Teachers/schools have rights to copy under: Statutory Licences Free Use Exceptions Both allow teachers to re-use copyright materials, without the permission of the copyright owner.
Teachers are usually not permitted to copy from DVDs. Most commercial DVDs (eg feature films, documentaries and television series) are protected by access control technological protection measures (ATPMs). ATPMs are technologies which prevent a user from easily accessing and copying the content on a DVD. It is illegal to circumvent an ATPM under the Copyright Act. Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal. See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
It involves copying the HTML code of the film, which is often displayed in a box near the film, and pasting it onto your website. The result of this is, rather than displaying the link, it will show a small screen of the film on your website.
Attributing material is important to ensure that original material created by a student, teacher or jurisdiction or that has been licensed is removed from survey data and therefore is not paid for.
Attributing material is important to ensure that original material created by a student, teacher or jurisdiction or that has been licensed is removed from survey data and therefore is not paid for.
What are Open Educational Resources? Resources created and released openly – open license is key. Free as in free beer (no cost) and free as in freedom (free to use, repurpose and re-share) Commonly defined as digital materials offered free for educators, students and self learners to use, re-use and re-distribute for teaching, learning and research. They often rely on the use of common "open" licences, such as the Creative Commons licences. They are different to traditional distribution models which generally require remuneration and largely restrict the rights of end-users to copy, re-use and re-purpose material.
Website terms and conditions can be unclear, confusing and/or difficult to understand. In some cases, there are no terms and conditions at all. Often, ‘educational use’ may not have been specifically considered when website terms and conditions were drafted. In many cases, website terms and conditions refer to 'personal' or 'non-commercial' use, but not to 'educational use' As a result, the intention of the website publisher with regards to educational use of their site is unknown. OER overcomes a lot of the above tensions.
UNESCO: whose participants in 2002 expressed “their wish to develop together a universal educational resource available for the whole of humanity” November 2011 launched Guidelines on Open Educational Resources (OER) in Higher Education and associated tools to implement OER initiatives Hosted 2012 Global OER Conference in June
OECD’s OER project that asks why OER is happening, who is involved and what the most important implications are of this global movement. 2007 report explores the OER concept and reasons for government to support OER. ( Giving Knowledge for Free: The Emergence of Open Educational Resources )
Long list of international entities developing these resources… the OPEN community is large, passionate, strong.
Higher Ed MIT OCW- the largest OCW project, sharing course content from all 1,900 MIT courses
Higher Ed Stanford getting into the game – several years ago opened several undergraduate courses for free, this year another 7 courses offered. Eg Introduction to AI – over 100,000 enrollments in 1 st weeks! Anyone can sign up, watch lectures, have their homework graded, and take the exams. Everyone who passes will receive a certificate verifying their completion of the course and marking how they ranked compared to others in the class, including the Stanford students who’ll be attending in person. Taught by professors who are some of the biggest names in the field. Director of Research at Google, the former senior computer scientist at NASA... UC Berkley, Yale, others all doing similar things (See here for further info -> http://singularityhub.com/2011/08/18/100000-sign-up-for-stanfords-open-class-on-artificial-intelligence-classes-with-1-million-next/)
Government : US – eg the White House – release of PSI under CC licence – the 2009 Directive on Open Government - which directed government departments to take specific steps to 'expand access to information by making it available online in open formats' and the 2011 Presidential Memorandum on Regulatory Compliance - directive to departments to release data-sets under open licence US – TAACCCT grants – in Jan 2011 - US$2 billion to fund creation of community college course materials, on condition all released under CC licence UK – uses the “Open Government Licence” to release much PSI information to public for use and re-use UK – further to a policy of open access to PSI recommended in 2009 - Power of Information Taskforce Report
Power of CC licensing in on-line world is searchability!! Standardised open approach allows coding and search-engines to recognise, search and discover content that is open for use. CC licensed resources aid in search and discovery; the licenses clarify to educators, students the rights available to them for use, remix, and resharing 2010 survey of US teachers in their use of technology and OER showed that 88% of teachers use Google to locate OER CC licensed content filtering is integrated with Google search engines via the advanced search features; Google indexing things on the web whether it has a CC licensed attached to it whereas a straight up search for a learning topic can return millions of hits, and resources teachers don’t know whether they can include in the lessons, CC filtered search returns resources that have been licensed under CC CC has also been developing an experimental OER search prototype called DiscoverEd
No government policy on OER yet, at either Cth or State/Territory level.
Instead we have ad-hoc FFE initiatives in Australian Schools and TAFEs. Differences between FFE and OER: Like OER, FFE materials are free for educational use BUT unlike OER, FFE cannot be shared with the public at large and usually cannot be modified or adapted. Limits use that can be made – must be maintained in original form and cannot onward share or re-use
FFE examples in Australia: National Education Access Licence for Schools (NEALS) – jursidiction-owned/developed educational materials AEShareNet Licences -> now being transitioned to CC NDLRN (formally The Le@rning Federation (TLF)) -> now being transitioned to CC Learning Object Repository Network (LORN)
OER is gaining traction in Australia.
NSW Dept of Education has released a range of interactive teaching resources under CC licences.
Other examples of OER in Australia include: Move from FFE to OER (as seen on previous slide): TLF materials shortly to be released under CC AESharenet currently going through a transition phase - we hope to CC licences ACARA has released the Australian National Curriculum under a CC licence Tasmanian Polytechnic has embarked on a project (using WikiEducator) to incorporate OER into teaching. The institute is currently working on a state-wide eLearning Strategy for 2012-2014 which will include policy recommendations to use and contribute to OER. Smartcopying website – full of useful educational resources re Creative Commons and OER, as well as much other information about copyright for educators. Itself open to use under a CC licence.
How do OER work?
Open licences key aspect of this – eg Creative Commons Creative Commons works to make it easy for creators to share … to realize the full potential of the internet – universal access to research, education, full participation in culture – to drive a new era of development, growth, and productivity. CC Licenses make it easy and legal to share… and, as we all know, the core part of any OER definition is the educational resource is either Open license In the public domain So anyone can: reuse, revise, remix and redistribute.
CC offers free tools that allow artists, musicians, journalists, educators and others share content on more flexible terms than default all rights reserved copyright it’s important to note that CC Licenses are not a substitute for copyright; they’re built on top of copyright law there’s 2 steps to applying a creative commons license to your work
can do this right at creativecommons.org via our license chooser engine step 1 is to choose the conditions that you want to attach to the work all cc licenses require attribution to the original author of the work after that users can decide which conditions they want to apply, aka whether to prohibit commercial uses, whether to require that downstream users also reshare, whether the work should only be able to be redistributed “as-is”
step 2 is to simply receive the license there are 6 CC licenses that reflect a spectrum of rights for the photos I share on Flickr, I use the Attribution only license, which means that anyone can download, copy, distribute, remix, tweak, and build upon them, even commercially, as long as they give me credit
500M+ CC licensed works online today CC is used by a wide variety of people and organizations, including Culture Science Government and public sector information Education
Wikipedia, which about 2 years ago merged all their content into using CC attribution sharealike license 17 million Wikipedia articles across all languages 8.5 million media files in Wikimedia Commons database. All are available under a free license.
Photo websites like Flickr, with over 175 million CC-licensed photos. The following museums and institutes have photostreams of CC licensed images on Flickr: Smithsonian Institute http://www.flickr.com/photos/smithsonian/ Imperial War Museum http://www.flickr.com/photos/imperialwarmuseum/ Library of Congress http://www.flickr.com/photos/library_of_congress/ National Maritime Museum http://www.flickr.com/photos/nationalmaritimemuseum/ George Eastman House http://www.flickr.com/photos/george_eastman_house/ National Media Museum http://www.flickr.com/photos/nationalmediamuseum/
Where can teachers / users find and share their OER?
Many sites you can goto to find Open Resources for you to re-use.... OR..... (see next slide)
Many sites you can goto to find Open Resources for you to re-use.... OR..... (see next slide)
.... Search from Creative Commons' own website
Sir John Daniel, President & CEO of the Commonwealth of Learning ( intergovernmental organisation created by Commonwealth Heads of Government to encourage the development and sharing of open learning/distance education knowledge, resources and technologies.) What do you think the odds are the world will build four major universities (30,000 students) to open every week for the next fifteen years? How to address this need? OER one part of the answer.
Library SKLAN (Maitland-Newcastle Diocese)
Copyright in a Digital World -Open Education Resources 16 October 2012 Library SKLAN Maitland-Newcastle Diocese Jessica Smith National Copyright Officer National Copyright Unit www.smartcopying.edu.au
Smartcopying Website www.smartcopying.edu.au• National Copyright Guidelines for Schools and TAFEs• Practical and simple information sheets and FAQs• Interactive teaching resources on copyright• Search the site for answers to your copyright questions 2
Slides available @http://www.slideshare.net/nationalcopyrightunit/ This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted) http://creativecommons.org/licenses/by-sa/3.0/au/
Copyright pr otects… ‘Works’ Artistic Literary Musical Dramatic• paintings • novels • melodies • plays• illustrations • textbooks • sheet music • screenplays• sculptures • newspaper and • pop songs • mime• graphics magazine articles • advertising jingles • choreography• cartoons • short stories • film score• photographs • journals• drawings • poems• maps • song lyrics• diagrams • timetables• buildings • technical manuals• models of • instruction buildings manuals• moulds and casts • computer software for sculptures 5
Copyright pr otects… ‘Other Subject Matter’ Sound Published Films Broadcasts Recordings Editions• cinematographic • vinyl music or • radio and TV • typesetting films voice broadcasts (the layout and• DVDs • CD • podcasts and look of a webcasts of the publication)• television • DVD advertisements above • audio cassette• music videos tapes• interactive games • digital recordings• interactive films (eg MP3 or AAC files) • podcasts 6
Copyright in essenceThe right of the copyright owner to: copy perform communicate to the publiccopyright material. 7
Copying Activities scanning downloading printing Upload to cloudSaving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 8
Perfor mance Activities playing films and sound recordings singing songs Playing instruments acting out a play reciting a poem 9
Communication Activitiesmake available to students online(intranet, LMS, wiki, etc) email to students display on interactive whiteboard 10
W hat can teacher s copy andcommunicate?Whatever the licence says you can. 11
W hat can teacher s copy and communicate?Otherwise…. A. Statutory Licences (text, pics, TV) B. Voluntary Licences (music) C. Free Use Exceptions (video, performances) allow teachers to re-use copyright materials, without further permission needed 12
Statutory Licences • Part VB: Statutory Text and Artistic Works Licence • Part VA: Statutory Broadcast Licence 13
Par t VB: Statutor y Text andAr tistic Wor ks LicenceUnder this licence, a teacher can copy andcommunicate (email, place online) text and artisticworks for educational purposes…subject to copying limits. books, newspapers, journal articles, paintings, diagrams, photographs, animations, song lyrics, plays, poems, maps, etc, in both hardcopy and electronic form, including free and publicly available internet sites. 14
Part VB: Copying LimitsThere are specific copying limits under Part VB.You can only copy a reasonable portion.For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700 15
Part VB: Copying LimitsYou can only copy a reasonable portion:• 10% or 1 chapter of a hardcopy book or e-book• 10% of words on a website or CD Rom• One article in a journal (more than one article if on the same subject matter)• One literary or dramatic work in an anthology (15p max) (eg one short story) 16
Pt VB: Copying LimitsCan copy more (eg the whole work) if: • it has not been separately published • or is not commercially available within a reasonable time at an ordinary commercial price. 17
Part VB: Copying from websites• Available on the web does not mean free to use• Almost all web content is protected by copyright• Some websites are ‘free for education’ – can be copied for educational purposes.• Website terms and conditions will determine whether a website is ‘free for education’.For further information see Understanding Website Terms and Conditions on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999 18
Pt VB: Simultaneous Storage Rule Licence does not allow two parts of a work - eg two 10% excerpts - to be made available online at once. To minimise risk of infringement, restrict access to relevant classes only. • Class A sees chapter A : Class B sees chapter B 21
Pt VB: Notice Requirements Mandatory notice must be attached to all copies made available online Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705 22
Pt VB: Copying LimitsStatutory Text and Artistic Licence doesn’t permit: • mass digitisation of books • mass copying of ebooks • copying of software For more information, see “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700 24
Part VA Statutory BroadcastLicenceCovers the copying and communication of:• TV and radio broadcasts• TV/radio from a broadcaster’s website IF it has been broadcast on free-to-airDoesn’t cover online TV/radio:• from Pay TV sources• which have not been broadcast – IPTV, Netflix, Youtube For more information see: “Education Licence A” in the “National Copyright Guidelines”: http://www.smartcopying.edu.au/scw/go/pid/699 25
Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted 26
Pt VA: Notice Requirements• If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)….you must attach the prescribed notice. A copy of this notice is available at: www.smartcopying.edu.au/scw/go/pid/704 27
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ). The material in this communication may be subject to copyright under the Act.Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 28
Part VA:ClickView & Video Commander Using ClickView, Video Commander or others repositories to copy and communicate broadcasts? Permitted because of the Pt VA the Statutory Broadcast Licence. Note… as they make copying so easy, costs under the Licence are likely to increase. Schools can help manage copyright costs by: • Only copying what they need for educational purposes • Archiving copies regularly – broadcasts available to students and teachers online for longer than 12 months are paid for again. • Attach the mandatory notice. 29
Music licencesUnder paid licences with copyright owners,schools can:copy music from CD to use in Powerpoint orteaching resourcescopy music to digital format for use in teachingcopy music to play in school performancescopy sheet music (subject to copy limits)For the educational purposes of the school. 31
s 28 - performing orcommunicating in class foreducational instruction• Allows schools to perform and communicate material in class (includes remote students)• A free exception – no fees are paid.• Does not permit copying – just performing/playing in class See “Performance and Communication of works and audio-visual material – What am I allowed to do?” : http://www.smartcopying.edu.au/scw/go/pid/535 33
s 200AB: Flexible Dealing• Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use.• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.• Flexible dealing will not apply where it is possible to purchase a similar teaching resource• A free exception – no fees are paid. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/542 34
s 200AB: Flexible Dealing - Examples1. Compile short extracts of audio-visual material for use in class (eg making DVD of short films clips from VHS or digital files when it is not possible to purchase similar teaching resources.2. Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording. See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 35
s 200AB and Commercial DVDsCannot copy from commercial DVDs. • Commercial DVDs are protected by ATPMs - access control technological protection measures. • ATPMs – any technology that prevents a user from easily accessing and copying the content on a DVD. • It is illegal to circumvent an ATPM (eg CSS) • Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal.See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
s 200AB: Flexible Dealing Dos and Don ’ ts• Do not use pirated material.• ‘Just in case’ format shifting is not permitted: • Schools cannot make ‘back up’ copies of resources ‘in case’ the original is destroyed. • Schools are not allowed to format shift their whole library or collection just in case it will be useful later on. • Any format shifting needs to be done for the purpose of giving educational instruction in the near future. See information sheets: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 “Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/529 37
s 200AB: Flexible Dealing Dos and Don ’ts• Don’t copy more than you need. If you copy too large an amount, it might not be covered by this exception.• Access to s 200AB copies must be limited to those students who need to use the material for a class exercise, homework or research task• Remove once no longer needed the s 200AB copy from the LMS, school intranet, class blog/wiki, portal or interactive media gallery as soon as practical, once no longer required for the class, homework or research task.• Label s 200AB copies with words similar to: ‘Copied under s200AB of the Copyright Act 1968’ See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 38
Snapshot Summary Copied and Communicated Under Part VB Part VA s.200AB Schools’ Copying limits: No copying 10% or 1 chapter limits. Limited format shifting rights. music Attach notice if Can format You cannot buy it. licence communicating. shift. Only copy what Attach notice if you need. communicating. Images or print works Off air television and radio broadcasts Podcasts of free-to-air broadcasts (available on the broadcaster’s website) YouTube videosl a r e a M o e py T DVDs and videos Note: Most commercial DVDs are protected by ATPMs and f cannot be copied because it illegal to circumvent an ATPM. i t Cassette tapes and CDs 39
Tricky areas:YouTube and iTunes The terms of YouTube and iTunes provide that the content can only be used for ‘personal, non-commercial’ use. This may not include copying by educational institutions for ‘educational use’. This is changing…. YouTube for Education, iTunes Volume Licensing coming soon. 40
Smartcopying tips…Link – link or embed material whenever possible. Dont download or copy.Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere. 45
Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes should be properly attributed.• Applies to both photocopied and digital material• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when. See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532 46
Smartcopying tips…Label – always attribute the source.• Attributing is important to ensure that we dont pay licence fees for material we already own or are allowed to use • eg teacher/school/student created content See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532 47
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyOnce material is communicated to an entireinstitute/campus or jurisdiction, the risk of copyrightinfringement increases dramatically. 48
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyLimiting access is an important cost managementpractice.Collectingsocieties believe that the value of contentincreases with the number of people who can access it. 49
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyAccess to s200AB copies must be limited to thosestudents who need to use the material for educationalinstruction, ie one class as opposed to an entire school. 50
Smartcopying tips…Clear out unwanted content regularlyMaterial copied and communicated under theStatutory Licences is paid for again for every12 months it remains live.Flushing material that is no longer required isone practical way of managing the copyrightcosts. 51
Smartcopying tips…Clear out unwanted content regularlyTwo options: Archive – for material that is not currently being used but is likely to be used in the future. Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place. 52
Smartcopying tips…Clear out unwanted content regularlyTwo options: Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository. 53
Smartcopying tips…Use Open Education Resources• Material whose owner has given permission for the material to be used for educational purposes, for free• Depending on the licence, OER can also be modified and shared by teachers and students. 54
Smartcopying: Link Label Limit Licences Flush stale content Consider OER 55
OER are teaching, learning, and research materials in anymedium that reside in the public domain or have been released under an open licence that permits their free use and re- purposing by others. CC BY – C Green 2011
OER include resources of all sorts: worksheets, curriculum materials, lectures,homework assignments, quizzes, class activities, pedagogical materials, games and more... See: www.oercommons.org 58
OER in a nutshellOER is about creating repositories of material which are free to: Access Use Modify Share 59
OER in a nutshellYou can do more with OER as compared with traditional copyright material 60
Free for Education (FFE)• ‘Free for education’ (FFE) material is similar to OER• But FFE material may not permit a teacher to communicate, modify or share the material. This will depend on the particular terms and conditions of use. 73 The Smartcopying website lists good some FFE resources:
What is CC? • CC creates a “some rights reserved” model. • The copyright owner retains copyright ownership in their work while inviting certain uses of their work by the public. • CC licences create choice and options for the copyright owner. 79
A simple, standardizedway to grant copyright permissions to your creative work. CC BY – C Green 2011
Step 1: Choose ConditionsAttribution Share AlikeNon-Commercial No Derivative Works CC BY – C Green 2011
Step 2: Receive a License CC BY – C Green 2011
most freeleast free CC BY – Adapted from Green 2011
Attributing CC material• CC requires that you label materials with:– author/copyright owner,– title and source,– type of CC licence that applies– a link to the licence terms.• It is important to always check whether the creator has specified a particular attribution.• Open Attribute (http://openattribute.com) is a tool recently developed by Mozilla Drumbeat to assist users of CC material properly attribute the CC material. For further information on attributing CC material, see: http://www.smartcopying.edu.au/scw/go/pid/956 87
Example: Image licensed under CC Attribution licence Eid Mubarak by Hamed Saber available at http://www.flickr.com/photos/44124425616@N01/1552383685 88
CC sites• Encyclopedia – Wikipedia• Photos - Flickr• Videos - Blip.tv• Music - Magnatune• Sounds - Opsound• Articles - Directory of Open Access Journals• Remix community – ccMixter• Everything else - Internet Archive 90
OER sites• Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome• OER Commons: www.oercommons.org/• Encyclopaedia of Life: www.eol.org/• Comprehensive Knowledge Archive Network: www.ckan.net/• Connexions: www.cnx.org/• Teaching Ideas: www.teachingideas.co.uk/ The Smartcopying website lists Open Education Resources: http://www.smartcopying.edu.au/scw/go/pid/936 91
Free for Education Initiatives • A number of organisations have agreed to make their online material free for education: – Enhance TV Website http://www.enhancetv.com.au – Museum Victoria http://museumvictoria.com.au – Cancer Council http://www.cancer.org.au/Home.htm – World Vision http://www.worldvision.com.au • Material available on these websites can be copied for ‘educational purposes’. The Smartcopying website lists FFE websites: http://www.smartcopying.edu.au/scw/go/pid/936 92
For More Information Carl Ruppin National Copyright Manager email@example.com (02) 9561 1267 Delia Browne National Copyright Director firstname.lastname@example.org (02) 9561 8876 www.smartcopying.edu.au slideshare.net/nationalcopyrightunit 95
“Nearly one-third of the world’spopulation (29.3%) is under 15.Today there are 158 millionpeople enrolled in tertiaryeducation1. Projections suggestthat that participation will peakat 263 million2 in 2025.Accommodating the additional105 million students wouldrequire more than four majoruniversities (30,000 students)to open every week for thenext fifteen years.1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures2 British Council and IDP Australia projections CC BY – C Green 2007