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Communicating Copyright Material via UNEonline
Using images, resources and multimedia for teaching purposes 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Personal print journal subscription
- Journal articles from a personal print journal subscription can be made available via eReserve. See Journal article from a print journal above.
Personal electronic journal subscription
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 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
- 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.
- 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.
- It is advisable to avoid using YouTube material if you believe that the copyright owner has not authorised the upload to YouTube.
- You may link to/embed YouTube content if you believe the content is authorised, but you should not copy and reproduce it.
- 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.
- 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
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 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
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.
- 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.
- Content which comes with a text book included as additional resources on a CD often requires you to click 'I Agree' or similar, so you are bound by the conditions of access. Read the conditions, but it is unlikely that you are permitted to upload this content for your students. You should seek other resources or find other sources for the same content. For example, find the music on a CD.
- Publishers sometimes supply multimedia and other content to support a unit when theirs is the required text book for a unit.
- If you have questions about how this content may be used, you should check with the publisher or their agent in the first instance.
- It is advisable to distinguish these resources so that students and subsequent unit coordinators can identify it. For example, '© name of publisher. Used with permission'.
- Increasingly organisations and institutions are providing free access to valuable resources for education.
- Smartcopying's list of Open Education/Free for Educational Resources can help you find some of these resources.
- It is advisable to distinguish these resources so that students and subsequent unit coordinators can identify it. For example, '© name of publisher. Used with permission'.
- Depending on the terms of the licence, Creative Commons resources can be used in Moodle.
- See the Smartcopying site for more information on creative commons elements and symbols.
- Note that all Creative Commons licenses require you to attribute the resources that you use.
- If you are not sure if you are able to reproduce the resource in your Moodle unit, you should link to it instead and allow your students to access it for themselves. In many cases this may be preferable as it allows students to explore other resources from the same source.
Note: 'DVD' refers to DVD as well as video content in the following
You are permitted to play content from a commercially purchased DVD or video in a face-to-face lecture setting and via video conferencing. However, if the DVD is recorded as part of the lecture for podcasting, you will need to consider whether the DVD content can be included, and further investigation is required. These investigations are the same as they would be if you wanted to directly copy and upload from a DVD into Moodle.
Step One: Check if the DVD has been a broadcast
If the DVD was originally broadcast (eg you have a commercial copy of the BBCs Life on Earth) then you need to conscientiously investigate ways to obtain a copy taped from free to air TV or subsequently podcast on the Internet. This includes checking sites such as enhanceTV to seek a copy that can be used under the Part VA Licence. If you obtain a broadcast copy, then you should use it under the generous provisions of the Part VA licence. See the link Recorded from TV or radio for more information.
Step Two: Check if the DVD or video prevents further copying
If there is an Access Technological Protection Measure (ATPM) on the DVD, it is illegal to remove or disable it in order to make another copy or to make a format shifted copy. So if there an ATPM fitted on the DVD or video you will need to find alternative ways of making the material accessible to your students. If there is no ATPM on the DVD or video, you can proceed to Step Three.
Step Three: Extensive checks are required to establish if you are able to copy
You are able to copy from a commercially purchased DVD and include it in your Moodle unit if the answer is ‘yes’ to ALL of the following:
- I have investigated whether the DVD has previously been broadcast and it was not.
- The DVD does not have an Access Technological Protection Measure.
- The copy I have is a legitimate copy and is not pirated.
- I want to use the DVD content for a specific teaching purpose only, such as to provide a resource required for an assessable project.
- This resource is not being used for any profit or commercial advantage.
- My use is narrow in a qualitative and quantitative sense and I will copy only the portion required for my teaching purposes
- I have checked and I am not able to buy or get a licence for to use the specific sections of the DVD I want to use. NOTE: This applies if the copyright owner has set up the means to facilitate this.
- I have checked the commercial availability of the DVD by checking Amazon.com and the publisher websites.
- Where the DVD or video is available commercially I will ask my students to purchase a copy, or will ask the Library to purchase the required number of copies OR If I believe the copying may still be considered reasonable in the circumstances, I will not copy any part of the DVD without first contacting the Copyright Office for advice.
- Where the DVD is not currently commercially available, I shall not use any more than I need and if this is greater than 10% of the DVD I shall regularly check on commercial availability, and apply the conditions that relate to a DVD that is available for purchase.
- I shall take steps to ensure that students are not able to make further copies of the sections of the DVD I am permitted to use, for example by streaming the copy.
- The online copy will be password accessible to UNE staff and enrolled students only and I will take it down as soon as it is no longer required.
- I shall fully reference the section copied and ensure that the creators and performers of the work are acknowledged.
- I shall ensure the following is included near each copy so students view it first: ‘Copied under s200AB of the Copyright Act 1968’. Note: This statement is automatically precedes any content which is copied using Camtasia Relay and uploaded via Kaltura.
- I understand that I am responsible for ensuring that I meet the copyright obligations in using this material. If I have questions I shall ask the Copyright Officer. (copyright@une.edu.au or ext. 3227).
- Copies from CD may be placed online in Moodle for student listening, preferable as streamed music files in a format that cannot be downloaded.
- It is a licence requirement that all copies must carry the following notice:
This recording has been made by the University of New England under the express terms of an educational licence between it, ARIA, AMCOS, APRA, and PPCA and may only be used as authorised by the University of New England pursuant to the terms of that licence.
- The following information about each recording is also required: title of each musical work; name of each composer, lyricist, and arranger of the musical work; the artist or group name; and the record company label.
- The notice and credits can be displayed before the streaming starts. Alternatively, a voice recording of the notice and credits may be included at the start of the file.
- If you wish to stream music, please contact the University Copyright Officer (copyright@une.edu.au) before proceeding. Each year, the University is required to report the sound recordings available on the streaming facility.
- Music and other content that you have purchased from iTunes is released to you under contract conditions. Check these conditions, but it is unlikely that you are permitted to upload it and make it available to your students. You should seek alternative resources or find other sources of the same content. For example purchase the music on a CD and use it under the terms outlined in 'Music from a CD I have purchased', above.
