Limits for content types
Copying of copyright content by material type for use in teaching is outlined below. If you require more, ask the Library or Copyright Office for advice.
Adaptation (modifying, remixing) of copyright content is not covered in exceptions or permissions within the Copyright Act, and requires permission from the copyright owner in most circumstances. To source content that can be adapted select from Open licenced material that allows derivatives (Creative Commons), see the Library Guide to OERs.
For more information about Adaptation rights see here.
A 'reasonable portion' is defined as:
- one chapter or 10% of a book, whichever is greater
- one article form a journal issue, or more if they are on the same topic or for the same research.
Text made available for teaching must go through Course readings service in order to comply with the survey requirement of the licence. Access must be restricted to only those in the course and content must be attributed - with the correct copyright notice displayed before or concurrently with the content.
There are circumstances where more can be copied, for example if the title is out of print. Contact the Copyright Office for advice.
Post broadcast TV, radio, podcasts, Foxtel
You can copy and communicate television or radio broadcasts (free-to-air or pay tv/subscription) in entirety for educational purposes, and the Library has databases which perform the recording of the broadcast for you (EduTV, TVNews, ClickView, Kanopy). You can request a recording be made of a future TV broadcast in some cases. You can copy and communicate an entire broadcast and there is no limit to the number of copies you can make. Access to any copies must be limited to staff and students only.
You can copy podcasts off television or radio material from an Australian broadcaster from the internet provided they have already been aired by the network.
You cannot copy or communicate (i.e. store a copy to play later) material from a commercially available video or DVD. For example, you could not copy or communicate an excerpt from the documentary series The Life of Birds from a DVD purchased at the ABC shop, although you could screen the video to you students in a live class though under s.28.
Other material on the internet
You cannot copy audio-visual material from the internet, unless already aired by an Australian network, without permission of the copyright holder.
A copyright notice must appear at the beginning of broadcast reproductions communicated to students electronically, such as via email or online via a secure server.
Each copy of a broadcast (the video tape, disc or container) must be labelled with required information including the date of the broadcast and the date the copy was made.
Music is covered by copyright, and the right to copy, communicate, or publicly perform or play music requires consideration of licencing the University holds under the Tertiary Music Licence.
Staff and students can perform, copy or communicate a majority of copyright musical works and sound recordings for educational purposes and for university events under the licence. The licence (through APRA, AMCOS, PPCA & ARIA) provides for the use of music across University spaces, events, and online. Universities Australia have developed a guide for the Tertiary Music Licence.
Some specific uses under the licence:
You can perform music (live or to cause a sound recording to be heard over speakers):
- at University events where ticket prices are less than $40 (plus GST) per person
- at University graduation ceremonies (ticket price is irrelevant for graduation ceremonies)
- for educational purposes
- as background music in University spaces (these are businesses that are 100% owned by the University such as cafes, retail shops, health centres, galleries, canteens, etc)
- in the workplace for the benefit of University staff (this includes putting music on your telephone hold system or playing music at staff events such as Christmas parties).
- Not grand rights works, dramatic context, choral works more that 20 mins duration, can't change lyrics or turn into burlesque
The Tertiary Music Licence permits the University to make use of music captured in videos as follows:
Videos that capture sound recordings in context
Federation University can:
- for AMCOS works, make them available as a stream on University social media channels and University websites (that is, websites operated by the University ending in ‘.edu.au’ or ‘.edu’)
- for ARIA sound recordings, make them available on University websites (that is, websites operated by the University ending in ‘.edu.au’ or ‘.edu’)
- sell them in a physical format (like a DVD) to the University community only for cost recovery purposes
- store them on a password protected University Platform, like a learning management system.
Videos that use sound recordings in post-production
Federation University can:
- make a video then add commercial music to the images later (post-production) and sell them in a physical format (like a DVD) to the University Community only for cost recovery purposes;
- store them on a password protected University Platform such as a learning management system.
Note: Videos using sound recordings in post-production are not permitted to be shared online.
Videos that capture live performances of music (and do not capture any sound recordings)
If Federation University make a a video of a live performance and the video does not contain sound recordings, we can:
- store it on a password protected University platform (i.e. Moodle)
- stream it on the University website (i.e. website must end with 'federation.edu.au')
- stream it on official Federation social media channels
- provide a copy to staff and students in a physical format either for free or at a cost recovery price
*Educational purposes - means "in connection with a particular course of instruction or course of study and/ or research" of the university. Commercial activities, including commercial research are not within the ambit of the licence.
*University event is "an event organised or authorised" by the University and held at the university (or another venue), which includes live musical performances by students or staff. Events organised by a third party (e.g. a promoter) and occurring on University grounds are not covered by the Licence and require a separate licence from OneMusic.
*University purposes - not for commercial or promotional purposes.
There are no limits, the whole image can be copied, though images taken from print sources cannot be available individually at a commercial price and in a reasonable time. No check is required for electronic sourced images. Under s.113P you can copy and communicate images (photographs, paintings, drawings, cartoons, diagrams, graphic art etc.) for educational purposes without seeking permission from the copyright owner. You cannot adapt or remix the image.
Notice requirements when copying images
Electronic copies must have the s.113P copyright notice displayed immediately before or at the same time as the image.
Alternative sources for images
There are a number of sites dedicated to providing access to open content licenced material such as Creative Commons and Flickr. For a clear explanation of Creative Commons licences and how they work, view this YouTube video uploaded by Creative Commons Aotearoa New Zealand.
Copying outside the s.113P licence
Where images have been used under alternative licencing arrangements such as through Creative Commons or a licenced database you should not use the s.113P copyright notices discussed above. Instead, you must abide by the terms of the individual licence or permission you have obtained.
There are no limits to the amount used under Creative Commons or open licences. Check the terms for use of content on websites, as they may allow use for education with acknowledgement for example.
This also applies to publisher supplied slides and material which accompanies texts.