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This information sheet is for TAFE staff who create or compile resources for students for students and for TAFE resource development units. It is important to properly label all print course material published by and for TAFE. This will include workbooks and handouts, as well as photographs, diagrams or charts that are incorporated into other resources.
The purpose of labelling is to assist with the distribution of copyright royalties under the statutory licence scheme, and to ensure that TAFE do not pay to copy material that it owns or has permission to use.
If you publish print material that is owned by TAFE, you must label the material in the footer of each page with the copyright symbol, name of institute or organisation and year of publication.
For example: © TAFE NSW 2007
Also see examples 1 and 2 in Attachment C. Why Do We Need to Label Our Material?
Material created by TAFE is a valuable asset, and it is important to properly identify it. It is also essential to clearly label TAFE owned material so that TAFE does not pay copyright royalties to the Copyright Agency Limited (CAL) to copy its own material. Every year, TAFE pays CAL significant amounts of copyright royalties, and it is possible that a some of these royalities are for copying of material owned by TAFE.
How Do We Know if the Material is Owned by TAFE?
TAFE owns copyright in all material created by TAFE employees as part of their duties. TAFE also owns copyright in material created by someone else, where that person or organisation has agreed in writing to assign copyright in material they create to the TAFE. For example, a company engaged to write a module on refrigeration, might have been required to assign copyright in the module to TAFE as part of its contract of engagement.
Why Can’t We Just Include the Name of the Author?
The author is often different from the copyright owner, and, irrespective of whether you include the name of the author, it is important to include the copyright information set out above so that CAL knows that copyright in the material is owned by the TAFE and should not be counted in the survey.
If you publish print material owned by someone else, such as independent contractors, commercial publishers, government bodies or students, you should always clearly indicate the source of the material in the footer of each page.
When you incorporate works, such as illustrations, photographs or charts, which are owned by someone else, into a resource, you should include the copyright information next to the actual work. Examples of how to label different types of material are included in Attachment C.
What if I Have Permission from the Copyright Owner to Reproduce the Material?
There are two parts to the permission you should obtain. The permission should allow the TAFE to:
You should check with the copyright owner how they would like to be attributed. If you only have permission to reproduce the material in a particular resource, and the permission does not allow the material to be subsequently copied, clearly describe this permission next to the work or in the footer of each page.
For example: ‘Extract from Refrigeration Guide, Bennet J, pp 65-69. Reproduced with the permission of Arrow Publications (for use in this publication only)'
If you have permission to use the material and subsequently copy and communicate the material, clearly describe this permission next to the work or in the footer of each page. This is to ensure that TAFE does not pay copyright royalties to CAL to copy works which TAFE has already directly licensed from the copyright owners.
For example: ‘Reproduced and made available for copying and communication by [INSERT NAME OF TAFE INSTITUTE OR BODY] for its educational purposes with the permission of Pearson Education Australia’.
Also see examples in Attachment C. What if I am using Clip Art?
If you are using Clip Art, always check the terms and conditions of use. Clip Art is generally free to use. It is often not practical to label each individual image, so include the notice in the footer of the page on which the images appear.
For example: ‘Clip Art sourced from Microsoft’.
Material that can be used for free, such as material made available under an AEShareNet or Creative Commons licence, should be labelled in accordance with the terms of the licence. TAFE institutes commonly use Commonwealth endorsed Training Packages, which are licensed under an AEShareNet licence and can be used for free. If you are incorporating extracts from Training Packages in your own resources, you should clearly label the extracts.
For example: ‘All Training Package material is licensed under an AEShareNet Free for Education licence.'
For more information on Creative Commons, see information sheet "Creative Commons Resources for Schools".
What If I am Relying on the Part VB (Hardcopy and Electronic) Statutory Licence Scheme)?
It is important that, where possible, you include enough information to enable CAL to identify the copyright owner. These details may include the name of the author, title, publisher, edition or date of publication and ISBN or ISSN.
If you are copying from websites, you should include the full URL address and date that you accessed the website. If you are using artwork from a search engine, such as Google Images, double-click on the image to find the correct URL address.
You should always include the words ‘Copied Under Part VB’.
For example: ‘Copied Under Part VB, Edgar, S, A Handbook for Health and Safety in Childcare Centres, Bristol Press, Castle Hill, NSW 2002, ISBN 0456315634, pp 62-71’. ‘Copied Under Part VB, www.abc.net.au/science/news/stories/2007/1892736.htm, accessed 15 May 2007’
See also examples 6 and 7 in Attachment C.
If you are communicating the work in an electronic form, such as by email or by making it available on an intranet, it must include the prescribed Part VB notice, which is attached as Attachment A. If you are presenting a PowerPoint that includes a number of works copied under Part VB, it is sufficient to include an introductory or closing slide with the requisite Part VB information.
A flowchart, setting out how material should be labelled, is attached as Attachment B. Labelling examples are attached as Attachment C. If you would like more information on labelling material or other copyright issues contact your local copyright manager.
Attachment A
Notice Required When Communicating Part VB Material
COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of [INSERT NAME OF TAFE INSTITUTE OR BODY] pursuant to Part VB of the Copyright Act 1968 ( the Act ).
The material in this communication may be subject to copyright under the 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.
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