Ambition
in Action
Ambition in Action
Copyright Issues
in TAFE
Sydney Institute
Elizabeth Markwick
Manager Copyright
www.sit.nsw.edu.au
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Ambition in Action
Copyright Issues in TAFE
1.
2.
3.
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6.
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10.
11.
Copyright Overview
Statutory Educational Licences
Free Use Exceptions
Using Free Resources
Getting Permission
Labelling
Copyright Protection Measures
Content Management Systems
Using Music in TAFE
Managing Copyright
Where Do I Get More Information?
www.sit.nsw.edu.au
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Ambition in Action
WHAT is Copyright ?
Circuit
layouts
Patents
Intellectual
property
Copyright
Trade
Marks
Designs
www.sit.nsw.edu.au
Plant
breeder’s
rights
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Ambition in Action
WHAT DOES COPYRIGHT PROTECT?
/
/
/
/
/
/
/
/
/
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Literary works
Computer programs
Compilations (includes electronic databases)
Artistic work
Dramatic works
Musical works
Cinematograph films
Sound recordings
Broadcasts
Published editions
www.sit.nsw.edu.au
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Ambition in Action
Copyright Overview
/
How long does copyright last?
/
Who owns copyright?
/
Moral rights-Copyright Amendment 2000
www.sit.nsw.edu.au
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Ambition in Action
Copyright Overview
Do you need permission to use material?...
Ask:
/ Has the material been made available to use for
free for educational purposes?
/ Is there a free use copyright exception?
/ Is there a statutory or voluntary licence?
There is a lot that TAFE institutes
are allowed to do already.
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences
There are 2 statutory educational licences
applicable to TAFE:
(i) Part VB, which is the licence that allows
TAFE to use text and artistic works; and
(ii) Part VA, which is the licence that allows
TAFE to make copies of TV and radio
broadcasts.
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
/
Covers copying and communication of
literary, dramatic, artistic and musical
works by not-for-profit educational
institutions (schools, TAFE and
Universities) for educational purposes
/
Administered by the Copyright Agency
Limited (CAL)
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
Two schemes:
- Photocopying
- Electronic Use Scheme (eg. scanning,
placing on an intranet, printing from
the Internet, saving and downloading)
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
Limits on copying:
/ Up to 10% of a literary work or 1 chapter of a
book
/ One article in a journal, 2 articles 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
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
If you are communicating the work in an electronic form, such
as by email or by making it available on an intranet, 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.
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
/ The TAFE sector pays annual licence fees
to CAL as payment for the right to copy
under the Part VB Licence
/ In 2007 the national TAFE (excluding
Victoria) licence fees were over $3 million
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VB
/ Each year a sample of TAFE institutes is surveyed to
measure how much is being copied and what is being
copied
/ The survey captures information about photocopying,
printing and scanning by general TAFE staff. It also
captures information about electronic use at central
locations (eg uploading to Intranet)
/ This information is used by CAL to assist with CAL’s
distribution of royalties to copyright owners and it is used
by CAL and
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VA
Covers copying and communicating for educational purposes:
(i)
free TV, pay TV and radio broadcasts; and
(ii) podcasts and webcasts which have originated as free to air
broadcasts and are available on the broadcaster’s website.
/
No limit on how much you can copy
/ You can make preview copies of TV and radio programs, provided the
copies are destroyed within 14 days.
/ There are labelling requirements under the Part VA licence
www.sit.nsw.edu.au
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Ambition in Action
Statutory Educational Licences:
Part VA
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 - --/--/0Date this copy made- --/--/-Do not remove this notice
www.sit.nsw.edu.au
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Ambition in Action
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.
www.sit.nsw.edu.au
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Ambition in Action
Free Use
Exceptions
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions
There are several free use exceptions:
/ s28 – playing videos, DVDs, CDs in class
/ ss40-42 – fair dealing
/ s200 – copying for exams
/ s200AB – flexible fair dealing
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s28
/ Section 28 allows copyright material to be performed and
communicated in class, or otherwise in the presence of an
audience as part of educational instruction
/ This does not include performances to parents, school
excursions or for fundraising activities.
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s28
Some activities covered by s28:
/ Use an electronic reticulation system to play a video or
DVD to a class
/ Display or project material to the classroom via
PowerPoint or interactive whiteboard
/ Communicate material to external students using virtual
classroom software
/ Play a film from the TAFE intranet to a class
/ Recite a poem to a virtual class using Skype
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: ss 40-42
/ The fair dealing exceptions cover the following purposes:
-
Research and Study
Criticism and Review
Reporting of the News
Parody and Satire
/ These exceptions are more likely to be relied on by
students than staff
/ The use must be fair
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s200
/ s200(a) allows teachers and students to
reproduce, arrange or adapt literary,
dramatic, musical or artistic works by hand
as much as is needed.
/ s200(b) allows literary, dramatic, musical or
artistic works to be reproduced:
▲in exam papers; or
▲in exam answers.
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s200AB
Q. What rules apply to s200AB?
A. There are six rules that apply to s200AB:
1. Use must be for purposes of giving educational
instruction
2. Use must be non-commercial
3. Must be a “special case”
4. Must not conflict with “normal exploitation” of copyright
material by copyright owner
5. Use must not “unreasonably prejudice” copyright owner
6. Must not remove/disable an Access Technological
Protection Measure
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s200AB
Am I using it for
purposes of
educational
instruction?
YES
Is my use noncommercial?
YES
Is my use
narrow in
scope?
YES
I can rely on
S200AB
NO
Is it protected by
an Access
Technological
Protection
Measure?
NO
Will my use
unreasonably
prejudice the
copyright owner?
NO
Does my use
conflict with its
normal
exploitation?
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s200AB
Some activities covered by s200AB:
1.
Make captioned versions of films for hearing impaired
student when not possible to buy captioned version
2.
Convert 8-track or VHS tapes to DVD when not possible
to buy DVD of that sound recording or film
3.
Compile short extracts of audio-visual material for use in
class (eg making DVD of short extracts of several films
for a Film Studies or English class) when not possible to
purchase similar teaching resource
www.sit.nsw.edu.au
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Ambition in Action
Free Use Exceptions: s200AB
Some activities covered by s200AB:
4.
Convert a film on Video to digital file format when
not possible to buy a digital version of the film
(note Anti-Circumvention provisions)
5.
Include short extracts of music in PowerPoint
teaching aids
6.
Translate an extract of an Australian novel into
French for a French language class
www.sit.nsw.edu.au
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Ambition in Action
Using Free Resources
Some material can be used for free for
educational purposes
Still need to
acknowledge
the source
Free for
Education
No 10%
Rule
Material
No Royalties
Charged
www.sit.nsw.edu.au
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Ambition in Action
Using Free Resources
/ Material that can be used for free includes material
licensed under:
- AEShareNet; and
- Creative Commons
/ There are many other resources that are made available
for free use by educational institutions.
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Using Free Resources
Photo of Eiffel Tower taken from
www.smh.com.au this would be
counted for a royalty payment
by CAL
Photo of Eiffel Tower taken from
Flickr under a Creative Commons
licence - this would NOT be
counted for a royalty payment
www.sit.nsw.edu.au
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Ambition in Action
Using Free Resources
AEShareNet Licensing Scheme
AEShareNet offers 4 instant licences which can be used by
copyright owners to make their works available for free for
educational use:
/ FfE – Free for Education
/ U – Unlocked Content
/ S – Share and Return
/ P – Preserve Integrity
For more information go to www.aesharenet.com.au
www.sit.nsw.edu.au
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Ambition in Action
Using Free Resources
Creative Commons: Public Licensing System
There are 4 primary licence elements
Attribution – attribute the author
Noncommercial – no commercial use
No Derivative Works – no remixing
ShareAlike – remix only if you let others remix
www.sit.nsw.edu.au
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Ambition in Action
Getting Permission
It might be worth trying to obtain permission from the
copyright owner where:

The materials appear to be designed for TAFE or
general educational purposes.

Your institute expects to continually use the material.

The material is published by another educational
institution such as a university.

Your institute requires a substantial portion of the work.
www.sit.nsw.edu.au
Clip Art sourced from Microsoft.’
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Ambition in Action
Getting Permission
An example of a register of permissions:
Register of Permissions
Institute:
Date:
Staff
member
responsible
for obtaining
permission
(if applicable)
Department/
Work Area
Campus
eg. James Brown
Hairdressin
g
St George
How long does the
permission last (please
provide start date, and,
if applicable, end
date)?
Have you
attached a
copy of the
permission?
Start date: 2 Jan 07
No end date
Yes
Name of
Copyright
Owner
Details of
Material
Energise Hair Salon
Workbook:
‘Colouring Hair’
TAFE NSW
Photocopying
only
Catering
All uses
Start date: 30 June 05
End date: 31 Dec 08
No
Whole institute
All uses
Start date: 15 Jan 08
End date: 14 Jan 08
Yes
eg. Eloise Madden
Catering
Sutherland
The Kitchen Co.
Print resources
on food
preparation
eg. Lucy Wells
Library
Ultimo
Australian Standards
Online
Ww2w.standard
s.com.au/online
www.sit.nsw.edu.au
Does the
permission
apply to all
Who does the
uses of the
permission apply work or only
to (eg. whole
certain uses
institute, part of
(please
it, whole
provide
jurisdiction)?
details)?
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Ambition in Action
Labelling
/ Why do we need it????
/ What is the purpose???
www.sit.nsw.edu.au
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Ambition in Action
Labelling TAFE materials
/ For example: © NSW Technical and Further Education
Commission (TAFE NSW - name of
Institute/Directorate/Unit) Year(s) of first publication
eg:
/ NSW Technical and Further Education Commission (TAFE
NSW - Sydney Institute) 2009; or
/ NSW Technical and Further Education Commission
(TAFE NSW - Industry Skills Unit, Ultimo) 2009
www.sit.nsw.edu.au
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Ambition in Action
Labelling: Examples
Copyright owned by TAFE
© NSW Technical and Further Education Commission
(TAFE NSW - Sydney Institute) 2009
www.sit.nsw.edu.au
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Ambition in Action
Labelling non-TAFE materials
/ If you have permission to reproduce and subsequently copy
and communicate the material, clearly describe this
permission next to the work or in the footer of each page.
/ This is to ensure that TAFE does not pay copyright royalties
to CAL to copy works which TAFE has already directly
licensed from the copyright owners.
www.sit.nsw.edu.au
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Ambition in Action
Labelling: Examples
Licence Obtained from Copyright Owner
www.sit.nsw.edu.au
Reproduced and made available for copying and
communication by TAFE NSW for its educational
purposes with the permission of Planet Publishing
Pty Ltd
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Ambition in Action
Labelling
/ Clip Art: For example: ‘Clip Art sourced from
Microsoft.’
/ AEShareNet
/ Creative Commons
Label in accordance with the terms of the
licence.
www.sit.nsw.edu.au
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Ambition in Action
What If I am Relying on the Part VB (Hardcopy
and Electronic) Statutory Licence Scheme)?
 Include enough information. e.g. author, title, publisher,
edition or date of publication and ISBN or ISSN.
 If you are copying from a website, you should include the
full URL address and date that you accessed the
website.
 You should always include the words ‘Copied Under
Part VB’.
www.sit.nsw.edu.au
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Ambition in Action
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
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Ambition in Action
Labelling: Examples
Copied Under VB (from the Internet)
Copied Under Part VB, F Migan,
www.animalfarm.com.au/photos/2007/htm,
accessed 10 May 2007
www.sit.nsw.edu.au
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Ambition in Action
Copyright Protection Measures
Law distinguishes between:
1. "Access Control Technological Protection Measures”
2. “Copy Technological Protection Measures"
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Copyright Protection Measures
/ The Copyright Act bans circumvention of
Access Control Technologies (ATPM)
/ No Ban on circumvention of Copy Control
Technologies (CTPM)
/ Can only circumvent ATPM to exercise
rights under Part VB Licence
www.sit.nsw.edu.au
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Ambition in Action
Content Management Systems
/ Examples: Moodles, Blackboard, E-Reserve
/ Teachers can copy and communicate material under the
statutory and voluntary licences within the limitations of
those licences.
/ If licences are directly obtained from the copyright owner,
ensure the licences permit copying and communication by
teachers.
/ If teachers want to adapt or manipulate material, they
generally need to obtain permission from the copyright
owner.
www.sit.nsw.edu.au
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Ambition in Action
Content Management Systems
CMS may allow you to copy and store the following works:

films and music

television and radio broadcasts

print works, such as photos, maps and newspaper
articles

podcasts
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Content Management Systems: Teachers
Using the CMS
/ Teachers can copy and communicate material under the
statutory and voluntary licences within the limitations of
those licences
/ If schools or TAFEs negotiate licences directly with
copyright owners, they need to ensure the licences permit
copying and communication by teachers
/ If teachers want to adapt or manipulate material, they
generally need to obtain permission from the copyright
owner
www.sit.nsw.edu.au
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Ambition in Action
Content Management Systems: Students
Using the CMS
/ The statutory licences do not permit students
to copy and communicate material.
/ Students wanting to copy and communicate
material need to rely on fair dealing provisions
or on direct licences with copyright owners
/ We recommend including terms of use
policies and warning notices advising students
of how they are permitted to use the CMS
www.sit.nsw.edu.au
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Ambition in Action
Content Management Systems
Practical Tips:
/ Use material from websites and other resources
that allow for the free educational use of copyright
material
/ Link to websites instead of copying content from
the website into a CMS
/ Review the content stored on the CMS regularly to
avoid paying for the content again after a 12 month
period
www.sit.nsw.edu.au
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Ambition in Action
Using Music in TAFE
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Using Music in TAFE
/ There is no sector-wide agreement between
TAFE and the music collecting societies
/ That means that it is up to individual TAFE
institutes to negotiate the music licences that
they need
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Using Music in TAFE
TAFE can use music in some limited ways
without the need for a licence
/
/
/
Playing music in class for the purposes of
educational instruction
Where the use falls within the scope of the
flexible fair dealing exception (s200AB)
Copying and communication of music from the
radio or television for educational purposes
under the Part VA licence
www.sit.nsw.edu.au
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Ambition in Action
Using Music in TAFE
TAFE institutes need to get permission to:
 Perform musical works at TAFE functions
 Play background music in TAFE workplaces,
restaurants and bars
 Digitise music CDs (where the music is commercially
available in a digital version or where the use does not
fall within the scope of the flexible dealing exception)
and upload to TAFE intranet
 Synchronise musical recordings to student films that
will be publicly available (eg on the Internet, submitted
to film competitions)
www.sit.nsw.edu.au
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Ambition in Action
Using Music in TAFE
If you are not sure if you need permission to use
music in the way you intend, contact your
state/territory copyright manager.
To obtain a licence from the music collecting
societies contact:
APRA/AMCOS (representing songwriters and music
publishers): www.apra.com.au
ARIA (representing record companies):
www.aria.com.au
www.sit.nsw.edu.au
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Ambition in Action
Managing Copyright
a. Criticism or
Review
b. Research or
Study
c. Parody or
Satire
Education
Material
2. Free For
5.
Fair
Dealing
www.sit.nsw.edu.au
b. Copying by Hand
(s.200)
Education
Uses
c
4. Licences
for all TAFE
institutes
a. Licence to use Text &
Artistic Works (CAL)
a. Exam Provisions
(s.200)
1. Free for
c. Performance &
Communication in
class (s.28)
3.
d. Flexible Dealing
(s.200AB)
Direct
Licences
b. Licence to Copy & Communicate Television
and Radio Broadcasts (Screenrights)
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Ambition in Action
Managing Copyright
/ Think about copyright cost and compliance
/ Develop and promote Smart Copying
practices such as using free for education
material
/ Just because technology lets you do it,
doesn’t mean that it is okay
/ Don’t allow pirated products to be played
www.sit.nsw.edu.au
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Ambition in Action
Managing Copyright
/ Be aware of the limitations on format
shifting
/ Keep a record of the permissions that
you have
/ Make sure staff know where to go if they
have copyright queries
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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Ambition in Action
Where Do I Get More Information?
/ www.smartcopying.edu.au
/ Elizabeth Markwick 02 9561 8121
/ Elizabeth.Markwick@det.nsw.edu.au
Clip Art sourced from Microsoft.’
www.sit.nsw.edu.au
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