Copyright checklist

It is the responsibility of the course developer to clear all copyright material. Copyright legislation is a complex and constantly changing, so The Learning Place will check that appropriate clearances have been obtained before your course 'goes live'.

Course developers should also be familiar with the Education Policies and Procedures Register (EPPR) Item LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name.

Obtaining copyright clearances can take from a few weeks to several months, so seek permission to use copyright material early on in your course development. A copyright holder may also request a fee.

Written permission is required for the following:

Content owned/developed by someone else

Words, pictures, characters, graphics, tables, logos or trademarks taken from books, websites, brochures, newspapers, magazines or advertisements… are all examples of content which is protected by copyright. This also applies to video, audio, photos, images, or clipart owned/developed by someone else.

In some cases an existing licence agreement may cover the use of some of these materials. In particular, Learning Place members can access a range of learning objects, images, video and sound resources that have already been licensed for educational purposes by The Le@rning Federation. These can be found in the Curriculum Exchange resource centre.

For other content, however, this can only be assessed on a case-by-case basis. Generally speaking, you will have to apply for permission. Permission must be sought for non-licensed content using both the Consent Form and Schedule provided as part of the Education Policies and Procedures Register Item LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name.

Exception for content created by departmental staff

You do not generally need to seek consent for content that has been created by departmental employees in the course of their work, whether or not it was created in normal work hours or using departmental facilities or equipment. This is because, where copyright material is created by a State employee (teacher, teacher aide, school administrative staff, guidance officer and any other State employee) while performing their duties under the terms of their employment, the Copyright is owned by the State as the employer (section 35 Copyright Act 1968). There are limited exceptions to this where the employee has prior agreement from the employer.

Moral rights, including the right to be attributed as the creator of the work, will normally still apply. For further information refer to the Queensland Public Sector Intellectual Property Guidelines.

Personal details including name, images and recording

Anyone - whether a teacher, other EQ employee, parent, member of the public, volunteer or student – whose personal details appear in your course must consent to the publication of those details. This includes their name, image or sound/video recording. All contributors to your course should be made aware of its purpose and intended audience. Most people are more than willing to assist and give their permission. Use both the Consent Form and Schedule provided in the EPPR Item LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name.

If your school has already collected a correctly completed Consent Form (ensuring it is the correct and current version) then only a Schedule needs to be collected, but a copy of both should be kept on file.

When you seek someone’s consent you should attach a brief covering letter to the Consent Form and Schedule to explain the purpose and intended audience for your course. Generally speaking, where the individual is under the age of 18, the Consent form and schedule would be signed on their behalf by a parent or guardian.

Content requiring no prior permission

There is a growing body of content that is relatively free of restrictions and for which no prior consent is needed. This includes

Resources in the Curriculum Exchange resource centre for which permission has already been obtained
Online content from The Le@rning Federation which is available through the Curriculum Exchange resource centre
Material licensed under the Free for Education or Creative Commons licensing schemes

Take care to read the conditions of use and/or licensing terms as these vary from item to item, and you may need to ask for permission if your intended use goes beyond the terms of the existing licence.

Further information

Further information can be found in the EPPR Item LGS-PR-001: Consent to use Copyright Material, Image, Recording or Name.