Online Copyright - FAQs
Reviewed: January 2008
This page has been kept for reference.
It will no longer be updated by ICVET.
Do I need permission to create/insert a link from my website to another site?
Generally speaking, permission is not required to provide a link (in the form of a name or URL) to another site, provided it is clear that the user has been sent to the other site - although the use of a logo as the link button would probably require copyright permission.
If a link takes a user directly to somewhere within the site that is not the home page (deep linking), then it is recommended that permission be sought. Use of such links could cause users to bypass important information that the site owner had intended to be seen/read by visitors to the site.
Also, it should not appear as though the material from the other site has been brought across to your site (framing), otherwise permission should be sought.
Now, although links generally do not require permission, it seems to be becoming industry 'good practice' that the owner of the other site is consulted beforehand, if only as a matter of courtesy. This contact may also lead to other positives such as information about further pertinent links. It can also alert the owner of the other site to any possible increase in traffic in relation to server needs.
NB Don’t confuse a permission to link with a copyright permission.
Who owns ideas and knowledge?
Short answer – nobody. Copyright does not relate to the ownership of knowledge or ideas. Copyright legislation is designed to offer legal protection to material forms of expression of ideas and knowledge.
Similarly, TAFE does not own the knowledge in our minds, however it does own the material we produce for TAFE as employees of TAFE.
What is the copyright status of material produced by students and privately owned by teachers/writers?
In most situations, copyright in the material produced by students as part of their course of instruction will be owned by the students themselves (as authors/creators), however some educational institutions may have a different view.
Copyright in the material created or produced by an employee or contractor (i.e. teachers or writers) during the course of their normal duties will be owned by the employer. However material created privately, and not as part of the employment duties, whether before or during some period of employment, will be owned by the individual. If the employer wishes to use this material, permission would have to be sought from the individual owner.
What is the copyright status of (a) ANTA produced material, and (b) material produced by other DET bodies?
a) ANTA Toolbox resources are ideally suited for use by the VET sector generally. The purchase of a Toolbox comes with a licence that allows you to use the material in a variety of ways, all documented in the licence.
Note that ANTA has been abolished from 30 June 2005 and that its functions transferred to the Commonwealth Department of Education Employment and Workplace Relations (DEEWR).
b) The New South Wales Department of Education and Training has published Copyright Guidelines which in part states:
All DET staff/contractors/consultants are granted a non-exclusive, royalty-free licence to use (but not to also customise or adapt) DET copyright material for the purpose of DET. This licence does not preclude a charge for cost recovery only.
Where a DET staff member/contractor/consultant proposes to customise or adapt DET copyright material then permission from that part of DET which developed the material or obtained the copyright must be obtained prior to any customisation or adaptation. Unless there is a written agreement to the contrary that part of DET which does the customisation or adaptation will be held to have developed the resulting material for the purposes of subsequent consents.
In other words, one arm of DET can use, unaltered, the material produced by another without the need to seek express permission. If, however, you wish to adapt or customise the material, then permission should be sought from the unit that produced it.
NSW DET staff can download a copy of these guidelines from the DET intranet .
When do you need to obtain a clearance/permission?
Generally speaking, any use of non-DET/TAFE material in an online format will require the permission of the copyright owner. There are a few exceptions to the rule but, in the vast majority of situations, permission will be needed.
If the amount of material to be used is small in relation to the whole work from which it comes, it may be regarded as insubstantial and therefore not requiring a permission. However, caution needs to be exercised as the test for substantiality needs to take into account qualitative factors as well as quantitative ones.
Of course if the material in question is out of copyright (generally, life of author/creator plus seventy years) it is free to use (it is also quite old!).
Also, as mentioned earlier, it is only material expressions of ideas and knowledge that are afforded copyright protection. So, if you take someone’s idea and express it in your own words, you don’t require permission, although a reference to the source of the idea or ideas may be appropriate to avoid any plagiarism issues.
One last point is that permissions should always be obtained in writing and a non-reply to a copyright request should not be taken as a default permission.
What information do you need to supply when seeking a copyright permission?
- Full details of the item and its source (title, description, author/creator, publisher & year of publication)
- How the material will be used/treated (scanned, re-keyed, adapted etc)
- Details of the product(s) in which the material will be included
- How/where/why/to whom our product will be distributed/marketed or who will have access.
I think it is always a good idea to send a copy of the original item and a copy of how it will appear in your product (before and after) with the copyright request.
When and where can we use clipart?
Clipart is best regarded as being OK for personal use but not for business/commercial use. As the products we produce, whether in print, multimedia or online format, must be clear for commercial purposes, this would seem to rule out the use of clipart.
On another level, it would be hard to argue that the inclusion of clipart in our learning materials is educationally relevant. Rather, their use would seem to be nothing more than decoration.
Related Resources
- Online Copyright
- Online Conferencing and Forums for Learning
- Online Chat for Learning
- Graphics and Images for Learning
- Online Instructional Design
- Online - Writing for the Web