Copyright for teaching staff

Here you’ll find copyright guidelines for teaching staff at the University of Auckland.

Using third party copyright works for teaching and examination purposes

Teaching often involves using content created by others, both in the classroom and exam room or made available in CANVAS or TALIS. This can be in the form of multimedia presentations, assignments and extra readings. Most of this content will be protected by copyright. Use of this content relies on exceptions set out in the Education provisions of the Copyright Act and on the licences the University subscribes to which either permit copying or extend the amount that can be copied under the Act.

TEC Funding Rules - print course packs

Under the TEC rules, the University cannot charge for course materials provided to students, where the student has no option but to purchase from the University. In practice those departments wishing to continue to sell print course packs to students must also provide a free electronic version through Talis or Canvas or another secure environment. This also applies where students are provided with a course book or a handout which can be used in an open book or restricted book examination.

Read more about Course materials - TEC Compliance.

Copyright Act

Literary dramatic, musical or artistic works

You can make a single copy of a literary, dramatic, musical or artistic work for the purposes of teaching.

If you want to make multiple copies to distribute to your students you can only copy 3% or 3 pages of a literary, dramatic, or musical work. If you are copying 3 pages, then you cannot copy more than 50% of the work. If the work consists of 2 pages – you can only copy 1 page.

You can copy the whole of an artistic work which is included in that 3% or 3 pages. Note that you cannot copy films or sound recordings under this provision.

Website content

If you wish to share a work which has been made available on a website with students and you are concerned that the content could be removed from that website then there is a provision in the Copyright Act which allows web content to be stored in the Learning Management System such as CANVAS which is restricted to students enrolled in a particular course. You will need to identify the author, the source of the work and include the date on which the work was posted in Canvas. You must remove the work once it is no longer needed for your teaching purposes.

Copyright warning notice

The table below is a guide specifically for teaching staff that outlines entitlements to use and copy material, according to the education provisions of the Copyright Act and the various licences that the University holds. Don't forget, all use of copyright material is subject to the "moral rights" of the author/authors. If part of a copyright work is copied, it must always be accompanied by sufficient attribution, and must be reproduced faithfully.

Copyright compliance for teaching materials and Talis reading lists.

University of Auckland teaching staff must use Talis reading lists to provide students with copyright compliant online access to course readings. See Talis lists for staff to learn how to make lists and request digitisations to ensure copying is compliant with the Copyright Licensing Limited (CLL) licence and recorded for future reporting to CLL.This is to ensure that the information about what has been copied can be provided to the content aggregators and Copyright Licensing Ltd (CLL) who then distribute the licence fees paid by the University to the publishers and authors of the content that has been copied under the CLL licence or accessed through the library databases.

Course materials copyright compliance matrix.

Images and diagrams

Guidance on using images, diagrams and other resources in your power point slides, which have been copied from hard copy books, websites, journals and CDs and uploading these into Canvas.

Images and Diagrams – multiple copies for students
If you are using images and diagrams created by employees of the University in the course of their employment, copyright in the content may belong to either the individual staff member or the University. Check the University of Auckland IP created by Staff and Students Policy.

Copied under the CLNZ licence

Category Copy for teaching Multiple copies for students
Book: hard copy Yes You must request digitisation of the item using a Talis reading list to comply with the CLL licence
Anthology of poems, plays or short stories: hard copy Yes You must request digitisation of the item using a Talis reading list to comply with the CLL licence    
Essays or chapters written by different authors: hard copy Yes You must request digitisation of the item using a Talis reading list to comply with the CLL licence
Periodical article and foreign newspapers: hard copy Yes You must request digitisation of the item using a Talis reading list to comply with the CLL licence
NZ newspaper: hard copy or online Yes You must request digitisation of the item using a Talis reading list to comply with the CLL licence

Copied under the Copyright Act

Category Copy for teaching Multiple copies for students
eBook Yes Provide a link to the work if held in the LibraryYes, 3% or 3 pages, but no more than 50% of a work and 14 day rule applies*
Literary work: online - make an electronic copy Yes Yes, only on Learning Management System such as CANVAS
Literary work: online - make a paper copy Yes Yes, 3% or 3 pages, but no more than 50% of a work and 14 day rule applies*
Foreign newspapers: online Yes Yes, only on LMS, such as CANVAS
Film/Video: commercial DVD/Blu Ray No May show, but cannot make a copy unless teaching film making and the film  consists of or includes the making of a film or a soundtrack

* 50% rule and the 14 day ruleWhere you are relying on the Copyright Act to copy 3% or 3 pages of a work you may copy no more than 50% of the work. So if the work is a page long, then you can only copy half a page.Section 44(6) of the Copyright Act states that where a staff member is making multiple copies and relying on the Copyright Act to do so, for example copying from sheet music, then a further 3 pages or 3% of that part or another part of a work or an edition, cannot be copied within 14 days by or on behalf of anyone else in the University.

No copyright

Category Copy for teaching Multiple copies for students
NZ Acts, Bills, regulations and by-laws Yes Yes, not protected by copyright
Judgments of NZ courts (excluding headnotes) Yes Yes, not protected by copyright
NZ Parliamentary debates, Select Committee Reports, Royal Commission, Commissions of Inquiry, Ministerial Inquiry, Statutory Inquiry reports Yes Yes, not protected by copyright
Unpublished literary works Yes Yes, 3% or 3 pages, but not if that constitutes the whole work in which case up to 50% rule and 14 day rule applies*

* 50% rule and the 14 day rule. Where you are relying on the Copyright Act to copy 3% or 3 pages of a work you may copy no more than 50% of the work. So if the work is a page long, then you can only copy half a page. Section 44(6) of the Copyright Act states that where a staff member is making multiple copies and relying on the Copyright Act to do so, for example copying from sheet music, then a further 3 pages or 3% of that part or another part of a work or an edition, cannot be copied within 14 days by or on behalf of anyone else in the University.

Library database licences

Category Copy for teaching Multiple copies for students
Newspaper and periodical articles: subscribed library databases Yes Yes, but only via link to article on the database: check licence for inclusion in print course packs
Music: library databases Yes, you may play in class only Yes, so long as you only provide link. No copying unless terms and conditions of the database permit multiple copies

Screenrights licence

Category Copy for teaching Multiple copies for students
Film/Video: online Yes Yes, must be legally posted on the internet (unauthorised copies cannot be copied under the licence), if in doubt provide link only (Screenrights licence)
Film/Video: broadcast Yes Yes, may be streamed to authorised users (Screenrights licence)

Copyright owned by staff

Category Copy for teaching Multiple copies for students
Video created by staff Yes Yes, but only with permission of any identifiable individuals and copyright owner (if video recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required)
Photographs: unpublished Yes Yes, if copyright owner and identifiable individuals included in photographs have consented (if video recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required)

Copied under the music licence

Category Copy for teaching Multiple copies for students
Video created by staff containing 3rd party music Yes Yes, under the Music licence, if permission of identifiable individuals and copyright owner obtained (if video recorded in a public place where there is no reasonable expectation of privacy then consent of individuals not required)
Music: commercial CD; online; or broadcast music Yes Yes, can be copied under the Music licence but must be for University’s educational purposes. The only copying which is allowed for internal educational purposes is of content which is broadcast or made available on the Internet under the Screenrights licence.

Examinations

Staff and students may copy anything for the purposes of examination. Section 49 of the Copyright Act allows anything to be done for the purposes of an examination. This can involve setting the questions, communicating the questions to candidates, or answering the questions. Assignments, and theses and dissertations which count towards a student’s final grade in a course are considered by the University to be “examinations”.