You should have instructional purposes for making content available
Only copy what you need, provide it to the students who need it, for the period of time it is required - then archive or disable it. This helps manage copyright costs.
If communicating information online, it must be on a password protected site. If you want to publish to a public website, seek permission from the copyright owner.
It is good practice to attach a copyright notice to copied material to prevent further copies/downloads
Always attribute sources (where and when) - including yourself if you create something!
The following are not Copyright activities, so are good ways to share material:
bookmarking and sharing links to content
playing or streaming live television or radio programs
utilising open education resources
For further information:
Smartcopying Information sheets for schools
Contact Chloe in the library - we can answer your questions or refer them to Copyright Advisors in the Department
Help is available for school staff from the Department of Education Copyright Managers, or from the National Copyright Unit.
‘Works’ – artistic, literary, musical or dramatic
‘other subject matter’ – films, sound recordings, broadcasts
The author is the first owner, but they may sell or license copyright to an organisation (e.g. publisher, newspaper, employer)
Copyright lasts for the author's lifetime +70 years
Use of copyright material in schools isn't free. The National Copyright Unit negotiates licenses on behalf of schools - levels of usage across schools impacts the amount paid in annual fees (fixed per-student rate of $13 per student per year for 2023-25).
This applies where the material is not commercially available in the format needed.
Disability includes difficulty reading, viewing, hearing or comprehending
Activities include:
Create a digital version and make necessary adjustments
Provide captions
Convert into easy English
Create audio for students with a vision impairment
Can be applied to the entire work
Covers copying an extract or portion of a work
This exception can be applied to works that are commercially available in the required format
Open Education and Creative Commons resources are made available in the public domain, with an open license that allows free access, use, modification and sharing.
Attribution is vital!
Include Title, Author, Source, Licence
In a reasonable/practicable place
If you are creating resources, consider cc-licencing your material - the Department of Education's policy is to openly licence materials.
Students can copy and communicate works under “fair dealing” for the purpose of:
Research or study
Criticism or review
Parody or satire
Reporting the news
Students must:
Use extracts and not whole works (using 10% as a guide)
Attribute the author and/or publisher
Putting recordings on Facebook or Youtube - its not covered by school licences - but these organisations have their own licences with APRA which may cover it
Students putting music into work for e.g. competitions - probably covered by fair dealing (using creative commons would avoid the issue)
Staff playing content from iTunes, Google Play, Netflix etc accounts is not a copyright activity - but may be in breach of the site's terms and conditions.
A number of licenses are in place which will cover most of your needs.
Allows schools to copy and communicate text and images for educational purposes
Copy = Print, photocopy, scan, download, save to a device or the cloud, take a photo or screenshot
Communicate = Make it available online or electronically
There is no longer a set limit on the amount you can copy - think about whether the copying activity will unreasonably prejudice the copyright owner (10% or a chapter is still a good guide!).
Not covered – mass digitisation or copying of books, copying software, placing content on the open web (Facebook, Instagram etc).
Covers copying and communication of TV and radio broadcasts - either from free to air TV, broadcaster's websites or resource centres (e.g. ClickView). There is no set limit - but it must be for educational purposes.
Not covered here: pay TV (unless it has been previously broadcast as free to air), streaming services, purchased programs (iTunes, google play, DVDs, online videos or games).
MUSIC LICENCES
AMCOS/ARIA/APRA – school event licence – covers making and playing music at a school event, or creating a livestream. Video recordings can be shared to a password protected system – NOT a school website, or Facebook
APRA – perform music at the school or at a school event at another venue – but not putting on a whole musical (needs a separate license)
AMCOS – copying sheet music. Must purchase music legitimately, and can then copy the whole work (15 copies per original). Digital copying is not usually covered - more information here.
CO-CURRICULAR LICENCE
This is an optional licence organised by individual schools. Also called the rainy day license – covers playing films for non-educational settings (camp, end of year, bus excursions).
Permission to perform and communicate in class (including the virtual class)
This includes playing a streamed program, a purchased DVD, music from iTunes or part of an audiobook
NOT communicating to parents, fundraising activities, non-educational use (camps, rainy day)
Covers copying audio and AV content
Considered on a case by case basis – guidelines include:
It must be for educational instruction - 'just in case' copying is not covered
If you can buy it in the format needed, you must do so (athough a small extract may be ok). Do NOT format shift for the sake of it.
Check if what you are doing is covered by other provisions first - it is not a get out gaol free card!
Don’t use pirated material
Teachers can copy and communicate any copyright material for use in online and hardcopy exams
Does not apply to practice papers