Copyright and teaching

The Copyright Act includes a number of provisions that allow copyright material to be used for teaching.

Copyright and the LMS

Readings Online can make textual material and images available on the LMS for you and ensure that all the copyright requirements are met. For more information, see Readings Online.

If you wish to make material available yourself, you must comply with the following conditions:

1. Limit the types and amounts of material.
2. Acknowledge all material with a proper and accurate citation.
3. Display the required copyright warning notices.
4. Restrict access to staff and students involved in the subject. Access can be granted to external people who assist with teaching or administering the subject.

Only legitimate copies of material can be used, so be careful when using material from the web. If you have trouble locating legitimate copies, please contact us.

Copyright and handouts

If you wish to make copyright material available as a handout in class, the following conditions apply:

1. Limit the types and amounts of material.
2. Acknowledge all material with a proper and accurate citation.

There are no limits on the number of copies that you can make. If there are 400 students in the course, you can make 400 copies of the handout, plus spares.

☜ Use the side menu to find out more about copyright and teaching topics.

When including copyright material for educational purposes in a PowerPoint presentation, for the purposes of showing it in class, giving it out as a hardcopy or displaying it in the LMS do the following:

1. Limit the amount copied
   • Limitations on the amount of print material copied depends on the type of copyright material included in the PowerPoint. The general rule of thumb with print material is 10% of the total number of pages or 1 chapter whichever is greater.
   • Images from print sources, such as textbooks can be included if they cannot be separately purchased at a 'reasonable price within a reasonable time'.  Check with the Copyright Office for guidance.
   • There is no need to check if an image is available for purchasing at a 'reasonable price within a reasonable time' if the image is from an electronic source.
2. Attribute all material with a full citation.
3. Include a copyright warning notice on the PowerPoint. The notice should appear either before the PowerPoint is opened or on the first page of the PowerPoint. Copies of the notices are available here.
4. PowerPoints placed on the LMS must be restricted to University of Melbourne staff and students, only.

Educational purposes are defined as reproducing or communicating material for a particular course of instruction or for the administration of that course. Educational purposes do not cover the use of copyright material in PowerPoint presentations for public lectures or other purposes. For more information, see the Statutory Licence for educational purposes.

The Copyright Act allows the showing or performing of copyright material, e.g. films in tutorials. There are no limits on the types of material that can be shown, an excerpt of a work or an entire work can be shown. The audience must be restricted to students and it must be for educational purposes.

These provisions do not apply to lectures, conferences or other events that are open to the public or are not for educational purposes - see public events.

If there is a need to reproduce the material so it can be shown in lectures such as for a PowerPoint or so as to make a compilation of music or for a compilation of film excerpts, limits will apply - see limits on using copyright material for teaching.

Recording lectures

The provisions that allow any copyright material to be shown in class do not apply when that material is recorded. The restrictions that apply for loading copyright material onto the LMS apply when recording copyright material for a lecture. Certain conditions must be met if including copyright material in a recording. You must:

1. Limit the types and amounts of material.
2. Acknowledge all material with a proper and accurate citation. This can be done by including a citation in the PowerPoint or by making an announcement in class.
3. Display the required copyright warning notices. If the lecture is being recorded via Lecture Capture the notice will be inserted automatically by the Lecture Capture System.
4. Restrict access to staff and students involved in the subject. Additional access can be granted to external people who assist with teaching or administering the subject via the LMS.
5. Pause the lecture recording when third-party copyright material is in use, and resume the recording once completed. See this guide for further information.
6. Remove any copyright material from the lecture recording. See the Lecture Capture - managing recordings guide for further information.

Some copyright material that is shown in class. For example, a purchased DVD of a film or TV show can be shown in class, but it cannot be recorded. In this instance a broadcast copy could be linked to or permission would have to be sought.

If unsure contact the Copyright Office.

The Copyright Act allows copyright material to be included in exam papers for the purpose of asking or answering questions. All types of copyright material are included:

• Literary works (e.g. book chapters, journal articles, newspaper articles, poems etc.)
• Dramatic works (e.g. plays, scripts etc.)
• Musical works (i.e. sheet or notated music)
• Artistic works and images
• Films
• Sound recordings and recorded music.

There is no restriction on the amount of the work that can be included – either an excerpt or the work in full.

This provision applies to all types of exams – sit-down, online exams and take-home exams. It covers not only formal end of year or semester examinations, but also tests given throughout the semester. However, this provision only allows for the copyright material to be included for the purposes of the actual exam. If the exam is being made available to students in print or online as either a practice exam or study aid, the provision no longer applies.

If an exam paper is made available, as either a practice exam or a study aid, access should be restricted to students, and any material should comply with the copying limits on using copyright material for teaching.

There are provisions within the Copyright Act that allow the University to reproduce copyright material for educational purposes under certain conditions. The Copyright Act defines educational purposes as reproducing or communicating (e.g. making available online or emailing) copyright material to enrolled students for a particular course provided by the University or for the administration of that course. Educational purposes do not cover other activities of the University, such as research, marketing and promotion or engagement, for example public lectures.

The statutory licence (s113P) covers the reproduction or communication of textual material, images and TV and radio broadcasts. Textual material includes book chapters, journal articles, sheet music, plays and scripts etc. Broadcasts also include pay TV, satellite TV and podcasts of broadcasts. The licence allows copyright material to be made available to students as class handouts, via email as well as online and via the LMS. Copies can also be provided electronically on DVD or USB drive etc. Contact the Copyright Office before uploading films or television programs to the LMS.

The statutory licence is not a free exception in the Act. The University pays an annual fee for the right to use this licence. These fees are then distributed by Copyright Agency and Screenrights to authors and creators as royalties. Copyright Agency and Screenrights are collecting societies representing copyright owners and creators. They administer the statutory licence on behalf of their members. Screenrights represents TV and radio broadcast copyright holders and Copyright Agency represents textual material and image copyright holders.

Many academic staff are also authors and creators and may be eligible for royalties under the statutory licence if they are a member of Copyright Agency or Screenrights.

The statutory licence  does not cover all database material. Databases are licensed to the University on individual licences, under separate terms and conditions that the University must adhere to.  Check the University catalogue for the terms and conditions of usage for individual database licences. Terms and conditions of usage can limit the downloading of database licensed material and can limit the uploading of database material into the LMS. For assistance in linking students to database material please contact Readings Online.

For more information on using material under the statutory licence, see copyright and teaching.

There are additional provisions that allow copyright material to be performed in class - see using copyright material in lectures – and included in exams and tests – see copying material for exams and test questions.

The statutory licence covers very limited use of music, so the University also has a licence with the Australian music industry for the use of recorded music for educational purposes. Again, an annual licence fee is paid to the music collecting societies, APRA/AMCOS, ARIA and PPCA, who then distribute royalties to their members. For more information see the music licence.

Adhere to the following table from Copyright Agency when using AI under the Educational Statutory Licence.

The University has several copyright licenses that allow music and films to be used for educational purposes. The following can be done under these licences:

• The provision of copies of recorded music, either as downloads or via streaming services.
• The recording or live performing of music, so that it can be included in live streams or lecture capture recordings.
• The provision of copies of sheet music, either online or in hard copies (some limits apply) for students.
• The showing of films or excerpts of films in class and as part of live streams.
• The Copying of broadcast films, for inclusion in lecture capture recordings.
• The provision of copies of broadcast films, either as downloads or via streaming services.
• The provision of copies of other types of copyright material such as images and text, e.g. book chapters or journal articles, either online or in hard-copy, (some limits and conditions apply) to students.

The library also subscribes to a number of databases for sheet music, recorded music, film and images. There are several Library guides to help with the location of music, audio-visual materials and other library collections.

Quick links

• Media Collections for Fine Arts and Music 
• Kanopy (film and video streaming)
• Finding media for visual and performing arts library guide
• Finding images library guide
• For further assistance contact the Copyright Office.

Performing music and other material in class

Live and recorded music can be performed in class. Other types of material such as films or images can also be shown in class. Material can be shown in part or in full. Some restrictions apply if the material must be reproduced for it to be shown in class, e.g. copying sheet music to provide students with a copy to perform in class or copying an image to include in PowerPoint slides.

Live streaming

Live and recorded music and films can be included in a live stream of a class. Other types of material such as images can also be included as part of the live stream.

Using Lecture Capture

If a lecture is being recorded via Lecture Capture and the lecture includes copyright material, such as music or films, it is not always possible to include the copyright material.

Different restrictions apply to different types of copyright material included in Lecture Capture. Images (e.g. included in PowerPoint slides) and recorded music (live performance or pre-recorded) can be included. Films can be included if they are a copy of a television broadcast. If the film is from another source, including it will depend on the type of film and/or how long the clip is. (Film sources, other than broadcasts include digital downloads, streamed films, DVDs and YouTube clips.) Due to the complexity of making films available via Lecture Capture, it is recommended that film clips are excluded by pausing the recording when the clip is shown and restarting once finished. Copies of the film can then be made available separately by linking (e.g. YouTube clips) or by providing library copies.

Please contact the Copyright Office if assistance is required when making films available, via Lecture Capture.

Extra information about using Lecture Capture, can be found in the Learning Mangement System pages.

Including music, films and other material in Lecture Capture

Copyright material can be included in Lecture Capture recordings however, different restrictions and limits apply to different types of copyright material. Images and recorded music (live performance or pre-recorded) can be included. However, the rules for including films in Lecture Capture are much more complex. Whole films or clips can be included if they are available from Kanopy or are copies from broadcasts. Please contact the Copyright Office if assistance is required for including films or film excerpts outside of these services.

Making music and other material available online

The following limits apply when making material available online or in hardcopy formats, such as handouts.

Print music

The Music Licence allows the use of printed or sheet music for the following purposes:

• Physical or digital copying for educational purposes.
• Physical or digital copying for the purposes of giving a performance at a University event.
• Storing and providing access to digital copies for University staff and students via the LMS.

Using print music under the licence is subject to the following conditions:

• Excess copies of sheet music cannot be made.
• The licence only allows scores owned by The University to be copied. Borrowed scores, scores owned by staff or students or copies of scores cannot be used. Additionally, staff cannot copy from copies that are downloaded for personal use.
• Alterations to lyrics or new arrangements to the music are not covered under the licence.
• Copies can only be given to University staff and students.
• Copies must be destroyed or taken offline when no longer required.
• Copies must be labelled with the following information:

  Copy made pursuant to a licence between Universities Australia and AMCOS

  Title of work

  Composer

  Lyricist

  Arranger (if applicable)

Recorded music – streaming and downloading

The University has a range of options that allow for the streaming or downloading of musical works, such as the Naxos Music Library. More information can be found on the Media Collections for Fine Arts and Music Library Guide. Additionally, staff can include sound recordings (both musical and non-musical) from radio broadcasts, within teaching material.

Films – streaming and/or downloading

Films, TV shows and other video content can be made available online for students, subject to some conditions and limitations. Films may be available via Library databases or through streaming services, such as Kanopy.

Films or video clips are available via YouTube and Vimeo and films and videos, within the catch-up streaming services, such as iView or SBS On Demand. These services can also be linked to and shared via the LMS. If using clips from YouTube or Vimeo, check to make sure that the copies have been made legitimately available by the copyright owner.

Copies of films and other programs that have been broadcast on television can also be made available online to students. Broadcasts can be recorded and uploaded onto the LMS. For assistance, contact the Copyright Office.

Unfortunately, commercial DVDs or digital files cannot simply be made available on the LMS. Additionally, most popular culture streaming services only offer individual licences which may not be appropriate in an educational setting. If assistance is required for sourcing a commercially available film for educational use, please contact the Copyright Office.

Sourcing music or audio-visual content

Music can be sourced from Library databases (linked to only) or from CDs, LPs or other physical formats held in the Library or from a personal collection. Files downloaded from iTunes, Apple Music or similar online music sites (legitimate ones) can also be used. This usage is covered by the music licence the University has with the music industry. Linking to Spotify playlists or tracks is also allowed. However, students must create an account with Spotify which may raise privacy issues for students not wishing to join the service. Also, be aware that free accounts on Spotify are feature limited.

For assistance in sourcing music or audio-visual content, please contact the Copyright Office or the school or faculty's Subject Liaison Librarian.

Using music and other material in exams and tests

Copies of sheet music and recorded music, as well as other copyright material, can be made available to students as part of an exam or text question. See copying material for exams and test questions.

About the copyright licences

There are provisions within the Copyright Act that allow the University to reproduce copyright material for educational purposes under certain conditions. Educational purposes do not cover other activities of the University, such as research, marketing and promotion or engagement, such as public lectures. The Copyright Act provisions include the statutory licence which covers the reproduction or communication of textual material, sheet music, images and TV and radio broadcasts. The licence allows copyright material to be made available to students as class handouts or via email as well as online on the LMS via Readings Online (text and images) and streaming services (broadcasts). There are additional provisions in the Act that allow copyright material to be performed in class and included in Exams and Tests. The statutory licence covers very limited use of music, so the University also has a licence with the Australian music industry for the use of recorded music for educational purposes.

For more information about the University’s copyright licences, see the statutory licence for educational purposes.

There are provisions in the Copyright Act that allow material to be reproduced in accessible formats to assist staff and students with disabilities.

The provisions apply to any person with a disability as defined by the Disability Discrimination Act 1992. This includes people living with print or vision impairment, intellectual disabilities, learning disabilities, mental illnesses, people who are deaf or living with a hearing impairment, or people living with physical disabilities. Both permanent and temporary disabilities are covered under these provisions.

There are two separate provisions that apply when reproducing copyright material in accessible formats for staff and students living with disabilities, both of these provisions come under fair dealing. One provision covers institutions providing assistance and facilities for the copying of material into accessible formats on behalf of individuals living with disabilities. The other fair dealing provision covers the people who facilitate access to material for people living with a disability, this provision also covers the person with a disability facilitating their own access. Educational institutions such as The University are included in the definition of institutions assisting people with a disability. Therefore, this provision comes into operation when The University's staff and facilities work towards assisting a student living with a disability.

The two provisions are very similar and are intended to ensure that people with disabilities have the same access to copyright material as people without disabilities.

The provisions apply to:

• staff and students with a disability that causes them difficulty in reading, viewing, hearing or comprehending copyright material,
• all types of copyright material – literary, dramatic, musical or artistic works and films or sound recordings.

Benefits include:

• Copyright material can be converted in whatever accessible format is required by the staff member or student.
• Once converted the accessible copy can be made available to the staff member or student online for example via the LMS, email or a personal cloud space, such as Dropbox.
• Accessible copies can be used by staff or students with disabilities for whatever purpose they need. The provision isn't only limited to research or study, personal use is covered as well.
• Copies of material in accessible format can be kept and reused by other staff or students with disabilities. Copies can also be shared with other institutions assisting people with disabilities.
• Allows third parties to convert material to accessible formats on either the institution’s or individual’s behalf. For example, it is permitted to allow an external company to caption a lecture recording for a student who is deaf or hearing impaired.

If the copyright material is protected by a technological protection measure (TPM) that prevents the material from being copied, then the TPM can be broken so that the work can be converted into an accessible format.

Material that is converted to accessible formats under these provisions should be correctly cited and include a copyright notice. Access should also be restricted to staff or students with a disability. Contact the Copyright Office if making an accessible copy available to users outside of The University.

There is one key difference between the fair dealing provision for an institution and the fair dealing provision for the individual. Institutions are required to check if the material is already commercially available, in a format that meets the accessibility requirements of the student/staff member that requires the adjusted format. Institutions may still be able to make an accessible copy if the determined use of the accessible material is deemed fair.

The following fairness factors must be taken into consideration to determine if copying is fair:

• The purpose of making the copy. Does the commercially available copy meet the needs of the individual living with a disability? Can the material be obtained for the individual in a useful time period?
• The nature of the material. Is the material published and in print and readily available or is it unpublished or out of print and not easily available?
• The effect of making the copy on the potential market or value of the work. It is unlikely that a more accessible copy would have a big impact on any potential copyright market.
• The amount and substantiality of the part. Only copy the amount of a work that is needed to meet the accessibility needs or potential accessibility needs of the student.

For further advice please contact the Copyright Office or Student Equity and Disability Support.