Web 2.0 and Copyright legal issues for Universities

Web 2.0 and Copyright Legal issues for Universities
Aaron Magner
Legal Counsel UNSW

The education technological revolution
The 70’s
The photocopier
Moorehouse v UNSW 1974
Part VB license for education purposes (1980)

The 80’s
The video recorder
The ‘Betamax’ case 1984
Part VA license off air broadcast (1989)

The90’s
The Internet & World Wide Web
A&M Records v Napster 2001
Copyright Amendment (Digital Agenda) Act 2000

Early 21st Century developments
2001
Web 2.0, P2P, Facebook, Twitter
Wireless, Bluetooth, iPhone, Kindle
Future technological developments?
2005

Toward the 2010’s
Australian internet use 80%
18-25 year olds 96%
University Students 100%
YouTube 2nd largest search engine in the world
70% of 18-34 years olds watched TV online.
By 2010
Gen Y will outnumber
baby bombers

The 21st Century University
UNSW YouTube channel
1.5million hits since Oct 07.
UNSW TV
UNSW iTunesU
Content can be restricted.
180,000 podcast downloads since July 2008.
12,000 podcasts a month

Safe Harbour?
So what?
Take Down Notices?
Illegal Content?
Peer to Peer File Sharing?
Copyright Infringement?
Infringement Notifications?
Who Owns What?

Legal risks
Copyright material incorporated into media not covered under the licence.
Licensed for lectures or the library but not podcasts and YouTube.
Interpreting fair dealing.
Ambivalence toward Copyright law.
Misconceptions about Copyright law.

Copyright myths
Internet is Public Domain, can use anything.
Using material for teaching is Fair Dealing.
If you’re not charging for it, it’s alright.
We’re using the material for the public good.
They won’t sue a University.
I won’t be personally liable.

What to do?

Copyright Facts
Copying small portion may still be a copyright infringement.
‘Quality’ of the work taken, not just ‘Quantity’.
‘Works’ on the internet are copyright by their owner.
Material licensed for education use in lectures may not be licensed for the Internet (YouTube and iTunesU).

Copyright Facts - Fair dealing
The law allows use without specific permission:
For research or scholarship
To criticize or comment
To write news articles
To practice or parody
Statutory licences - Part VA and VB
Universities pay large amounts to CAL & Screenrights and APRA.

Copyright Facts - Fair dealing
Fair dealing in a copyright work is not an infringement of copyright.
Allows use of a work in a reasonable manner:
Brevity
Amount used
Spontaneity
When and how often used.

What could happen?

What could happen?
If deliberate commercial scale infringement & substantial prejudicial effect on © owner - Criminal liability - 5 years jail and $300K fine.
Section 132AC (1) Copyright Act.
Universities are not Carriage Service Providers (except UQ) but should act as if covered by ‘Safe Harbour’ regime.
Personal Liability: 2 years jail and $13K fine.

University Copyright - Things to do
To minimise risk of Copyright infringement liability:
Strong access policies
Clear terms of use
Take down notice procedures
Permission templates
Citations and attributions for all material
Update Copyright policies and procedures
Enforce copyright policy
Communication and training students and staff.

Checklist for uploading content
Exercising one of the owner’s rights?
Copy or a derivative work?
Distribute or publish a copy?
Publicly perform or distribute the work?
Purpose for using the creative work?
Is use Fair Dealing and therefore exempt?

What is Fair Dealing?
‘Fair Dealing’ in AUS not as wide as ‘Fair Use’ in USA
Section 40: Fair Dealing for research and study
How much and how often are you using?
Does amount exceed reasonable expectation?
Using the work more than once?
Using the ‘heart’ or ‘essence’ of a work?
‘Quality’ not ‘Quantity’.

Future developments

Future developments
Ongoing improvements in technology.
Universal internet adoption (developed world).
The National Broadband Network.
New disruptive technologies (Skype, YouTube etc)
New business models.
Copyright law has not kept up.

Future developments
Copyright law reform. Industry options:
Levy the medium, not the content.
Industry supported collection society.
Encourage industry to build and administer a P2P network for content sharing.
Universities collect a low fee from students to access all content free – Warner Bros ‘Choruss’ model.

Future Developments
What should Universities do?
Prepare for a copyright infringement claim but compliance shouldn’t impose disproportionate cost.
Workable approaches to Copyright complaints and disciplining offenders.
Support open source access to research outcomes and processes.
Different approaches among Universities.
How does your University manage Copyright risk?

Licence
Share/ remix/ spread… and attribute.
http://www.slideshare.net/AaronMagner
licence elements:
Attribution – attribute the author
Noncommercial – no commercial use
ShareAlike – changes allowed, but only if you put the new work under the same licence

Aaron Magner Legal Counsel The Legal Office - Chancellery Building UNSW SYDNEY NSW 2052email: a.magner@unsw.edu.au
Elsewhere on the webScribdscribd.com/aaronmagnerSlideshareslideshare.net/aaronmagnerLinkedinlinkedin.com/in/aaronmagnerTwitter @aaronmagnerBlog aaronmagner.comFacebookfacebook.com/aaronmagner
Attribution: Images from Istockphoto.com and flickr.com
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Web 2.0 and Copyright legal issues for Universities

by Aaron Magner on Oct 13, 2009

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Web 2.0 and Copyright legal issues for Universities — Presentation Transcript