Copyright in a Digital World-Open Education Resources11 June 2013Sydney Region Teacher Librarian NetworkJessica SmithNatio...
National Copyright Unit (NCU) The Ministers’ Copyright Advisory Group (CAG),through the NCU, is responsible for copyright...
3Smartcopying Website• National Copyright Guidelines for Schools and TAFEs• Practical and simple information sheets and FA...
Slides available @http://www.slideshare.net/nationalcopyrightunit/This work is licensed under the CC Attribution-ShareAlik...
5Outline• What copyright covers• What you can do with © material• OER – way of the future?
6Copyright protects…Artistic Literary Musical Dramatic• paintings• illustrations• sculptures• graphics• cartoons• photogra...
7Copyright protects…FilmsSoundRecordingsBroadcastsPublishedEditions• cinematographicfilms• DVDs• televisionadvertisements•...
Copyright in essenceGives the copyright owner the rightto:copyperformcommunicate to the publicthe copyright material.8
Copying Activitiesscanning downloadingprintingSaving to usb/hardrivePhotocoPyingSaving to mobile phone / smartphone / iPod...
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 ...
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 neededd...
14Statutory Licences• Part VB: Statutory Text and Artistic Works Licence• Part VA: Statutory Broadcast Licence
15Part VB: Statutory Text andArtistic Works LicenceUnder this licence, a teacher can copy andcommunicate (email, place onl...
16Part VB: Copying LimitsThere are specific copying limits under Part VB.You can only copy a reasonable portion.For more i...
17You 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 ...
18Pt VB: Copying LimitsCan copy more (eg the whole work) if:• it has not been separately published• or is not commercially...
19Part VB: Copying from websites• Available on the web does not mean free to use• Almost all web content is protected by c...
Pt VB: Simultaneous Storage Rule Licence does not allow two parts of a work -eg two 10% excerpts - to be made availableon...
Pt VB: Notice Requirements Mandatory notice must be attached to allcopies made available online Notice is available on t...
Pt VB: Notice Requirements22
23Pt VB: Copying LimitsStatutory Text and Artistic Licence doesn’t permit:• mass digitisation of books• mass copying of eb...
24Part VA Statutory BroadcastLicenceCovers the copying and communication of:• TV and radio broadcasts• TV/radio from a bro...
25Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted
26Pt VA: Notice Requirements• If putting a copy online (eg IWB, LMS, wiki,blog, school intranet)….you must attach the pres...
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCEFORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THECOPYRIGHT ACT 1968COMMON...
28Part VA:ClickView & Video Commander Using ClickView, Video Commander or othersrepositories to copy and communicate broa...
29Voluntarylicences
30Music licencesUnder paid licences with copyright owners, schools can:copy music from CD to use in Powerpoint or teachin...
31Freeexceptions
32s 28 - performing orcommunicating in class foreducational instruction• Allows schools to perform andcommunicate material...
33s 200AB: Flexible Dealing• If you want to use copyright material in a way notpermitted by the statutory licences or othe...
S 200AB criteria1. Your proposed use is not covered by anexisting statutory licence or exception2. Your proposed use is fo...
Common activities permitted underflexible dealing• Teachers may copy videos (eg YouTube) and soundrecordings (eg podcasts,...
36Common activities permitted underflexible dealing• Compile short extracts of audio-visual material for use inclass, eg m...
s 200AB and Commercial DVDsCannot copy from commercial DVDs.• Commercial DVDs are protected by ATPMs - accesscontrol techn...
38s 200AB:Flexible Dealing Dos and Don’ts• Do not use pirated material.• ‘Just in case’ format shifting is not permitted:•...
39s 200AB:Flexible Dealing Dos and Don’ts• Don’t copy more than you need. If you copy too large anamount, it might not be ...
40Snapshot SummaryPart VB Copying limits:10% or 1 chapter Attach notice ifcommunicating.Part VANo copyinglimits.Can fo...
41Tricky areas: YouTube The terms of YouTube provide that the contentcan only be used for ‘personal, non-commercial’ use....
4242YouTubeCan I copy YouTube videos for use in class or as part of a resource?• There is no clear answer.• You may be abl...
4343YouTube: Linking andStreaming Practical alternatives to copying videos off YouTubeinclude:• Directly streaming YouTub...
iTunes The schools new recordings agreement(AMCOS|ARIA|APRA licence) overrides thegeneral terms of iTunes What that mean...
Smartcopying tips…Link – link or embed material wheneverpossible. Dont download or copy.Providing a link is not a copyrigh...
Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes shouldbe pr...
Smartcopying tips…Limit – ensure access to material islimited to relevant students only Once material is communicated to ...
Smartcopying tips…Clear out unwanted content regularlyMaterial copied and communicated under theStatutory Licences is pai...
Smartcopying tips…Clear out unwanted content regularlyTwo options:Archive – for material that is not currently beingused b...
Smartcopying tips…Clear out unwanted content regularlyTwo options:Delete – for material that the school no longerrequires ...
Smartcopying tips…Use Open Education Resources• Material whose owner has given permission for thematerial to be used for e...
52LinkLabelLimitClear out contentConsider OERSmartcopying:
53OpenEducationResources
54Some CopyrightChallenges• While there is a lot that teachers can copy, the licence schemes andfree use exceptions are re...
55Open EducationResources• OER are teaching and learning materials that are freelyavailable online for everyone to use, wh...
56OER: Fundamental Values•OER share some fundamentalvalues:• Resources are free for any individual to use• Are licensed fo...
OER in a nutshell OER is about creating repositories ofmaterial which are free to:AccessUseModifyShare57
58CreativeCommonshttp://www.flickr.com/photos/kalexanderson/6051120264/
59OER and Creative Commons• Most OER resources use Creative Commons(CC) licences.• This is because CC licences are well kn...
OER: How it all works What is CC?• CC creates a “some rights reserved”model.• The copyright owner retains copyrightowners...
61Obtaining a CCLicence: 2 EasySteps
AttributionNon-Commercial No Derivative WorksShare AlikeStep 1: Choose ConditionsCC BY – C Green 2011
Step 2: Receive a LicenseCC BY – C Green 2011
most freeleast freeCC BY – Adapted from Green 2011
Over 500 million itemsCC BY – C Green 2011
CC BY – C Green 2011
175+ Million CC Licensed Photos on Flickr67
Attributing CC material CC requires that you label materials with:• author/copyright owner,• title and source,• type of C...
Example: Image licensed under CC Attribution licence69Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/...
In Australia: Free for Education (FFE)•‘Free for education’ (FFE) material is similar to OER•But FFE material may not perm...
© 2011 Education Services Australia Limited
72OERDevelopmentsin Australia
75OERTeachingResources
General teaching resources• Curriki: http://www.curriki.org/• OER Commons:www.oercommons.org/• Encyclopaedia of Life:www.e...
Specific resources Articles: Directory of Open Access Journals: http://www.doaj.org/ Videos: Youtube Creative Commons vi...
OER resources - Music http://www.jamendo.com/en http://www.purple-planet.com https://soundcloud.com/ http://freemusica...
How to find OER resourcesCreative Commons SearchGoogle Advanced Search79
82GlobalSnapshot
Higher Ed CC BY – C Green 2011
Higher Ed
Government
References for this presentation This presentation –http://www.slideshare.net/nationalcopyrightunit/ Smartcopying websit...
More information• Copyright for school and VET teachers (Australia focus)• Practical and simple information sheets and FAQ...
Delia BrowneNational Copyright Directordelia.browne@det.nsw.edu.au(02) 9561 8876Jessica SmithNational Copyright OfficerJes...
Copyright 4 Educators• Peer 2 Peer University – www.p2pu.com• Free online course for educators who want to learn aboutcopy...
Making Learning Connected Free, online course being offered through P2PU’s school ofeducation (https://p2pu.org/en/school...
130611 - Sydney Region Teacher Librarian Network
130611 - Sydney Region Teacher Librarian Network
130611 - Sydney Region Teacher Librarian Network
130611 - Sydney Region Teacher Librarian Network
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  • So copyright covers a wide array of materials and activities. Luckily there are educational exceptions and licences that allow teachers to do a lot with copyright material without needing to seek permission from the individual copyright owners.
  • We’ve negotiated contracts for all the Schools in Australia. These contracts take into consideration everything that needs to be taken into consideration. So we’ve done all of this for you. The easiest way to know what you can copy and communicate is to find out what these licences say. To do this you need to visit our website, get in touch with your CAG representative, or get in touch with us. There will be a few times when you need to look outside the licence. Such as when you enter into contracts to use certain material. But for general copyright material, the licence we’ve negotiated on your behalf will tell you what you can and can not do.
  • Teachers/schools have rights to copy under: Statutory Licences Voluntary Licences Free Use Exceptions Both allow teachers to re-use copyright materials, without the permission of the copyright owner. The array of licences that the NCU negotiates on behalf of the schools takes into consideration A and B – statutory licences and voluntary licences. Category C are completely free exceptions. Given to educational institutions in the Copyright Act.
  • This is how you’re able to copy entire works. This will frequently come into play with internet sources. “ Schools /TAFE institutes can  copy  a whole  work  on the Internet if it has not been separately published  and is not available within a  reasonable time  at an  ordinary commercial price .” Note that a reasonable time is only a guideline and can change with the circumstances. If 6 months/30 days is not reasonable to your specific circumstance, then those guidelines may not apply. This will be a judgment call based on the circumstances, and you are more than welcome to give us a ring if you’d like a second opinion.
  • A teacher can quote and copy extracts from a website with no terms and conditions if it is done for educational purposes. This is covered by the Part VB Statutory Licence and will be remunerable under the Part VB Statutory Licence. Note that a website can be copied under the statutory licence, but that is paid for. Every single time website material is copied, performed or communicated.
  • Practical way to include: include a link on the resource to the notice
  • Must see the notice before they log on/access material Provide a link TO the notice ON the copy
  • The music licences are relatively broad and allows a lot of uses of music. Especially sound recordings. We have a lot of information covering this on our website.
  • Note the difference between s 28 and s 200AB: s28 only allows performing or communicating in the classroom. It does not allow copying. S 200AB does allow copying.
  • 2 Educational instruction includes teaching (in a classroom or remotely), preparing to teach, compiling resources for student homework or research and doing anything else for the purpose of teaching Note that just in case copying will generally not be sufficient. Eg – I’ll copy this in case I need it sometime in the future. You should have a particular instructional purpose in mind. 3 Your proposed use must not conflict with the normal exploitation of the work nor unreasonably prejudice the interests of the copyright owner. Your use may be unreasonable in his sense if (for example): You can purchase the material or obtain a licence for your proposed use on reasonable terms If the material is commercially available, then you must purchase the material You have used more than you need Your use must be narrow and specific. You should only use as much of the material as you require for your specific purpose. And access to the material should be limited to the students who need it. You expose the material to a risk of piracy You should not be making copyright material available for further copying and reuse. This would be unreasonable prejudicial to the interests of the copyright owner in being able to control use of their work in the future. Okay to make the material available on a password protected online space just for students and teachers. But not okay to post on a public website or emailing around to students
  • 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
  • (ie, under the Copyright Act teachers are allowed to use and copy, but under the terms of use, they are not)
  • Total licensing fees for the schools in 2012: over 83 million. So these tips are simply looking to keep those fees down. 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. Applies to both photocopied and digital material
  • 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. “ OER are teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open licence that permits their free use and re-purposing by others.” 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.
  • You can do more with OER as compared with 'traditional' copyright material
  • 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.
  • 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/
  • 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)
  • 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.
  • 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
  • .... Search from Creative Commons' own website
  • 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
  • 130611 - Sydney Region Teacher Librarian Network

    1. 1. Copyright in a Digital World-Open Education Resources11 June 2013Sydney Region Teacher Librarian NetworkJessica SmithNational Copyright OfficerNational Copyright Unitwww.smartcopying.edu.au
    2. 2. 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
    3. 3. 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
    4. 4. 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/
    5. 5. 5Outline• What copyright covers• What you can do with © material• OER – way of the future?
    6. 6. 6Copyright protects…Artistic Literary Musical Dramatic• paintings• illustrations• sculptures• graphics• cartoons• photographs• drawings• maps• diagrams• buildings• models ofbuildings• moulds and castsfor sculptures• novels• textbooks• newspaper andmagazine articles• short stories• journals• poems• song lyrics• timetables• technical manuals• instructionmanuals• computer software• melodies• sheet music• pop songs• advertising jingles• film score• plays• screenplays• mime• choreography‘Works’
    7. 7. 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’
    8. 8. Copyright in essenceGives the copyright owner the rightto:copyperformcommunicate to the publicthe copyright material.8
    9. 9. Copying Activitiesscanning downloadingprintingSaving to usb/hardrivePhotocoPyingSaving to mobile phone / smartphone / iPod / iPad9Upload to cloud
    10. 10. Performance Activitiesplaying films and sound recordingssinging songsPlaying instrumentsacting out a playreciting a poem10
    11. 11. Communication Activitiesmake available to studentsonline(intranet, LMS, wiki, etc)email to studentsdisplay on interactive whiteboard11
    12. 12. 12What can teachers copy andcommunicate?Whatever the licence says you can.
    13. 13. 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)
    14. 14. 14Statutory Licences• Part VB: Statutory Text and Artistic Works Licence• Part VA: Statutory Broadcast Licence
    15. 15. 15Part 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.
    16. 16. 16Part 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
    17. 17. 17You 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
    18. 18. 18Pt 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
    19. 19. 19Part VB: Copying from websites• Available on the web does not mean free to use• Almost all web content is protected by copyright• Website terms and conditions will determine whether awebsite 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
    20. 20. 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 B20For more information see the “Using Digital Repositories – CopyrightManual for Schools” at www.smartcopying.edu.au/scw/go/pid/1020
    21. 21. 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/70521
    22. 22. Pt VB: Notice Requirements22
    23. 23. 23Pt 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
    24. 24. 24Part 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
    25. 25. 25Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted
    26. 26. 26Pt 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. 27. 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.27
    28. 28. 28Part 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.
    29. 29. 29Voluntarylicences
    30. 30. 30Music licencesUnder paid licences with copyright owners, schools can:copy music from CD to use in Powerpoint or teachingresourcescopy music to digital format for use in teachingcopy music to play in school performancescopy sheet music (subject to copy limits)for the educational purposes of the school.
    31. 31. 31Freeexceptions
    32. 32. 32s 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
    33. 33. 33s 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
    34. 34. 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’34
    35. 35. 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 need35
    36. 36. 36Common 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
    37. 37. 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
    38. 38. 38s 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
    39. 39. 39s 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 those studentswho need to use the material for a class exercise, homework orresearch task• Remove once no longer needed the s 200AB copy from theLMS, school intranet, class blog/wiki, portal or interactive mediagallery as soon as practical, once no longer required for theclass, 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
    40. 40. 40Snapshot SummaryPart VB Copying limits:10% or 1 chapter Attach notice ifcommunicating.Part VANo copyinglimits.Can formatshift.Attach notice ifcommunicating.s.200ABLimited 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
    41. 41. 41Tricky 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’.
    42. 42. 4242YouTubeCan 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
    43. 43. 4343YouTube: 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
    44. 44. 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 anyconcerns44
    45. 45. 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.45
    46. 46. 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/53246
    47. 47. 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.47
    48. 48. Smartcopying tips…Clear out unwanted content regularlyMaterial 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.48
    49. 49. 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.49
    50. 50. 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.50
    51. 51. 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.51
    52. 52. 52LinkLabelLimitClear out contentConsider OERSmartcopying:
    53. 53. 53OpenEducationResources
    54. 54. 54Some 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
    55. 55. 55Open 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
    56. 56. 56OER: 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.
    57. 57. OER in a nutshell OER is about creating repositories ofmaterial which are free to:AccessUseModifyShare57
    58. 58. 58CreativeCommonshttp://www.flickr.com/photos/kalexanderson/6051120264/
    59. 59. 59OER 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!
    60. 60. 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.60
    61. 61. 61Obtaining a CCLicence: 2 EasySteps
    62. 62. AttributionNon-Commercial No Derivative WorksShare AlikeStep 1: Choose ConditionsCC BY – C Green 2011
    63. 63. Step 2: Receive a LicenseCC BY – C Green 2011
    64. 64. most freeleast freeCC BY – Adapted from Green 2011
    65. 65. Over 500 million itemsCC BY – C Green 2011
    66. 66. CC BY – C Green 2011
    67. 67. 175+ Million CC Licensed Photos on Flickr67
    68. 68. 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/95668
    69. 69. Example: Image licensed under CC Attribution licence69Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685
    70. 70. 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/93670
    71. 71. © 2011 Education Services Australia Limited
    72. 72. 72OERDevelopmentsin Australia
    73. 73. 75OERTeachingResources
    74. 74. General teaching resources• Curriki: http://www.curriki.org/• OER Commons:www.oercommons.org/• Encyclopaedia of Life:www.eol.org/• Connexions: www.cnx.org/• Teaching Ideas:www.teachingideas.co.uk/• Encyclopedia:http://en.wikipedia.org• Wikieducator:http://wikieducator.org/• Trove: http://trove.nla.gov.au/• TedEd: http://ed.ted.com• Scribd: http://www.scribd.com• LeMill: http://lemill.net/76The Smartcopying website lists OER:http://www.smartcopying.edu.au/scw/go/pid/936
    75. 75. Specific resources Articles: Directory of Open Access Journals: http://www.doaj.org/ Videos: Youtube Creative Commons videos - you can search then filterresults for only Creative Commons licenced videos: http://www.youtube.com/ Maps: http://www.maps-for-free.com/ Sound effects:• http://www.freesound.org/• http://incompetech.com/music/royalty-free/ Images:• CC finder: software that you can download for free which then allows youto search the web for CC images: http://www.abelssoft.net/ccfinder.php• Flickr: http://www.flickr.com/creativecommons/77
    76. 76. OER resources - Music http://www.jamendo.com/en http://www.purple-planet.com https://soundcloud.com/ http://freemusicarchive.org/ http://creativecommons.org/audio/ http://www.indabamusic.com/ http://bandcamp.com/ http://www.tribeofnoise.com/ http://ccmixter.org/ http://opsound.org/index.php78
    77. 77. How to find OER resourcesCreative Commons SearchGoogle Advanced Search79
    78. 78. 82GlobalSnapshot
    79. 79. Higher Ed CC BY – C Green 2011
    80. 80. Higher Ed
    81. 81. Government
    82. 82. References for this presentation This presentation –http://www.slideshare.net/nationalcopyrightunit/ Smartcopying website - http://www.smartcopying.edu.au/scw/go CC BY – C Green 2011 – The obviousness of open-policy, © 2011Cable Green - http://www.slideshare.net/cgreen/sloan-the-obviousness-of-open-policy used under a Creative CommonsAttribution licence: http://creativecommons.org/licenses/by/3.0/ Flickr images - http://www.flickr.com/ CC in Australia - http://creativecommons.org.au/ CC in Australian government -http://wiki.creativecommons.org/Government_use_of_Creative_Commons#Australia86
    83. 83. 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
    84. 84. Delia BrowneNational Copyright Directordelia.browne@det.nsw.edu.au(02) 9561 8876Jessica SmithNational Copyright OfficerJessica.Smith81@det.nsw.edu.au(02) 9561 8730www.smartcopying.edu.auslideshare.net/nationalcopyrightunit88More Information
    85. 85. 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 Educators89
    86. 86. Making Learning Connected Free, online course being offered through P2PU’s school ofeducation (https://p2pu.org/en/schools/school-of-ed-pilot/) MOOC for educators being put together by the National WritingProject (http://www.nwp.org/) A collaborative, knowledge-building and sharing experienceopen to anyone who’s interested in making, creativity andlearning. A 6 week course, beginning on June 15th. More information:• http://blog.nwp.org/clmooc/about/90

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