Ambition in Action

Ambition in Action 2 Copyright Issues in TAFE Sydney Institute Elizabeth Markwick Manager Copyright

Ambition in Action 3 Copyright Issues in TAFE 1.Copyright Overview 2.Statutory Educational Licences 3.Free Use Exceptions 4.Using Free Resources 5.Getting Permission 6.Labelling 7.Copyright Protection Measures 8.Content Management Systems 9.Using Music in TAFE 10.Managing Copyright 11.Where Do I Get More Information?

Ambition in Action 4 WHAT is Copyright ? Intellectual property Copyright Circuit layouts Trade Marks Designs Patents Plant breeder’s rights

Ambition in Action 5 WHAT DOES COPYRIGHT PROTECT? /Literary works /Computer programs /Compilations (includes electronic databases) /Artistic work /Dramatic works /Musical works /Cinematograph films /Sound recordings /Broadcasts /Published editions

Ambition in Action 6 Copyright Overview / How long does copyright last? / Who owns copyright? / Moral rights-Copyright Amendment 2000

Ambition in Action 7 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.

Ambition in Action 8 Statutory Educational Licences Clip Art sourced from Microsoft.’

Ambition in Action 9 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.

Ambition in Action 10 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)

Ambition in Action 11 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.’

Ambition in Action 12 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

Ambition in Action 13 Statutory Educational Licences: Part VB If you are communicating the work in an electronic form, such as by 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.

Ambition in Action 14 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

Ambition in Action 15 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

Ambition in Action 16 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

Ambition in Action 17 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 - --/--/0- Date this copy made- --/--/-- Do not remove this notice

Ambition in Action 18 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.

Ambition in Action 19 Free Use Exceptions Clip Art sourced from Microsoft.’

Ambition in Action 20 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.’

Ambition in Action 21 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.

Ambition in Action 22 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

Ambition in Action 23 Free Use Exceptions: ss /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.’

Ambition in Action 24 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.

Ambition in Action 25 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

Ambition in Action 26 Free Use Exceptions: s200AB Am I using it for purposes of educational instruction? YES NO Is my use non- commercial? Is my use narrow in scope? Is it protected by an Access Technological Protection Measure? Will my use unreasonably prejudice the copyright owner? Does my use conflict with its normal exploitation? I can rely on S200AB YES NO Clip Art sourced from Microsoft.’

Ambition in Action 27 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

Ambition in Action 28 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

Ambition in Action 29 Still need to acknowledge the source No 10% Rule No Royalties Charged Free for Education Material Some material can be used for free for educational purposes Using Free Resources

Ambition in Action 30 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.’

Ambition in Action 31 Photo of Eiffel Tower taken from 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 Using Free Resources

Ambition in Action 32 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

Ambition in Action 33 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

Ambition in Action 34 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. Clip Art sourced from Microsoft.’

Ambition in Action 35 Getting Permission An example of a register of permissions: Register of Permissions Institute:Date: Staff member responsible for obtaining permission (if applicable) Department/ Work AreaCampus Name of Copyright Owner Details of Material Who does the permission apply to (eg. whole institute, part of it, whole jurisdiction)? Does the permission apply to all uses of the work or only certain uses (please provide details)? How long does the permission last (please provide start date, and, if applicable, end date)? Have you attached a copy of the permission? eg. James Brown Hairdressin gSt GeorgeEnergise Hair Salon Workbook: ‘Colouring Hair’TAFE NSW Photocopying only Start date: 2 Jan 07 No end dateYes eg. Eloise MaddenCateringSutherlandThe Kitchen Co. Print resources on food preparationCateringAll uses Start date: 30 June 05 End date: 31 Dec 08No eg. Lucy WellsLibraryUltimo Australian Standards Online Ww2w.standard s.com.au/onlineWhole instituteAll uses Start date: 15 Jan 08 End date: 14 Jan 08Yes

Ambition in Action 36 Labelling /Why do we need it???? /What is the purpose???

Ambition in Action 37 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

Ambition in Action 38 Labelling: Examples Copyright owned by TAFE © NSW Technical and Further Education Commission (TAFE NSW - Sydney Institute) 2009

Ambition in Action 39 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.

Ambition in Action 40 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

Ambition in Action 41 Labelling /Clip Art: For example: ‘Clip Art sourced from Microsoft.’ /AEShareNet /Creative Commons Label in accordance with the terms of the licence.

Ambition in Action 42 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’.

Ambition in Action 43 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 , p 65

Ambition in Action 44 Labelling: Examples Copied Under VB (from the Internet) Copied Under Part VB, F Migan, accessed 10 May 2007

Ambition in Action 45 Copyright Protection Measures Law distinguishes between: 1."Access Control Technological Protection Measures” 2.“Copy Technological Protection Measures" Clip Art sourced from Microsoft.’

Ambition in Action 46 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

Ambition in Action 47 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.

Ambition in Action 48 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.’

Ambition in Action 49 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

Ambition in Action 50 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

Ambition in Action 51 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

Ambition in Action 52 Using Music in TAFE Clip Art sourced from Microsoft.’

Ambition in Action 53 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.’

Ambition in Action 54 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

Ambition in Action 55 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)

Ambition in Action 56 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): ARIA (representing record companies):

Ambition in Action 57 a.Licence to use Text & Artistic Works (CAL) b.Licence to Copy & Communicate Television and Radio Broadcasts (Screenrights) c Managing Copyright a.Criticism or Review b.Research or Study c.Parody or Satire d.Flexible Dealing (s.200AB) b.Copying by Hand (s.200) c. Performance & Communication in class (s.28) a.Exam Provisions (s.200)

Ambition in Action 58 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

Ambition in Action 59 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.’

Ambition in Action 60 Where Do I Get More Information? / /Elizabeth Markwick Clip Art sourced from Microsoft.’