130604 - Parramatta district teacher librarians network meeting
Copyright in a Digital World-Open Education Resources4 June 2013Jessica SmithNational Copyright OfficerNational Copyright Unitwww.smartcopying.edu.au
National Copyright Unit (NCU) The Ministers’ Copyright Advisory Group (CAG),through the NCU, is responsible for copyright policyand administration for the Australian school andTAFE sector. This involves:• Managing the obligations under the educationalstatutory licenses• Advocating for better copyright laws on theSchool and TAFE sector’s behalf• Educating the School and TAFE sector regardingtheir copyright responsibilities2
3Smartcopying Website• 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 questionswww.smartcopying.edu.au
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/
7Copyright protects…FilmsSoundRecordingsBroadcastsPublishedEditions• cinematographicfilms• DVDs• televisionadvertisements• music videos• interactive games• interactive films• vinyl music orvoice• CD• DVD• audio cassettetapes• digital recordings(eg MP3 or AACfiles)• podcasts• radio and TVbroadcasts• podcasts andwebcasts of theabove• typesetting(the layout andlook of apublication)‘Other Subject Matter’
Copyright in essenceGives the copyright owner the rightto:copyperformcommunicate to the publicthe copyright material.8
Copying Activitiesscanning downloadingprintingSaving to usb/hardrivePhotocoPyingSaving to mobile phone / smartphone / iPod / iPad9Upload to cloud
Performance Activitiesplaying films and sound recordingssinging songsPlaying instrumentsacting out a playreciting a poem10
Communication Activitiesmake available to studentsonline(intranet, LMS, wiki, etc)email to studentsdisplay on interactive whiteboard11
12What can teachers copy andcommunicate?Whatever the licence says you can.
13What can teachers copy andcommunicate?Teachers are able to re-use copyrightmaterials, without further permission neededdue to:A. Statutory Licences (text, pics, TV)B. Voluntary Licences (music)C. Free Use Exceptions (video,performances)
Copyright myths14• Because its online, I can copy it for free• I can copy what I want - its for education,its not for profit• I can copy what I want so long as Iattribute the source• Google Images = free to use!
15Statutory Licences• Part VB: Statutory Text and Artistic Works Licence• Part VA: Statutory Broadcast Licence
16Part VB: Statutory Text andArtistic Works 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 andelectronic form, including free and publicly availableinternet sites.
17Part 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 CopyrightGuidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700
18You 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 ifon the same subject matter)• One literary or dramatic work in an anthology(15p max) (eg one short story)Part VB: Copying Limits
19Pt VB: Copying LimitsCan copy more (eg the whole work) if:• it has not been separately published• or is not commercially available within areasonable time at an ordinary commercialprice.• Reasonable time:• Textbooks: 6 months• All other material: 30 days
20Part 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’ or openly licenced (CreativeCommons) – which allows for copying.• Website terms and conditions will determine whether a website is‘free for education’ or openly licensed.• Look for creative commons material• Website terms and conditions that include:• Free to use• Free to use in your organisation• Free for educational useFor further information see Understanding Website Terms and Conditions on the Smartcopying website:http://www.smartcopying.edu.au/scw/go/pid/999
Pt VB: Simultaneous Storage Rule Licence does not allow two parts of a work -eg two 10% excerpts - to be made availableonline at once. To minimise risk of infringement, restrictaccess to relevant classes only.• Class A sees chapter A : Class B sees chapter B23
Pt VB: Notice Requirements Mandatory notice must be attached to allcopies made available online Notice is available on the Smartcopying website at:www.smartcopying.edu.au/scw/go/pid/70524
26Pt VB: Copying LimitsStatutory Text and Artistic Licence doesn’t permit:• mass digitisation of books• mass copying of ebooks• copying of softwareFor more information, see “Education Licence B” in the“National Copyright Guidelines” at:http://www.smartcopying.edu.au/scw/go/pid/700
27Part VA Statutory BroadcastLicenceCovers the copying and communication of:• TV and radio broadcasts• TV/radio from a broadcaster’s website IF it has beenbroadcast on free-to-airDoes not cover online TV/radio:• from Pay TV sources• which have not been broadcast – IPTV, Netflix,YoutubeFor more information see:“Education Licence A” in the “National Copyright Guidelines”:http://www.smartcopying.edu.au/scw/go/pid/699
28Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted
29Pt 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
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCEFORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THECOPYRIGHT ACT 1968COMMONWEALTH OF AUSTRALIACopyright Regulations 1969WARNINGThis 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 ( theAct ).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 subjectof copyright protection under the Act.Do not remove this notice.30
31Part VA:ClickView & Video Commander Using ClickView, Video Commander or othersrepositories to copy and communicate broadcasts Permitted because of the Pt VA the StatutoryBroadcast Licence. Note… as they make copying so easy, costs underthe 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 tostudents and teachers online for longer than 12 months arepaid for again.• Attach the mandatory notice.
33Music 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.
35s 28 - performing orcommunicating in class foreducational instruction• Allows schools to perform andcommunicate material in class (includesremote students)• A free exception – no fees are paid.• Does not permit copying – justperforming/playing in classSee “Performance and Communication of works and audio-visual material –What am I allowed to do?” :http://www.smartcopying.edu.au/scw/go/pid/535
36s 200AB: Flexible Dealing• If you want to use copyright material in a way notpermitted by the statutory licences or other exceptionsunder the Copyright Act, you may be able to rely on s200AB.• Permits schools to copy and make limited use ofcopyright material for free, for educational instruction, ifthe use satisfies a number of criteria.• You must assess your proposed use against thosecriteria on a case-by-case basis.See information sheet:“The New Flexible Dealing Exception – What am I allowed to do?”:http://www.smartcopying.edu.au/scw/go/pid/542
S 200AB criteria1. Your proposed use is not covered by anexisting statutory licence or exception2. Your proposed use is for the purpose ofeducation instruction and is not for profit3. Your proposed use isn’t ‘unreasonable’37
Common activities permitted underflexible dealing• Teachers may copy videos (eg YouTube) and soundrecordings (eg podcasts, music) under flexibledealing subject to certain requirements. Converting VHS to DVD where it is not possible tobuy a DVD of that film and the DVD is needed foreducational instruction Preparing an arrangement of a musical work forstudents to perform in a music class when youcannot buy the arrangement you need38
39Common activities permitted underflexible dealing• Compile short extracts of audio-visual material for use inclass, eg making DVD of short films clips from VHS ordigital files when it is not possible to purchase similarteaching resources.• Format shift audiovisual content from CD to digital foruse on iPads, etc lacking CD-ROM drives when it is notpossible to buy a digital version of the film or soundrecording.• 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
s 200AB and Commercial DVDsCannot copy from commercial DVDs.• Commercial DVDs are protected by ATPMs - accesscontrol technological protection measures.• ATPMs – any technology that prevents a user fromeasily 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 toinvolve circumventing the ATPM and therefore is illegal.See information sheet ‘Technological Protection Measures and the CopyrightAmendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
41s 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 orcollection just in case it will be useful later on.• Any format shifting needs to be done for the purpose ofgiving 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
42s 200AB:Flexible Dealing Dos and Don’ts• Don’t copy more than you need. If you copy too large anamount, it might not be covered by this exception.• Access to s 200AB copies must be limited to thosestudents who need to use the material for a class exercise,homework or research task• Remove once no longer needed the s 200AB copy fromthe LMS, school intranet, class blog/wiki, portal orinteractive media gallery as soon as practical, once nolonger 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
43Snapshot SummaryPart VB Copying limits:10% or 1 chapter Attach notice ifcommunicating.Part VANo copyinglimits.Can formatshift.Attach notice ifcommunicating.s.200ABLimited formatshifting rights.You cannot buy it.Only copy whatyou need.Schools’musiclicenceImages or print worksOff air television and radiobroadcastsPodcasts of free-to-airbroadcasts (available onthe broadcaster’s website)YouTube videosDVDs and videosNote: Most commercial DVDsare protected by ATPMs andcannot be copied because itillegal to circumvent an ATPM.Cassette tapes and CDsTypeofMaterialCopied and Communicated Under
44Tricky areas: YouTube The terms of YouTube provide that the contentcan only be used for ‘personal, non-commercial’ use. This may not include copying by educationalinstitutions for ‘educational use’.
4545YouTubeCan I copy YouTube videos for use in class or as part of a resource?• There is no clear answer.• You may be able copy a YouTube video and use it for educationalinstruction under s 200 AB….. BUT the terms and conditions of YouTube may not strictly allow this.• It is arguable that the terms and conditions do not form a contract andtherefore are not enforceable because sufficient notice is not provided.• YouTube now allows video owners to upload their videos under aCreative Commons licence so they can share their work with others.Teachers Tube is a great alternative: www.teachertube.comFor further information: “YouTube: Use by Teachers” : http://www.smartcopying.edu.au/scw/go/pid/855“Teachers Tube: Use by Teachers”: http://www.smartcopying.edu.au/scw/go/pid/858
4646YouTube: Linking andStreaming Practical alternatives to copying videos off YouTubeinclude:• Directly streaming YouTube videos in class (permittedunder s 28) – from YouTube website or via a linkembedded on another website.• Linking or embedding the YouTube video. Not acopyright activity - you are not copying the content.See information sheets: “YouTube: Use by Teachers”http://www.smartcopying.edu.au/scw/go/pid/855“Performance and Communication of works and audio-visual materialin class – What am I allowed to do?”http://www.smartcopying.edu.au/scw/go/pid/544
iTunes The schools new recordings agreement(AMCOS|ARIA|APRA licence) overrides thegeneral terms of iTunes What that means:• Previously: iTunes had the sameissues/concerns that YouTube does• Now: Schools can use music from iTunesfor educational purposes without anyconcerns47
Smartcopying tips…Link – link or embed material wheneverpossible. Dont download or copy.Providing a link is not a copyright activity. Youare not copying the content, just providing areference to its location elsewhere.48
Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes shouldbe properly attributed.• Attribution info needs to include details of the copyright ownerand/or author, where the material was sourced from and when.• Attributing is important to ensure that we dont pay licence feesfor material we already own or are allowed to use• eg teacher/school/student created contentSee labelling information sheet at:http://www.smartcopying.edu.au/scw/go/pid/53249
Smartcopying tips…Limit – ensure access to material islimited to relevant students only Once material is communicated to an entire institute/campus orjurisdiction, the risk of copyright infringement increasesdramatically.Limiting access is an important cost management practice.Collecting societies believe that the value of content increaseswith the number of people who can access it.50
Smartcopying tips…Clear out unwanted content regularlyMaterial copied and communicated under theStatutory Licences is paid for again for every12 months it remains live.Clearing out material that is no longerrequired is one practical way of managing thecopyright costs.51
Smartcopying tips…Clear out unwanted content regularlyTwo options:Archive – for material that is not currently beingused but is likely to be used in the future.Move it into a closed area on the repository orelsewhere online where it can only be accessed byone person, such as the school librarian, ICTManager or teacher who uploaded the material torepository in the first place.52
Smartcopying tips…Clear out unwanted content regularlyTwo options:Delete – for material that the school no longerrequires for educational purposes should becompletely deleted from the repository.53
Smartcopying tips…Use Open Education Resources• Material whose owner has given permission for thematerial to be used for educational purposes, forfree• Depending on the licence, OER can also bemodified and shared by teachers and students.54
55LinkLabelLimitClear out contentConsider OERSmartcopying:
57Some CopyrightChallenges• While there is a lot that teachers can copy, the licence schemes andfree use exceptions are restrictive and complicated:• Teachers are burdened with complex copying limits and mandatorynotice requirements under the Statutory Licences.• Teachers cannot modify, share or remix material except in limitedcircumstances.• The material can only be made available to parents and the communityin limited circumstances.Free for education, open education and creativecommons material is a great alternative!See list of Free for education/Open education resources on smartcopying at:http://www.smartcopying.edu.au/scw/go/pid/933See Creative Commons information pack on smartcopying at:http://www.smartcopying.edu.au/scw/go/pid/953
58Open EducationResources• OER are teaching and learning materials that are freelyavailable online for everyone to use, whether you are ateacher, student or self learner.• OER includes resources of all sorts: worksheets,curriculum materials, lectures, homework assignments,quizzes, class activities, pedagogical materials, gamesand many more resources from around the world.See: www.oercommons.org
59OER: Fundamental Values•OER share some fundamentalvalues:• Resources are free for any individual to use• Are licensed for unrestricted distribution• Possibility of adaptation, translation, re-mix,and improvement.
OER in a nutshell OER is about creating repositories ofmaterial which are free to:AccessUseModifyShare60
62OER and Creative Commons• Most OER resources use Creative Commons(CC) licences.• This is because CC licences are well knownblanket licences that are free and easy to use.• A creator needs only to do one thing - selectthe type of licence they want from the CCwebsite!
OER: How it all works What is CC?• CC creates a “some rights reserved”model.• The copyright owner retains copyrightownership in their work while invitingcertain uses of their work by the public.• CC licences create choice and options forthe copyright owner.63
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 aparticular attribution. Open Attribute (http://openattribute.com) is a tool recently developedby Mozilla Drumbeat to assist users of CC material properly attributethe CC material.For further information on attributing CC material, see:http://www.smartcopying.edu.au/scw/go/pid/95671
Example: Image licensed under CC Attribution licence72Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685
In Australia: Free for Education (FFE)•‘Free for education’ (FFE) material is similar to OER•But FFE material may not permit a teacher tocommunicate, modify or share the material. This willdepend on the particular terms and conditions of use.The Smartcopying website lists good some FFE resources:www.smartcopying.edu.au/scw/go/pid/93673
Resources- Free for Education A number of organisations have agreed to maketheir 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 copiedfor ‘educational purposes’.The Smartcopying website lists FFE websites:http://www.smartcopying.edu.au/scw/go/pid/93680
Resources- Creative Commons Encyclopedia – Wikipedia Photos - Flickr Videos - Blip.tv Music - Magnatune Sounds - Opsound Articles - Directory of Open Access Journals Remix community – ccMixter Everything else - Internet Archive81
Smartcopying Fact Sheets Using Digital Content Repositories - Copyright Compliance Manualfor Schools: www.smartcopying.edu.au/scw/go/pid/1020 Understanding Website Terms and Conditions:www.smartcopying.edu.au/scw/go/pid/999 Creative Commons information pack:www.smartcopying.edu.au/scw/go/pid/953 Open Education/Free for Education Resources:http://www.smartcopying.edu.au/scw/go/pid/933 Using Wikis and Blogs: www.smartcopying.edu.au/scw/go/pid/944 Using YouTube: www.smartcopying.edu.au/scw/go/pid/855 Using iTunes: www.smartcopying.edu.au/scw/go/pid/104982
More information• Copyright for school and VET teachers (Australia focus)• Practical and simple information sheets and FAQs• Interactive teaching resources on copyright• Search the site for answers to your copyright questionswww.smartcopying.edu.au
Copyright 4 Educators• Peer 2 Peer University – www.p2pu.com• Free online course for educators who want to learn aboutcopyright, statutory licensing, educational exceptions and openeducational resources 7 week course beginning July 29th Signups open July 15th More information on the Smartcopying website or here on theP2PU website:https://p2pu.org/en/courses/111/copyright-4-educators-aus/ Other relevant courses now open:• Intro to Openness in Education• Creative Commons for K-12 Educators92
Questions1. Changing format- digitising off air programs onto e.g.hard drives; General copyright info with off air tapingThe Part VA (Statutory broadcast) licence covers copying fromtelevision programs from free-to-air and subscription (pay TV)channels for educational purposes.Part VA allows format shiftingPart VA does not cover copying from online TV/radio:• from Pay TV source• which have not been broadcast – IPTV, Netflix, YoutubeIf you want to copy (and/or format shift) something not coveredby Part VA, you’ll have to rely on s 200AB93
Questions – 1 cont’d And of course you are always allowed to:• Stream directly to the class (s28)• Provide a link to the material to the students For more information – Smartcopying website• Off-air radio and television programs• http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/1030/ctnscroll_guidelinesContainer/1_0• Format shifting• Information sheet: http://www.smartcopying.edu.au/scw/go/pid/529• FAQs: http://www.smartcopying.edu.au/scw/go/pid/744• Statutory Broadcast Licence• http://www.smartcopying.edu.au/scw/go/pid/699• Flexible dealing• Information sheet: http://www.smartcopying.edu.au/scw/go/pid/542• FAQs: http://www.smartcopying.edu.au/scw/go/pid/743• Performance and Communication in Class (s28)• http://www.smartcopying.edu.au/scw/go/pid/54494
Questions: 2 cont’d• If you are relying on a statutory licence to copy, you should includeenough information to enable someone else to identify the copyrightowner:• These details may include the name of the author, title,publisher, edition or date of publication and ISBN or ISSN:Copied Under Part VB, Edgar, S, Mathematics Unplugged ,Bristol Press, Castle Hill, NSW 2002, ISBN 0456315634, pp62-71.• If you are copying from a website, you should include the fullURL address: Copied Under Part VB,www.abc.net.au/science/news/stories/2007/1892736.html,accessed 15 May 2013• Citation of digital images: use the guidelines coveringattribution96
Questions: 2 cont’d Creative Commons material:• CC requires that you label materials with (example on slide 76):• author/copyright owner,• title and source,• type of CC licence that applies• a link to the licence terms. Open Attribute (http://openattribute.com) tool For further information on attributing CC material, see:• http://www.smartcopying.edu.au/scw/webdav/site/scwsite/shared/attribute.pdf All this information and more, including a flow chart (on page 2),can be found on the Smartcopying website:• http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/530/ctnscroll_guidelinesContainer/1_097
Questions3. All my own workIf you create an original resource, then you or youremployer will own the copyright in that workYou should label the resource accordinglyYou can use the resource however you wish and willnot pay any fees98
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