The Australian Framework for Generative AI in Schools sets out guidelines for the responsible and ethical use of generative AI tools in the school sector.
It was developed on behalf of all Education Ministers by the National AI in Schools Taskforce, which includes representatives from all jurisdictions, education sectors and the national education agencies (see here).
The framework includes:
6.5 Copyright compliance: when using generative AI tools, schools are aware of, and take measures to comply with, applicable copyright rights and obligations.
Uses of AI tools that can raise copyright compliance issues for schools include:
- including copyright material in a prompt for a generative AI tool (e.g. to produce a modified version of the material)
- prompting an output from a generative AI tool, where the output contains material created by a human author (e.g. part of an image that the AI tool has access to)
- copying and/or sharing an output from a generative AI tool where the output contains material created by a human author
There is a special scheme in the Copyright Act that allow teachers and schools to copy and share other people’s material without the copyright permissions that are usually required, known as the Education Statutory Licence. Nearly all Australian schools are covered by the Education Statutory Licence. Copyright Agency is appointed by the Australian Government to manage the Education Statutory Licence for text and images.
The Education Statutory Licence allows any form of copying or communication for educational purposes that does not unreasonably prejudice the legitimate interests of copyright owners. For example, copying an entire publication that is available for purchase can prejudice the copyright owners.
Material is used for ‘educational purposes’ if it is:
- made and/or used in connection with a particular course of instruction provided by the school; or
- made or retained for the collection of the school library.
The Education Statutory Licence can therefore allow copying and communication associated with the use of generative AI tools if it:
- is solely for educational purposes;
- is not subsequently used for any other purpose; and
- does not unreasonably prejudice the legitimate interests of copyright owners.
For example, a teacher may be able to:
- copy an extract from a book into a prompt for a generative AI tool, provided the copy is not retained outside the school sector
- copy and share a generative AI output that contains material created by a human author
May 2024
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