This information has been compiled by the Languages Unit, NSW Curriculum and Learning Innovation Centre (2011).
Information has been sourced from the Smart Copying website ( www.smartcopying.edu.au
), Colleen Foley (Team
Leader, School Libraries and Information Literacy), Elizabeth Markwick (Manager, Copyright, NSW Department of
Education and Communities) and Sylvie Saab (National Copyright Officer, Ministerial Council on Employment,
Education, Training and Youth Affairs).
Where can I find current information about copyright?
Your school’s teacher librarian has a handbook for school libraries which contains information on copyright.
Alternately, you can visit the websites listed on p.4 of this handout.
What does ‘flexible dealings exception’ mean?
The Copyright Amendment Act 2006 introduced an important new exception for Australian schools which allows
Australian teachers to use copyright materials for free, in narrow circumstances for the purposes of educational instruction (section 200AB of the Copyright Act).
Section 200AB is different to other exceptions in the Copyright Act because it does not specify exactly which copyright uses will and won't be permitted. Instead, it sets out a number of rules which teachers must use to decide whether a particular use of copyright material will be allowed. See the table below:
© State of New South Wales through the NSW Department of Education and Training, 2011
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How much can I copy from a literary work?
Literary works can include novels, textbooks, newspaper articles, magazine articles, journals, poems, song lyrics, timetables, technical manuals, instruction manuals or anthologies.
The Statutory Text and Artistic Licence (also known as ‘Part VB’ of the Copyright Act) allows educational institutions to make the following multiple copies:
 for books, you may make unlimited copies of up to 10%, or one chapter (whichever is greater)
 for newspapers and magazines, you may copy one article in full (or more than one article if the subject matter is the same, e.g. front page and editorial). You may also copy an advertisement, or a letter to the editor.
If the work is no longer in print and cannot be obtained at a reasonable price within a reasonable time limit
(generally six months for textbooks and books, and 30 days for other materials in hardcopy), you may copy the whole work. If the work is in digital format, ‘reasonable time’ may be shorter. If you have any questions, contact the National Copyright Unit.
How many separate works can I reproduce from an anthology (e.g. prescribed short stories for the Extension course)?
An anthology is a collection of works, for example a book of short stories. You can copy no more than 15 pages from a book of anthology. If a work in an anthology is separately published but is no longer available for purchase in a reasonable time at an ordinary commercial price, then the entire work in that anthology may be copied even if the entire work is more than 15 pages.
How much can I download from a website to give to my students (e.g. a reading passage)?
You can copy (download) up to 10% of a website. It can be tricky determining how much 10% of a website is so if you are unsure, only copy what you need for educational purposes.
Can I modify text from a book/website/magazine/newspaper to make the language more accessible to my students?
Yes, you can modify texts for your students under the statutory texts and artistic works licence (Part VB).
Can schools hire commercial videos and/or DVDs?
The Australian Video Rental Retailers Association (AVRRA) has stated that most video/DVD rental shops will accept the membership of a school and will allow schools to hire videos and/or DVDs for educational purposes . The school must identify itself in joining the rental outlet. This provision extends to screening films as part of the course of education in class.
Can I record a TV program and show it to my students?
The Part VA Screenrights licence for schools permits schools to copy radio and television programs off-air for educational purposes. The Screenrights licence also allows schools to copy previously broadcast free-to-air programs available on the broadcaster’s website. A school is permitted to make a copy for another school if that school requests a copy. However, loaning copies to other schools is not permitted.
Is it permissible to make a back-up copy of a CD-ROM which accompanies a textbook then loan out the copy and retain the original in case of damage?
Making back-up copies to retain the original in case of damage is not permitted. If you wish to do this, you will need to get permission from the publisher. This will involve contacting the publisher directly and asking them for permission in writing to make a back-up copy. In some cases, permission may have already been granted and it may be clearly stated in the paper cover of the CD-ROM along the lines of “Permission is granted for the educational institution to make [for example] a back-up copy, or additional copies for classroom use”.
Where permission has not been obtained from the publisher to make a backup copy, teachers are only permitted to copy 10% of the CD-ROM where required for educational purposes.
© State of New South Wales through the NSW Department of Education and Training, 2011
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How much of CD-ROM accompanying a textbook can I copy for educational purposes?
You can copy 10% or one chapter from a CD-ROM for educational purposes. This is permitted under the Part VB license. This includes making print copies to give to students and making a copy to put up on the school intranet or learning management system. Where a copy is put on the school intranet or learning management system, a mandatory notice must accompany that work. This notice can be obtained from the Smartcopying website . A practical way of managing a notice requirement is to have the notice flash on the screen as the student or teacher log onto the system.
What does the NEALS logo mean?
The National Education Access Licence for Schools (NEALS) is a cooperative agreement between the education departments of the states and territories to share with each other certain publications produced for and by schools, free of charge. The NEALS license will only apply to text and artistic works. It does not apply to audio and video materials. NEALS does not apply to TAFE institutes.
Can I include images in my IWB activities, PowerPoint presentations, etc.?
Images can be copied for IWB activities and PPT presentations under the Part VB licence. Where the image is clip art, it may be copied for educational use depending on the terms of the licence. For example, Microsoft clip art can be copied and communicated by users subject to the Microsoft licence agreement. Where clip art has been sourced online from a website, it is a good idea to check the terms and conditions of that website to see whether the clip art can be used for free for educational purposes. Teachers should use images that are licensed for educational use where possible. For example, Creative Commons materials can be used for free by teachers: http://search.creativecommons.org/
Can I include quotes and extracts from a publication in my teaching materials?
Yes, and whenever possible you should attribute the author.
Can I charge a fee if I compile a course pack for my students?
You may only charge a cost-recovery fee.
What should I tell my students when they create a presentation?
Students can use other people’s materials under fair dealings. This is a special exception in the Copyright Act which allows students to use other people’s materials without their permission for their class and homework activities.
Students should include bibliographies (with websites, etc.) in all their work. With images, students should make an appropriate citation of the source, for example:
Image from Travelblog www.travelblog.org
© State of New South Wales through the NSW Department of Education and Training, 2011
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Who owns the copyright to photographs taken as part of class work?
The Department of Education and Communities (DEC) owns the copyright to photographs taken by DEC teachers in the course of their employment. Students own the copyright to photographs they take.
Can I take photographs of my students?
Check with your Department’s or Association’s policy on photographing students. Generally, you will need the written permission of the student (and parent, if the students is under eighteen) to publish their photograph in a school or Departmental publication.
I want to include some resources for students on the school intranet. What do I need to know?

Visit the Smart Copying website: www.smartcopying.edu.au

All Right To Copy is an audio visual interactive resource for students on copyright: http://www.smartcopying.edu.au/scw/go/pid/821

“Students and Copyright” is an information sheet useful for teachers: http://www.smartcopying.edu.au/scw/go/pid/1016
Is it alright to provide a link?
Linking is a great way of managing copyright. Teachers should link to material where possible. This is because linking is not a copyright activity but rather an address to the material located on another website.
Can I use YouTube videos in class?
Teachers can stream YouTube videos in class under Section 28. Teachers may copy YouTube videos in limited circumstances under the flexible dealings exception. Teachers should always link to YouTube videos where possible.
Where can I find comprehensive information on copyright?
The National Copyright Unit has put together a comprehensive E-learning Copyright Compliance manual for teachers using digital content. This manual can be accessed at: http://www.smartcopying.edu.au/scw/go/pid/1020
Some final thoughts:
The Smartcopying website was created and is hosted by the National Copyright Unit to provide practical advice to all Australian schools and TAFE institutions. The site contains National Copyright Guidelines, practical information sheets and FAQs on topics like using YouTube, podcasts, format shifting, interactive audio visual resources for teaching copyright in the classroom and answers to all your copyright questions: www.smartcopying.edu.au
Best-practice copyright tips
1.
Linking – Teachers should always provide a link to the original website by copying and pasting the URL.
2.
Embedding – Teachers should always use this method for displaying online films (e.g. YouTube films). Copy and paste the HTML code of the film (shows a small screen of the film on your website).
3.
Material created by you or the DEC – Departmental teachers can use material created by you or the DEC, as the DEC owns copyright of this material ( Note: You must label the material accordingly ).
4.
‘Free for education’ material – Teachers should use free materials. These are materials where the copyright owner has already given permission for the material to be used ( Note: Check the attributions for what you are permitted/not permitted to do with the material and you must use and label the material accordingly ).
© State of New South Wales through the NSW Department of Education and Training, 2011
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Where can I find ‘free for education’ material?
The most common source of ‘free for education’ material is Creative Commons (CC): http://creativecommons.org.au/
See p.6 of this handout for a summary of the different types of CC licences.
Remember!
‘Free’ does not mean you don’t have to pay to use that material. It just means that you are copying the material under the Part VB licence.
For example, if you copy 10% of a textbook, under CAL (Copyright Agency Limited) you will still pay the writer of the book for the portion copied.
In 2007 schools and TAFE nationally paid over $50 million in licence fees to CAL! Consider using ‘free for education’ material where possible.
© State of New South Wales through the NSW Department of Education and Training, 2011
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Creative Commons licence symbols
Creative Commons licensed material can be identified by the use of one of the following symbols. Usually a notice with the words “ Some Rights Reserved ” will appear with one or more of these symbols. More information about the symbols used in Creative Commons licences is available at http://creativecommons.org.au/licences
Attribution
(by)
Commercial and non- commercial
Yes
Attribution
Share Alike
(by-sa)
Attribution
No Derivatives
(by-nd)
Attribution
Non-commercial
(by-nc)
Attribution
Non-commercial
Share Alike
(by-nc-sa)
Attribution
Non-commercial
No Derivatives
(by-nc-nd)
Commercial and non- commercial
Commercial and non- commercial
Non- commercial
Only
Non- commercial only
Noncommercial only
Copy and enhance (adapt or modify), redistribute (publish, display, exhibit, publicly perform or communicate e.g. by email or by placing on a website) and license to others on any terms.
Copy, enhance and redistribute but you must make the new work available on same licence terms as original.
Copy but not enhance.
Redistribute only in original form.
Copy, enhance and redistribute.
License to others on any terms.
Copy, enhance and redistribute but you must make the new work available on same licence terms as original
Copy but not enhance.
Redistribute only in original form.
Yes
Yes
Yes
Yes
Yes
© State of New South Wales through the NSW Department of Education and Training, 2011
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