Copyright and teaching

Knowing when and how to use copyright material for teaching


The use of third-party copyright material for educational purposes is permitted through special statutory and voluntary education licences and exceptions within the Copyright Act 1968. Different licences and exceptions apply depending on how the material is being used and whether you are using:

  • text works (such as books, book chapters, journal articles)
  • artistic works (such as images, photographs, figures)
  • broadcasts (including webcasts of broadcasts) 
  • multimedia (including slidesets)
  • video works (including DVDs and online streaming videos)
  • music and sound recordings

Sharing learning material with students

Learning material that is provided by exception or licence - such as journal articles and scanned book chapters - should only be accessed by students using OneSearch, or within the Learning Management System via Unit Readings.

Entire copies of journal articles from paywalled databases, such as ProQuest or LexisNexis, cannot be shared directly as uploads to the LMS, either as text or PDFs. The University does not have a licence to copy and share this way. You must use Unit Readings to provide a copyright compliant link to the licenced article. 

Do not provide access to copyright material by uploading it to other systems such as Dropbox, YouTube, or sending it via email. Students should be reminded not to share copyrighted material with others beyond the LMS.

Please see the Copyright at UWA webpage for information on how to locate free-to-use resources for teaching.

Your Librarian Support Team can help you to locate or obtain course materials that can be shared with students via Unit Readings, the LMS or OneSearch. 

Licences

Education licences

1. The statutory licence

Section 113P of the Copyright Act contains a statutory licence under which the University can copy and communicate works and broadcasts for educational purposes, subject to a number of conditions.

The statutory licence allows the University to copy and communicate works (except for computer programs) and television and radio broadcasts for educational purposes.

Copyright warning notice under the statutory licence

All material copied under the statutory licence and electronically shared with students must have a specific warning notice attached to it in such a way that the notice appears before or at the same time as the material being communicated appears on the screen. The notice must be located in such a way that the student using the material will see it – for example, at the beginning of a PowerPoint presentation (if the presentation contains images from the internet or other material copied in reliance on the statutory licence). The wording of the notice differs depending on whether you've copied text or broadcast material. The copyright warning notice is automatically added to all Echo360 recordings and relevant readings in Unit Readings. 

Insubstantial portions of work such as quotations, and Creative Commons or Open Access works, do not require the warning notice.

There is no prescribed size for the notice but it must be legible. The wording of the notice cannot be changed. The copyright warning notice for copies of text works is as follows:

WARNING

This material has been reproduced and communicated to you by or on behalf of The University of Western Australia in accordance with section 113P 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.

For more information on the wording of the notice for copies of broadcast (TV and radio) material, please see the downloadable UWA Copying and Communication Best Practice Guidelines 2020 as well as the "Broadcasts" section below.

 

2. Tertiary Music Licence

The University has entered into a voluntary music licence enabling staff and students to copy and communicate sound recordings for educational purposes, perform music at some University events, and play music on campus.

This was entered between Universities Australia, representing Australian universities, and four Australian music collecting societies:

 More information is under "Tertiary Music Agreement" in the "Music and Sound recordings" section below.

Assisting persons with a disability

Exceptions to assist people with disabilities

The Copyright Act includes two free exceptions that allow people and educational organisations to use copyright material to assist people with disabilities.

Fair dealing for the purpose of access by a person with a disability

A person with a disability, or a person acting on their behalf, can copy and/or communicate copyright material, make changes to the format and add features if it is for the purpose of providing access to (creating an accessible version for) a person with a disability, and providing the dealing is fair.

When is the dealing fair?

The dealing must be ‘fair’ to avoid infringing copyright in the material. The provision requires the person dealing with the copyright material to take into account the following factors when determining if the dealing is ‘fair’:

  • the purpose and character of the dealing
  • the nature of the copyright material
  • the effect of the dealing upon the potential market for, or value of, the material
  • the amount and substantiality of the part dealt with, taken in relation to the whole material (if only part of the material is dealt with)

Important: The dealing may still be fair even if an entire work is used under this provision.

Use of copyright material by organisations assisting persons with a disability

This exception allows organisations to use copyright material (such as making accessible format copies and adding features to them) for the sole purpose of assisting a person with a disability to access the material in a required format if the material is not commercially available in that format. This replaces the provisions in the old educational statutory licence (previously Part VB of the Copyright Act, repealed in 2017). This exception could be used to provide support to students about to start a unit of study, academics or Higher Degree by Research students.

Covered organisations

The exception covers educational institutions, such as the University, and not-for-profit organisations with a principal function of providing assistance to persons with a disability (whether or not the organisation has other principal functions).

Commercial availability

Organisations are required to purchase an accessible copy if it is commercially available in a format suitable for assisting the person with their disability. The copyright material will not be commercially available if a suitable format copy cannot be obtained within a reasonable time at an ordinary commercial price.

Permissible format changes

The provisions are designed to be flexible to ensure copyright material can be converted into the best format available and with appropriate features.

A person can make any changes to the format and add features which help a person with a disability enjoy the material; for example, scanning a book for use with assistive technology, making adjustments to the size and colour of graphs, tables or text, converting books into easy English, and providing audio descriptions.

Definition of person with a disability

A person with a disability is anyone who suffers from a disability that causes them difficulty in reading, viewing, hearing or comprehending copyright material in a particular form. In practice, this includes anyone with a disability as defined in the federal Disability Discrimination Act 1992.

For more information on disability support services at UWA, contact the UniAccess team.

Text works

Different copyright limits apply depending on the original material type – a print book, an ebook or a website. Before including copyright material in your PowerPoint presentations, or uploading copyright material to your LMS unit, check the copyright compliance guidelines for the LMS (at the bottom of this page).

Print books and journal articles

Under the statutory licence, the University can copy and communicate a certain portion of text (including sheet music) and artistic works for educational purposes without having to seek permission from the copyright holder, providing copying limits and attribution requirements are met.

All scanned extracts of books, journal and newspaper articles must be made available through Unit Readings to ensure copyright compliance across the University.

Under the statutory licence, the University can copy:

  • 10 per cent of a book or one chapter, whichever is greater
  • one article from an issue of the journal, or more than one article if the subject matter of the articles is the same

The statutory licence also allows for extracts of anthologies, dramatic works (such as plays or screenplays) and musical works to be copied and shared through Unit Readings:

  • an entire work from an anthology (an individual poem, short story or conference paper) providing that it is less than 15 pages. If the work exceeds more than 15 pages, a reasonable portion can be copied (10% or 1 chapter, if the work contains chapters) unless the work has not been separately published. If the work has not been separately published, then it can be copied in full. Multiple works from the same anthology can be copied and communicated as long as these guidelines are adhered to and the multiple portions do not add up to over 10% of the entire anthology.
  • up to 10 per cent of the pages from a written play or screenplay
  • up to 10 per cent of a musical work (sheet music); this is often counted as 10 per cent of the bars

Using Unit Readings ensures all digitised extracts are copyright-compliant and contain the required copyright notices.

Ebooks and online articles

Online resources subscribed to by the Library, such as ebooks and journals, may impose their own limitations on how the resource can be copied and shared for teaching purposes. These limitations override the statutory licence copyright allowances. Do not copy from these resources without first consulting with the Library.

Rather than copying from online subscription resources, provide OneSearch links to the resources through Unit Readings.

Quotes and short extracts

Copyright will generally not be infringed if an insubstantial portion of the copyright material is used. A portion will be considered ‘substantial’ if it is a key, distinct, important or essential part of the copyright material. It will depend on the circumstances of each case whether a portion is so important that permission is required to use it. Consideration needs to be given to the importance the portion bears to the copyright material as a whole.

The quality of the portion is just as important as the quantity used from the copyright material. The portion may be substantial even if it is a small proportion of all of the copyright material.

The insubstantial portion rule does not apply to sheet music or artistic works/images.

Text from websites

Just because something is made freely available online does not mean it is not protected by copyright!

Where possible provide links to websites, rather than downloading or copying across website content. That said, you should never link to an infringing website (a website that hosts infringing materials that have been shared without the copyright owners' permission, like file-sharing or peer-to-peer sites).

Before copying material from any online source, check the site for a statement which defines how material on the site may be used. You should abide by this statement as with any licence. If the site contains no permitted use statement or only contains a basic copyright statement, then you may copy 10 per cent of the words from the website under the statutory licence. If it's not possible to determine 10 per cent of the words, ensure that you only use what you need for educational purposes.

Your own published work

If you own the entire copyright for a piece of work, copying limitations do not apply and you may copy as much as you require.

If you share copyright with another person or company, or if you have published an article in a journal and transferred copyright to the publisher, you should seek their permission in writing or rely on the statutory licence copying limits (only copy one chapter or 10 per cent of the work) to make the work available through Unit Readings.

If you're not sure who owns the copyright in your published work, check your publication agreement or contact the publisher for clarification.

Out-of-print or unavailable works

More than 10 per cent or one chapter can only be copied if the University is satisfied, after reasonable investigation, that copies (other than secondhand copies) of the work cannot be obtained in a reasonable time (generally considered to be six months for textbooks or 30 days for other works) at an ordinary commercial price. Contact the Librarian Support Team to determine if a work is out-of-print. 

Artistic works

An artistic work may be an image, photo, drawing, graph, table, or figure.

Images from print sources
  • If, in the pages you are copying, you copy an artistic work which is included for the purpose of illustrating the text (such as a photo within a chapter of a book) then you may copy all of the artistic work.
  • If you wish to copy only the artistic work and exclude the text, and the artistic work has not been published separately, you may copy all of it. You can copy as many images from the work as you require provided that they have not been separately published.
  • If the artistic work has been published separately but cannot be obtained for a reasonable price within a reasonable timeframe, you may copy all of it. Contact the Senior Librarian (Copyright) before proceeding.

The statutory licence copyright warning notice [available in the education licences section at the top of this page] must accompany images that are shared with students in a PowerPoint presentation, through the LMS or via email, and the image should be referenced.

Note that the insubstantial portion allowance [outlined in 'Quotes and short extracts' in the Text works section] does not apply to artistic works, as it is not possible to copy (or even define) an ‘insubstantial portion’ of an image.

Images from online sources

Under the statutory licence, if an artistic work is copied from an electronic source such as a website, then you do not need to check whether it has been separately published. In most cases, however, such images are subject to a licence or contractual agreement (terms of use or a ‘click through’ agreement). If licence or contractual terms exist, you must abide by those terms.

If an image has been accessed via a Library subscription resource (such as a journal article from a database) or Creative Commons licence, you must abide by the terms of the licence.

The statutory licence copyright warning notice must accompany images that are copied under the statutory licence and shared with students in a PowerPoint presentation, through the LMS or via email, and the image should be referenced.

For more information about using images from licensed resources, or for assistance with finding Creative Commons images, contact the Librarian Support Team

Multimedia and presentations

Presentations

Generally when you share a PowerPoint (or similar) presentation with students, this will be part of a lecture automatically recorded in the Lecture Capture System, Echo360. This automatically adds the copyright statement slide at the start of the recording.

Where you are sharing presentation slides with students in the Learning Management System, but they are not being recorded using Echo306, please manually add the copyright and indigenous acknowledgement slide at the start. You can download these from:

16:9 ratio slides

4:3 ratio slides

Attributing material in a presentation

All material that is not your own creation in a presentation, including images, must be attributed correctly to the copyright owner in the presentation itself, not as accompanying text elsewhere.

ATTRIBUTION INFORMATION TO PROVIDE

For Creative Commons items, check how the creator specified that you attribute their work. Otherwise, ensure you include the creator name, and a link to where the material was accessed if possible. Formatting like a reference in whichever style you use is usually sufficient.

WHERE TO ADD ATTRIBUTION

You can add attribution either:

  1. visible in the footer of each slide
  2. in a list of sources at the end of the presentation

If you add a list at the end, ensure the viewer can match the attribution to the image. Just a list of creators and works is not sufficient. You can, for example, add the slide number. If you have a lot of images on a single slide, you should make it clear which reference matches which image. 

Broadcasts

Broadcasts (including webcasts of broadcasts)

Staff can copy and communicate broadcast radio and television programs for educational purposes under the statutory licence.

The statutory licence covers the following broadcasts:

  • any TV or radio broadcast from free-to-air and pay TV channels, and AM and FM radio channels

  • podcasts/webcasts by the broadcaster of programs previously broadcast on their free-to-air channel

The statutory licence does not cover:

  • webcasts of programs previously broadcast on a pay TV channel (Foxtel) or delivered via a webcast service such as Netflix

  •  non-broadcast video sources such as DVDs or Blu-rays

  • web video sources such as YouTube or Vimeo

  • pirated or infringing copies of broadcast content

More information on using DVDs and streaming videos in teaching is available in the "Video works" section below.

If you comply with the required procedures 1 – 3 below, the copied work can be used during lectures, or embedded in PowerPoint presentations and LMS units, or sent to students via email.

There are no limits on the type of material that can be copied from television and radio under the statutory licence (advertising, documentaries, episodic dramas, feature length movies etc) and you can copy all or part of the material. You are also entitled to make as many duplicate copies as needed of any work you are copying under the statutory licence.

The requirements are:

1. Physical copies are labelled
All statutory licensed copies of broadcasts in analogue form, or on removable media (e.g. DVD, CD, USB), must contain a notice with the following information:

Program Name: ____________________

Broadcast Date: ____________________

Broadcast Channel: _____________________

This program has been copied under the Statutory Licence pursuant to s113P of the Copyright Act 1968 for the educational purposes of the University.

This notice should be attached to the container in which the copy is kept (e.g. DVD/CD case).

2. Procedures for sharing material digitally are followed

You can place audiovisual material copied under the statutory licence online for students to access, or send it to students via email, so long as the copyright warning notice shown below is displayed in such a way that the viewer will see the notice at some point during their “access journey”. Broadcast material shared online must be made available only to valid UWA staff members or students.

This program has been communicated under the Statutory Licence pursuant to s113P of the Copyright Act 1968 for the educational purposes of the University.

3. The original source is cited

Not only is it good academic practice to cite your work, it is also essential for copyright compliance. A citation should include the following information:

  1. Title of program

  2. Time of original broadcast

  3. Date of original broadcast

  4. Duration (in minutes)

  5. Whether sourced from TV, satellite, cable, or radio

  6. Name of the TV channel or radio station

Video works

DVDs

The statutory licence does not allow copying of pre-recorded (purchased or hired) audiovisual material (including from the Library collection).

You may play purchased audiovisual material live in class providing:

  • it is in the course of educational instruction (that is, not for entertainment)
  • all of the people in the audience are giving or receiving instruction or are directly connected with the University

It is also possible to play hired or rented audiovisual material for educational purposes, providing you were not advised not to at the time of hiring the material.

If you are using the Lecture Capture System (LCS), you can edit out the part of the recording that contains the movie/DVD footage following these instructions.

In some circumstances, Section 200AB of the Copyright Act might cover the reproduction of a DVD or video, but this exception applies on a case-by-case basis. Contact the Senior Librarian (Copyright) for more information.

Using YouTube videos

It is preferable to give your students a link to the YouTube video, or embed the video into your LMS unit. However, you should avoid linking to or embedding videos where you suspect the material infringes copyright (i.e. the video was not created by the person who uploaded it to YouTube).

YouTube’s terms of service don’t allow for videos to be copied, and capturing a YouTube video in the LCS is essentially the same as making a copy of the video. To avoid making a copy of the video, you can edit out the part of the recording that contains the YouTube footage following these instructions.

In some circumstances, Section 200AB of the Copyright Act might cover the reproduction of part of a YouTube video, but this exception applies on a case-by-case basis. Contact the Senior Librarian (Copyright) for more information.

Creating and uploading your own videos

Uploading to Echo360

Video content you create should usually be uploaded and shared via the Lecture Capture System - Echo360. All content uploaded to Echo360 has a copyright notice, and a message of indigenous recognition, added at the start of the video. This includes recordings of scheduled lectures and recordings made using applications like Universal Capture.

Movies uploaded to Echo360 and shared only in the Learning Management System must correctly attribute any material created by another author.

See the "Music and sound recordings" section below for information about synchronising audio as part of a video in the LMS.

Uploading to YouTube

If you want to use images, music or any other media sources in videos that you upload to YouTube, you must either own the copyright or use sources that are copyright free or openly licensed. This applies to images and photos that you've found on the internet – always check the website's terms of use before using an image in a video that you’ve created and uploaded to YouTube.

If you do use appropriately licensed third-party content in your video, ensure you provide a full citation to the original source.

Tip! Use sites such as Creative Commons to find openly licensed images.

Streaming services like Netflix, Stan, Amazon Prime

The statutory licence does not cover material from video streaming services such Stan, Netflix, Presto and Quickflix. Material from these services cannot be played in class, shared through LMS or captured through LCS. Their licences are only for personal and domestic use, and are not covered by copyright exceptions for research or study.

You can suggest that students privately watch movies using their own accounts, providing they have access to an account. Keep in mind that not all students may have access to a particular streaming service.

You can search these two sites to find out which service currently streams a particular movie:

  • Freeview - free-to-air television stations' "catch up" services
  • Just Watch - commercial streaming services like Netflix, Stan, Amazon Prime. Also includes most free-to-air catchup services. 

Material available from services such as Freeview and iView may be covered under the statutory licence providing the material is identical to that already broadcast on TV, and providing it is available for download. If it is only available in streaming mode, using software to capture the material will infringe copyright.

Screening a film for non-educational purposes

Screening a film at an event – like a movie night – is considered to be a 'public performance' and so requires permission from the copyright owners, regardless of whether an entry or attendance fee is charged.

The Australian Copyright Council has produced an information sheet on screening films in public which outlines the reasons why permission is needed, and the organisations to contact in order to obtain permission.

Alternatively, the film that you are wanting to screen – or a similar film – may be available through the online platform, Kanopy, that the Library subscribes to. You can show a Kanopy film provided you are an enrolled UWA student or staff member and you:

  1. stream it live (so don't try to download or record it) on the UWA campus (so you can't hold the event off-campus)
  2. don't charge a fee for admission

For more information about Kanopy movies, contact the Librarian Support Team.

Music and sound recordings

The Tertiary Music Agreement

What the licence covers

The music licence is an agreement between the Australian universities represented by Universities Australia, and APRA AMCOS, ARIA and PPCA. This covers reproducing and performing music. Elements of music covered include written music, lyrics and sound-recordings of performances.

The music licence broadly includes the following rights, with some further conditions and restrictions.

  • copying music or sound recordings for educational purposes
  • performing music in public at University-run events where there is free admission or a ticket-price under $40
  • synchronising audio-recordings to create audio visual works for university purposes, with some restrictions on further sharing
  • playing background or featured music at graduation ceremonies
  • playing background music in the workplace
  • playing music on hold

Any performance or reproduction of music must be made from legitimate sources.

Different teaching and learning uses are outlined in the menu items below. For more information on the non-teaching music uses allowed under the licence, or to discuss whether a proposed use fits within the terms of the licence, please email the Senior Librarian (Copyright) at copyright-lib@uwa.edu.au.

Commercial sound recordings - using and sharing for educational or university purposes

This section excludes recordings made of staff and student performances, or live performances at university events, as these are discussed below. 

This section is about already-recorded commercial music that you may want to use for educational or other University purposes.

Generally "educational purposes" needs to involve actions necessary for delivery of a course, like assessment or teaching.

"University purposes" involves actions required to carry out the university's usual business such as teaching, research and engaging with the university community. It does not include commercial activities, advertising and recruitment. Under the licence recorded music can be used for promoting student work or in-house research, but not if it is primarily for advertising. 

When you use recorded commercial music, you are using the work of two sets of music creators: the people who created the lyrics and music, and the performance by the artist. The Tertiary Music Agreement covers all of these uses by most recording artists published in Australia. You can double-check whether music you want to use is covered by looking at the PPCA list of current licensors or the ARIA list of copyright owners.

 

  1. Educational purposes

As long as you observe the conditions and restrictions below, then for educational purposes such as course work,

You MAY:

  • play the entire, or part of, a legal recording
  • provide a physical recording of a legal recording (e.g. a DVD or CD)
  • reproduce and communicate a legal recording
  • synchronise an ARIA sound recording to visuals post-production to create an audio-visual work (a video or movie) for non-commercial and non-promotional purposes and share it on the LMS or LCS, or play it in class ONLY

But you MUST ensure:

  • the work is only:
    • played in the classroom for staff and students, or
    • shared on a password-protected system that only staff and students can access, such as the LMS or LCS, or
    • (if provided to students as a CD or DVD) provided for free or at a cost recovery price, and only for private and domestic use

And you MAY NOT:

  • further share it outside the classroom or LMS/LCS, or for any other purpose
  • include any advertising or promotional material on the recording other than University-associated names, brands and logos
  • further remix, adapt, alter, arrange, debase or otherwise affect the integrity of the work
  • make audio-visual recordings of:
    • performance of a Grand Right Work
    • music performed in a Dramatic Context (i.e. as part of a play or live stage production)
    • music or words composed for a ballet accompanied by visuals of the ballet
    • music performed in a choral work more than 20 minutes duration, or excerpts

Sharing assessed work that uses sound recordings beyond the LMS

If you or your students use licensed music for an assessment submitted via the LMS, the work cannot be shared publicly publicly, for example by uploading it to YouTube or Facebook.

If you want to use a music recording that you are allowed to share publicly, for example creating a remix of songs or as a soundtrack to an animation or as background music to a podcast, you may want to investigate using music released under a Creative Commons licence. A good starting point for finding music that you can remix and share again is the list of sites on the Creative Commons Legal Music for Videos page. 

 

  1. Non-teaching University purposes

This is a very brief outline of how recorded, commercial music can be used for other purposes. Contact the Senior Librarian (Copyright) to clarify whether the way you want to use a sound recording is allowed under the Tertiary Music Agreement.

Recorded music can be used in the following ways, subject to some further limitations:

  • as background or feature music at a university event that is free or has tickets under $40 (+GST)
  • as on-hold music
  • at graduation ceremonies in the background or as featured music
  • in some university spaces for limited university purposes
  • synchronised to create audio-visual works of some types of university events
Print music and sound recordings - performing

Under the Tertiary Music Agreement, UWA staff, students and employees can perform APRA music and lyrics, or play sound recordings covered by the PPCA:

  • for educational purposes involving an educational course
  • as background or featured music at University events where admission is free, or the ticket price is under $40 (+GST)
  • as background or featured music at graduations, with no threshold for ticket price
  • within some University spaces under limited conditions
  • in the workplace for the benefit of staff only

This does not allow performance:

  • of all of a Grand Rights Work
  • within a Dramatic Context
  • as part of a ballet performance
  • of a choral work of more than 20 minutes
  • which burlesques the work
  • with new musical lyrics or any other adaptation which involves remix, alteration or otherwise affects the integrity of the work 

Copies purchased and downloaded from legitimate online music sites such as iTunes, Telstra Media or Spotify can also be used under the music licence.

Infringing copies (pirate copies or copies downloaded illegally) cannot be used.

A "University event" under the licence is any event organised and authorised by the University, excluding events that are managed or promoted by a third party. It can be held on or off-campus and open to the public or just the university community. This includes open days, seminars, lectures, and exhibition openings.

Student and staff musical performances - recording and sharing

1. What you may do

Providing you observe the conditions below (including those listed under "2. What you may not do"), University staff and students MAY:

  • Perform music from the collecting societies’ repertoires at free University events and those with a ticket price equal to or under $40 (+GST), where they are for non-commercial, non-promotional purposes.
  • Make audio or video recordings of music performances at University events, or for University purposes.
  • Store and communicate recordings of these musical performances on a password-protected system only accessible by University staff and students (e.g. the LMS or LCS).
  • Share CDs or DVDs of these recordings with just staff and students or their immediate families at a cost recovery basis only, provided this is only for their private, domestic use.
  • Synchronise the audio of a performance of  APRA music and lyrics to a movie post-production to create an audio-visual work. These works may be shared on the LMS/LCS, the University website or University social media under certain conditions. Please discuss this use with the Senior Librarian (Copyright).
  • Synchronise the audio of ARIA works with visuals to create an audio-visual work:
  • For works performed at University events with ticketing under $40 (+GST), or at graduation ceremonies.
  • ONLY in-context, not post-production. This means that the audio must be captured at the same time as the visuals were recorded.
  • These ARIA synchronisations may be shared on the LMS/LCS and University website only (not University social media) under certain conditions. Please discuss this with the Senior Librarian (Copyright).
  • See the "Commercial sound recordings - using and sharing for educational or University purposes" section above for information about synchronisations for educational purposes.

Live streaming of some performances via University social media are allowed under some very restricted circumstances. Please contact the Senior Librarian (Copyright) to discuss this. There are specific arrangements which must be made for graduation ceremonies. 

 

2. What you may not do

Where recordings and synchronisations are made, as described above, you MAY NOT:

  • record or transmit an illegal copy of a musical work (e.g. a bootleg recording played during a University event)
  • reproduce a film, literary, dramatic or artistic work
  • make any recordings available for public download
  • record or communicate:
    • a performance of a Grand Right Work or excerpts
    • music performed in a Dramatic Context
    • a ballet
    • a choral work of more than 20 minutes duration or excerpts of that work
    • musical work that affects the integrity of the original by arranging, adapting, altering, debasing or remixing it

Music performance and reproduction not covered by the Tertiary Music Agreement

Types of events not covered by the Tertiary Music Agreement

The music licence does not cover the following:

  • box office (ticketed) events where an entry fee of over $40 (+GST) is charged
  • occasions when University premises are hired to students or other individuals, or external organisations
  • music use by student-run groups (the Guild, student clubs or societies), student unions and on-campus shops, cafes, restaurants and bars. If the group uses the same Australian Business Number as the University, then it is possible that the use may be allowed. In that case please contact the Senior Librarian (Copyright).

Those responsible for these activities will need to arrange their own music licensing.

 

Types of music performances excluded from the Tertiary Music Agreement

The music licence does not include performances of the following types of music:

  • ‘Grand Right Works’ – a show where the lyrics and music are written expressly for it (large scale choral works of more than 20 minutes’ duration, operas, operettas, musical plays, ballets, revues and pantomimes)
  • music performed in a 'Dramatic Context' (using dramatic elements such as costumes, sets and dancing) where the music was not specially written for the production
  • arrangements of music or lyric changes
  • music used in films that are screened to the public

 

Obtaining permission for uses not granted under the Tertiary Music Agreement.

To use or perform music that is not covered by the music licence, you will need to obtain a licence from the rights holder or the organisation that represents them.

The contact details for some of the most common activities are listed below:

Activity Contact

Performing live music (a live performance of a song)

APRA AMCOS

Playing recorded music (such as from CDs)

PPCA for sound recordings 
APRA AMCOS for lyrics and musical works

Performing a musical, opera or operetta

Contact the copyright owner or their agent to obtain permission. 
The following organisations may be a good starting point for musicals: 
Hal Leonard Australia 
Origin Theatrical

If you are arranging for a third party to use a University venue and copyright material will be performed at the venue, confirm the third party has obtained permission to perform the material and the correct licences are in place.

For further information, see the Australian Copyright Council’s Music: Concerts, Musicals & Plays information sheet.

Learning Management System

Copyright compliance guidelines for the Learning Management System (LMS)

The guide below outlines the key points to observe when you add learning material to a unit in the LMS. You can download a PDF or RTF of the guide to Sharing Learning Material in the LMS for Unit Coordinators.

Image of the PDF file listing the ways in which material can be shared in the LMS 

 

The more detailed guidelines below list the copyright checks to consider before adding material to the LMS. All reading material must be added to Unit Readings, not directly uploaded to the LMS. Access to published material – such as book chapters and journal articles – needs to be mediated by the Library to ensure copyright compliance across the University. Only upload files to the LMS if:

  • you own the copyright in the material
  • the material is openly licensed (more information can be found in the 'Free to use resources' section on the main Copyright page)
  • the material is out of copyright or copyright-free

All third-party material used in your unit, including text extracts, videos, images and website content, must be attributed so students can clearly see the source of the material.

More detailed information about the copying limits can be found in other sections on this page.

If you wish to use a material type not included in the below list, contact the Senior Librarian (Copyright) for guidance.

Information in these guidelines has been adapted with the permission of the Curtin University Library Copyright team.

Compliance checklist
Type of material Compliance checklist

Images

Have you:

  • Referenced the source of the image?
  • Followed the terms and conditions of use, if the image is from a website that required you to accept an agreement prior to accessing/downloading the image?
  • Attached the electronic warning notice? (Note that the warning notice is not required for Creative Commons or other licensed images.)

You cannot copy images that:

  • Have been separately published and are still available to purchase
  • Have never been made available to the public (such as student work) unless you have the written permission from the copyright owner.

 

Licensed or subscription material

Online resources subscribed to by the Library, such as ebooks and journals, may impose their own limitations on how the resource can be copied and shared for teaching purposes. Most uses relating to academic research or study are permitted.

Have you:

  • Used Unit Readings to make library subscription material available to students?
  • For other licensed material, have you followed the terms and conditions of the licence?

Music

If you’ve copied music in reliance on the Music Licence, have you:

  • Attributed the source and attached the required warning notice? Ensure you obtain permission to use all other music files.

Open Access or Creative Commons

Have you:

  • Fully and correctly attributed the source, and included a link to the licence information (if required)?
  • Complied with the licence terms for Creative Commons material?

PDFs or documents

  • Wherever possible provide links to websites, rather than download or copy across website content.
  • Before copying material from any online source, check the site for a statement which defines how material on the site may be used. You should abide by this statement as with any licence.
  • Ensure the material is attributed through a full reference

Published book chapters and journal articles should be made available through Unit Readings, even if they are accessible via OneSearch. PDFs from OneSearch should not be uploaded to the LMS.

Presentation slides

Have you:

  • Fully and correctly attributed all images, text excerpts, websites, etc?

If you’ve copied images or extracts in reliance on the statutory licence, have you included an electronic warning notice at the beginning of the presentation?

Social media

  • Where possible you should avoid taking screenshots of social media content, and instead provide a link or direct students to access it themselves.
  • Do not share UWA teaching material or published material (such as journal articles and ebooks) on social media platforms.
  • If the social media platform allows you to embed or share the content, then that should be used to do so.

Software

    Have you:
  • Checked the terms and conditions of the software licence agreement to ensure you are permitted to share it

If the software licence allows sharing, ensure you provide a link to the licence agreement for students to access.

Text books

    Have you:
  • Used Unit Readings to make your readings available to students?

If you have permission from the copyright owner to share the material, have you followed their terms of use, and ensured the material is fully and correctly attributed?

Videos

YouTube and online videos:

  • Provide students with a link to the video, or use YouTube’s embedding/sharing functionality to embed the video within your LMS unit.
  • Ensure the video is an authorised copy – check the uploader details to ensure they are the legitimate copyright holder.

Commercial DVDs and videos:

  • Is the video from a Library video streaming database such as Kanopy or Informit TVNews? If so, it’s okay to embed the video within your LMS unit.
  • You will need the permission of the film distributor to copy and share commercial DVDs.

TV broadcasts:

  • Does the recording contain the electronic warning notice, and has the source been attributed?

Information on this page has been adapted with permission from the University of Sydney. This information is provided as general information only and is not intended to be comprehensive.

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