1. 1 Copyright Issues Considerations for Educational Designers: The Big Picture Created by DETA and adapted by SBIT Library 2009

2. 2 Copyright Issues 1.Copyright Overview 2.Statutory Educational Licences 3.Using Free Resources 4.Getting Permission 5.Labelling 6.Where Do I Get More Information?

3. 3 Copyright Overview ©

4. 4 Copyright is the legal means by which creators control the use of their work It gives copyright owners the right to decide how their work is used and on what terms Copyright does not protect ideas It is automatic. There is no copyright registration process.

5. 5 Copyright Overview Copyright protects: –artistic, literary, musical & dramatic works –films, sound recordings, broadcasts & published editions (eg. photographs, crosswords, text, diagrams) The duration of copyright varies depending on the work. –books, music and drawings = 70 years from the death of the author; –films & sound recordings = 70 years from year of first publication.

6. 6 Copyright Overview Creators generally own copyright in the works they create However, if the work was created by an employee as part of their employment (eg. a teacher writes teaching materials) copyright in the work will be owned by their employer.

7. 7 You infringe the owner’s exclusive rights If you: – reproduce – communicate – perform – adapt the work without the owner’s permission

8. 8 Do you need permission to use material?... Can you see that: the material been made available to use for free for educational purposes? there is a free use copyright exception? there is a statutory or voluntary licence? Check by looking for copyright statements on the work or the website etc

9. 9 Statutory Educational Licences under the Copyright Act 1968

10. 10 Statutory Educational Licences This means that the Copyright Act itself grants educational organisations a licence to copy and communicate copyright works within set restraints. This doesn’t mean the works are free, your organisation will still need to pay for their use. It just means you don’t have to ask permission if you are within the restraints specified in the Act.

11. 11 Statutory Educational Licences There are 2 statutory educational licences: i.Part VB, which is the licence that allows education to use text and artistic works; and ii.Part VA, which is the licence that allows education to make copies of TV and radio broadcasts.

12. 12 Statutory Educational Licences: Part VB - text and artistic works Covers copying & communication of works by not- for-profit educational organisations (schools, TAFE & universities) for educational purposes Administered by the Copyright Agency Limited (CAL)

13. 13 Statutory Educational Licences: Part VB - text and artistic works Limits on use: Up to 10% of a literary work or 1 chapter of a book One article in a journal, more from a single issue if on the same subject matter The whole work if it has not been separately published or is not commercially available within a reasonable time at an ordinary commercial price

14. 14 Statutory Educational Licences: Part VB If you are communicating the work in an electronic form, it must include the prescribed Part VB notice. 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.

15. 15 Statutory Educational Licences: Part VA Covers copying & communicating for educational purposes: free TV, pay TV and radio broadcasts; and podcasts and webcasts which have originated as free to air broadcasts and are available on the broadcaster’s website. Note: the Part VA licence does not cover podcasts/ webcasts which have not been previously broadcast, nor does it cover podcasts/ vodcasts from pay TV sources

16. 16 Statutory Educational Licences: Part VA There is no limit on how much you can copy, but copies of broadcasts made under the Part VA licence should be labelled as follows: Made for [institution] Under Part VA, Copyright Act 1968 Date program broadcast - --/--/0- Date this copy made- --/--/-- Do not remove this notice

17. 17 Statutory Educational Licences: Part VA Digital copies must be accompanied by a prescribed warning notice. NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 (the Act). The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.

18. 18 Some material may be free for educational purposes Using Free Resources Still need to acknowledge the source No 10% Rule No Royalties Charged Free for Education Material

19. 19 Getting Permission Try to obtain permission from the copyright owner where:  Your organisation requires a substantial portion of the work. because You can often obtain much broader permission than if you relied on a statutory licence You may get permission to use the work for without payment Always keep a record all permissions Check if your organisation has a central register of all permissions. If there isn’t one, it is a good idea to create one

20. 20 Labelling

21. 21 Labelling If you publish your own material, label it in the footer of each page with the copyright symbol, name of organisation and year of publication. For example: © State of Queensland (Mt Isa Institute of TAFE) 2009 If you publish material owned by someone else, clearly indicate the source of the material in the footer of each page When including works, (e.g. illustrations, photographs or charts), owned by someone else, include the copyright information next to the actual work. When including material that is able to be used for free, (e.g. under Creative Commons), label it in accord with the terms of the licence.

22. 22 Labelling Clip Art is often free to use, however always check the terms & conditions of use. –It is not practical to label each individual image, so include the notice in the footer of the page on which the images appear (e.g. ‘Clip Art sourced from Microsoft.’). If you have gained permission to use a work, clearly describe this permission next to the work or in the footer of each page. –(e.g. ‘Reproduced and made available for copying and communication by [INSERT EDUCATION ORGANISATION] for its educational purposes with the permission of Peacock Education Australia’. )

23. 23 Labelling What if I am relying on Part VB?  include enough information to identify the copyright owner.  if you are copying from a website, include the full URL address and date that you accessed the site.  always include the words ‘Copied Under Part VB’.

24. 24 Labelling You must always use the appropriate notice required under the Copyright Act. Examples follow …

25. 25 Labelling: Examples Copyright owned by TAFE ©TAFE NSW 2007

26. 26 Labelling: Examples Licence Obtained from Copyright Owner Reproduced and made available for copying and communication by TAFE NSW for its educational purposes with the permission of Planet Publishing Pty Ltd

27. 27 Labelling: Examples Copied Under Part VB (from a print publication) Copied Under Part VB, Migan F Urban Landscapes, Planet Publishing Pty Ltd, Sydney, NSW, 2007, ISBN 0897362739, p 65

28. 28 Labelling: Examples Copied Under VB (from the Internet) Copied Under Part VB, F Migan, www.animalfarm.com.au/photos/2007/htmwww.animalfarm.com.au/photos/2007/htm, accessed 10 May 2007

29. 29 Content Management Systems

30. 30 Content Management Systems CMS may allow you to copy and store the following works:  films and music  television and radio broadcasts  print works, (e.g. photos, maps & newspaper articles  podcasts

31. 31 Content Management Systems Tips: Use material from websites and other sources that allow for free educational use of copyright material Link to websites instead of copying content from the site into a CMS Review content stored on the CMS regularly to avoid paying for the content again every 12 months

32. 32 Where Do I Get More Information? www.smartcopying.edu.au National Copyright Unit (02) 9561 1204