Year
Copyright Scotch
Teachers

Using Youtube in the Classroom

Risk Management Tips for Teachers Using YouTube
 

  • Don't use content that is likely to be an infringing copy.
  • Only use YouTube videos for the purpose of teaching.  There should be no commercial benefit.
  • Only use what you need.
  • Check that you can't purchase or readily license the content that you need from another source.
  • Don't expose the content to further copying or communication, such as giving students access to an electronic file that they could copy

http://www.smartcopying.edu.au/information-sheets/schools/using-youtube

Performing a work or Audio-Visual item in class

When can I perform a work or audio-visual item in class?

Teachers and students can read or perform a literary, dramatic or musical work, or play sound recordings and films in class, where it is:

in the course of education and is not for profit; and
the people in the audience or class are giving or receiving instruction, or are directly connected with the place where instruction is given.

A class includes virtual classes and distance education students.

Note: this exception does not extend to playing films or sound recordings for non-teaching activities.  See below for further information.

http://www.smartcopying.edu.au/information-sheets/schools/using-youtube

Format Shifting

Are schools ever allowed to format shift?

Some limited format shifting is permitted under the new 'flexible dealings' exception (new section 200AB).

A school is allowed to format shift copyright material (eg, a video to DVD or music tape to CD) if:

1. The original copy of the material is lawful. This means that the school bought it, or it is a genuine  (non-pirate) copy of the material that was given to the school.

2. The copy is being made for the  purpose of educational instruction (eg, a teacher needs to use the material in class or students need it to do homework).

3. It is not possible to buy the material in the new format within a reasonable time. 

4. You do not use the format shifted copy in a way that would unreasonably prejudice the copyright owner (such as putting it on the Internet or giving students access to an electronic file that they could copy). 

5. You do not remove or disable an access control TPM to make the format shifted copy.

http://www.smartcopying.edu.au/information-sheets/schools/format-shifting

Copyright Exceptions

1.13 Copyright exceptions

The Copyright Act provides a series of exceptions which allow schools and TAFE institutes to use copyright material without permission. These include:

  • Fair dealing and other statutory exceptions
  •  Flexible dealing l Educational exceptions
  •  Other exceptions
  •  Statutory Licence schemes

a. Fair Dealing

Teachers and students can copy and communicate limited amounts of works under “fair dealing”. No permission is required or payment made to the copyright owner if the use is fair and for the purpose of:

  •  research or study
  •  criticism or review
  •  reporting the news
  •  parody or satire

If a work is protected by a technological protection measure, you may not be able to use the fair dealing exceptions. See 1.15: Liability of Schools and Individuals for Copyright Infringement for information on offences relating to copyright protection technologies

i. Research or study

In general, students and teachers can rely on fair dealing when using extracts from copyright material as part of their own research or study for a class or particular course of instruction. The person undertaking the study and research (for example, the school student) must be the person doing the copying for it to be considered a “fair dealing”. A student/teacher may copy and communicate parts, and in some cases the whole, of a:

  •  literary, dramatic, musical or artistic work
  •  sound or television broadcast
  •  film, video /DVD
  •  sound recording
  •  multimedia product
  •  computer program
  •  database for free for the purposes of research or study.

Teachers/students are allowed to copy as a fair dealing for research or study: ¡ a 'reasonable portion' of a published edition of a literary, dramatic or musical work.

  •  whole or part of an article in a periodical.
  •  more than one article in a periodical if you are copying it for different research or a different

The Official Guide to Copyright Issues for Australian Schools and TAFE course of study. Teachers/students may copy or communicate more than a reasonable portion of a literary, musical or dramatic work or more than one article for the same research if this is fair. You can decide if your copying or communication is fair by considering the following factors: ¡ the purpose and character of the dealing ¡ the nature of the work ¡ the possibility of obtaining the work within a reasonable time at an ordinary commercial price ¡ the effect of the dealing upon the potential market for, or value of the work ¡ in the case where only the part of the work is copied - the amount and substantiality of the part copied in relation to the whole work Teachers may not use fair dealing to make multiple copies of material for their students’ research or study. This is covered by the Statutory Licence schemes. External Students External students who are enrolled in an educational institution can rely on the defence of fair dealing for research or study, provided that the copying is related to an approved course of study or research.

ii. Criticism or review

A student/teacher may copy or communicate parts of a literary, dramatic, musical and artistic work for the purpose of criticism and review (eg where a student or teacher is reviewing a book, CD or film for a student newspaper, teacher’s journal or a website).

The source work, the copyright owner and the author (if different from the copyright owner) must be sufficiently acknowledged in the publication.

Sufficient acknowledgment must be made of the source material, the copyright owner, the author (if different) and the title of the work being copied (if different from the copyright owner).

The same exception applies for audio-visual material (sound recordings, films and broadcasts).

iii. Reporting the news

A student/teacher may copy or communicate parts of a literary, dramatic, musical and artistic work for the purpose of reporting news that appears in the print, radio or television media.

Sufficient acknowledgment must be made of the copyright owner and the author of the work.

The same exception applies for the use of audio-visual material (sound recordings, films and broadcasts) featured in the news. 

http://www.smartcopying.edu.au/copyright-guidelines/copyright---a-general-overview/1-13-copyright-exceptions

Internet and Websites

Internet and Websites

1. Does browsing infringe copyright? No. Browsing does not infringe copyright.

2. Can I copy and print images and text from a website to use in class? Yes.You can copy images and text within the copying limits of the Statutory Text and Artistic Licence. If you want to copy more material than is permitted under the Statutory Text and Artistic Licence, you must obtain permission from the copyright owner of the material. See How to Clear Rights for further information on obtaining permission from the copyright owner.

3. Can I publish material from a textbook on our school or TAFE intranet? You can publish material within the copying limits of the Statutory Text and Artistic Licence, provided that the intranet is only available to students and teachers of the school. If you want to publish more material than is permitted under the Statutory Text and Artistic Licence, you must obtain permission from the copyright owner of the material. See How to Clear Rights for further information on obtaining permission from the copyright owner.

4. If someone posts a work on a website, does this mean that they lose copyright in it? No, the copyright owner will not lose the copyright in the work.

5. Does caching infringe copyright? Browser caching does not infringe copyright. In relation to content repositioning caching, as long as the school/TAFE has cleared the rights to copy and communicate the resources stored on the server, it will generally be permitted. Active caching will infringe copyright, if more than a reasonable portion is cached See 2.8: Internet and Websites (g) Other Relevant Issues for further information on caching and copyright.

6. Can I download more than one article from a newspaper’s website for use in class? Yes.This is permitted under the Statutory Text and Artistic Licence provided that each article relates to the same subject matter (eg front page story and an editorial on the same issue). It is important to note the copying limits under the Statutory Text and Artistic Licence. If you want to download more articles than is permitted under the Statutory Text and Artistic Licence, you must obtain permission from the newspaper. See How to Clear Rights for further information on obtaining permission from the newspaper.

7. Can I stream music live from a website in class at school? Yes.Schools and TAFE institutes can communicate music from a website in class. For further Yes, if the link includes a logo or graphic image from the linked website and bypasses its homepage. infromation on streaming music in class, see information sheet "Performance and Communication of Works and Audio Visual Material in Class - What am I allowed to do?".

8. Do I need permission to place a hyperlink on our school website to another website? No, if the link is to the other website’s homepage. 

http://www.smartcopying.edu.au/faqs/internet-and-websites

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