (eg poems,
short stories, journal articles, books) for educational purposes, provided
the amount does not unreasonably prejudice the legitimate interests of
the copyright owner.
o The 10% or one chapter rule is still a useful guide in making this
assessment for resources that are still commercially available.
o Materials copied under the licence must be password protected.
o Resource developers can also copy and communicate whole artistic
works (eg photos, maps, diagrams).
https://smartcopying.edu.au/guidelines/education-licences/the-statutory-text-and-artistic-works-licence/

8 August 2023
Images from the internet
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All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless:
• it is a Creative Commons licensed image (see Where to find CC licensed images)
• the copyright in the image has expired and is in the public domain (see How long
does copyright last?)
• the terms of use clearly allow for educational use (see Internet and Websites).
Even if your TAFE has a licence, this may not allow for subsequent copying by TAFE
teachers in the classroom.
Smartcopying tip: use CC licensed images instead and keep an ‘image bank’ of CC
licensed images that you can use at any time.

8 August 2023
Statutory Broadcast Licence
(WA TAFE)
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TAFE Resource developers in WA can rely on the Statutory
Broadcast Licence to:
• copy television and radio broadcasts from free-to-air television
and radio, for educational purposes
• upload the copy broadcasts to the department or administrating
body’s intranet provided access is limited (eg on a TAFE
intranet via password protected access).
https://smartcopying.edu.au/guidelines/education-licences/statutory-broadcast-licence/
Radio Tower by Unknown Author is licensed under CC BY-SA

8 August 2023
Music
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• TAFE resource developers can rely on the TAFE Music Licence to incorporate
sound recordings into learning materials they are creating.
• For example, they may wish to incorporate a sound recording into a presentation as
part of a Certificate III in Music Industry, or as part of a Diploma of Music (Sound
Production).

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8 August 2023
Copyright exceptions

8 August 2023
Copyright exceptions
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You may be able to rely on one of the copyright
exceptions:
• exam copying
• disability access
• flexible dealing
https://smartcopying.edu.au/guidelines/library-exam-and-disability-copying/

8 August 2023
Flexible dealing
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Section 200AB is a flexible exception that allows resource developers to copy and
communicate content for the purposes of educational instruction when no other
exception or licence applies. For example:
• copy an extract from a documentary on acupuncture into learning materials for
TAFEs as part of a Diploma of Health Science – Traditional Chinese Medicine
• use whole or short extracts of YouTube clips in curriculum materials. For example,
copy short clips of different exercises to include in course material as part of a
Certificate IV in Fitness.
It only applies in limited circumstances. You must assess your proposed use on a case-
by-case basis.
Contact the NCU to discuss.
https://smartcopying.edu.au/flexible-dealing/

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8 August 2023
Standards Australia

8 August 2023
Standards Australia
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TAFE resource developers may be able to rely on the Statutory Text and Artistic
Works Licence, to copy Australian Standards into their learning materials, provided:
(i) it is for an educational purpose
(ii) access is restricted behind a password to teachers and students
(iii) the amount does not unreasonably prejudice the legitimate interests of the
copyright owner.
The 10% or one chapter rule is still a useful guide in making this assessment for
resources that are still commercially available.
Contact NCU or your local copyright manager to discuss further.
https://smartcopying.edu.au/where-to-find-cc-licensed-material/

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8 August 2023
Commercialisation of
TAFE resources
https://smartcopying.edu.au/labelling-and-attributing/

8 August 2023
Commercialisation of TAFE
Resources
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Sometimes, TAFEs may want to license their resources and training materials for a
profit to other educational institutions or entities.
If TAFEs do want to create new resources to sell for a profit, they should only:
• use TAFE owned materials
• use Creative Commons licensed materials (note they cannot use materials licensed
under a CC Non-Commercial licence)
• link to materials (linking is not a copyright activity, as it is just providing a pathway to
the material)
• obtain permission from the copyright owner.

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Attribution
https://smartcopying.edu.au/labelling-and-attributing/

8 August 2023
Label TAFE owned materials clearly, so that licence fees are not paid on
these resources. It also makes it clear to users of the content how they can
use it.
Clearly identify any third party materials in any resource you create, and label
these so it is clear how they can be used (for example, used with permission,
copied under one of the education licences or exceptions).
Attribution
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8 August 2023
You should always:
1. attribute each individual resource, and, where possible, each
individual page or element of a resource
2. include an appropriate copyright notice on the home page of the
website or intranet.
Remember, when creating new resources, you should license all TAFE owned
material under Creative Commons and attribute it accordingly.
Attribution
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8 August 2023
Text and Artistic Works Broadcasts (TAFE
WA)
Creative Commons Own material
• author and publisher
• Title
• edition or date
published
• ISBN or ISSN
• URL (if from a
website)
• program name
• channel
• date copied
• URL (if from a
website)
• Title
• Author
• Source
• Licence
© [TAFE/TAFE
Administering Body],
[TAFE Institute], 2023
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How to label and attribute

8 August 2023
Examples of copyright notices
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© TAFE NSW, 2023
© TAFE QLD, South Bank, 2023
© North Metro TAFE WA, 2023.

8 August 2023
Examples of copyright notices
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Where you are using third party content within your resources, that is not owned by
you or licensed under CC:
All material on this [website or resource], except as identified below, is licensed
under the Creative Commons Attribution 4.0 International Licence. To view a copy
of this licence, visit http://creativecommons.org/licenses/by/4.0/.
Material that is not licensed under a Creative Commons licence is:
• Photographs on pages 4-6
• Poem on page 2
• Video footage
https://smartcopying.edu.au/labelling-third-party-content-in-creative-commons-licensed-material/

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8 August 2023
Artificial Intelligence
(AI)
https://smartcopying.edu.au/using-generative-ai-platforms-in-tafes/

8 August 2023
Creating works using
generative AI
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When using generative AI you should:
1. note the terms and conditions of the generative AI platform and whether they assign
copyright in the output to the user or only grant a licence
2. ensure the person who uses the platform to generate the work is employed by the TAFE
and has created the work as part of their employment
3. label content created using AI tool as follows:
‘This work has been generated using artificial intelligence. Any copyright subsisting in this
work is owned by [INSERT Dept/TAFE Administering Body/College].’
4. where practicable, only use content generated by AI platforms internally within the TAFE.

8 August 2023
Modifying works using
generative AI
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If you want to use AI platforms to modify existing third-party materials, you should:
1. only do so if an education exception or the Statutory Text and Artistic Works
Licence applies, or you have permission from the copyright owner
2. label the modified material as follows:
‘This version has been generated using artificial intelligence and has been copied/made
available to you under the educational provisions of the Copyright Act. Any further
reproduction or communication of this material by you may be the subject of copyright
protection under the Copyright Act. Do not remove this notice.’
3. ensure you comply with the attribution requirements of the generative AI tool.

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8 August 2023
Publishing material to a
public website

8 August 2023
Publishing material to a public
website
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The only material you can publish to a public website/media platforms which anyone,
anywhere can access is material:
Alternatively, it is okay to provide links to material created by others
on public websites.
• in which the TAFE owns copyright
• created by others (ie ‘third party material’), which has been
licensed under Creative Commons or is in the public domain
• created by others, which you have express permission to use
in this way.

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8 August 2023
Recap – creating
learning resources

8 August 2023
Creating Learning Resources
Can I use my own
material, CC licensed
material, link or use
public domain material?
• Yes – fine to use material
in learning video (can be
password protected or
public).
• No – consider if can seek
permission.
Can I seek permission
to use third party
material?
• Yes – use as per the
permission (make sure
it covers how you
intend the video to be
used).
• No – consider if any
educational licence or
exception applies.
Do any educational
licences or exceptions
apply (eg flexible
dealing)?
• Yes – use as per the
licence/exception. Video
must be password
protected.
• No – consider
alternatives (eg CC
licensed material, linking
or creating your own).
Smartcopying tip: Remember to attribute!

8 August 2023
More information
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smartcopying@det.nsw.edu.au
02 7814 3855

The NCU Copyright Hour - Copyright for Resource Developers - TAFE

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