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Education Licence B: Statutory Text and Artistic Licence

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Labelling Copies made under the Statutory Text and Artistic Licence

Content that is made available to students under the Statutory Text and Artistic licence should - wherever possible - include a label containing sufficient information to enable Copyright Agency to identify the owner of copyright. For example: the name of the author, title, publisher, edition or date of publication, and ISBN or ISSN. (It’s not enough to include just the name of the author: the author is often different from the copyright owner.) If you are copying from a website, you should include the full URL. If you are copying broadcasts, include the name of the program, the channel it was copied from and the date the copy was made.

There is no longer any statutory obligation to include a notice stating that copyright material has been copied/communicated in reliance on the Statutory Text and Artistic Licence. It is recommended best practice to include the following notice where this is reasonably practicable. This is in order to limit the potential liability of the TAFE/School in the event that a student uses the content in a way that may infringe copyright:

[WARNING]

This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright 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

A copy of this notice is on the Smartcopying website at: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/section-113p-notice

  • A practical way of including this notice to electronic material is to insert a link to the notice from the attribution information. This would mean that the notice would have to be uploaded onto one spot on the repository and be linked to when required.

Copied under the statutory licence in s 113P of the Copyright Act

Media Watch’, ABC, 17 August 2009

[Link to warning notice]

  • Where it is not possible to include a link to the notice from the attribution information, the notice could be displayed (flashed) on the screen as the user logs into the password protected share drive or intranet or content or learning management system or cloud storage. If using this approach, you should modify the notice to make clear that it applies to only some of the material on the repository:

[WARNING]

Some of this material may have been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright 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.

A copy of this notice is on the Smartcopying website at: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/section-113p-notice

If you are presenting a PowerPoint that includes material copied under the Statutory Text and Artistic Licence, you could include an introductory or closing slide containing this notice.

Attribution

We recommend that you always label/attribute any material you copy under the Statutory Text and Artisitc Licence that is used in teaching materials for further information please see our attribution information sheets for schools (http://www.smartcopying.edu.au/information-sheets/schools/attribution-of-text-and-artistic-works-schools) and TAFEs (http://www.smartcopying.edu.au/information-sheets/tafe/attribution-of-text-and-artistic-works-tafe-2018)


Remuneration Notice

Educational institutions are required give CA a remuneration notice before they can rely on the Statutory Text and Artistic Licence.   All TAFE and School jurisdictions have provided CA with the required remuneration notice.


Sampling Surveys

Under the current agreements, Schools/TAFE institutes are required to take part in sampling surveys. This allows CA to set licence fees and calculate distribution rates for copyright owners. Under the sampling system, schools/TAFE institutes are not required to keep a record of their usage of copyright material unless they are included in a sampling survey. Schools/TAFE institutes included in a sampling survey are required to record all uses of copyright material over a certain period of time.

Schools have two separate sampling schemes – one for hardcopy (printing, scanning, photocopying) and one for electronic use (the EUS). Approximately 128 (even years) or 124 (odd years) schools take part in the hardcopy sampling survey each year and around 100 take part in the EUS. A school would usually take part in one of the surveys every eight years.

TAFE institutes are no longer surveyed every year; but are required to participate in a big copyright survey every three years which involves a combination of a Central Print Monitoring system and Learning Management System surveys and corridor photocopier surveys.  

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