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Text and Images - Educational Statutory Licence

This section of the guide is addressed to staff. In this guide, the word "text" covers literary works (except computer programs), dramatic works, and musical works in a notated format such as sheet music. The word "images" includes pictures, photos, drawings, graphs, diagrams, plans, and anything else that is an "artistic work" for the purposes of copyright.

Copying of text and images by educational institutions for educational purposes may be done under the educational statutory licence set out in section 113P (Part IVA Division 4) of the Copyright Act (formerly Part VB). This statutory licence applies to both print and electronic originals.

The Act specifies limits on the amount that may be copied and communicated and requires institutions to make a payment to copyright owners. TUA has a remuneration agreement with the Copyright Agency, which is the relevant collecting society, who distributes royalties to the creators.

Under the statutory licence, staff may make hardcopy or digital reproductions, without seeking permission from the copyright owners, for the educational purposes of TUA. You may deliver the copied material on BlackBoard, in print format, on discs or other storage devices.

TUA is in the process of implementing a Subject Reading repository (eReserve) to facilitate the creation of subject reading lists, and once implemented all reproductions made under the statutory licence will be delivered to students via this repository in each BlackBoard site. The exception may be where multiple images are used to illustrate module content such as PowerPoint presentations for lectures, but all images should be fully referenced.

The definition of "educational purposes" is broad and includes, but is not limited to, use in connection with courses of study, administration that supports the educational activities of the University and inclusion in the library collection.

Under this licence, you may reproduce, in general terms:

  • 10% or one chapter of a book, whichever is the greater
  • One article per issue of a periodical, or more if they are on the same specific topic
  • The whole of a book that is not commercially available within a reasonable time
  • Images, under certain conditions.

 

Digital reproductions must have a copyright warning notice attached. The prescribed wording is available at Notices.

More details are provided in the Table under Copying Limits - Educational Statutory Licence.

Citing images

It is often easy to fill PowerPoint presentations or BlackBoard Module Content with myriad images easily available from the Internet and forget that these should be correctly referenced. This include photos, graphic artwork, diagrams and charts. Referencing should be applied in situ and/or as a ‘List of Figures’ at the end of a presentation/document, including the copyright warning notice.

1. To demonstrate best practice academic referencing to your students

2. To comply with the educational statutory licence which requires the University to attribute the source of both text and images communicated to students.

3. To comply with moral rights which, wherever possible, requires attribution of the creator, unless explicitly waived.

At the very least, if full information on the creator is unavailable, include the URL source of the image. If copied under a Creative Commons (CC) licence, also include the licence type.

"Thank You." by Sadie Hernandez is licensed under CC BY 2.0

Hernandez, S. (2009). Thank you. [photograph] Retrieved from https://www.flickr.com/photos/32364803@N04/3528468519

Stock images

If you use stock images, whether royalty-free or purchased, these should be attributed in accordance with the licence agreement or terms and conditions of the source website. Even if the licence indicates no attribution is required, they should be marked in some way, e.g. add the name of the source as text over the corner of an image or directly below. 

e.g. Image: Shutterstock.com