Copyright for online teaching

Using images, resources and multimedia online

Before you include resources in your Moodle unit or in a podcast, there may be copyright considerations that need to be addressed.

Choose from the list below to find out more.

It's my own lecture
  • Copyright in your lecture will generally be owned by the University or by you as the presenter of the lecture.
  • No permission is needed to use a recording of your lecture. Of course, you should only podcast your presentation if you are happy for it to be made available to students in this way.
  • The material may be made available only to enrolled students, either distributed on a DVD or put in Moodle where access is via password. Broader distribution, such as via iTunesU is possible if the content does not include the copyright of others.
  • If you want students to appear in the presentation — for example responding to or asking questions — you should ask their permission. This could be a simple matter of letting the students know at the start of the class that the lecture is being recorded, so they can make a choice about participating.
  • NOTE: if the lecture includes material that is not yours, such as images or DVD content that you have played to the class, then there may be additional copyright considerations. See the appropriate category separately.
UNE content
  • Copyright in University generated content is owned by the University.
  • If the content you want to use is already on the UNE site, it's best just to link to it.
  • University copyright can usually be made available to enrolled students via podcast and online in Moodle. However, before using material produced by another section of the University, you should seek clearance from the author or section that created the content to cover your particular use.
  • The material should be accessible only to enrolled students, either distributed on a DVD or via Moodle.
A student assignment
  • Students' work, such as essays, musical compositions or performances and art works, should be used only with the express permission of the creator as copyright owner. The permission should be kept on file — preferably in TRIM — for future reference.
  • Make sure the permission includes the use you want to make of their work, and that you acknowledge the student as creator, unless they have specified that they do not wish to be acknowledged.
  • The material should be made available only to enrolled students, either distributed on a DVD or via Moodle, unless the creator of the work permits wider distribution.
  • It's a good idea to note: 'Used with permission' near the work.
Unpublished paper or resource
  • An unpublished work generally requires permission from the copyright owner in order to use it as a teaching resource for your online unit.
  • If you have permission to use a journal article or book chapter in its pre-publication version, it is advisable to update and use the formal published version when it's available.
  • See below for more information about using a resource with copyright owner's permission or the relevant section for published resources if applicable.
I have permission from the copyright owner
  • You are permitted to do with their work whatever a copyright owner has authorised. This includes uploading the resource into your online unit.
  • Be aware that the author of a work is not necessarily the copyright owner. The publisher may hold the rights, so this is an important first check.
  • Make sure you keep on file (preferably in TRIM) the express permission from the copyright to use their work in the way you want to. The permission does not need to be a formal document — an email communication is sufficient
  • It's good practice to note: 'Used with permission' near the work.
  • The material should be made available only to enrolled students, either distributed on a DVD or via Moodle unless the agreement permits wider distribution.
  • Find out more about getting permission.
Database such as ProQuest or Informit
  • Journal articles from electronic databases may not be reproduced as full text in your podcast or unit materials.
  • You may provide a durable link so that each student can individually access the article directly from the database.
Article from a print journal
  • Importantly you must not upload the article into your Moodle unit — it MUST be in eReserve.
  • Ask eReserve staff to process the work, as they are best placed to assess and manage the ongoing copyright requirements.
  • You may link to eReserve documents in Moodle.
  • You may like to find out more about the educational licence Part VB, which is the licence that eReserve relies on.
Article not held in UNE collections
  • You should not upload the article into your Moodle unit or elsewhere.
  • Contact eReserve as staff there will decide if the copy is suitable for inclusion in eReserve, or assist to obtain an alternative eReserve version or method of access as applicable.
  • Alternatively ask the Copyright Office  for advice.
Article from a personal subscription
Personal print journal subscription
Personal electronic journal subscription
  • These subscriptions usually involve a contract arrangement that limits your access to personal use only, so you should not reproduce the content in your online unit.

There may be other ways to make an article available for your students:

  • Check if the article you require is also included in one of the University Library databases and link to that copy. See Online library databases such as ProQuest or Informit above.
  • Check the Library catalogue for a copy from a library print subscription that can be included in eReserve.
  • Talk with eReserve staff. They may be able to help you find a copy from another library that can be included in eReserve.
Article in a freely available online journal
  • Many journals are free and online, so their content is stable.
  • You may link to the journal from your Moodle unit, allowing students to access a personal copy for themselves.
  • Do not copy and reproduce the content in your online unit.
Chapter or section in a book
  • Importantly you must not upload the content into your Moodle unit — it MUST be in eReserve.
  • Usually one chapter or 10% of a book can be copied under the terms of the educational licence Part VB, but in some cases there may be other considerations. For example, because of across campus quantity restrictions, the chapter may need to be supplied to students by alternative means, such as via email, or it may be that a whole book can be included in eReserve.
  • Ask eReserve staff to process the work, as they are best placed to assess and manage the ongoing copyright requirements.
  • You may link to eReserve documents in Moodle.
  • You may like to find out more about the educational licence Part VB, which is the licence that eReserve relies on.
Whole book
  • If an entire book is required for a unit, and a formal check shows that the book is not currently commercially available, then the whole book can be included in eReserve.
  • Importantly you must not upload the book into your Moodle unit — it MUST be in eReserve.
  • Ask eReserve staff to process the work, as they are best placed to assess and manage the ongoing copyright requirements. For more information see Putting material in eReserve.
  • You may link to eReserve documents in Moodle.
Conference paper
  • Ask eReserve staff to process the paper under the terms of UNE's educational licence and you may link to the eReserve copy from your Moodle unit.
  • Importantly, you must not upload the conference paper into your Moodle unit — it MUST be in eReserve unless you have obtained permission from the copyright owner.
  • If the conference paper is already online, you may provide a link for your students.
From an edited book
  • A chapter in an edited work is treated differently to a chapter in a monograph because each chapter may be considered a separate work. It's possible that one or more chapters can be included in your online unit with some conditions:
  • Importantly you must not upload the content into your Moodle unit — it MUST be in eReserve in order to manage copyright requirements.
  • Ask eReserve staff to process the work under the terms of UNE's educational licence and you may link to the eReserve copy from your Moodle unit.
Recorded from TV or radio
  • You are able to reproduce any quantity and any part — including advertisements and entire movies and songs — if it was taped from broadcast TV or radio.
  • It can be reproduced in your Moodle unit.
  • You should provide information about the program. Where possible, provide details of the channel, presenters, performers, title information and credits as well as the date it was broadcast.
  • Before viewing the material, students must first view a Part VA Warning notice.
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969

WARNING
This material has been copied and communicated to you by or on behalf of the University of New England pursuant to Part VA of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act.
Any further copying or communication of this material by you may be the subject of copyright and performers' protection under the Act.

Do not remove this notice.
  • This is automatically shown if you upload the content using Camtasia.
  • Note that only TV shows actually taped from TV are covered in this section, not a TV show purchased as a commercial DVD or video.
  • More information about using radio and TV resources.
A podcast
  • If the podcast is of a TV or radio show that was originally broadcast, you may treat it as if you had taped it from broadcast radio or TV — see above.
  • If linking to the required podcast at the host site is possible and suits your purposes, and you believe the source of the podcast is authorised by the copyright owner — for example, it's an extended interview from the ABC site — you're best to link to the resource online for students to access it there. You may keep a backup copy of the podcast on your hard drive in case the podcast disappears from the host site. If this occurs, you have strong grounds to reproduce the backup under a flexible dealing provision Section 200AB.
  • If the above two dot points do not apply in your situation, your last option is to investigate whether the flexible dealing provision Section 200AB may be relevant.
YouTube video
  • You may link to/embed YouTube content, but you should not copy and reproduce it in Moodle.
  • It is advisable for you to keep a personal backup copy of the linked YouTube clip on your hard drive in case the content disappears from the host site. If this occurs, there may be grounds to reproduce the backup copy for your students under the flexible dealing provision Section 200AB. Ask the Copyright Officer if you need to rely on Section 200AB, as there are some important conditions.
Image from a published (print) book or journal or newspaper
  • An image that is copied as part of a book chapter, conference paper or journal article, may be copied along with the approved quantity of text. See appropriate section, above (for example, print journal, book, edited work).
  • If you require an image from a print source for use as a separate work in its own right, then it needs to be checked for its commercial availability.
  • A commercial availability check involves you checking with the copyright owner and/or publisher and/or other reasonable means such as Amazon.com, to establish if the image can be separately purchased. For example a cartoon in a newspaper can often be purchased through the newspaper.
  • If the image can be obtained separately at a reasonable commercial price, then students should be asked to purchase a copy if it is required for their study purposes.
  • If the image cannot be obtained separately at a reasonable commercial price, then you should keep a copy of your checking process on file and you may use the image in your Moodle unit under the following conditions: the image is required for educational purposes (not simply to enhance the look of the page); the image is fully referenced (this includes a date downloaded and URL); and the following Part VB warning notice is viewed before the image is shown. Note: this can be included on the welcome page when the students first log in, so that all images used in the unit are covered.
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been reproduced and communicated to you by or on behalf of the University of New England 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.
Image found using a Google Image search

Any image that's freely available from the Internet can be used in your Moodle unit if all of the following apply:

  • The image is required for educational purposes, not simply to enhance the look of the page.
  • The image is fully referenced (this includes a date downloaded and URL).
  • The following Part VB warning notice needs to be viewed before the image is shown. Note: this can be included on the welcome page when the students first log in, so that all images used in the unit are covered.
Commonwealth of Australia
Copyright Act 1968
Notice for paragraph 135ZXA (a) of the Copyright Act 1968

Warning
This material has been reproduced and communicated to you by or on behalf of the University of New England under 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.
I needed to click 'I Agree' for access

if you are required to click 'I Agree' before accessing the image, then you are probably bound by conditions of access. You should check access conditions to ensure that your intended use of the material from the site is covered.

I needed to register and login for access

if you are required to login to a site before accessing the image, then you are probably bound by conditions of access. You should check access conditions to ensure that your intended use of the material from the site is covered.

A Flickr image
  • Flickr is a popular photo sharing website which allows photographers to choose Creative Commons licenses for their images, permitting others to use them without the need to rely on permissions or the educational licences.
  • Be aware that not all material on Flickr is licensed under Creative Commons, so you should filter your search.
  • To filter for images from Flickr that can be used in Moodle, go to the Advanced Search page and check the button next to 'Only search for Creative Commons-licensed content'. Double-check each image in the search results to ensure its license conditions fit your intended use.
  • See the Smartcopying resource for more information on Creative Commons elements and symbols.
  • Note that all Creative Commons licenses require you to attribute the images that you use.
  • Depending on the license that the photographer has chosen, you may be able to use the image to visually enhance your pages rather than purely educational purposes ('educational use only' is a requirement of the educational licences).
  • Some photographs on Flickr licenced under Creative Commons may not be authorised by the copyright owner. If you believe this may be the case, you should try to find an alternative image.
  • Freely available photographs from Flickr can still be used as permitted under the Copyright Act — see: Image freely available on the Internet above, if appropriate.