Uses of copyright material in teaching

The guidelines below relate to the different ways copyright material may be used in teaching. For information about the different categories of copyright material, e.g. books, journal articles, see the Guidelines for using copyright material in teaching

eReadings

This information applies to online readings, for hardcopy readings see Readers.

The Part VB statutory licence allows literary, dramatic, musical and artistic works to be communicated to students online. The amount of a work that can be made available is limited (for details see Guidelines for using copyright material in teaching) and these limits apply across the entire University not just the individual topic. It is therefore necessary that these materials are made available to students online through the Library's eReading process. This ensures copyright compliance and enables the University to meet reporting requirements. 

Many works, such as journals and books, are now also available online through the Library's subscription databases. These are governed by licence conditions. In general these conditions don't limit the amount of the work that can be used but they often prohibit the sharing of works, such as uploading them to FLO. If you wish to use these materials it is best to use the eReadings process as library staff can create stable links and ensure off campus access for students.   

To request eReadings topic coordinators can use the eReadings list management tool or you can email ereserve@flinders.edu.au.

Exams

The Copyright Act allows literary, dramatic, musical and artistic works to be included in exam papers. This includes images, poems, sheet music, newspaper and journal articles, excerpts from books, plays etc. There is no limitation on the amount of the work that can be used. This provision covers physical exams, including take-home exams. It does not cover online exams or practice exams and does not relate to films, sound recordings or broadcasts.

If you would like to include copyright works in an online or practice exam or wish to use film, sound recordings or broadcasts then you will need to rely on another provision or seek permission from the copyright owner. The statutory or music licence would be able to relied upon in these instances although limitations apply, see the Guidelines for using copyright material in teaching.

FLO

FLO topic sites usually contain a range of different copyright materials, such as lecture recordings, presentation slides, readings and worksheets. The following tips will help you meet your copyright obligations.

  • Always attribute the creator of copyright material.
  • Teaching material (e.g. worksheets, lecture notes) created by you or other University staff is owned by the University and can be uploaded to FLO.
  • Third party copyright material in lectures (e.g. films, images) cannot automatically be included in the recordings, see lecture recordings for details.
  • Do not upload reading materials directly to FLO:
    • for physical resources (e.g. books) or online library resources (e.g. journal articles) use the eReadings process;
    • for freely available online resources (e.g. government reports) provide a link.
  • Do not upload videos from Youtube or other video platforms directly to FLO:
    • embed the video if the platform provides the means to do this; or
    • provide a link to the video.
  • Include the Part VA & VB copyright warning notices at the beginning of your presentation slides if it includes third party copyright material such as images or text included under the educational statutory licence provisions. 

For full details see the Guidelines for using copyright material in teaching.

Lecture recordings

You can use a range of copyright material in a lecture for educational purposes however this does not automatically mean that you can include it in the lecture recording. This will depend on the type of material, see table below for details. You must ensure that all copyright material is properly attributed.

Type of Material
Face to Face and Live Streamed Lectures
Recorded Lectures (Stream/Download)
Notes
Book and journal extracts Can be used in lecture. Can be included in recording.

Part VB warning notice automatically included in recording, do not remove.

Comply with 10% limit across University.

Film - commercial DVD, VHS etc Can be used in lecture. Cannot be included in recording unless permission in obtained.

May be able to be included if it meets conditions as a special case under s200AB of the Copyright Act. To check contact the copyright officer.

Guest speaker Can be used in lecture. Can only be included in recording with permission. Copyright owned by speaker. Obtain written permission before lecture.
Images -  from published print source Can be used in lecture if it accompanies or explains text or if it is not available to be purchased separately at a reasonable time and ordinary price.  Can be included in recording. Part VB warning notice automatically included in recording, do not remove.

Images - from published electronic source

Can be used in lecture unless you are bound by licence conditions which specifically prohibits use. Can be included in recording.

Part VB warning notice automatically included in recording, do not remove.

You will be bound by licence conditions if you or the University are paying for the resource or if you have agreed to terms and conditions, e.g. accepting a click-through licence.

Images - unpublished Can be used in lecture. Can be included in recording.  
Music Can be used in lecture. Can be included in recording. Allowable under the terms of the Music licence. Warning notice and music details must be included.
Podcasts - of tv and radio broadcasts* Can be used in lecture.  Can be included in recording.

Part VA warning notice automatically included in recording, do not remove.

*Only applies to podcasts of broadcasts from Australia or countries which are signatory to the Rome Convention.

Podcasts - of online content Can be used in lecture unless you are bound by licence conditions which specifically prohibits use. Cannot be included in recording unless permission obtained or podcast conditions permit use.

You can provide a link to the podcast.

You will be bound by licence conditions if you or the University are paying for the resource or if you have agreed to terms and conditions, e.g. accepting a click-through licence.

TV and radio broadcasts* Can be used in lecture. Can be included in recording.

Part VA warning notice automatically included in recording, do not remove.

*Only applies to broadcasts from Australia or countries which are signatory to the Rome Convention.

Youtube Can be used in lecture. Cannot be included in recording under YouTube's Terms of Service.

You can provide a link to the video.

Do not use or link to infringing content.

Web pages Can be used in lecture. Cannot be included in recording unless permission obtained or website conditions permit use. You can provide a link to the website.

Performances in class

Performances of copyright material are allowed in class as long as they are for educational purposes, the audience is restricted to students of that topic and no charges are made. Performances include reading a poem or a section from a book, playing live or recorded music, performing a play, playing a film or broadcast etc.

Adaptations, including rearrangements, translations, or additions, are not covered by this provision. If you performance involves adaption then you will need to seek permission from the copyright owner. 

There are additional limitations surrounding the inclusion of performances in lecture recordings, see lecture recordings.    

Readers

This information applies to physical readers, for readings available to students online see eReadings.

The Part VB statutory licence allows literary, dramatic, musical and artistic works to be included in a physical reader for students. This could include journal or newspaper articles, books chapters or extracts, short stories, essays, images, sheet music etc. The amount of a work that can be included in a reader is limited, see the Guidelines for using copyright material in teaching for details.

There are no limits on the number of copies of the reader that can be made, as long as they are only supplied to students enrolled in the topic. It is also permissible to charge for the reader as long as it is only on a cost recovery basis.      

The reader must have a cover with the following information:

  • the name of the department;
  • the topic name and number;
  • a description of the purpose for which the materials are made (e.g. Tutorial Readings, Semester 2, 2016), and
  • a statement in relation to copyright in the following form should appear on the front cover:
THIS COMPILATION OF STUDENT READING MATERIAL HAS BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF PART VB OF THE COPYRIGHT ACT FOR THE TEACHING PURPOSES OF THE UNIVERSITY.

FOR USE ONLY BY THE STUDENTS OF FLINDERS UNIVERSITY ENROLLED IN THE SUBJECT: [subject name and code]

A contents page is required at the beginning of the reader. References should include:

  • name of author;
  • title;
  • ISBN (if known);
  • publisher (if known);
  • number of pages copied, and
  • number of copies made.