Galen Catholic College presentation


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Presentation by Jessica Smith, National Copyright Unit, to Galen Catholic College, Wangaratta on 13 December 2013

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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.
  • 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.
    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 this 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’:
  • New Schools recording agreement covers music from iTunes.
  • 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
  • Sir John Daniel, President & CEO of the Commonwealth of Learning (intergovernmental organisation created by Commonwealth Heads of Government to encourage the development and sharing of open learning/distance education knowledge, resources and technologies.)
    What do you think the odds are the world will build four major universities (30,000 students) to open every week for the next fifteen years?
    How to address this need? OER one part of the answer.
  • 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.
  • How do OER work?
  • 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.
  • How do OER work?
  • Open licences key aspect of this – eg Creative Commons
    Creative Commons works to make it easy for creators to share … to realize the full potential of the internet – universal access to research, education, full participation in culture – to drive a new era of development, growth, and productivity.
    CC Licenses make it easy and legal to share… and, as we all know, the core part of any OER definition is the educational resource is either
    Open license
    In the public domain
    So anyone can: reuse, revise, remix and redistribute.
  • CC is a simple, standardized way to grant copyright permissions to your creative work.
  • 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 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
    Government and public sector information
  • 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
    Imperial War Museum
    Library of Congress
    National Maritime Museum
    George Eastman House
    National Media Museum
  • Where can teachers / users find and share their OER?
  • 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
  • Galen Catholic College presentation

    1. 1. Copyright in a Digital World Open Education Resources 11 December 2013 Galen Catholic College Jessica Smith National Copyright Officer National Copyright Unit
    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. 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 3
    4. 4. Slides available @ This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)
    5. 5. Outline • • • • What copyright covers What you can do with © material Open Educational Resources (OER) Questions 5
    6. 6. Copyright pr otects… ‘Works’ Artistic • • • • • • • • • • • paintings illustrations sculptures graphics cartoons photographs drawings maps diagrams buildings models of buildings • moulds and casts for sculptures Literary • novels • textbooks • newspaper and • • • • • • • • magazine articles short stories journals poems song lyrics timetables technical manuals instruction manuals computer software Musical • • • • • melodies sheet music pop songs advertising jingles film score Dramatic • • • • plays screenplays mime choreography 6
    7. 7. Copyright pr otects… ‘Other Subject Matter’ Sound Recordings Films • cinematographic • vinyl music or • • • • • • • • films DVDs television advertisements music videos interactive games interactive films • • voice CD DVD audio cassette tapes digital recordings (eg MP3 or AAC files) podcasts Broadcasts • radio and TV broadcasts • podcasts and webcasts of the above Published Editions • typesetting (the layout and look of a publication) 7
    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 Upload to cloud Saving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 9
    10. 10. Perfor mance 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. W hat can teacher s copy and communicate? Teachers are able to re-use copyright materials, without further permission needed due to: A. Statutory Licences (text, pics, TV) B. Voluntary Licences (music) C. Free Use Exceptions (video, performances) 12
    13. 13. Statutory Licences • Part VB: Statutory Text and Artistic Works Licence • Part VA: Statutory Broadcast Licence 13
    14. 14. Par t VB: Statutor y Text and Ar tistic Wor ks 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. 14
    15. 15. 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: 15
    16. 16. Part VB: Copying Limits 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) 16
    17. 17. 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. 17
    18. 18. Part 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 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 use For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website: 18
    19. 19. Pt VB: Simultaneous Storage Rule  Licence does not allow two parts of a work eg two 10% excerpts - to be made available online at once.  To minimise risk of infringement, restrict access to relevant classes only. • Class A sees chapter A : Class B sees chapter B For more information see the “Using Digital Repositories – Copyright Manual for Schools” at 19
    20. 20. Pt VB: Notice Requirements  Mandatory notice must be attached to all copies made available online  Notice is available on the Smartcopying website at: 20
    21. 21. Pt VB: Notice Requirements 21
    22. 22. 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: 22
    23. 23. 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”: 23
    24. 24. Pt VA: Copy limits • • No limit on how much you can copy. Format shifting is permitted 24
    25. 25. 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: 25
    26. 26. 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. 26
    27. 27. Part VA: ClickView & Video Commander     Using ClickView, Video Commander or others repositories to copy and communicate broadcasts Permitted because of the Pt VA the Statutory Broadcast Licence. Note… as they make copying so easy, costs under the Licence are likely to increase. Schools can help manage copyright costs by: • • • Only copying what they need for educational purposes Archiving copies regularly – broadcasts available to students and teachers online for longer than 12 months are paid for again. Attach the mandatory notice. 27
    28. 28. Voluntary licences 28
    29. 29. Music licences Under paid licences with copyright owners, schools can: copy music from CD to use in Powerpoint or teaching resources 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. 29
    30. 30. Free exceptions 30
    31. 31. s 28 - performing or communicating in class for educational instruction • Allows schools to perform and communicate material 'in class' (includes remote students) • A free exception – no fees are paid. • Does not permit copying – just performing/playing in class See “Performance and Communication of works and audio-visual material – What am I allowed to do?” : 31
    32. 32. 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 • Permits schools to copy and make limited use of copyright material for free, for educational instruction, if the use satisfies a number of criteria. • You must assess your proposed use against those criteria on a case-by-case basis. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: 32
    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 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?” 34
    34. 34. 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’:
    35. 35. Snapshot Summary   Copied and Communicated Under Part VB Part VA s.200AB Schools’ No copying Limited format Copying limits: music 10% or 1 chapter limits. shifting rights. Can format You cannot buy it. Attach notice if licence  communicating. shift. Attach notice if communicating. Only copy what you need. Images or print works l a r e a M o e py T i t f 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 36
    36. 36. 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’. 37
    37. 37. YouTube Can 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 educational instruction 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 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: For further information: “YouTube: Use by Teachers” : “Teachers Tube: Use by Teachers”: 38
    38. 38. YouTube: Linking and Streaming  Practical alternatives to copying videos off YouTube include: • Directly streaming YouTube videos in class (permitted under s 28) – from YouTube website or via a link embedded on another website. • Linking the YouTube video is not a copyright activity you are not copying the content. See information sheets: “YouTube: Use by Teachers” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?” 39
    39. 39. YouTube: Embedding Videos Can I embed a link to videos on another website? • • • • You may embed a link to a video on another website, such as the class blog or wiki, or school intranet and learning management system. The YouTube website provides information on how to embed links to YouTube videos. ( Sometimes, the video owner does not want others to embed their video and may disable this functionality. In this case, you should not pursue embedding the link. You may stream videos that you have embedded in another website to a class under s 28. See information sheets: “YouTube: Use by Teachers” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?” 40
    40. 40. iTunes – video When buying content from the iTunes store, you must agree to the store’s Terms of Use.  Terms state that iTunes products can only be used for: ‘personal, non commercial use’.  This expression may not include ‘educational use’.  See information sheet ‘Using iTunes’ at: 41
    41. 41. iTunes – video    Legally unclear whether iTunes contract prohibits the educational use of content purchased from iTunes. Some risk that the school might be said to be in breach of contract if its plays or copies content purchased from iTunes. However, sections 200AB and 28 allow teachers to use video for educational purposes without having to seek the permission of the copyright owner. See information sheet, ‘Using iTunes’ at: 42
    42. 42. iTunes – video You will need to find out whether your school has decided to: • rely on the Copyright Act exceptions or • avoid using content purchased from iTunes due to the iTunes contract. See information sheet, ‘Using iTunes’ at: 43
    43. 43. iTunes - Apps  Apple’s Volume Purchase Program for Education: 44
    44. 44. 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. 45
    45. 45. 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: 46
    46. 46. 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. 47
    47. 47. 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. 48
    48. 48. 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. 49
    49. 49. 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. 50
    50. 50. 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. 51
    51. 51. Smartcopying: Link Label Limit Clear out content Consider OER 52
    52. 52. OER Jessica Smith National Copyright Officer !
    53. 53. 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 repurposing by others. CC BY – C Green 2007
    54. 54. OER: Fundamental Values – Resources are free for any individual to use – Are licensed for unrestricted distribution – Possibility of adaptation, translation, remix, and improvement. 57
    55. 55. OER in a nutshell OER is about creating repositories of material which are free to: Access Use Modify Share 58
    56. 56. OER in a nutshell You can do more with OER as compared with 'traditional' copyright material 59
    57. 57. ght yri op C ons nsi te
    58. 58. Compliance and Cost Issues • New technologies facilitate access to and storage and sharing of copyright materials. • This makes copyright a serious issue for the education sector as it must: – Ensure systems, teachers and students comply with copyright law – Manage increasing cost implications • Eg schools paid c.$90m in 2012 for sector-wide licences (more on direct licences & own content) 61
    59. 59. Compliance and Cost Issues • Currently we pay to copy/save freely and publicly available internet content, under the compulsory statutory licence (CAL and Screenrights) • Current sector-wide licences & statutory exceptions do not necessarily sit well with the current ICT use in education: – content may not be modified – content cannot be shared widely (eg with parents, community, other schools) – limit on how much you can copy/communicate 62
    60. 60. y a re a t th e Wh
    61. 61. OER teaching and learning materials that are freely available online for everyone to use, whether you are a teacher, student or self learner. they include: worksheets, curriculum materials, lectures, homework assignments, quizzes, class activities, pedagogical materials, games and many more resources from around the world. See: 64
    62. 62. or k s it w Ho w
    63. 63.
    64. 64. 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! 67
    65. 65. 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. 68
    66. 66. Possible CC licence conditions Attribution Share Alike Non-Commercial No Derivative Works CC BY – C Green 2011
    67. 67. 6 different CC licences CC BY – C Green 2011
    68. 68. most free least free CC BY – Adapted from Green 2011
    69. 69. Over 500 million items CC BY – C Green 2011
    70. 70. CC BY – C Green 2011
    71. 71. 175+ Million CC Licensed Photos on Flickr 74
    72. 72. Attributing CC material • CC licences require that you label materials with: – author/copyright owner, – title of work and source, – the type of CC licence the work is available under – a link to the licence terms. • It is important to always check whether the creator has specified a particular attribution. • Open Attribute ( 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: 75
    73. 73. Where should I place the attribution? • For text resources (eg books, worksheets, PowerPoint slides etc), include the attribution details next to CC work or as the footer along the bottom of the page on which the CC work appears. For further information on attributing CC material, see: 76
    74. 74. Example: Image licensed under CC Attribution licence Eid Mubarak by Hamed Saber available at 77
    75. 75. Where should I place the attribution? • For video works, include the attribution information near the work as it appears on screen during the video. • For sound recordings (eg podcasts), mention the name of the artist during the recording (like a radio announcement) and provide full attribution details in text near the podcast where it is being stored (eg blog, school intranet, learning management system etc). For further information on attributing CC material, see: 78
    76. 76. e to her W r t . .. s ta
    77. 77. General teaching resources • Curriki: • Encyclopedia: • OER Commons: • Wikieducator: • Trove: • TedEd: • Scribd: • LeMill: • CC resources on Scootle: • Encyclopaedia of Life: • Connexions: • Teaching Ideas: • ABC Splash: The Smartcopying website lists OER: 80
    78. 78. Specific resources  Articles: Directory of Open Access Journals:  Videos: Youtube Creative Commons videos - you can search then filter results for only Creative Commons licenced videos:  Maps:  Sound effects: • •  Images: • CC finder: software that you can download for free which then allows you to search the web for CC images: • Flickr: 81
    79. 79. OER resources - Music           82
    80. 80. How to find OER resources Creative Commons Search Google Advanced Search 83
    81. 81. Questions  Can we add podcasts to SIMON (our LMS), when they are available free from ITunes? •  Can we add podcasts if they were free to download but now must be paid for? •  This is the same as coping any news article. You can do this under the Text and Artistic Works Statutory Licence. You’re allowed to copy up to one article, or two if they are on the same subject. Finding copyright information for images on the web. •  This will depend on where the podcasts came from and what their T&Cs state. If they are from iTunes, same issue as above. Copying a news article into Word and saving that (then uploading to Simon). •  See previous slide re issues with iTunes T&Cs concerns. This can be difficult. We recommend you use openly licenced images, but the statutory text and artistic works licence does cover any image. Ownership of worksheets, handouts etc that have been created as part of our normal teaching and course development. Who owns copyright? • Copyright in works made by an employee in the course of employment under a contract of service is usually owned by the employer - such as a Department of Education, the Catholic Education Commission or an Independent School. 86
    82. 82. Questions  Adding commercially produced music to assessment tasks – movies, PowerPoint presentations etc •  Ownership of photos. What rights do the people in the photos have to the image? •  If they are only incidentally in the photo then they likely have no rights to the photo. If you are taking a photo of a person then you may need a release. It will largely depend on the circumstances, and this isn’t something the NCU specializes in, so we’d toss this to your legal department/you commission’s legal team. What are the Creative Commons licences? •  There is an exception in the Copyright Act for assessment, so there are generally no issues with using copyrighted works for assessment. For music though, your schools music licence will cover this as well. I think we covered this one already – any additional questions How old do photos have to be before they are considered to be in the public realm? • Photographs are a bit tricky. If the photograph was taken before 2005, copyright protection lasts 50 years from the end of the year the photograph was taken. If the photograph was taken in 2005 or later, it’s the lifetime of the author plus 70 years. 87
    83. 83. Questions  Is it necessary to reference your own documents in the school so that they may be identified and shared by fellow staff members. If so, should it be as a reference down the bottom of the page like this: (Galen Catholic College/Name/Year level and subject/subject overview/2013) •  What is the protocol with developing work booklets for students and loading them onto SIMON? How should they be referenced? •  It’s always a good idea to reference your material. There isn’t any specific way you have to reference something as long as you get the point across of who owns the material. We have guides for this on our website, but what you have is great. Depends on what you mean by work booklets. If you’re grabbing 10% of someone else’s work and putting all those resources together, it’s best to cite each and every resource separately (either in the footer or in a bibliography). If it’s all your own work, then the above answer will apply. In regards to loading them onto SIMON – that is perfectly fine, this would be covered by the statutory text and artistic work licence. All you need to do is be sure to abide by the copying limits (generally 10% or one article). What happens when you are not sure who to approach for permission or the person is not contactable? • Get in touch with us, and we’ll try to point you in the right direction. 88
    84. 84. Questions  If you have access to photos and they are very old, is it still necessary/the right thing to do to acknowledge the providers even though they have given permission? Do the same rules apply to printed material? •  Can I scan pages from a book to use in a Powerpoint presentation? •  Yep. So long as the presentation is given for educational purposes this falls under the statutory licence. So you need to make sure you follow the ‘reasonable amount’/10% rule. Who owns the tests that I created for my Year 12 class, me or the school that I work for? •  It’s always best practice to attribute. But the requirement only lasts for 70 years following the author’s death. This is moral rights. Not copyright law. The school, in a sense, but usually it’s thought of as your school’s governing body – so the Department of Education and Communities, the Catholic Education Commission, or the Independent School Association. In the past I have wanted to use a Powerpoint created by a student to show the same year level the following year. Do I need the permission of the student to use their work as part of my Teaching content? • It would be best practice to get the student’s (or parent’s) permission. 89
    85. 85. Questions  If a teacher writes curriculum at home does it make a difference to who has ownership of the intellectual property? Is it still the property of the School and should be able to be used by all working within the Subject/unit area. •  I am just wondering if it is allowable to put PDF files such as the study notes for the year 12 novels purchased through our publishers onto our Internal Learning Management System (Simon) and the Library Software System (Oliver) for students use? •  It doesn’t matter where you do the work. If you’re doing the work for your employment, then it will be owned by your employer. Your employer will be able to determine how this work may be used. Under the statutory text and artistic works licence you can put up to 10% of literary works onto Simon. If you want to put more than 10%, you’ll need to contact the Publishers. Is it okay for teachers to store chapters from textbooks on SIMON for students to access/download? • Yes – under the statutory text and artistic works licence you can copy and communite (ie put onto Simon) up to 10% or one chapter of a textbook. 90
    86. 86. Questions  If I have developed resources and shared them with other teachers outside the school (eg. In a network of teachers teaching the same subject(s)), are those resources still the property of the school and can I do that? What if those resources are then used by one of those teachers for monetary gain but not referenced/asked permission to do so etc.? • •  What are the guidelines for accessing or using book covers in display's or library catalogue? •  If you developed these resources in the course of your employment then they are the property of the school/your school’s governing body. Since the se resources are likely owned by the school, it will be up to the school to determine how they want them to be used and as such what will constitute an infringement. It’s a grey area. Most likely ok, but we do pay for it under the statutory text and artistic works licence. In other countries this is considered a ‘fair use’ and free for schools. Is it correct to say that schools can reproduce up to 10% of a book? • Yep – that is the general guideline/understanding of ‘reasonable portion’ under the statutory text and artistic works licence. 91
    87. 87. Questions  We use Clicview at school to store movies recorded from the TV. The school pays for a (Screenright) license that allows the showing of commercial movies on buses to excursions or camps etc. However we are wandering how we can legally show a commercial DVD for educational purposes. Would our only option be to use an external DVD drive? For example: Could we legally store a file of a commercial DVD on a school server so then it could be screened whilst on the school campus. • •  The Screenrights licence only covers educational use of broadcasts. A Roadshow Co-curricular licence covers non-educational use of movies. You cannot make a copy of a commercial DVD. This involves the circumvention of a TPM, and there are no educational exceptions that allow for this. To show a commercial DVD in the classroom you must rely on s28 and show the DVD directly in class (ie purchase or rent the DVD and play it in the classroom). Is it legal for the school to use iTunes to store these movies in the cloud (if purchased through iTunes)? • As previously covered – okay by the Copyright Act, not okay by iTunes T&Cs. 92
    88. 88. Questions  Another question I have is: What steps should be taken if staff or student place their work on the web? Eg. You Tube, social media, school website etc. Should they routinely place a creative commons license on all their work? •  If students or staff have relied on the statutory licences in creating their works then this work should not be placed on the web. It must stay behind a password protected interface and only be used for educational purposes. If the work is is completely original and placed on the web, then it’s completely up to the author on how they’d like to release their information, but we always recommend an open license (ie CC). Note if this work was created in the course of their employment, it is likely owned by their employer and it is best practice to first get their permission before releasing the work in this manner. Any other questions? 93
    89. 89. References for this presentation       This presentation – Smartcopying website - 'CC BY – C Green 2011' – 'The obviousness of open-policy', © 2011 Cable Green - used under a Creative Commons Attribution licence: Flickr images - CC in Australia - CC in Australian government ommons#Australia 94
    90. 90. More Information Delia Browne National Copyright Director (02) 9561 8876 Sarah Lux-Lee National Copyright Manager (02) 9561 1267 Jessica Smith National Copyright Officer (02) 9561 8730 95
    91. 91. Copyright 4 Educators • • Peer 2 Peer University –  7 week course. Two cycles ran last year, with over 100 learners taking the course. Another cycle will run in Term 1 next year. More information on the Smartcopying website or here on the P2PU website: Other relevant courses on P2PU:   Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources • • Intro to Openness in Education Creative Commons for K-12 Educators 96
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