Copyright in a Digital World
-
Open Education Resources
18 July 2013
QLD TAFE Video Conference
Jessica Smith
National Copy...
National Copyright Unit (NCU)
 The Ministers’ Copyright Advisory Group (CAG),
through the NCU, is responsible for copyrig...
3
Smartcopying Website
• National Copyright Guidelines for Schools and TAFEs
• Practical and simple information sheets and...
Slides available @
http://www.slideshare.net/nationalcopyrightunit/
This work is licensed under the CC Attribution-ShareAl...
5
Outline
• What copyright covers
• What you can do with © material
• OER – Open educational resources
6
Copyright protects…
Artistic Literary Musical Dramatic
• paintings
• illustrations
• sculptures
• graphics
• cartoons
• ...
7
Copyright protects…
Films
Sound
Recordings
Broadcasts
Published
Editions
• cinematographic
films
• DVDs
• television
adv...
Copyright in essence
Gives the copyright owner the right
to:

copy

perform

communicate to the public
the copyright ma...
Copying Activities
scanning downloading
printing
Saving to usb/hardrive
PhotocoPying
Saving to mobile phone / smartphone /...
Performance Activities
playing films and sound recordings
singing songs
Playing instruments
acting out a play
reciting a p...
Communication Activities
make available to students
online
(intranet, LMS, wiki, etc)
email to students
display on interac...
12
What can teachers copy and
communicate?
Whatever the licence says you can.
13
What can teachers copy and
communicate?
Teachers are able to re-use copyright
materials, without further permission nee...
14
Statutory Licences
• Part VB: Statutory Text and Artistic Works Licence
• Part VA: Statutory Broadcast Licence
15
Cost Burden of Statutory Licences
 TAFE institutes have statutory
obligations to pay fees for their use of
other peopl...
16
Part VB: Statutory Text and
Artistic Works Licence
Under this licence, a teacher can copy and
communicate (email, place...
17
Part VB: Copying Limits
There are specific copying limits under Part VB.
You can only copy a reasonable portion.
For mo...
18
You can only copy a reasonable portion:
• 10% or 1 chapter of a hardcopy book or e-book
• 10% of words on a website or ...
19
Pt VB: Copying Limits
Can copy more (eg the whole work) if:
• it has not been separately published
• or is not commerci...
20
Part VB: Copying from websites
• 'Available on the web' does not mean 'free to use'
• Almost all web content is protect...
Pt VB: Notice Requirements
 Mandatory notice must be attached to all
copies that are made under the Pt VB licence
and mad...
Pt VB: Notice Requirements
22
23
Pt VB: Copying Limits
Statutory Text and Artistic Licence doesn’t permit:
• mass digitisation of books
• mass copying o...
24
Part VA Statutory Broadcast
Licence
Covers the copying and communication of:
• TV and radio broadcasts
• TV/radio from ...
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 ...
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE
FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE
COPYRIGHT ACT 1968
COM...
28
Part VA:
ClickView & Video Commander
 Using ClickView, Video Commander or others
repositories to copy and communicate ...
29
Free
exceptions
30
s 28 - performing or
communicating in class for
educational instruction
• Allows educational institutions to perform
an...
31
s.200AB: Flexible Dealing
• Rely on flexible dealing when no statutory licence (Part
VA or Part VB) or free use excepti...
Free Use Exceptions: Flexible
Dealing
1. Is my use covered by a statutory licence or
exception?
2. Am I using this for giv...
Common activities permitted under
flexible dealing
• Teachers may copy videos (eg YouTube) and sound
recordings (eg podcas...
34
Common activities permitted under
flexible dealing
• Compile short extracts of audio-visual material for use in
class, ...
s 200AB and Commercial DVDs
Cannot copy from commercial DVDs.
• Commercial DVDs are protected by ATPMs - access
control te...
36
s 200AB:
Flexible Dealing Dos and Don’
ts
• Do not use pirated material.
• ‘Just in case’ format shifting is not permit...
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...
38
Snapshot Summary
Part VB
 Copying limits: 10%
or 1 chapter of book,
10% of words on a
website or CDRom.
 Attach notic...
39
Tricky areas: YouTube and iTunes
 The terms of YouTube and iTunes provide that
the content can only be used for ‘perso...
4040
YouTube and iTunes
Can I copy YouTube videos and iTunes music for use in class or as part of a
resource?
• There is n...
4141
YouTube and iTunes: Linking
and Streaming
 Practical alternatives to copying videos or music off
YouTube or iTunes i...
Smartcopying tips…
Link – link or embed material whenever
possible. Don't download or copy.
Providing a link is not a copy...
Smartcopying tips…
Label – always attribute the source.
• All material created and used for educational purposes should
be...
Smartcopying tips…
Limit – ensure access to material is
limited to relevant students only
 Once material is communicated ...
Smartcopying tips…
Clear out unwanted content regularly
 Material copied and communicated under the
Statutory Licences is...
Smartcopying tips…
Clear out unwanted content regularly
Two options:
Archive – for material that is not currently being
us...
Smartcopying tips…
Clear out unwanted content regularly
Two options:
Delete – for material that the school no longer
requi...
Smartcopying tips…
Use Open Education Resources
• Material whose owner has given permission for the
material to be used fo...
49
Link
Label
Limit
Clear out content
Consider OER
Smartcopying:
50
Open
Education
Resources
51
Some Copyright
Challenges
• While there is a lot that teachers can copy, the licence schemes and
free use exceptions ar...
52
Open Education
Resources
• OER are teaching and learning materials that are freely
available online for everyone to use...
53
OER: Fundamental Values
•OER share some fundamental
values:
• Resources are free for any individual to use
• Are licens...
OER in a nutshell
 OER is about creating repositories of
material which are free to:
Access
Use
Modify
Share
54
55
Creative
Commons
http://www.flickr.com/photos/kalexanderson/6051120264/
56
OER and Creative Commons
• Most OER resources use Creative Commons
(CC) licences.
• This is because CC licences are wel...
OER: How it all works
 What is CC?
• CC creates a “some rights reserved”
model.
• The copyright owner retains copyright
o...
58
Obtaining a CC
Licence: 2 Easy
Steps
Attribution
Non-Commercial No Derivative Works
Share Alike
Step 1: Choose Conditions
CC BY – C Green 2011
Step 2: Receive a License
CC BY – C Green 2011
most free
least free
CC BY – Adapted from Green 2011
Over 500 million items
CC BY – C Green 2011
CC BY – C Green 2011
175+ Million CC Licensed Photos on Flickr
64
Attributing CC material
 CC requires that you label materials with:
• author/copyright owner,
• title and source,
• type ...
Example: Image licensed under CC Attribution licence
66
Eid Mubarak by Hamed Saber available at
http://www.flickr.com/phot...
In Australia: Free for Education (FFE)
•‘Free for education’ (FFE) material is similar to OER
•But FFE material may not pe...
© 2011 Education Services Australia Limited
69
OER
Developments
in Australia
72
OER
Teaching
Resources
General teaching resources
• Curriki: http://www.curriki.org/
• OER Commons:
www.oercommons.org/
• Encyclopaedia of Life:
...
Specific resources
 Articles: Directory of Open Access Journals: http://www.doaj.org/
 Videos: YouTube Creative Commons ...
OER resources - Music
 http://www.jamendo.com/en
 http://www.purple-planet.com
 https://soundcloud.com/
 http://freemu...
How to find OER resources
Creative Commons Search
Google Advanced Search
76
References for this presentation
 This presentation –
http://www.slideshare.net/nationalcopyrightunit/
 Smartcopying web...
Delia Browne
National Copyright Director
Delia.Browne@det.nsw.edu.au
(02) 9561 8876
Sarah Lux-Lee
National Copyright Manag...
Copyright 4 Educators
• Peer 2 Peer University – www.p2pu.com
• Free online course for educators who want to learn about
c...
130718 - QLD TAFE - Video Conference
130718 - QLD TAFE - Video Conference
130718 - QLD TAFE - Video Conference
130718 - QLD TAFE - Video Conference
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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 QLD TAFEs. These contracts take into consideration everything that needs to be taken into consideration – all the different copyright regulations. So the easiest way to know what you can copy and communicate is to find out what these licences say. Luckily for you guys – you don’t have access to these lengthy contracts. So to see what the contracts say you need to visit our website, get in touch with your CAG representative, or get in touch with us.
  • Teachers 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. The array of licences that the NCU negotiates on behalf of TAFEs take into consideration Category A. Category B are completely free exceptions. Given to educational institutions in the Copyright Act.
  • In the school sector – over 80M Insubstantial – less than 2 pages. Unless the work is over 200 pages, then 1%
  • Note – what is reasonable will depend on the circumstances. But the general guidelines that are given are:
  • This is how you’re able to copy entire works. This will frequently come into play with internet sources. Note that a reasonable time is only a guideline and can change with the circumstances. If 3 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. Reasonable time: 3 months for textbooks and 30 days for all other resources.
  • 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. Look for creative commons material. Website terms and conditions that include: Free to use Free to use in your organisation Free for educational use
  • 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
  • Education instruction – the definition is rather broad Unreasonably prejudice – making the resource available for others to copy
  • ATPM, often shorted to TPM, technological protection measure 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
  • 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
  • 130718 - QLD TAFE - Video Conference

    1. 1. Copyright in a Digital World - Open Education Resources 18 July 2013 QLD TAFE Video Conference Jessica Smith National Copyright Officer National Copyright Unit www.smartcopying.edu.au
    2. 2. National Copyright Unit (NCU)  The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for copyright policy and administration for the Australian school and TAFE sector. This involves: • Managing the obligations under the educational statutory licenses • Advocating for better copyright laws on the School and TAFE sector’s behalf • Educating the School and TAFE sector regarding their copyright responsibilities 2
    3. 3. 3 Smartcopying 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 questions www.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. 5 Outline • What copyright covers • What you can do with © material • OER – Open educational resources
    6. 6. 6 Copyright protects… Artistic Literary Musical Dramatic • paintings • illustrations • sculptures • graphics • cartoons • photographs • drawings • maps • diagrams • buildings • models of buildings • moulds and casts for sculptures • novels • textbooks • newspaper and magazine articles • short stories • journals • poems • song lyrics • timetables • technical manuals • instruction manuals • computer software • melodies • sheet music • pop songs • advertising jingles • film score • plays • screenplays • mime • choreography ‘Works’
    7. 7. 7 Copyright protects… Films Sound Recordings Broadcasts Published Editions • cinematographic films • DVDs • television advertisements • music videos • interactive games • interactive films • vinyl music or voice • CD • DVD • audio cassette tapes • digital recordings (eg MP3 or AAC files) • podcasts • radio and TV broadcasts • podcasts and webcasts of the above • typesetting (the layout and look of a publication) ‘Other Subject Matter’
    8. 8. Copyright in essence Gives the copyright owner the right to:  copy  perform  communicate to the public the copyright material. 8
    9. 9. Copying Activities scanning downloading printing Saving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 9 Upload to cloud
    10. 10. Performance Activities playing films and sound recordings singing songs Playing instruments acting out a play reciting a poem 10
    11. 11. Communication Activities make available to students online (intranet, LMS, wiki, etc) email to students display on interactive whiteboard 11
    12. 12. 12 What can teachers copy and communicate? Whatever the licence says you can.
    13. 13. 13 What can teachers copy and communicate? Teachers are able to re-use copyright materials, without further permission needed due to: A. Statutory Licences (text, pics, TV) B. Free Use Exceptions (video, performances)
    14. 14. 14 Statutory Licences • Part VB: Statutory Text and Artistic Works Licence • Part VA: Statutory Broadcast Licence
    15. 15. 15 Cost Burden of Statutory Licences  TAFE institutes have statutory obligations to pay fees for their use of other people’s material.  Over $6 million in licence fees in 2012 for TAFEs nationally (excl. Victoria)
    16. 16. 16 Part VB: Statutory Text and Artistic Works Licence Under this licence, a teacher can copy and communicate (email, place online) text and artistic works 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.
    17. 17. 17 Part VB: Copying Limits There 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
    18. 18. 18 You 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) Part VB: Copying Limits
    19. 19. 19 Pt VB: Copying Limits Can 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.
    20. 20. 20 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’ or openly licenced (Creative Commons) – which allows for copying. • Website terms and conditions will determine whether a website is ‘free for education’ or openly licensed. For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999
    21. 21. Pt VB: Notice Requirements  Mandatory notice must be attached to all copies that are made under the Pt VB licence and made available online  Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705 21
    22. 22. Pt VB: Notice Requirements 22
    23. 23. 23 Pt VB: Copying Limits Statutory 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. 24. 24 Part VA Statutory Broadcast Licence Covers the copying and communication of: • TV and radio broadcasts • TV/radio from a broadcaster’s website IF it has been broadcast on free-to-air Does not 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. 25. 25 Pt VA: Copy limits • No limit on how much you can copy. • Format shifting is permitted
    26. 26. 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. 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. 27
    28. 28. 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.  Educational institutions 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 when communicating broadcasts
    29. 29. 29 Free exceptions
    30. 30. 30 s 28 - performing or communicating in class for educational instruction • Allows educational institutions 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
    31. 31. 31 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
    32. 32. Free Use Exceptions: Flexible Dealing 1. Is my use covered by a statutory licence or exception? 2. Am I using this for giving educational instruction? 3. Am I only using what I need for educational instruction? 4. Can I purchase the format I need? 5. Will my use unreasonably prejudice the copyright owner?
    33. 33. Common activities permitted under flexible dealing • Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.  Converting VHS to DVD where it is not possible to buy a DVD of that film and the DVD is needed for educational instruction  Preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need 33
    34. 34. 34 Common activities permitted under flexible dealing • 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 (if there is not a TPM on the DVD) • 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. 35. s 200AB and Commercial DVDs Cannot 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
    36. 36. 36 s 200AB: Flexible Dealing Dos and Don’ ts • Do not use pirated material. • ‘Just in case’ format shifting is not permitted: • Educational institutions cannot make ‘back up’ copies of resources ‘in case’ the original is destroyed. • Educational institutions 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. 37. 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. 38. 38 Snapshot Summary Part VB  Copying limits: 10% or 1 chapter of book, 10% of words on a website or CDRom.  Attach notice when communicate. Part VA No copying limits. Can format shift. Attach notice when communicate. s.200AB Limited format shifting rights. You cannot buy it. Only copy what you need. Images or print works Off air television and radio broadcasts Podcasts of free-to-air broadcasts (available on the broadcaster’s website) YouTube videos DVDs and videos Note: Most commercial DVDs are protected by ATPMs and cannot be copied because it illegal to circumvent an ATPM. Cassette tapes and CDs TypeofMaterial Copied and Communicated Under
    39. 39. 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’.
    40. 40. 4040 YouTube and iTunes Can I copy YouTube videos and iTunes music for use in class or as part of a resource? • There is no clear answer. • You may be able copy a YouTube video or music from iTunes and use it for educational instruction under s 200 AB… .. BUT the terms and conditions of YouTube and iTunes may not strictly allow this. • It is arguable that the terms and conditions do not form a contract and therefore are not enforceable because sufficient notice is not provided. • YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others. Teachers Tube is a great alternative: www.teachertube.com For 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
    41. 41. 4141 YouTube and iTunes: Linking and Streaming  Practical alternatives to copying videos or music off YouTube or iTunes include: • Directly streaming YouTube videos or iTunes music in class (permitted under s 28) • Linking or embedding the YouTube video or iTunes music where possible. Linking and embedding are not copyright activities as 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 material in class – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/544
    42. 42. Smartcopying tips… Link – link or embed material whenever possible. Don't 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. 42
    43. 43. Smartcopying tips… Label – always attribute the source. • All material created and used for educational purposes should be properly attributed. • Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when. • Attributing is important to ensure that we don't 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 43
    44. 44. Smartcopying tips… Limit – ensure access to material is limited to relevant students only  Once material is communicated to an entire institute/campus or jurisdiction, the risk of copyright infringement increases dramatically. Limiting access is an important cost management practice. Collecting societies believe that the value of content increases with the number of people who can access it. 44
    45. 45. Smartcopying tips… Clear out unwanted content regularly  Material copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'.  Clearing out material that is no longer required is one practical way of managing the copyright costs. 45
    46. 46. Smartcopying tips… Clear out unwanted content regularly Two 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. 46
    47. 47. Smartcopying tips… Clear out unwanted content regularly Two options: Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository. 47
    48. 48. 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. 48
    49. 49. 49 Link Label Limit Clear out content Consider OER Smartcopying:
    50. 50. 50 Open Education Resources
    51. 51. 51 Some Copyright Challenges • While there is a lot that teachers can copy, the licence schemes and free use exceptions are restrictive and complicated: • Teachers are burdened with complex copying limits and mandatory notice requirements under the Statutory Licences. • Teachers cannot modify, share or remix material except in limited circumstances. • The material can only be made available to parents and the community in limited circumstances. Free for education, open education and creative commons 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/933 See Creative Commons information pack on smartcopying at: http://www.smartcopying.edu.au/scw/go/pid/953
    52. 52. 52 Open Education Resources • OER are teaching and learning materials that are freely available online for everyone to use, whether you are a teacher, student or self learner. • OER includes resources of all sorts: worksheets, curriculum materials, lectures, homework assignments, quizzes, class activities, pedagogical materials, games and many more resources from around the world. See: www.oercommons.org
    53. 53. 53 OER: Fundamental Values •OER share some fundamental values: • Resources are free for any individual to use • Are licensed for unrestricted distribution • Possibility of adaptation, translation, re-mix, and improvement.
    54. 54. OER in a nutshell  OER is about creating repositories of material which are free to: Access Use Modify Share 54
    55. 55. 55 Creative Commons http://www.flickr.com/photos/kalexanderson/6051120264/
    56. 56. 56 OER and Creative Commons • Most OER resources use Creative Commons (CC) licences. • This is because CC licences are well known blanket licences that are free and easy to use. • A creator needs only to do one thing - select the type of licence they want from the CC website!
    57. 57. OER: How it all works  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. 57
    58. 58. 58 Obtaining a CC Licence: 2 Easy Steps
    59. 59. Attribution Non-Commercial No Derivative Works Share Alike Step 1: Choose Conditions CC BY – C Green 2011
    60. 60. Step 2: Receive a License CC BY – C Green 2011
    61. 61. most free least free CC BY – Adapted from Green 2011
    62. 62. Over 500 million items CC BY – C Green 2011
    63. 63. CC BY – C Green 2011
    64. 64. 175+ Million CC Licensed Photos on Flickr 64
    65. 65. 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 65
    66. 66. Example: Image licensed under CC Attribution licence 66 Eid Mubarak by Hamed Saber available at http://www.flickr.com/photos/44124425616@N01/1552383685
    67. 67. In Australia: 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. The Smartcopying website lists good some FFE resources: www.smartcopying.edu.au/scw/go/pid/936 67
    68. 68. © 2011 Education Services Australia Limited
    69. 69. 69 OER Developments in Australia
    70. 70. 72 OER Teaching Resources
    71. 71. 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/ 73 The Smartcopying website lists OER: http://www.smartcopying.edu.au/scw/go/pid/936
    72. 72. Specific resources  Articles: Directory of Open Access Journals: http://www.doaj.org/  Videos: YouTube Creative Commons videos - you can search then filter results 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 you to search the web for CC images: http://www.abelssoft.net/ccfinder.php • Flickr: http://www.flickr.com/creativecommons/ 74
    73. 73. 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.php 75
    74. 74. How to find OER resources Creative Commons Search Google Advanced Search 76
    75. 75. 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', © 2011 Cable Green - http://www.slideshare.net/cgreen/sloan-the- obviousness-of-open-policy used under a Creative Commons Attribution 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_C ommons#Australia 79
    76. 76. Delia Browne National Copyright Director Delia.Browne@det.nsw.edu.au (02) 9561 8876 Sarah Lux-Lee National Copyright Manager Sarah.LuxLee@det.nsw.edu.au Jessica Smith National Copyright Officer Jessica.Smith81@det.nsw.edu.au (02) 9561 8730 www.smartcopying.edu.au slideshare.net/nationalcopyrightunit 80 More Information
    77. 77. Copyright 4 Educators • Peer 2 Peer University – www.p2pu.com • Free online course for educators who want to learn about copyright, statutory licensing, educational exceptions and open educational resources  7 week course beginning August 5th  Signups open July 22nd  More information on the Smartcopying website or here on the P2PU website: https://p2pu.org/en/courses/632/copyright-4- educators-aus/  Other relevant courses now open: • Intro to Openness in Education • Creative Commons for K-12 Educators 81

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