Copyright: For Teachers

COVID-19 and the move to online learning has had a big impact on Australian schools. To provide clarity for teachers the National Copyright Unit (NCU) has published the following information on their SmartCopy web site.

See also:

Copyright, Creative Commons and Public Domain are a few terms you will need to understand as each comes with different legal obligations. Often, but not always, you will see a icon that indicates what type of licence is being used. This lets you know what you can and can't do.

Use the following SmartCopying resources to gain a basic information of Copyright in Australia, as well as information about what you can and can't do. This information comes from the National Copyright Guidelines. For more information see also the Australian Copyright Council eBooks located under the Bookshelf section of this guide.

3.2 Performing and communicating copyright material in class

The main exception for teachers and lecturers enables them to perform and communicate copyright material in class without the need for permission if:

• it is in the course of educational instruction which is not given for profit; and
• all the people in the audience are giving or receiving instruction, or are directly connected with the place where the instruction is given.

Common examples

Some examples of the application of this exception include:

• reading out a textbook in class;
• performing a song in class using sheet music;
• performing a dramatic work in class;
• showing students an image of an artwork online;
• screening a DVD in class;
• streaming a YouTube video in class;
• streaming Spotify in class;
• streaming catch-up TV in class; and
• listening to digital radio in class.

Where it won’t apply

It’s important to note that this exception will not apply in situations where:

• the material is not being used for educational purposes; or
• the educational instruction is given for profit; or
• the audience is not limited to persons who are taking part in the instruction or otherwise directly connected with the place where the instruction is given.

Source: Webster, N., & Australian Copyright Council. (2017, p.11.). '3.2 Performing and communicating copyright material in class' in Copyright in the Classroom : A Practical Guide. Strawberry Hills, NSW, Australia: Australian Copyright Council. https://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=1581228&site=ehost-live&scope=site&authtype=ip,sso&custid=mggsvic&ebv=EB&ppid=pp_11

5.6 Streaming Netflix, Spotify, YouTube and podcasts

"Streaming Netflix, Spotify, YouTube and podcasts in classIn some situations, educational institutions can rely on an exception that allows them to stream television, films, sound recordings and other content in class for educational purposes without needing any further permission if certain conditions are met. See Part 3.2. of Copyright in the Classroom : A Practical Guide.

In other situations, educational institutions that are covered by the statutory licence may copy and communicate material that was broadcast on free-to-air TV or radio and then made available online by the Australian broadcasters. In some situations, streaming, downloading or otherwise using copyright material will be subject to terms and conditions that may limit your ability to rely on an exception or licence. We note that National Copyright Unit (NCU) advises differently on this issue, and state that whether terms of use override the provisions in the Copyright Act is a grey area. NCU encourages teachers working in schools and TAFEs to contact their local Copyright Advisory Group (CAG) representative. See www.smartcopying.edu.au."

Source: Webster, N., & Australian Copyright Council. (2017, p.17.). '5.6 Streaming Netflix, Spotify, YouTube and podcasts' in Copyright in the Classroom : A Practical Guide. Strawberry Hills, NSW, Australia: Australian Copyright Council. https://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=1581228&site=ehost-live&scope=site&authtype=ip,sso&custid=mggsvic&ebv=EB&ppid=pp_27