Teachers can use other people’s material under special provisions in the Australian Copyright Act 1968 (‘Copyright Act’). In order to rely on these provisions and comply with the Copyright Act, teachers must meet certain legal requirements. Teachers should also take into consideration copyright licence costs.
This document contains some Smartcopying tips to actively help manage copyright costs and assist teachers in complying with copyright when using content repositories.
A content repository is a digital space where content can be stored, accessed and shared amongst a group of people. Examples of content repositories used in schools include learning management systems, cloud computing, intranets, portals, interactive whiteboard galleries, wikis, blogs and media libraries.
In particular, teachers are encouraged to use material they have created, material created by their department/administering body or Free for Education material when copying and communicating content on a content repository.
It is important to note that none of the special provisions in the Copyright Act will apply where the material is not an authorised copy, ie where it is a pirated copy. The Internet does contain a lot of pirated material and it can be difficult to determine whether material available on the Internet is legitimate. One good way of working out whether material is pirated is to consider who has uploaded the material and on to which website it has been uploaded onto.
When do copyright restrictions not apply?
There are four instances where teachers do not need to rely on special provisions in the Copyright Act to use other people's material:
Using Material Created by You or Your Department/Administering Body
Permission from the Copyright Owner
Using Free for Education Material and Open Education Resources
When do copyright restrictions apply?
In all other instances, teachers need to rely on special provisions in the Copyright Act to use other people's material. This part of the manual discusses how these provisions apply to different types of material:
Artistic Works (eg photographs, illustrations)
Text Works (eg articles, books, song lyrics)
Radio and Television Programs
Films Copied from Online, VHS or DVD
Sound Recordings Copied from Vinyl, Cassettes and CDs
Digital Sound Recordings (iTunes and other digital music stores)