Guidelines for using copyright material in teaching

The University is able to copy and communicate a range of copyright material for educational purposes under the statutory licences and the music licence.

To rely on these licences the following conditions must be meet:

  • it is for educational purposes;
  • access is restricted to Flinders staff and students;
  • full attribution is provided;
  • any required copyright warning notices are displayed.

There are limitations on how much can be copied depending on the category of material, see below for details.

Anthologies

Literary and dramatic works (e.g. short stories, poems, plays) can be copied and communicated in full from an anthology if the work* does not exceed 15 pages. In the case of an electronic anthology it must be in a format with stable pagination, e.g. pdf. If the work exceeds more than 15 pages you can only copy a reasonable portion which is 10% or 1 chapter (if it contains chapters), unless the work has not been separately published in which case they can be copied in full. Multiple works from the same anthology can be copied and communicated as long as the above guidelines are adhered to and the multiple portions do not add up to over 10% of the entire anthology.

If you are reproducing works in hardcopy form, e.g. in a reader or handing out photocopies in class, than the limitations apply per topic. If you are communicating works online, e.g. via FLO, than the limitations apply across the entire University. It is therefore necessary that these works are added to eReadings by the library in order to manage the limitations and reporting requirements. Do not upload pdfs directly to FLO.

The Part VB copyright warning notice is required. This is automatically included in library eReadings.

*in this case the work refers to the individual short stories, poems, plays etc. that make up the anthology.

Books and text

You can copy and communicate 10% of the number of pages or 1 chapter, whichever is greater, from a literary work. If the case of electronic books it must be in a format with stable pagination, e.g. a pdf, otherwise 10% is taken to be the number of words not pages. If the book is an anthology then follow the rules for anthologies.

You can copy and communicate more if the work has never been published or separately published, is not commercially available at an ordinary price in a reasonable time, or is a published edition.

If you are reproducing works in hardcopy form, e.g. in a reader or handing out photocopies in class, than the limitations apply per topic. If you are communicating works online, e.g. via FLO, than the limitations apply across the entire University. It is therefore necessary that these works are added to eReadings by the library in order to manage the limitations and reporting requirements.

The library also provides access to many eBooks through subscription databases.These will generally be governed by licence conditions and in most instances the above limitations and conditions will not apply. It is recommended that the eReadings process is also used for eBooks as library staff can create stable links and ensure off-campus access to eBooks. Do not upload pdfs directly to FLO or distribute hard copies as these actions are a breach of common licence conditions, contact the copyright officer for more information.  

The Part VB copyright warning notice is required. This is automatically included in library eReadings.

Computer software

There are no provisions in the Copyright Act for reproducing or communicating computer software for educational purposes.

The University provides access to a range of software for staff and students through site and volume licences, details can be found on the Information Technology Services software licensing page.

There is also a large amount of software available online under free or open source licences. These licences generally give the user greater freedom such as the ability to access, modify and share source code. Not all software with these licences are free of charge but many are, for examples of available software visit Wikipedia's list of free and open-source software packages, the Free Software Directory, or the Open Source Software Directory

For any other computer software that you wish to reproduce or communicate you will need to seek permission from the copyright owner.

Films

There are no provisions in the Copyright Act for reproducing or communicating films for educational purposes unless the film is a part of a broadcast, in which case it falls under the category of television and radio broadcasts.

You can show a film in class however it cannot be included in the lecture recording.

Journal and newspaper articles

You can copy and communicate 1 article per issue from a hardcopy journal or newspaper. If the articles are on the same topic you can copy and communicate 2 or more articles per issue. 

Journal and newspaper articles which are available electronically, either through subscription library databases or freely online will usually be governed by licence conditions and in most instances the above limitation will not apply. If you wish to reproduce an article from an electronic source in a hardcopy format, e.g. in a reader or as a class handout, then you need to ensure that the licence allows for this use, please contact the Copyright Officer to confirm.

If you wish to communicate articles online, e.g. through FLO, please use the eReadings process as library staff can manage limitations and reporting requirements as well as creating stable links and ensuring off-campus access to electronic resources. Do not upload pdfs directly to FLO as this is a breach of common licence conditions.

The Part VB copyright warning notice is required. This is automatically included in library eReadings.

Music

Performing music

You can perform any live or recorded music in class however if you want to record or communicate the performance the additional conditions apply.

Recording and communicating music

You can record and communicate live and recorded music if it is in the music collecting societies repertoire. This includes uses such as making lecture recordings with music available on FLO, distributing compliation CDs to students for analysis, or synchronising music to student films. For full details visit the Music licence page.

The Music licence copyright warning notice is required. 

Sheet music

You can copy and communicate 10% of sheet music.

You can copy and communicate more if the work is out of print, has never been published or separately published, is not commercially available at an ordinary price in a reasonable time, or is a published edition.

The Part VB copyright warning notice is required.

Photographs, artworks and images

You can copy and communicate the entire image from a physical source, e.g. a book, if it cannot be seperately purchased commercially at an ordinary price within a reasonable time.

If the image is incidental then you can copy the entire image even if it is available to be purchased separately. For example if you are copying a journal article that contains an image used to illustrate the text then this would be considered incidental.

You can copy and communicate the entire image from an electronic source, e.g. a website. There is no need to check whether or not it is seperately available for purchase. The only restriction would be if you are goverened by licence conditions which may restrict use. If you or the University are paying for access or if you agreed to abide by terms and conditions such as accepting a click-through licence then you will be bound by the licence.

The Part VB copyright warning notice is required.

Plays

You can perform plays in class as long as the performance is not recorded and the audience is restricted to students. Any additional performances (e.g. public performances) would require permission or licensing. 

You can copy and communicate 10% of the number of pages or 1 chapter, whichever is greater, from a dramatic work. If the case of electronic books it must be in a format with stable pagination, if it is not than 10% is taken to be the number of words not pages. If the play is included in an anthology then follow the rules for anthologies.

You can copy and communicate more if the work is out of print, has never been published or separately published, is not commercially available at an ordinary price in a reasonable time, or is a published edition.

If you are reproducing works in hardcopy form, e.g. in a reader or handing out photocopies in class, than the limitations apply per topic. If you are communicating works online, e.g. via FLO, than the limitations apply across the entire University. It is therefore necessary that these works are added to eReadings by the library to manage the limitations and reporting requirements. Do not upload pdfs directly to FLO.

The Part VB copyright warning notice is required. This is automatically included in library eReadings.

Podcasts

Podcasts which were originally broadcast in Australia or in a country which is a signatory to the Rome Convention can be copied, performed and communicated as they fall under the category of television and radio broacdasts. For example Radio National podcasts which were first broadcast on Australian radio can be downloaded online and played in class or uploaded to FLO.

Podcasts which are created exclusively for the internet cannot be copied, performed or communicated relying on the above exception. What you can do with the podcast will depend on the terms and conditions on the website. In most cases you will be able to provide a link to the podcast.    

Published editions

You can copy and communicate an entire published edition. A published edition is where the underlying work is in the public domain but copyright is given to the typographical layout of the edition. For example a new edition of a work by Shakespeare or Dickens would be a published edition. Translations or annotated works will often be considered to be new works rather than a published edition. 

Published editions which are communicated online need to be added to eReadings by the library so that reporting requirements can be met.

The Part VB copyright warning notice is required. This is automatically included in library eReadings.

Television and radio broadcasts

You can copy, perform and communicate entire television and radio broadcasts. This includes free to air and pay broadcasts (e.g. ABC, Foxtel) but does not include commercial DVDs or subscription video on demand services (e.g. Netflix, Stan).

Broadcasts can be copied in any format, played in class and included in lecture recordings, provided to students as physical copies or made available for download or streaming via FLO.

The Part VA copyright warning notice is required. This is automatically included at the beginning of lecture recordings.

Websites

You can provide links to websites. However you should not link to a known or suspected infringing site, e.g. a site with uploaded content which is likely to have been shared without the copyright owner's permission.

Linking is preferable to downloading or printing out content however in some cases it may be possible to do this. You should first check the terms and conditions of the site to see if your suggested use is permitted. Many websites are now licenced under Creative Commons licences which allow for specified uses, you can find Creative Commons content using the CC Search.

If the site's terms and conditions don't allow for your proposed use you may still be able to rely on the statutory licence provisions as long as you are not bound by the terms and conditions. You will be bound if you have actively agreed to them, e.g. accepting a click-though licence, or if you or the University have paid to use the site, e.g. a library database. Since websites generally consist of a range of copyright material, e.g. text and images, how much you can copy and communicate under the statutory licence will depend on the content type. For example if you wish to copy an image follow the guidelines for photographs, artworks and images, for text look at books and text, and so on.    

In many instances it will be easier to either link to content or to seek permission from the copyright owner of the website then to try and apply the statutory licences to website content.