1. National Educational Access Licence for Schools (NEALS) NEALS Implementation Kit

2. 2 What is NEALS? NEALS (National Educational Access Licence for schools) –Agreement between DEST, state & territory education departments, Catholic and independent sectors –Allows schools and educational bodies (education Departments, associations and dioceses) to copy & communicate material for educational use free of charge from each other’s websites and publications

3. 3 Increase in Print Copying Costs (Qld & NSW) 1999-2004 Percentage increase from 1998 – 2004: QLD – 294% NSW – 258%

4. 4 What is the Purpose of NEALS? Objective - to reduce copyright fees paid by schools under Part VB of the Copyright Act In 2006 Australian schools paid the Copyright Agency Ltd (CAL) $51.8 million of copyright royalties

5. 5 NEALS – What Schools and Educational Bodies Can Do Use each others material for educational purposes Without payment Or copying limits imposed by Part VB statutory licence

6. 6 What Does NEALS Cover? Applies to print and digital material published by schools and educational bodies eg websites, bulletins etc. Does not apply to films or sound recordings such as CDs or MP3 files. Covers materials such as non-commercial curriculum materials, administration documents and policy materials

7. 7 Not an Access Agreement Despite its name Not an “access” agreement Materials not currently available to other jurisdictions such as: –confidential documents –strategic reports –material involving (child) privacy issues –valuable commercial materials that must be purchased May not be accessed, copied or communicated under NEALS

8. 8 What does NEALS Cover? All material published by member schools, education departments, associations and dioceses (educational bodies) for educational purposes automatically covered by NEALS unless expressly excluded Excluded materials must be labelled ‘Not Part of NEALS’ and added to Register of Excluded Works.

9. 9 The Spirit of NEALS The Success of NEALS – measured by the long term reduction of school fees to CAL (Copyright Agency Ltd) to copy & communicate copyright materials under Part VB Statutory Licence relies on the good faith of the jurisdictions & a proportionately equal contribution to the pool of materials made available free of charge to each other.

10. 10 What Does NEALS Cover? Q: Does NEALS mean that other educational bodies and schools will have access to our confidential information? A: No. NEALS does not apply to confidential information. It applies to educational material that is publicly available.

11. 11 What Does NEALS Cover? Q: Will NEALS allow my school or educational body to copy material, which has been made available under NEALS by another school or educational body, for commercial purposes? A: No. If you intend to use the material for commercial purposes you should obtain permission from the other school or educational body and pay an appropriate licence fee.

12. 12 What Does NEALS Cover? Q: Does NEALS apply to all States, Territories and school sectors? A:All States and Territories (except Victoria), DEST, CEC NSW, WA, QLD & AIS Tasmania have signed NEALS.

13. 13 What Does NEALS Cover? Q: Can you make materials available under NEALS if you plan to sell them? A:Yes, however the school or educational body should be aware that schools can then purchase one copy and make as many additional copies as they require without further payment to the educational body concerned.

14. 14 Material Produced by Commercial Publishers Q: Can a school or educational body include a resource under NEALS which has been written around a text published by a commercial publisher? A: Only if the terms of the contact with the commercial publisher allow it. If the contract is not broad enough to allow the school or educational body to include the material under NEALS it should try and obtain permission from the publisher to do so.

15. 15 What Is Excluded from NEALS? Each educational body will develop its own internal guidelines about what to exclude under NEALS Generally, only materials of significant commercial or strategic value should be excluded

16. 16 An educational body can only make material, which has been created by someone who is not an employee of the educational body, available under NEALS if: it owns copyright in the material; or it has obtained permission from the copyright owner to make it available under NEALS Publishing Material Created by Someone Else

17. 17 Publishing Material Created by Someone Else The educational body owns copyright in the material if the creator has assigned copyright to the educational body in a written contract If the educational body doesn’t own copyright, it must obtain permission from the copyright owner to use the material and make it available under NEALS

18. 18 Publishing Material Created by Someone Else The Educational Body / School can use for its own purposes and make available under NEALS The creator has assigned copyright to the Educational Body / School

19. 19 Publishing Material Created by Someone Else Has the copyright owner given the Educational Body/School permission to make the material available under NEALS? Request permission to extend existing permission to cover NEALS Is permission granted? The Educational Body/ School can only use the material within the limits of the permission (not available for NEALS) The Educational Body/ School can use for its own purposes and make available under NEALS Yes No Keep a record of all permissions requests and responses Where the copyright owner has given the Educational Body / school permission to copy and communicate the material:

20. 20 Publishing Material Created by Someone Else If you don’t have permission from the copyright owner to use their material, you may be able to copy and communicate limited amounts under the Part VB statutory licence. This material cannot be made available under NEALS You should label it ‘Copied Under Part VB’

21. 21 Where the copyright owner hasn’t given the Educational Body/ School permission to copy and communicate the material: Publishing Material Created by Someone Else Request permission for the Educational Body/ School to copy and communicate the material for its own purposes and to make it available under NEALS Is permission granted? The Educational Body/ School can only use the material within the limits of the permission (not available for NEALS) The Educational Body/ School can use for its own purposes and make available under NEALS Yes No Is permission granted for the Educational Body/ School to copy and communicate the material for its own purposes? Keep a record of all permissions requests and responses Yes No The Educational Body/ School can only use within limits of the Part VB statutory licence (not available for NEALS)

22. 22 Publishing Material Produced under a Funding Agreement Where the educational body has produced material under a funding agreement, its rights to the material will be generally be set out in the funding agreement

23. 23 Publishing Material Produced Under a DEST Funding Agreement If the material is produced under a DEST funding agreement: (i)prior to 2005, DEST generally owns copyright in the material; (ii)after 2005, the funding recipient generally owns copyright in the material. In either case, the material may be made available by the funding recipient under NEALS as DEST’s policy is to make all published material available under NEALS.

24. 24 Publishing Material Produced Under a DEST Funding Agreement The Educational Body / School can use for its own purposes and make available under NEALS The material was produced under a DEST funding agreement

25. 25 Publishing Jointly Developed Resources Q:If you are developing resources jointly with other educational bodies, government bodies or private organisations, what IP issues should you consider? A:-Who will own copyright in the resource? -What rights will each resource developer have? -Can the materials be made available under NEALS?

26. 26 Labelling Material Under NEALS All material that is available under NEALS should be labelled with the NEALS logo. “Flags” to the Copyright Agency Limited (CAL) and the sample survey manager that any copying or communication of that material should not be counted in the school copyright survey

27. 27 Labelling Material Created by the Educational Body or School Is the material of significant commercial or strategic value? Label “Not Part of NEALS” and include on Register of Excluded Material NoYes Affix NEALS logo

28. 28 Labelling Material Created by Someone Else Once you know if, and how, you are permitted to use the material, you should label it with either: (i)the NEALS logo; (ii)‘Not Part of Neals’; or (iii)‘Copied Under Part VB’

29. 29 Labelling Material Created by Someone Else Is there a written agreement? Yes Grants permission to the Educational Body or School to use, but NOT to make available under NEALS Assigns copyright to the Educational Body or School Can only copy within limits of statutory licence (not available for NEALS) Grants permission to the Educational Body or School to use and to make available under NEALS Label “Copied under Part VB” Label “Not Part of NEALS” (and include material on Register of Excluded Material) Affix NEALS logo Label “Not Part of NEALS” (and include material on Register of Excluded Material) Is the material of significant commercial or strategic value? YesNo Affix NEALS logo

30. 30 Register of Excluded Material Each educational body should maintain a register of all material that they want to exclude from NEALS. The register of works excluded by all states and territories will be available at www.smartcopying.edu.au www.smartcopying.edu.au