Conditions of Use

For licensed Education Bodies only

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Introduction

  1. The material named above (the Content) is made available by Education Services Australia Ltd (Education Services Australia) through The Le@rning Federation (TLF) to licensed education bodies (Education Bodies). TLF is managed by Education Services Australia. The relevant Licence between Educational Services Australia and Your Education Body sets out the complete conditions of the Licence.

  2. These Conditions of Use are provided to assist the Student or teacher (You) to understand what is permitted and what is not permitted to be done with the Content.

  3. The Content may include both TLF and Non-TLF Content.

  4. The Content:

    • includes TLF Content (This means Content developed by or for TLF. Copyright in TLF Content is owned by Curriculum Corporation.)
    • does not include Non-TLF Content (This means Content obtained from third parties. Non-TLF Content can be recognised by an associated Acknowledgments statement which identifies the third party owner of copyright.)


  5. These Conditions of Use apply only to participating Education Bodies that have entered into the relevant category of Licence(s) with TLF, as follows:

    • Licence A covers the provision of TLF Content to a government school system
    • Licence E covers the provision of Non-TLF Content to a government school system
    • Licence D covers the provision of both TLF Content and Non-TLF Content to a body administering non-government schools, a higher education institution or professional association in the field of education.

    If Your Education Body is not licensed, or You are not sure, visit: www.thelearningfederation.edu.au/licensing to find out more.

  6. These Conditions of Use include:

    • the General Conditions
    • the Special Conditions (if any).

    Where they are different, the Special Conditions supersede the General Conditions.

General conditions of use

  1. You may Use the Content for the ordinary Education activities of Your Education Body.

  2. 'Use' means You can:
  1. You must not provide Copies of, or display, the Content to any third person unrelated to Your Education Body, eg by placing it on a publicly accessible internet site.

  2. You must not do anything with the Content that would:
  1. You must not:
  1. The Acknowledgments statement for particular Non-TLF Content (where relevant) sets out acknowledgment requirements that You must comply with.

  2. Where You Use Content in accordance with the Licence, You do not need to comply with the requirements of any statutory licence [eg, pay royalties to a copyright collecting society such as Copyright Agency Limited (CAL)] for that Content.

  3. For TLF Content you are permitted to Alter the material and to develop a Supplementary Work or Compilation.

  4. For Non-TLF Content you are:

    • permitted to develop a Supplementary Work or Compilation of the material.
    • permitted to make an Edited Version, but not permitted to Alter the material in any other way.

Special conditions of use

  1. The Content is licensed to you indefinitely



    The following special conditions (if any) apply to the use of particular items within the Content:

    Nil

Glossary

  1. Capitalised expressions in these Conditions of Use have the following meanings:

Alter

means to develop an Edited Version or Enhancement.

Compilation

means a collection of items (which may or may not individually have copyright) which are assembled together using sufficient skill and care as to attract copyright protection for the collection as a whole. 

Examples:

  • inclusion of a digital resource in an online course;
  • inclusion of a learning object in a set of professional development materials.

Copy

means a reproduction of the Content in the same or a different medium, but without any other alteration.

Examples:

  • printing out a web page that has been downloaded to a browser;
  • converting an image between different formats such as TIF, BMP, JPEG, etc;
  • resizing an image to suit the space available or the device on which it is displayed or printed.

Edited Version

means a modified version of Content in which the changes made are of such a minor nature that no fresh layer of copyright can be said to arise.

Examples:

  • changing names or addresses in a story;
  • making minor substitution in the legend or legend elements depicted on the map.

Education

means:

  • a structured program of learning and/or teaching for the benefit of a Student;
  • a public educational program; and/or
  • professional development and preparation activities for either of the above.

Electronic Rights Management Information

means information:

  • identifying the Content, the author and/or copyright owner, including the Acknowledgments statement;
  • indicating conditions on which the Content may be used, including these Conditions of Use.

Enhancement

means a modification to Content in which new copyright arises, but only to the extent that the Enhancement cannot meaningfully inform or entertain independently of the original Content.

Examples:

  • translation of a text into a different language;
  • substantial revision and rearrangement of an article;
  • conversion of an image from two dimensions into three dimensions;
  • colourisation of a film or video;
  • substantial re-scaling or deliberate alteration of an image, such as by airbrushing.

Moral Rights

includes the following rights of an author of Content:

  • the right to be attributed or credited for their work;
  • the right not to have authorship of their work falsely attributed; and
  • the right not to have their work treated in a derogatory way.

Supplementary Work

means substantial additional work which appends, incorporates, is appended to, or is incorporated into, the Content, and which has some capacity to inform or entertain independently of the original TLF Content.  Examples:

  • creation of a set of metadata to accompany a learning object;
  • creation of lesson plans to accompany a digital resource.

Student

includes a parent, guardian or tutor assisting a Student in connection with their Education.

Technological Protection Measure

means a device or process designed to inhibit infringement of copyright in Content by either of the following:

  • ensuring that the Content is accessible solely by an access code or process approved on behalf of the copyright owner;
  • a copy control mechanism.


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