US Introduces New Copyright Exemptions
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Q&As on using material from the Internet for education
First read:
copyright basics webpage
Using text, images & notated music for educational purposes (Part VB)
- Recording from TV & radio for educational purposes (Part VA)
- educators webpage
| question | date | answer | more | qa |
|---|---|---|---|---|
| Can we apply the “anthology rule” to material available on a website? | 2/11/09 | The “anthology rule” (which allows you to copy all of a literary or dramatic work in an anthology if it’s no more than 15 pages long) does apply to material on the internet, but you need to take care how you apply it. You still need to be able to identify an “anthology” before you can apply the rule, and in our view it’s unlikely you could apply the rule to a website generally or to a collection of different pages on a website. In practical terms, the rule is likely to be available where you have, for example, speeches or essays or poems or short stories and so on all contained in the one file, such as a pdf or Word file. | Using text, images & notated music for educational purposes (Part VB) | QA0580 |
| Can an educational institution incorporate text and images from a website to use in a powerpoint presentation for the purposes of teaching the class? | 13/6/2009 | You will almost invariably be able to copy entire artworks such as illustrations, graphs, cartoons and photos from the internet to use for educational purposes. You can copy 10% of the words in any text you find on a website and you can copy an entire article from a newspaper or periodical, or multiple articles if they relate to the same subject matter. | Using text, images & notated music for educational purposes | QA0215 |
| Can I incorporate podcasts and vodcasts from a website into a PowerPoint presentation for a class I’m teaching? | 5/6/2009 | First look in the terms or conditions on the website to see if it allows the type of use you want to make of the material on the site (for example, the material might be broadly licensed under a Creative Commons licence, or it might state that the material may be freely used for educational or non-commercial purposes). If the terms or conditions on the site don’t help you, there are some situations where provisions in the Copyright Act may apply. Under Part VA, for example, you can copy podcasts and vodcasts of free-to-air Australian TV and radio, provided they have been made available by the broadcaster. In some cases, you may be able to copy other types of podcasts and vodcasts under section 200AB. You are more likely to be able to rely on this section if there is some particular reason you can’t access the podcast or vodcast “live” during your class and you only keep the copy for the particular class you are preparing. (In many cases, going direct to the podcast or vodcast via a link may, in copyright terms, be an easier option.) If you are relying Part VA or section 200AB, be aware that if you need to agree to terms and conditions in order to access the material, you will generally be bound by those terms and conditions despite the fact you may be entitled to copy under the Copyright Act. | QA0216 | |
| Can we reproduce articles from e-zines? |
1/2/2002 | Yes, if the e-zine is indeed a periodical; you may reproduce those articles from the one issue which are on the same subject. |
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| Is it OK to provide links to students, including within our Learning Management System? | 14/7/2009 | In our view, providing links to students will not generally raise copyright issues unless you are linking to material that you are aware infringes copyright. There may be further risks, under other areas of law, if the linked material is “framed” so that linked content appears to originate from your website or if the owner of the website you wish to link to has asked you to agree not to provide such links, but in the context of a Learning Management System, these risks are likely to be very slight. | QA0544 | |
| Can an educational institution reproduce material from the Internet? | 1/2/2002 | Part VB of the Copyright Act allows educational institutions to
download and copy text, images and notated music from the Internet. In
some cases, only part of the text or notated music may be used. |
More
- Smartcopying website (MCEETYA Copyright Advisory Group).