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Education Licence B: Statutory Text and Artistic Licence

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Statutory Text and Artistic Licence for Educational Copying of Literary, Dramatic, Musical and Artistic Works

The Copyright Act 1968 (Copyright Act) had been recently amended to incorporate the provisions of the Copyright Amendment (Disability and other Measures) Act 2017.  This amending legislation repeals the Statutory Broadcast Licence (Part VA) and Statutory Text and Artistic Licence (Part VB) removing the copying limits and record keeping requirements, and replacing them with a new Section 113P.  These amendments simplify the operation of the educational statutory licences and provide more flexibility for educational institutions and collecting societies to negotiate agreed terms.  At this stage, we advise schools and TAFEs to continue to apply the existing copying limits, and to note the recommended labelling requirements of the Statutory Text and Artistic Licence until new copying limits or other requirements are agreed by  Schools/TAFEs and Copyright Agency. Updates will be provided in due course.

Introduction

The Statutory Text and Artistic Licence  set out  in s113P of the Copyright Act allows schools and TAFE institutes to make multiple copies of literarydramaticmusical and artistic works for educational purposes. The relevant governing body of the school or TAFE, (eg the relevant state Department of Education, Catholic Diocese , independent school TAFE Institute) pays the Licence fee on behalf of their sector to the Copyright Agency Limited (CA) which is the collecting society that administers the Statutory Text and Artistic Licence.

 All government schools and most non-government schools and TAFE institutes are covered by the Statutory Text and Artistic Licence.

See 1.11: Statutory and Voluntary Licences for further information on Collecting Societies

What does the Statutory Text and Artistic Licence cover?

 The licence allows schools and TAFE institutes to copy and communicate text and artistic works in both hard copy and electronic form.

‘Text material’ includes literary, dramatic and musical works, and ‘artistic works’ include paintings, photos, drawings, even moulds or casts for sculptures.  For information about how the copyright law characterises different types of material, please see the Smartcopying website at: www.smartcopying.edu.au/copyright-guidelines/copyright---a-general-overview/1-3-what-is-protected-(types-of-works)

Note musical works in this context is sheet music. Most schools rely on the AMCOS Licence rather than the statutory Text and Artistic Licence to copy sheet Music see link (http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-d-amcos-licence)  

There are rules about how much of a text or artistic work a school/TAFE can copy and how it can be communicated.

What is not covered by the Statutory Text and Artistic Licence?

The Statutory licence does not cover:


What is a copy? 

A copy for the purpose of the Statutory Text and Artistic Licence is a reproduction of a literary, dramatic, musical or artistic works and includes printing, photocopying, scanning, downloading/saving a copy to a personal computer or device or personal cloud space and saving a copy in a digital format.

What is a communication?

A communication under  of the Statutory Text and Artistic licence  involves making copyright material available online or electronically transmitting copyright material.

'Making material available online' can include uploading material to a digital space for student access and use via password protected access such as:

  • a shared drive/intranet (eg Microsoft 365); or
  • content or learning management systems (eg Moodle, Blackboard, Brightspace or Equella); or
  • to a closed class area on an education platform (eg Edmodo, Verso, Google Classroom or iTunes U).

 'Electronic transmission' includes emailing, streaming or using an electronic reticulation system to share material (eg, libraries might have an electronic delivery system to transmit material centrally).

A communication does not include:

  • Displaying a website live in class for students to read
  • Bookmarking and sharing links to online articles or resources
  • Emailing links to online articles and resources

These activities are not copyright activities and do not require a licence or permission.


Copying and communication must be for educational purposes

The Statutory Text and Artistic Licence allows educational institutions to copy for the educational purposes of the institution. Educational purpose includes copies and communications of works made for:

  • teaching purposes;
  • used as part of a course of study;
  • retained for library use as a teaching resource.


Copying Rules under the Statutory Text and Artistic Licence

There are agreed rules about how much of a text or artistic work an educational institute can copy, and how it can be communicated under the Statutory Text and Artistic Licence. Different rules apply depending on whether you are copying material from a hard copy (book newspaper or magazine) or an electronic copy (website, CD Rom or e-book) 

Copying Text Works

Under the statutory licence a reasonable portion of a work can be copied for educational purposes.

The tables below set out the most common types of works copied and what is considered to be a reasonable portion in each circumstance.

Copying Artistic Works

Under the statutory licence an entire artistic work can be copied in certain circumstances. The tables below provide more information on what can be copied and when.

The Hard Copying Rules

The hard copying rules apply to material in printed form (eg books, printed newspapers, magazines, journals or periodicals).

 

Hard Copy Work

Amount That Can be Copied

Books

10% of the pages or 1 chapter

Newspapers, magazines, journal

1 article in a journal, more than 1 if on the same subject matter

Anthologies

15 pages e.g one short story

Ebooks

10% of the pages or 1 chapter

Artistic Works (photographs, cartoons, diagrams and drawings) with accompanying text

The whole of the artistic work

Artistic Works with no accompanying text (eg a slide, photograph of a painting)

The whole of the work if it has not been separately published or if published if it is not available within 30 days at an ordinary commercial price

Technical manuals

10% of the pages or 1 chapter

Plays, screenplays

10% of the pages

Sheet music

10% of the pages


Electronic Copying Rules (The EUS)

The electronic copying rules apply to text and artistic works material in electronic form (eg on-line newspapers, e-books, CD-Roms and web pages) and is referred to as the EUS (Electronic Use Scheme).

Electronic Work

Amount That Can be Copied

CD-Roms

10% of the words

Website

10% of the words

Online-publications (e-zines, on-line newspapers)

1 article per day or per edition, two or more may be copied if on the same subject matter.

Artistic Works (digital photographs, cartoons, diagrams and drawings)

The whole of the artistic work

Digital Anthology

If paginated and more than 200 pages, one work of up to 15 pages. Otherwise, no more than 10 per cent of the words of the anthology.

Other print material on the internet (screen plays, plays)

10% of the words

Electronic versions of sheet music

10% of the words or 1 chapter


Insubstantial copying

Schools/TAFE institutes are allowed to copy an insubstantial part of a text work.

 For hard copy works, an insubstantial part is:

  • less than the whole work where the work is 2 or fewer pages
  • up to 2 pages where the work is between 2 and 200 pages
  • more than 2 pages but not more than 1% of the total number of pages where the work exceeds 200 pages.

For Electronic Works an insubstantial part is:

  • for paginated works of more than 200 pages, up to two pages
  • for non-paginated works, up to 1% of the total number of words in the work.

 Note: any insubstantial copying from text works in electronic form must be consecutive (eg pages 2 and 3, or paragraphs 1 to 3 of a web page).

 There is no requirement to pay for copying of an insubstantial part, or to keep records of this type of copying. However, schools/TAFE institutes are not allowed to copy another insubstantial part of the same work within 14 days of making the same copy.

 Copying a whole work

Schools/TAFE institutes can copy a whole work eg a text book, a teacher’s resource or a student activity book if:

 As a general guide it is recommended that a ‘reasonable time’ is six months for textbooks and thirty days for other material

Copying a whole work on the Internet

Schools/TAFE institutes can copy a whole work on the Internet if it has not been separately published and is not available within a reasonable time at an ordinary commercial price.

Internet Print World Analogy Table

Agreed copying limits for the Statutory Text and Artistic Licence set different limits depending on whether the source material is an article in a periodical publication, an anthology or some other general type of work (eg a book). A table has been prepared which outlines how these categories apply to some common internet publications it can be found by here - Internet Print World Analogy Table

Access in Digital Teaching Environment

A digital teaching environment (DTE) is an online environment with features that enable students and teachers to store and engage with course content, manage course work, and explore material.  Examples used in TAFE include:

  • learning management systems (such as Moodle, Blackboard, BrightDTE, SIMON, Schoology, Schoolbox, or Infrastructure Canvas);
  • learning content management systems (such as EQUELLA);
  • closed class areas on an education platform (Edmodo, Verso, Google Classroom or iTunesU);
  • password protected wikis;
  • portals;
  • interactive whiteboard galleries and media libraries; and
  • password protected share drives.

Teachers may copy and communicate literary, dramatic, musical works and artistic works into a DTE –subject to:

  • copying limits ( see above ); and
  • restricting access to teachers and student.

Restricting access to teachers and students


Access to material copied and communicated under the Statutory Text and Artistic Licence must be restricted (eg by use of a password) to teachers and students. You must ensure that the material is not able to be accessed by the general public. It is, however, permissible to allow parents to have access to enable them to assist students with homework etc. Access to these resources should be limited to the minimum required number of students and staff. 


Uploading images and text onto a digital teaching environment (DTE)

Images and text copied under the Statutory Text and Artistic Licence can only be uploaded onto password protected DTE’s.  Access to these resources should be limited to the minimum required number of students and staff.  That is, where possible, limit access to the material to those students who need to view the material for classroom and/or homework exercises, and to delete or archive the material once it is no longer needed. 


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