Attribute:
You need permission to use another person’s/orgainsation’s work. Even though there are exceptions to this, in nearly all cases, the creator/owner must be attributed.
When you don’t have to attribute:
There is no need to attribute your own work, though it can be a good idea.
Quotes and extracts, including paraphrasing, generally do not need to be attributed if they are an insubstantial part of the work. However, ethical practice and academic integrity requires an appropriate reference to be used to recognise the use of even insubstantial amounts of another’s work. Names, slogans, titles, and headlines are usually considered too unoriginal or small to be a ‘work’ and so are not copyrightable or need attribution (ACC, 2020c).
In cases where there is no copyright, or it has expired, interpretations differ. Melbourne Polytech (2021) recommends to always attribute, even public domain material; whereas the University of Wollongong (n.d.) claims there is no need to. However, it is best to defer to the National Copyright Unit (n.d.) statement that, all of another person’s material, copied or communicated, should be attributed.
Copyright:
Copyright applies the moment the work is created, either online or offline. When a person’s idea or information moves from its incorporeal state to a material existence, this ‘fixed’ ‘expression’ automatically becomes copyrighted work (CoA, 2016).
Copyright does expire. In Australia, depending on the type of work, copyright lasts for 70 years following the death of the creator, or after the work is first made public, whichever is the later (CoA, 2016). This material then becomes public domain.
Section 28 of Australia’s Copyright Laws provides exceptions to requiring copyright permission. Using another’s work for educational instruction is not deemed to infringe copyright if the audience is part of the instruction or place of instruction; this includes live performances, films and broadcasts (PoC, 2020. p. 39).
Australia’s fair dealing also provides exceptions if used for certain purposes, such as research and study (PoC, 2020; ACC, 2014). A teacher or student does not need permission to use a ‘fair’ portion of a work, with early guidelines suggesting up to 10% of a text or a single chapter; though, this has loosened somewhat (ACC, 2020b). Determining what is ‘fair’ requires objective judgement (ACC, 2020b), so it is best to be frugal and honest.
What is Fair Dealing, University of Guelph, YouTube video
Certain Education Licenses, such as the Statutory Text and Artistic Works Licence, provide further scope for the education institute and its staff to copy and communicate relevant material without seeking permission (National Copyright Unit, n.d.).
Online ‘linking’ to non-infringing copyright material/websites does not constitute copyright infringement as there is no reproduction/distribution occurring (Northern Territory Government, n.d.). ‘Embedding’, or ‘framing’, is a little trickier. It should be avoided if possible, or the owner’s permission sought (ACC, 2017). Websites and individuals, such as YouTube uploaders, sometimes provide express permission, indicated by accompanying ‘embedding’ options next to the material; however it is best to be critical and sensible when considering such an approach (La Trobe University, 2020).
Social media is another murky field and is constantly being reviewed by copyright authorities and organisations. Individual users who share someone else’s content without their permission are governed by the platform’s terms, and any other applicable copyright conditions, so be cautious even when exercising student copyright exceptions (La Trobe University, 2020).
In all cases, use of anyone’s material must…
(University of Sydney, n.d.)