Copyright and Creative Commons
Copyright is a form of intellectual property that protects original works such as text, images, videos, audio recordings, software and learning materials once they are created and recorded in a tangible form. Copyright gives creators and owners certain rights over how their work is used, copied, shared, adapted or published.
For government, the Attorney General’s Department notes that Commonwealth entities commonly use copyright material through a mix of statutory licences, direct licences (including subscriptions/purchases), and Creative Commons or other openly licensed materials.
Creative Commons is an internationally active non-profit organisation that provides free licences for creators to use when making their work available to the public. Creative Commons (CC) licences operate within copyright law and allow creators to grant permission for others to use, share or adapt their work under specified conditions.
In a learning and development context, copyright and Creative Commons help organisations use, create and share learning offerings lawfully while recognising and respecting the rights of content creators.
Why is it important?
Learning offerings often incorporate third-party content such as images, diagrams, articles, videos and research. Understanding copyright and Creative Commons helps organisations manage legal and reputational risks, avoid unauthorised use of material and ensure creators are appropriately recognised. It also supports the lawful reuse of high-quality content, reducing development time and costs while providing clarity about how learning materials can be shared, adapted and distributed.
What are the benefits ?
- Provides confidence that learning materials have been sourced and used appropriately.
- Clarifies how learning resources can be accessed, shared or reused.
- Supports access to a broader range of high-quality learning resources.
- Reduces the risk of resources being removed or restricted due to copyright issues.
- Promotes trust, transparency and recognition of content creators.
Suitable for
Copyright and Creative Commons awareness is relevant for all staff, particularly learning and development practitioners, content developers, facilitators, communications teams and anyone creating, sourcing or distributing learning materials.
Key concepts at a glance
| Concept | Description |
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| Copyright | Protects original works and provides legal rights to creators and owners. |
| Creative Commons |
Standard licences that allow others to use content under specified conditions. Remember TASL (Title, Author, Source, Licence), it provides a simple mnemonic approach to remember the four essential elements when attributing Commons content and supporting compliance with licenced material. |
| Attribution | Acknowledges the original creator and source of the material. |
| Licensing | Defines how content can be used, shared, adapted or redistributed. |
| Permissions | Required when proposed use is not covered by a licence or copyright exception. |
General practices
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Good practice |
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Practices to avoid |
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Hypothetical examples
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Example with an issue |
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A learning developer begins creating a new learning experience that incorporates a mixture of internally developed graphics, photographs and externally sourced images licensed under Creative Commons. The developer intends to document image sources, licences and attribution requirements as the project progresses, but due to competing priorities this information is not recorded consistently. Midway through the project, the developer takes unexpected extended leave due to illness and another team member is asked to continue the work. Because most of the images appear to have been created in-house, the new team member assumes all images were internally produced and publishes the learning experience within the agency without applying the required Creative Commons attributions. Potential issues Following publication, the team discovers that several externally sourced images were being used under Creative Commons licences that required attribution. As no record of image sources, licence types or attribution requirements had been maintained, the team must spend significant time reviewing content, identifying affected materials and updating the learning experience. The lack of documented decisions and asset records creates rework, delays publication activities and increases the risk of breaching licence conditions. It also highlights the risks associated with relying on individual knowledge rather than maintaining project information that can be accessed by others. Better approach From the outset of the project, the learning developer maintains a simple asset register that records image sources, copyright ownership, licence details and attribution requirements. Copyright and Creative Commons information is captured as materials are selected rather than at the end of the project. Project records, working files and attribution logs are stored in a location accessible to the broader team. When the developer takes unexpected leave, the replacement team member can quickly identify which assets were created in-house, which require attribution, and what licence conditions apply. This reduces rework, supports continuity of delivery and helps ensure copyright obligations continue to be met regardless of staff availability. |