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Web 2.0 and Copyright legal issues for Universities



How Australian Universities should management copyright in the context of Web 2.0....

How Australian Universities should management copyright in the context of Web 2.0.
Presentation for a Society of University Lawyers Conference at the University of Queensland, Brisbane, October 2009.



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    Are you sharing more and more information through social networking tools and other electronic means and not sure what the copyright implications are? Then CCM400 is for you.

    CCM400. Copyright Issues Relating to Web 2.0 and Digital Content is part of the Certificate in Copyright Management, a program that is in its fourth year. Instructor Lesley Ellen Harris of Copyrightlaws.com has recently revised the content of this course to address social networking situations.
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    Web 2.0 and Copyright legal issues for Universities Web 2.0 and Copyright legal issues for Universities Presentation Transcript

    • 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 education technological revolution
      The 80’s
      The video recorder
      The ‘Betamax’ case 1984
      Part VA license off air broadcast (1989)
    • The education technological revolution
      The Internet & World Wide Web
      A&M Records v Napster 2001
      Copyright Amendment (Digital Agenda) Act 2000
    • Early 21st Century developments
      Web 2.0, P2P, Facebook, Twitter
      Wireless, Bluetooth, iPhone, Kindle
      Future technological developments?
    • 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:
      Amount used
      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.
      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