Copyright

Permissions

This is a "quick reference" on the topic of copyright permissions and should be read in conjunction with The Gordon's Copyright Policy and Procedure documents.

 

 Introduction 

_{Good Practice Using Copyright - Chapter 3, Victorian TAFE Association Inc., Used with permission, 1/12/2015}

• You must always attribute third party content, and attributing doesn’t remove the need to get permission.
• Making changes to the content doesn’t remove the need to get permission.
• Copying small amounts doesn't remove the need to get permission.
• Inability to locate the copyright owner doesn’t remove the need to get permission.
• No reply from the copyright owner after you asked for their permission doesn’t remove the need to get permission.
• Insufficient time doesnt remove the need to get permission.
• Finding the content on Pinterest/Twitter/Instagram/Facebook/etc doesn't remove the need to get permission.
• If you require permission and do not have it, the material cannot be used.

 Do I need permission? 

If you are planning to use original content created by Gordon staff, then...

• no permission is necessary as The Gordon is the original copyright owner. 

If you plan to use content that belongs to someone outside the Gordon, this is called third-party content and the institute requires...

• written permission from the copyright owner to copy their content. An email from the copyright owner is sufficient for this.
  OR
• permission may be granted via a licence or possibly terms and conditions (eg: of a website). 

 

 Getting permission

Third-party content you wish to copy requires permission, so follow these steps...

Step 1: Check if the third-party content comes with a licence or terms and conditions that permit The Gordon to copy it.  If there is no licence or T&C's, or they don't permit the proposed usage, then proceed to the next step.

Step 2: Check if we have previously obtained permission. This information should be contained in The Gordon's Records Management System and staff from Records Management, Library or Education Development can assist teachers with this process.

If there is no existing permission, then proceed to the next step.

Step 3: With no existing permission or licence, you need to get permission. Requesting permission is a straightforward process, however, the permission must be provided in writing. An email response is satisfactory.

Request permission this way:

• Determine the copyright owner or author from the content itself or its source. 
• Email the copyright owner/author to request permission to use their material. Include details of how and where the material will be used. 
• Remember your first contact may not actually be the original copyright owner, so they may redirect your enquiry.
• Most copyright owners are happy for their content to be used and will provide a positive response however it may take some time to receive permission. Therefore... plan ahead, arrange your permissions early.
• Have an "alternative plan" in case the owner does not reply favourably or quickly.

 

 Storing permission

Once received, permissions are stored centrally in the Gordon's Record Management System. This way, staff and copyright auditors can search for permissions that already exist for content we wish to copy or have already copied. 

When you receive permission from a copyright owner to use their material, simply email an electronic copy of the permission to The Gordon's Records Manager, or to an Education Development team member, or to your Liaison Librarian so it can be added to The Gordon's Record Management System.

 

 Options that dont require new permissions 

Here are some options for sourcing content that do not require permission...

Strategy 1 - DIY 
Consider creating content that the Gordon will then own. Sometimes the time it takes to find a particular piece of content would be better spent making your own. Then you know there are no copyright issues and you and your colleagues can use the content however you choose. Examples include: take a photo, write your own course notes, film a process on your mobile phone, etc.

Strategy 2 - Check existing content
Check for content that the Gordon already has available. Ask questions of staff in your area or others who teach similar subjects. They may have already created suitable content. Or the institute may have previously received permission for some content you wish to use (a search of Records Manager will reveal this). The Gordon may already have purchased content that is suitable for your purposes. 

Student textbooks sometimes come with supplementary teaching materials that teachers are allowed to use in their teaching so long as the students have purchased the textbooks. Always check the textbook licence against your planned usage.

Ask a Gordon librarian for assistance as the library often has engaging content available now. For example, library databases contain training videos on many topics that are useful for staff and students.

Strategy 3 - Open licencing
Many content creators chose to openly share their works for free with no permission required. When searching online, refine the search criteria to search for public domain or Creative Commons (CC) licences.

CC licences allow creators to mix and match the restrictions they apply. There can be different levels of openness, so be careful to check that the CC licence conditions suit your intended purpose.

There is no need to register CC licences in Records Manager but you must correctly attribute the content in the copies you are making. That means including a link to the original content and the CC licence.

Strategy 4 - Consider buying content
If you know the content exists commercially, it may be quicker to purchase suitable publishers material than to create it yourself or wait for permission from elsewhere. Remember that you will need a manager's approval for purchases, and don't forget to check that the licence conditions suit your intended purpose before purchasing. You should also file the publishers licence in Records Manager so that staff and copyright auditors can easily find the licence later.