Copyright for teaching

Copyright for teaching

Australian copyright law allows teachers to use other people's material for educational purposes without having to seek the permission of the copyright owner. Different rules apply depending on the:

  1. type of material that is being used, i.e. a text work (i.e. journal article, book chapter), artistic work (photograph, drawing), film (i.e. DVD, YouTube), sound recording (CD, podcast) or broadcast; and
  2. what is done with the material, i.e. copied, communicated and/or performed to students.

There are a number of ways to manage copyright without having to worry about what is permitted under copyright law. We have compiled a short guide that offers some practical tips on managing copyright (PDF). Where these tips don't apply to your use, see below for what is permitted under copyright law.

Text works

Teachers can copy and communicate text works for educational purposes under a statutory licence contained in the Copyright Act known as the Part VB licence.

A communication of text works occurs when material is emailed or made available online such as on the University's learning management system/intranet or other password protected online space.

Access

Access to all text material uploaded online must be password protected to ensure that only students and/staff of the University can access the material for their educational purposes.

Copying Limits

Teachers can only copy a "reasonable portion" of text material being:

  • 10% or 1 chapter of a book (whichever is greater).
  • 10% of the words on a website or from a CD Rom. Determining 10% of the words on a website can sometimes be impossible. If this is the case, it is good practice to only take what you need for the educational purpose.
  • One article in a journal, more than one article if on the same subject matter (including articles from online publications such as e-journals, e-books or e-newspapers).

A teacher can exceed the copying limits (i.e. a whole book or entire play) where the work:

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

In all cases, only copy what you need for the educational purpose.

Labelling/Attribution

Text material copied under the Part VB licence should be labelled with the name of the author and copyright owner (if different to the author), where the material was copied from and when it was copied.

e.g. Copied under Part VB of the Copyright Act, S. Leigh, www.ancienthistories.com, April 2014

Artistic works

Teachers can copy and communicate artistic works for educational purposes under a statutory licence contained in the Copyright Act known as the Part VB licence.

A communication of an artistic work occurs when material is emailed or made available online such as on the University's learning management system/intranet or other password protected online space.

Access

Access to all artistic works uploaded online must be password protected to ensure that only students and/staff of the University can access the material for their educational purposes.

Copying Limits

There are no specific copying limits under the Part VB licence for artistic works.  However, you are only permitted to copy what is required for the educational purpose.

Labelling/Attribution

Artistic material copied under the Part VB licence should be labelled with the name of the author and copyright owner (if different to the author), where the material was copied from and the date that the copy was made.

e.g. Copied under Part VB of the Copyright Act - B, Stanley, www.ozmusicandart.com, July 2014

Broadcasts

Teachers can copy and communicate radio and television programs for educational purposes under a statutory licence contained in the Copyright Act known as the Part VA licence. 

This licence covers the following broadcasts:

  • any off-air TV or radio broadcasts (free-to-air and pay TV channels); and
  • podcasts/webcasts of programs previously broadcast on a free-to-air channel.

The licence does not cover:

  • podcasts/ webcasts of programs previously broadcast on a pay TV channel; and
  • pirate copies of broadcast content.

Access

Access to all broadcasts uploaded online must be password protected to ensure that only students and staff of the University can access the material for their educational purposes.

Copying limits

There are no specific copying limits under the Part VA licence for broadcasts.  However, you are only permitted to copy what is required for the educational purpose.

Labelling/Attribution

Broadcasts copied under the Part VA licence should be labelled with the name of the program, the broadcaster and the date that the copy was made. If the copy is a webcast or podcast of a previously broadcast program, the URL should also be included.

e.g. Copied under Part VA of the Copyright Act 1968
'Foreign Correspondent', ABC, May 2014

e.g. Coped under Part VA of the Copyright Act 1968
'Catalyst', ABC,
https://www.youtube.com/user/ABCTVCatalyst, May 2014

Music

Teachers can copy and communicate (email, upload online) sound recordings in all formats (MP3, cassette, CDs) for educational purposes under a national sector licence with all Australian music collecting societies (AMCOS, APRA, PPCA and ARIA). All copies must be from legitimate sources of music.

Access

Access to all copies of music uploaded online must be password protected to ensure that only students and staff of the University can access the material for their educational purposes.

Copying limits

There are no specific copying limits under the licence. However, you are only permitted to copy what is required for educational purposes.

Labelling/Attribution

All copies must contain the following notice and information:

Notice -  "This recording has been made by Macquarie University under the express terms of an educational licence between it, ARIA, AMCOS, APRA and PPCA and may only be used as authorised by Macquarie University pursuant to the terms of that licence";

Information

  1. the title of each musical work;
  2. the name of each composer, lyricist and arranger of the musical work; and
  3. if the recording is an ARIA sound recording, the artist/group name and the record company label.

Videos

Linking/embedding YouTube videos

The easiest way to use YouTube videos in teaching materials is to link to the videos from your teaching materials or to embed the videos in iLearn. The YouTube terms of use allow for these uses without needing permission from the copyright owners. But, you will want to be reasonably sure that the videos were uploaded legitimately.

How do I verify if a YouTube video is a legitimate upload? Check the uploader’s name and the YouTube channel (it there is one,) and consider the following:

  • Do all the videos on the channel have the same branding?
  • Does the uploader’s name match the producer’s/company’s name?
  • If you check the URL for the YouTube Channel, is the URL a professional sounding name?
  • Is the YouTube channel an official channel? It should have a tick against the name.
  • Does the channel have many subscribers? If it is a well known company, there should be a substantial number of subscribers.

Not all of the above factors will be dispositive for all kinds of videos, but they’re a good starting place. Again, you just need to feel reasonably sure that the video was uploaded legitimately--significant research is not needed. There are some very good fake accounts out there, just like there are with phishing emails, but by considering user names, URLs, other content on those channels, and YouTube verification, any non-legitimate videos and/or channels should be weeded out.

Downloading/uploading videos

If you want to copy and communicate video, that’s possible, too. Teachers can copy and communicate (email, upload online) video content (VHS, DVD, online videos such as YouTube) for educational purposes under an exception in the Copyright Act known as flexible dealing or s200AB.

Flexible dealing only applies where:

  • The use is for “educational instruction” - this means you must have a clear educational activity in mind at the time. ‘Just in case’ copying is not permitted.
  • Access is strictly limited to those students and staff engaging in the educational instruction.
  • Your use is “reasonable”. Your use is likely to be unreasonable where:
    • You can purchase the material you are copying in the format required or obtain a licence for your proposed us on reasonable terms;
    • You have used more than what is required for the educational instruction purpose;
    • You expose the material to a risk of piracy. Access to s200AB copies must be password protected.

Labelling/Attribution

Material copied and communicated under s200AB should be labelled to include the author and/or copyright owner of the video, the name, the title of the work, date the copy was made, and, if the copy is from an online source, include the URL.

For example, copying three minutes from a YouTube documentary should be attributed this way:

“Copied under s200AB of the Copyright Act 1968, Documentary Discovery Channel, ‘How Newspapers Are Made’, August 2014”

For further assistance contact copyright@mq.edu.au

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