Books
You can copy 10% of the number of pages or one chapter (if the work is divided into chapters), whichever is the greater, from a hardcopy published edition.
From an electronic published edition, you can copy 10% of the number of words or one chapter (whichever is the greater). In the case of electronic books, the format must include stable pagination, e.g., a PDF, otherwise, 10% is taken to be the number of words, not pages. Electronic copies must have a copyright notice displayed immediately before or at the same time as the texts.
Online resources subscribed to by the Library, such as e-books and journals, may impose their own limitations on how the resource can be copied and shared for teaching purposes. These limitations override the Statutory Education Licence.
A work from an anthology (e.g., a conference paper) may be copied providing that it is less than 15 pages. Multiple works from the same anthology can be copied and communicated so long as the above guidelines are adhered to and the multiple portions do not add up to over 10% of the entire anthology.
You can copy and communicate an entire published edition if it is in the public domain (when copyright in a work has expired, it is often referred to as being “in the public domain” or “out of copyright.”). For example, a new edition of a work such as Wealth of Nations by Adam Smith (1776). Translations or annotated works are considered new works rather than out of copyright.
Periodical Publications (journals, newspapers, magazines, etc)
You can copy or communicate one article from any issue of a periodical publication. More than one article can be copied or communicated from a single issue if the articles relate to the same subject matter.
Illustrations, images, diagrams contained in a work
You can copy or communicate artistic works together with the text they explain or illustrate. For example, you can copy a diagram together with the journal article text it accompanies (this is called incidental copying).
Out of print works
You can copy or communicate the whole of an out of print work if it is unavailable within a reasonable time at an ordinary commercial price.
Quotes and short extracts
You can use an insubstantial portion (a few lines or sentences) such as a quote, from a book or a journal, which is acknowledged. If the portion of the copyrighted material is regarded as distinct, important or essential to the whole work, it will be considered substantial. Whether or not permission is required to use it will depend on the circumstances of each case. The quantity of the copyright material used is not as important as the quality. Even if only a small proportion of the copyright material is used it may still be regarded as substantial. The insubstantial portion rule does not apply to artistic works.
Online Databases
Electronic resources that the library subscribes to such as ProQuest should be accessed from a direct link. Copyright conditions are governed by an agreement between the library and the provider. In general, teachers are not allowed to make multiple copies or upload to a Learning Management System.
Websites
Just because something is made freely available online does not mean that it is not protected by copyright.
Where possible teachers should provide links to websites, rather than download or copy and paste website content. However, be careful not to link to an infringing website (e.g., file-sharing or peer-to-peer sites, where materials been shared without the copyright owners' permission).
Before copying material from any online source, check the site for a statement which defines how material on the site may be used. If the site contains no permitted use statement or only contains a basic copyright statement, then you may copy 10% of the words from the website under the Statutory Education Licence. If it's not possible to determine 10% of the words, ensure that you only use what you need for educational purposes.
If you intend to share what you've copied with students, either through the learning management system or via email, you must attach a copyright warning notice to the copied text so that it is visible before it is accessed. The source website and author should be acknowledged, and access must be restricted to APIC staff and students only.
Online videos
Material accessed online via YouTube or other social media is also governed by copyright laws. When using text, images or audio-visual material from media such as YouTube always check the terms of use before downloading or sharing. If you want to use images, music or any other media sources in videos that you upload to sites such as YouTube, you must either own the copyright or use sources that are copyright free or openly licensed. If you do use third-party content in your video, ensure you provide a full citation to the original source.
It is often preferable to give your students a link to an online video. However, you should avoid linking to or embedding videos where you suspect the material infringes copyright (e.g., a video that was not created by the person who uploaded it to YouTube). To avoid using the infringing portion of the video, you can edit out the part of the recording that contains the YouTube footage.
TV and Radio
The Statutory Education Licence allows teachers to record from radio and TV for educational purposes, and to copy and communicate these recordings. The audio-visual material must be sourced from a free-to-air. It does not apply to purchased, rented or borrowed DVDs or videos, streaming platforms or a digital download or podcast unless it is a program that has been shown as a free-to-air broadcast and has been made available online by the official broadcaster (e.g., on the ABC website). The material should be available for download. If it is only available in the streaming mode it could be infringing copyright. A copyright warning notice needs to be displayed in such a way that the viewer cannot avoid seeing the notice every time they access the material.
The copied work can be used during lectures or embedded in PowerPoint presentations, in course units, or sent to students via email, USB or other portable storage devices. There are no limits on the type of material that can be copied from television and radio under the Statutory Education Licence (i.e., advertising, documentaries, series, movies, etc.) and you can copy all or part of the material. You are also entitled to make as many duplicate copies as needed of any work you are copying. Physical copies need to be labelled with the date the program was originally transmitted and the date the copy was made. The original source also needs to be cited.
Outside of the Statutory Education Licence teachers are allowed to play purchased audio-visual material in class, e.g., DVDs, as long as it is in the course of educational instruction and that all teachers and students in the class are connected to ECA.
The Statutory Licence does not cover material from video-on-demand and catch-up services such as Foxtel, Stan, and Netflix. Material from these services cannot be played in class or shared through the learning management system unless the educational institution has a subscription.
Recording Lectures
The recording of lectures that contains copyright material is subject to the same conditions as if you were uploading content to the Learning Management System. Copyright material needs to be limited to a reasonable portion and acknowledged with an accurate citation. Access to the recorded material needs to be restricted to APIC staff and students. Lecturers are advised to remove any unauthorised copyright material from the recording or pause the recording while this material is playing.
Exams
The Copyright Act allows copyright material to be included in exam papers for the purpose of asking or answering questions. There is no restriction on the amount of the work that can be included, either an excerpt or the work in full.
This provision applies to all types of exams: sit-down, online and take-home exams. It covers the formal end of year or semester examinations and tests given throughout the semester.
However, this provision only allows for the copyrighted material to be included for the purposes of the actual exam. If the exam is being made available to students in print or online as either a practice exam or study aid, the provision no longer applies.
Student Work
Student’s own the copyright to their own work. Obtain the student’s permission in writing before copying, publishing or communicating their work.
Images
Images (also referred to as artistic works) may be a photo, drawing, graph, table, or figure and is a separate copyright work.
In general, you can copy an image from a hard copy publication (e.g., from a book) if it is not separately published. If the image is separately published, you may still copy it if, after reasonable investigation, the image cannot be obtained within a reasonable time at an ordinary commercial price.
Images from online or electronic sources may be copied if they are freely available. In most cases, however, such images are subject to licence or contractual agreement (e.g., terms of use). Teachers are required to abide by the terms of existing licences or contractual terms.
Whether copying and communicating artistic works from hardcopy or online sources teachers, under the Moral Rights law, are obliged to acknowledge the author or creator of a work. The style of citation may vary, but teachers should include as much information as possible. If it is available, include:
The attribution must be clear and reasonably prominent. Moral rights last the same length of time as copyright. They are a personal right of the creator and cannot be transferred, although the creator can choose to waive them.
There are also alternate methods to locate images. Sites like Creative Commons Openverse, Public Domain Image Archive and Flickr Commons provide access to open licenced content. Where images are used under alternative licencing arrangements teachers should not rely on the Statutory Education Licence discussed above. Instead, you must abide by the terms of that individual licence.
There are exceptions in the Copyright Act that allows images to be reproduced as part of a question or answer in an examination. Handwritten copies of images (such as copying a diagram onto a whiteboard) are permitted in the course of educational instruction.