Courses provided to commercial clients
1. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence to copy or communicate course materials, if the course materials are provided at cost when delivering a professional development course for a commercial client?
Yes, a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ is permitted to rely on the Statutory Text and Artistic Works Licence where they are selling the course materials, but the materials can only be sold at cost.
‘At cost’ for the purposes of these FAQs means the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ can recover no more than:
(a) the direct cost of the physical production of the materials and or other direct costs (for example, if a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ print room charges a price per page to make the copies or,
in case of materials that are saved to a USB, the cost of the USB)
(b) other costs attributable to and incurred in supplying the materials to students (eg packaging, computer maintenance, occupancy costs).
2. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence to copy or communicate course materials, when delivering a professional development course for a commercial client if a profit margin is placed on the course materials?
No, if materials copied and communicated under the Statutory Text and Artistic Works Licence are included in the class materials then a profit margin cannot be placed on those materials, and they can only be sold at cost.
3. Does it make a difference if the professional development course for a commercial client is delivered at the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ campus or at an external location?
No, it doesn’t make a difference where the course is delivered.
4. Does it make a difference if the participants of the professional development course for a commercial client are given a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ student identification number when they are enrolled in or participate in the course?
No, it doesn’t make a difference if participants have a student number or not.
5. Can the materials that are copied or communicated under the Statutory Text and Artistic Works Licence for a professional development course for a commercial client be provided to the commercial client after the course is delivered?
You can give the materials to those people participating in the course for the purposes of the course, including after the course has been completed. However, you cannot give the materials to a commercial client after the course is delivered for a purpose other than the course. This would not be covered by the Statutory Text and Artistic Works Licence.
Courses provided to overseas students
1. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence to copy or communicate class materials for Ïã¸ÛÁùºÏ²Ê×ÊÁÏ students based in other countries, where course delivery takes place overseas?
Yes, a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute can rely on the Statutory Text and Artistic Works Licence,
provided that:
(a) the students are undertaking a course conducted by the Australian Ïã¸ÛÁùºÏ²Ê×ÊÁÏ
institute
(b) any print materials are copied in Australia, and digital materials are stored and uploaded to a server from Australia.
2. Does it make a difference if the overseas students are taught by staff of the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute, or by local (overseas) teachers?
No, it does not make a difference who teaches the course, provided that the course is run by the Australian Ïã¸ÛÁùºÏ²Ê×ÊÁÏ. This means, for example, that students who complete the course obtain accreditation from the Australian Ïã¸ÛÁùºÏ²Ê×ÊÁÏ.
Hobby / non-accredited courses
Yes, if the course materials are provided at cost. The courses are still being provided as part of the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute’s educational purposes and therefore it can rely on the Statutory Text and Artistic Works Licence.
Full paying students
1. A Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute is running a course for 15 students. 12 of these students are paying a mainstream fee of $1,000 and 3 students are international students and paying full fees of $15,000 each. Can the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence in preparing the course materials for all 15 students?
Yes, provided the materials are provided at cost. The course is still being provided as part of the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute’s educational purposes and therefore it can rely on the Statutory Text and Artistic Works Licence.
2. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence for a course which is fully costed (including profit margins and not subsidised by government), but where course materials are provided at cost and not sold or otherwise supplied for financial profit?
Yes. The courses are still being provided as part of the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute’s educational purposes, and the course materials are not being sold or otherwise supplied for financial profit, and therefore it can rely on the Statutory Text and Artistic Works Licence.
3. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Work Licence for a course which is fully costed (including profit margins and not subsidised by government), but where the course materials are provided at cost plus an administrative fee?
Yes, but only if the ‘administrative fee’ reflects the administration cost incurred in delivering the materials. It should be identified as a materials cost rather than an additional fee.
If the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ otherwise wishes to add an administrative fee to the price of its course materials, then it will need to remove materials copied and communicated under the Statutory Text and Artistic Works Licence and provide those separately on a cost recovery basis only, possibly as some sort of supplementary pack.
4. Can a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute rely on the Statutory Text and Artistic Works Licence for a course which is fully costed (including profit margins and not subsidised by government), and the course materials have not been itemised in a way that allows the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute to demonstrate that the materials are provided at cost?
Use of course materials by someone else
1. Is a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute permitted to provide, for a fee, course materials which include content copied or communicated under the Statutory Text and Artistic Works Licence to:
(a) a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute in another jurisdiction; or
(b) a commercial entity
for the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ or commercial entity to use to deliver their own course?
No, assuming the materials are being supplied for a financial profit (and therefore not at cost). If the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute wishes to supply the course materials for a financial profit to another Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute, then it will need to remove materials copied and communicated under the Statutory Text and Artistic Works Licence and provide those separately on a cost recovery basis only, possibly as some sort of supplementary pack. In that case, they could only be supplied to another Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute.
The materials could not be supplied to a commercial entity.
2. Is a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute permitted to provide, for no fee, course materials, which include content copied or communicated under the Educational Statutory Licence to:
(a) a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute in another jurisdiction; or
(b) a commercial entity,
for the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ or commercial entity to use to deliver their own course?
It would permissible to provide the course materials to another Ïã¸ÛÁùºÏ²Ê×ÊÁÏ institute, but not to a commercial entity.
Use of Creative Commons materials
1. If content is available under a ‘non-commercial only’ Creative Commons licence, does this allow a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ to use it in course materials for courses where students are charged based on Permitted Costs recovery basis only.
Yes. This would be allowed.
2. If content is available under a ‘non-commercial only’ Creative Commons licence, does this allow a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ to use it in course materials for courses that are funded by a commercial entity, but delivered by the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ for free or at cost to the commercial entity’s staff, Ïã¸ÛÁùºÏ²Ê×ÊÁÏ students and non-Ïã¸ÛÁùºÏ²Ê×ÊÁÏ students as vocational courses?
Yes. This would be allowed.
Partnerships
1. Where a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ and a private RTO share delivery of a course, can the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ rely on the Statutory Text and Artistic Works Licence to copy and communicate content for inclusion in the course materials?
2. Where a Ïã¸ÛÁùºÏ²Ê×ÊÁÏ offers vocational courses to school students, can the Ïã¸ÛÁùºÏ²Ê×ÊÁÏ rely on the Statutory Text and Artistic Works Licence to copy and communicate content for inclusion in course materials?
