Training and Education

 Copyright and StudentWeb – Guide for staff.            

Material uploaded to StudentWeb (Moodle) is subject to copyright law. This includes written materials, images, videos and sound files. Linking to material is fine, unless you link to an illegal copy. 
Material that is freely available online is generally protected by copyright, even if it does not say so. If the work does not explicitly say that it can be reused, you should assume that it is protected, and cannot be uploaded to your unit. Check the terms and conditions to see how a resource can be used. 

1.    Attributing ownership
All uploaded materials, including text and images, should be attributed. You should provide sufficient information for someone else to identify and locate the original source, and also to show what right or permission we have to use the work. 
The attribution should include:
•    Creator’s name
•    Name of copyright owner (if different to the work’s creator)
•    Date of publication (put n.d. if you cannot find a date)
•    Title of the work (if the work does not have a title, use a short description of it instead)
•    Publication/access details (for online materials, this would be the URL or platform name; for a book, use the publisher’s name)
•    Portion copied, where applicable e.g. chapter 2
•    Details of the conditions this has been uploaded under (more detail on this is provided later)
Sample attributions: 
© Mike Babcock. 2011. Engine. Flickr. (CC BY 2.0)
OR
© Ford Motor Company. 2015. Locking your new car. www.ford.com.au/madeup/notreal (Uploaded with permission.)
If there are multiple copyright owners for a work, this should be made clear in the attribution e.g. 
© Box Hill Institute except as indicated
In this example, attributions would be provided for the third party content at the point of use.
Text © Box Hill Institute, Images: Unsplash, public domain. 
 

2.    Material that can be freely used
2a. Material created by Box Hill Institute
If the work was created by Box Hill Institute, you can use this material as you wish. Just make sure you include a BHI copyright footer on every page.
Sample attributions:
© Box Hill Institute [year resource first produced in this form] All rights reserved.
If the resource contains a mix of work created by Box Hill Institute, and third party materials, credit the work as: 
© Box Hill Institute [year resource first produced in this form], except as indicated. All rights reserved.
Provide attributions for the third party materials where they appear in the resource.

2b. Material where copyright has expired
In Australia, copyright has generally expired if the author died prior to 1955, or, for government publications, if they were published more than 50 years ago. Note that you must be careful – published editions are protected for 25 years, so if a new version of Shakespeare is published today, it will be protected by copyright for 25 years. Reproductions of older material may contain things like an introduction, or cover art that are protected by copyright.

Works that are out of copyright can be freely used by anyone, for any purpose.  Best practice is to attribute these works, but at a minimum, you need to make it clear that the work is out of copyright.  This enables someone else to know that the work has been used legally.  

Sample attributions:
Charles Nettleton. 1880. Ned Kelly in chains. State Library of Victoria (out of copyright.)
State Library of Victoria (out of copyright)
 

2c. Material in the public domain.
Sometimes the copyright owner will specifically waive copyright by licensing their works with a public domain licence.  (This is not the same as being freely available online - most online material is protected by copyright, even if this is not specifically stated.) Material in the public domain can be used freely, however you like.
The creative commons CC0 licence is an example of a public domain licence. Other sites with public domain licenced images include Unsplash, Pixabay, and Pexels public domain. (Some sites contain a mix of public domain and copyright protected works – check the licence type for each item you use.)
Attribution is not legally required for works in the public domain, but is still recommended best practice. At a minimum, it needs to be clear that the work is public domain licenced 
Sample attributions:

David Clode. 2019. Leaf veins. Unsplash. (Public domain).
Unsplash, public domain.
Multiple public domain images can be attributed together e.g. All images out of copyright.

2d. Creative commons

Sometimes creators are happy for other people to reuse their works, and will licence them under a creative commons licence. 
Creative commons materials include details of the licence type with the work e.g. 

The licence lets you know how the work can be reused. Include the licence type as part of the attribution when you reuse the work, and make sure you follow the conditions of the specific licence. All creative commons licences, except CC0 1.0, the public domain licence, require attribution.

Visit the creative commons website for more information, and to search for creative commons content to reuse. 

Recent Australian government publications are usually creative commons licenced, though this may exclude things like the coat of arms, logos and content not created by the government.
Sample attribution:
Jim Dollar. 2021. Zen sun flower on black. Flickr (CC BY-NC 2.0)
Note that this includes links to both the original work, and to the licence it is available under.
 

3.    Uploading materials for educational purposes under statutory education licence 113P
Limited amounts of third party (i.e. non-BHI) copyright material can be uploaded to StudentWeb for educational purposes under Part 113P of the Copyright Act 1968. Box Hill Institute pays for material uploaded under our statutory licence, so this should be minimized where possible. Better options are: linking to material; using creative commons or public domain materials; or getting permission from the copyright holder. The amounts that can be copied under the statutory licence are:
•    10% or 1 chapter of a book
•    1 article from a magazine or journal
•    10% of the words from an online source, such as a website or online document.
•    All of an artistic work (if the work cannot be purchased commercially)
•    10% of a musical work
•    None of a video or sound recording (see section 7)
These are the limits for the whole Institute – we cannot upload 10% for one course, and a different 10% for another. 
These limits apply even for items that are available free online.
Works copied under section 113P must be attributed, and should include the following copyright notice, before the material: 

Text, Artistic Works and Broadcast Notice

[WARNING]
This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright 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

Sample attribution: 
© Cheetham. 2020. Advanced building and joinery skills, 3rd ed., Cengage. Chapter 4: Install wet area fixtures. (Uploaded under statutory education licence.)

4.    Uploading material with permission
If you want to upload more than the amounts listed for educational purposes, you must get written permission from the copyright holder (unless the work is in the public domain or creative commons licenced).  Permission is often given for materials that are freely available online. The library can help with this process.  
The library should be advised of any permissions that you have been granted so they can be added to the Institute’s permissions register on OurSpace. You may use materials already listed on the permissions register, as long as you abide by the terms and conditions for that specific permission.
Materials uploaded with permission should note that they have been uploaded with the permission of the copyright holder in their attribution. 
Sample attribution: 
© SirsiDynix. 2019. My account. Box Hill Institute iLink catalogue. (Uploaded with permission). 

5.    Library subscription resources
Library online resources (such as eBooks, journal articles, Standards online etc.) are purchased via subscription. For these resources, it is the contract with the vendor that controls how the material can be used. Generally, you are not permitted to upload materials from library subscriptions to StudentWeb. Instead, provide students with a link to the item. Australian standards may not be uploaded to StudentWeb.

6.    Uploading materials for non-educational purposes
Materials that are uploaded for non-educational purposes (e.g. for marketing or aesthetic reasons) do not fall under the educational statutory licence outlined in section 3. Materials can only be uploaded for non-educational purposes if they are:
-    Out of copyright;
-    Creative commons or public domain licenced;
-    Box Hill Institute produced; or
-    Uploaded with the permission of the copyright holder. 

7.    Videos and sound recordings
It is generally illegal to download a video or sound recording and upload it to StudentWeb, unless you have the permission of the copyright holder.
Where there are links or embed codes provided on online video platforms (e.g YouTube, Vimeo, SafetyHub, ClickView), these may be reused on StudentWeb.
Box Hill Institute does not have a statutory broadcast licence that allows radio and television programs to be recorded and uploaded to StudentWeb. 
CDs, videos, live television and radio programs, and online television programs (e.g. ABC iView or other catch up services) may be shown to students in class, for educational purposes but must not be recorded. If you are delivering via MS Teams you must not record of that section of your session. 

8.    More information
Copyright requirements for StudentWeb, Box Hill Institute’s online copyright training module provides more detailed information than this guide. Successful completion of the quiz attached to the module will be recorded against your PD record on the Institute’s Employee Self Service Module.
Other good sources of copyright information include:
•    SmartCopying –this provides a wide range of copyright for schools and TAFE Institutes;
•    Australian Copyright Council – while not specifically aimed at TAFEs, this site has a lot of easily understood copyright information; and
•    Copyright Act 1968 and Copyright regulations 2017 – the legislation.
For specific legal advice, contact the BHI Legal team.