Copyright for Educators - Christian Schools Library Conference

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16 May 2012 …

16 May 2012

Christian Schools Library Conference



Carl Ruppin

National Copyright Unit

Sydney Australia



Overview of:

- copyright protection

- education statutory licences

- copyright exceptions for education

- smartcopying tips

- creative commons and open education materials



(90 min)

More in: Education , Technology
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  • Teachers/schools have rights to copy under: Statutory Licences Free Use Exceptions Both allow teachers to re-use copyright materials, without the permission of the copyright owner.
  • Teachers are usually not permitted to copy from DVDs. Most commercial DVDs (eg feature films, documentaries and television series) are protected by access control technological protection measures (ATPMs). ATPMs are technologies which prevent a user from easily accessing and copying the content on a DVD. It is illegal to circumvent an ATPM under the Copyright Act. Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal. See information sheet ‘ Technological Protection Measures and the Copyright Amendment Act 2006 ’ : http://www.smartcopying.edu.au/scw/go/pid/526
  • It involves copying the HTML code of the film, which is often displayed in a box near the film, and pasting it onto your website. The result of this is, rather than displaying the link, it will show a small screen of the film on your website.
  • Attributing material is important to ensure that original material created by a student, teacher or jurisdiction or that has been licensed is removed from survey data and therefore is not paid for.
  • Attributing material is important to ensure that original material created by a student, teacher or jurisdiction or that has been licensed is removed from survey data and therefore is not paid for.
  • 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.
  • 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?
  • Website terms and conditions can be unclear, confusing and/or difficult to understand. In some cases, there are no terms and conditions at all. Often, ‘ educational use ’ may not have been specifically considered when website terms and conditions were drafted. In many cases, website terms and conditions refer to 'personal' or 'non-commercial' use, but not to 'educational use' As a result, the intention of the website publisher with regards to educational use of their site is unknown. OER overcomes a lot of the above tensions.
  • UNESCO: whose participants in 2002 expressed “their wish to develop together a universal educational resource available for the whole of humanity” November 2011 launched Guidelines on Open Educational Resources (OER) in Higher Education and associated tools to implement OER initiatives Hosting 2012 Global OER Conference next June
  • OECD’s OER project that asks why OER is happening, who is involved and what the most important implications are of this global movement. 2007 report explores the OER concept and reasons for government to support OER. ( Giving Knowledge for Free: The Emergence of Open Educational Resources )
  • Long list of international entities developing these resources… the OPEN community is large, passionate, strong.
  • Higher Ed MIT OCW- the largest OCW project, sharing course content from all 1,900 MIT courses
  • Higher Ed Stanford getting into the game – last year 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/ )
  • Higher education – other new models P2PU – people learn from peers, badges system University of the People Others emerging around the globe
  • Government : US – eg the White House – release of PSI under CC licence – the 2009 Directive on Open Government - which directed government departments to take specific steps to 'expand access to information by making it available online in open formats' and the 2011 Presidential Memorandum on Regulatory Compliance - directive to departments to release data-sets under open licence US – TAACCCT grants – in Jan 2011 - US$2 billion to fund creation of community college course materials, on condition all released under CC licence UK – uses the “ Open Government Licence ” to release much PSI information to public for use and re-use UK – further to a policy of open access to PSI recommended in 2009 - Power of Information Taskforce Report
  • Power of CC licensing in on-line world is searchability!! Standardised open approach allows coding and search-engines to recognise, search and discover content that is open for use. CC licensed resources aid in search and discovery; the licenses clarify to educators, students the rights available to them for use, remix, and resharing 2010 survey of US teachers in their use of technology and OER showed that 88% of teachers use Google to locate OER CC licensed content filtering is integrated with Google search engines via the advanced search features; Google indexing things on the web whether it has a CC licensed attached to it whereas a straight up search for a learning topic can return millions of hits, and resources teachers don’t know whether they can include in the lessons, CC filtered search returns resources that have been licensed under CC CC has also been developing an experimental OER search prototype called DiscoverEd
  • No government policy on OER yet, at either Cth or State/Territory level.
  • Instead we have ad-hoc FFE initiatives in Australian Schools and TAFEs. Differences between FFE and OER: Like OER, FFE materials are free for educational use BUT unlike OER, FFE cannot be shared with the public at large and usually cannot be modified or adapted. Limits use that can be made – must be maintained in original form and cannot onward share or re-use
  • FFE examples in Australia: National Education Access Licence for Schools (NEALS) – jursidiction-owned/developed educational materials AEShareNet Licences -> now being transitioned to CC NDLRN (formally The Le@rning Federation (TLF)) -> now being transitioned to CC Learning Object Repository Network (LORN)
  • OER is gaining traction in Australia.
  • NSW Dept of Education has released a range of interactive teaching resources under CC licences.
  • Other examples of OER in Australia include: Move from FFE to OER (as seen on previous slide): TLF materials shortly to be released under CC AESharenet currently going through a transition phase - we hope to CC licences ACARA has released the Australian National Curriculum under a CC licence Tasmanian Polytechnic has embarked on a project (using WikiEducator) to incorporate OER into teaching. The institute is currently working on a state-wide eLearning Strategy for 2012-2014 which will include policy recommendations to use and contribute to OER. Smartcopying website – full of useful educational resources re Creative Commons and OER, as well as much other information about copyright for educators. Itself open to use under a CC licence.
  • Related to the OER movement is the open PSI movement, fostering open access to government (public sector) information. Going on around the world – both the US and UK have significant, whole-of-government policies recommending the use of CC licences to release public data. In Australia: Government 2.0 (2009) – recommends all PSI be released under CC-BY In May 2011, the Australian Information Commissioner released the Principles on Open Public Sector Information , building on that recommendation. Major public sector websites already implementing CC include: ABS (census data), Geosciences Australia (geosciences data) the Bureau of Meteorology Australian Parliament Australian Budget
  • OER necessary to realise full potential of digital education policies in Australia The: National Digital Economy Strategy , Digital Education Revolution , and Online Curriculum Resources and Digital Architecture all support digital education strategies NBN rollout expected to significantly increase digital engagement, eg: May 2011 saw NBN-Enabled Education and Skills Services ( NBN-EESS ) Program launched, to support proposals stimulating the development of education through the NBN
  • Time to extend existing Australian PSI policies, and ad-hoc OER activities, into a coordinated OER policy framework?
  • How do OER work?
  • Open licences key aspect of this – eg Creative Commons Creative Commons works to make it easy for creators to share … to realize the full potential of the internet – universal access to research, education, full participation in culture – to drive a new era of development, growth, and productivity. CC Licenses make it easy and legal to share… and, as we all know, the core part of any OER definition is the educational resource is either Open license In the public domain So anyone can: reuse, revise, remix and redistribute.
  • CC offers free tools that allow artists, musicians, journalists, educators and others share content on more flexible terms than default all rights reserved copyright it’s important to note that CC Licenses are not a substitute for copyright; they’re built on top of copyright law there’s 2 steps to applying a creative commons license to your work
  • can do this right at creativecommons.org via our license chooser engine step 1 is to choose the conditions that you want to attach to the work all cc licenses require attribution to the original author of the work after that users can decide which conditions they want to apply, aka whether to prohibit commercial uses, whether to require that downstream users also reshare, whether the work should only be able to be redistributed “as-is”
  • step 2 is to simply receive the license there are 6 CC licenses that reflect a spectrum of rights for the photos I share on Flickr, I use the Attribution only license, which means that anyone can download, copy, distribute, remix, tweak, and build upon them, even commercially, as long as they give me credit
  • within the jurisdiction, public and legal lead volunteers help to make the licenses work in their individual countries’ legal system 55 jurisdictions ported, another 5 in progress But we have 71 active affiliate teams 2 more in progress
  • 500M+ CC licensed works online today CC is used by a wide variety of people and organizations, including Culture Science Government and public sector information Education
  • Wikipedia, which about 2 years ago merged all their content into using CC attribution sharealike license 17 million Wikipedia articles across all languages 8.5 million media files in Wikimedia Commons database. All are available under a free license.
  • Photo websites like Flickr, with over 175 million CC-licensed photos. The following museums and institutes have photostreams of CC licensed images on Flickr: Smithsonian Institute http://www.flickr.com/photos/smithsonian/ Imperial War Museum http://www.flickr.com/photos/imperialwarmuseum/ Library of Congress http://www.flickr.com/photos/library_of_congress/ National Maritime Museum http://www.flickr.com/photos/nationalmaritimemuseum/ George Eastman House http://www.flickr.com/photos/george_eastman_house/ National Media Museum http://www.flickr.com/photos/nationalmediamuseum/
  • Where can teachers / users find and share their OER?
  • Many sites you can goto to find Open Resources for you to re-use.... OR..... (see next slide)
  • .... Search from Creative Commons' own website

Transcript

  • 1. Copyright in a Digital World -Open Education Resources 16 May 2012 Carl Ruppin National Copyright Manager National Copyright Unit www.smartcopying.edu.au
  • 2. Smartcopying Website www.smartcopying.edu.au• National Copyright Guidelines for Schools and TAFEs• Practical and simple information sheets and FAQs• Interactive teaching resources on copyright• Search the site for answers to your copyright questions 2
  • 3. 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/
  • 4. Outline• What copyright covers• What teachers/schools can do with © material• OER – way of the future? 4
  • 5. Copyright pr otects… ‘Works’ Artistic Literary Musical Dramatic• paintings • novels • melodies • plays• illustrations • textbooks • sheet music • screenplays• sculptures • newspaper and • pop songs • mime• graphics magazine articles • advertising jingles • choreography• cartoons • short stories • film score• photographs • journals• drawings • poems• maps • song lyrics• diagrams • timetables• buildings • technical manuals• models of • instruction buildings manuals• moulds and casts • computer software for sculptures 5
  • 6. Copyright pr otects… ‘Other Subject Matter’ Sound Published Films Broadcasts Recordings Editions• cinematographic • vinyl music or • radio and TV • typesetting films voice broadcasts (the layout and• DVDs • CD • podcasts and look of a webcasts of the publication)• television • DVD advertisements above • audio cassette• music videos tapes• interactive games • digital recordings• interactive films (eg MP3 or AAC files) • podcasts 6
  • 7. Copying scanning downloading printing Upload to cloudSaving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 7
  • 8. Communicationmake available to students online(intranet, LMS, wiki, etc) Email to studEnts 8
  • 9. Perfor mance playing films and sound recordings singing songs Playing instrumEnts acting out a play reciting a poem 9
  • 10. W hat can teacher s copy andcommunicate?Whatever the licence says you can. 10
  • 11. W hat can teacher s copy and communicate?Otherwise…. Teachers/schools have rights to copy under: A. Statutory Licences B. Free Use Exceptions Both allow teachers to re-use copyright materials, without the permission of the copyright owner. 11
  • 12. Statutorylicences 12
  • 13. Par t VB: Statutor y Text andAr tistic Wor ks LicenceUnder this licence, a teacher can copy andcommunicate (email, place online) literary,dramatic, artistic and musical works…subject tocopying 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. 13
  • 14. Pt VB: Two schemesStatutory Text and Artistic Works Licence:2.Hard Copying: photocopying hard copy print andartistic material3.Electronic Use Scheme (EUS): copying andcommunicating electronic print and artistic material 14
  • 15. Pt VB: Common ActivitiesCommon activities covered by the EUS include:2. Scanning a hard copy book3. Printing, saving and downloading material from the Internet (eg online articles and images) and electronic resources such as CD Roms and e-books4. Uploading material onto a content/learning management system (LMS), class wiki or blog, or interactive whiteboard5. Copying material onto portable devices including iPods, iPads, MP3 players, mobile phones and a USB 15
  • 16. Part VB: Copying from websites• Some teachers believe that material available on the Internet is free of copyright.• This is not true. Internet material is protected by copyright!• Some websites are ‘free for education’ – this means that material on the website can be copied for educational purposes.• Website terms and conditions will determine whether a website is ‘free for education’.For further information on website terms and conditions, see information sheet ‘Understanding Website Terms and Conditions’ on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999 16
  • 17. Part VB: Website Terms andConditions Terms and Conditions Not Free FreePersonal UsePersonal, non commercialPersonal and non commercialNon-commercial usePersonal or non commercialUse in your organisationFree copyingFree for education© name and/or year and no terms of useNo copyright © name and/ or year or no termsand conditionsCopying not permittedAll Rights Reserved 17
  • 18. Part VB: Copying LimitsThere are specific copying limits under Part VB.You can only copy a reasonable portion. For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700 18
  • 19. Part VB: Copying LimitsCan 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) 19
  • 20. Pt VB: Copying LimitsCan copy more (eg the whole work) if: • it has not been separately published • or is not commercially available within a reasonable time at an ordinary commercial price. 20
  • 21. Pt VB: Copying LimitsStatutory Text and Artistic Licence doesn’t permit: • mass digitisation of books • mass copying of ebooks • copying of software For more information, see “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700 21
  • 22. 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 22
  • 23. Pt VB: Notice Requirements Mandatory notice must be attached to all copies made available online Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705 23
  • 24. Pt VB: Notice Requirements 24
  • 25. Part VA Statutory BroadcastLicenceCovers the copying and communication of:• Off-air television and radio broadcasts• Online TV/radio which originated as free-to-air broadcasts and is sourced from the broadcaster’s websiteDoesn’t cover online TV/radio:• from Pay TV sources• which have not been broadcast – IPTV, Netflix, Youtube For more information see: “Education Licence A” in the “National Copyright Guidelines”: http://www.smartcopying.edu.au/scw/go/pid/699 25
  • 26. Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted. 26
  • 27. 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
  • 28. NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ). The material in this communication may be subject to copyright under the Act.Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 28
  • 29. Part VA: ClickView & Video Commander Many schools now use content repositories such as ClickView and Video Commander to copy, store, manage, share and deliver broadcasts to hundreds of viewers at the same time across the schools’ existing network. Schools can record and store broadcasts around the clock with ClickView 24/7 and share broadcasts with other ClickView schools using ClickView Exchange. ClickView Home also allows students and teachers to view the school’s ClickView Library at home. 29
  • 30. Part VA Copyright Implications These copying and communication activities are permitted under the Statutory Broadcast Licence. As these technologies facilitate copying and communication activities, costs under the Licence are likely to increase. Schools should 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. 30
  • 31. Freeexceptions 31
  • 32. s 28 - performing orcommunicating in class• Allows schools to perform and communicate material in class, or otherwise in the presence of audience.• 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 32
  • 33. s28 Uses1. Display or project material to the classroom via interactive whiteboard (ie. viewing websites such as YouTube) or PowerPoint.2. Use an electronic delivery system to transmit a television program or film from a central DVD player in the library to a monitor in the classroom.3. Communicate material to external students using virtual classroom software.4. Play a film from the school intranet or LMS (eg ClickView) to a class.5. Recite a poem to a virtual class using Skype. See information sheet: “Performance and Communication of works and audio-visual material – What am I allowed to do?” : http://www.smartcopying.edu.au/scw/go/pid/544 33
  • 34. 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• Flexible dealing is a free use exception – no fees are paid. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/542 34
  • 35. S 200AB: Flexible Dealing Requirements - Is my use covered by Part VB of the Act (the Statutory Text and Artistic Licence)?1. Is my use covered by a statutory - Is my use covered by Part VA of the Act (the Statutory Broadcast Licence)? licence or exception? - Is my use covered by another exception? No 2. Am I using this for giving Am I teaching in a classroom or remotely, preparing to teach, compiling resources for educational instruction? student homework or research or doing something for the purpose of teaching? Yes Am I, my students, or the school making a profit or getting commercial advantage 3. Is my use non-commercial? from this? (Cost recovery is OK) Yes - Is my use narrow in a qualitative and quantitative sense? 4. Is my use a special case? - Is my use only what I need for my teaching purpose? Yes5. Does my use conflict with normal - Can I buy or get a licence for this use? exploitation? - Is this use a way the copyright owner usually makes money from their work? - Will I deprive the copyright owner of significant revenue now or in the near future? No - Am I taking more than I need?6. Would I unreasonably prejudice - Am I exposing the material to a risk of piracy? the copyright owner? - Am I interfering with the quality of the material? - If I answer yes to any of these questions, is there something I can do to minimise No any prejudice? Covered by 200AB
  • 36. S 200AB: Flexible Dealing - Examples1. Compile short extracts of audio-visual material for use in class (eg making DVD of short extracts of several films for a Film Studies or English class) when it is not possible to purchase similar teaching resources.2. Format shift a film or sound recording on CD/cassette to a digital file format when it is not possible to buy a digital version of the film or sound recording.3. Include short extracts of music in podcasts, films and PowerPoint teaching tools or learning aids. 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 36
  • 37. S 200AB and Commercial DVDsCannot copy from commercial DVDs. • Commercial DVDs are protected by ATPMs - access control technological protection measures. • ATPMs – any technology that prevents a user from easily accessing and copying the content on a DVD. • It is illegal to circumvent an ATPM (eg CSS) • Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal.See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
  • 38. S 200AB: Flexible Dealing Dos and Don’ts• Do not use pirated material.• ‘Just in case’ format shifting is not permitted: • Schools cannot make ‘back up’ copies of resources ‘in case’ the original is destroyed. • Schools are not allowed to format shift their whole library or collection (eg, from video tape to DVD or a content management system) 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 38
  • 39. 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 39
  • 40. Snapshot Summary Copied and Communicated Under Part VB Part VA s.200AB  Copying limits: 10%  No copying limits.  Limited format shifting or 1 chapter of book,  Can format shift. rights. 10% of words on a  Attach notice when  You cannot buy it. website or CDRom. communicate.  Only copy what you  Attach notice when need. communicate.Type of Material 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 40
  • 41. Tricky copyright 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’. 41
  • 42. YouTubeCan 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: 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 42
  • 43. YouTube: Linking andStreaming 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 to the YouTube video. Linking is not a copyright activity as you are not actually 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 43
  • 44. YouTube: Embedding VideosCan 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. (http://www.google.com/support/youtube/bin/answer.py?answer=57788).• 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” 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 44
  • 45. iTunes – music & 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: http://www.smartcopying.edu.au/scw/go/pid/1049 45
  • 46. iTunes – music & 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 sound recordings and video for educational purposes without having to seek the permission of the copyright owner. See information sheet, ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049 46
  • 47. iTunes – music & videoYou will need to find out whether yourschool has decided to:•rely on the Copyright Act exceptions or•avoid using content purchased from iTunesdue to the iTunes contract. See information sheet, ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049 47
  • 48. iTunes - Apps iTunes Apps terms and conditions permit educational use of apps A school can download and sync an app for use: • by a single teacher on one or more devices that are used by that teacher but which are owned or controlled by the school. • by multiple students, on a single shared device owned by the school. See information sheet ‘Mobile Applications’ at: http://www.smartcopying.edu.au/scw/go/pid/1059 48
  • 49. iTunes - Apps Can’t download one copy of app and install on multiple devices, for multiple users ‘Volume App Purchasing’ – in US. Not in Australia. App developers can set their own terms of use - check whether favourite app has specific terms of use permitting broader educational uses. See information sheet ‘Mobile Applications’ at: http://www.smartcopying.edu.au/scw/go/pid/1059 49
  • 50. Smartcopying tips…Link – link or embed material whenever possible. Dont download or copy.Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere. 50
  • 51. Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes should be properly attributed.• Applies to both photocopied and digital material• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when. See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532 51
  • 52. Smartcopying tips…Label – always attribute the source.• Attributing is important to ensure that we dont pay licence fees for material we already own or are allowed to use • eg teacher/school/student created content See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532 52
  • 53. Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyOnce material is communicated to an entireinstitute/campus or jurisdiction, the risk of copyrightinfringement increases dramatically. 53
  • 54. Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyLimiting access is an important cost managementpractice.Collectingsocieties believe that the value of contentincreases with the number of people who can access it. 54
  • 55. Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyAccess to s200AB copies must be limited to thosestudents who need to use the material for educationalinstruction, ie one class as opposed to an entire school. 55
  • 56. Smartcopying tips…Clear out unwanted content regularlyMaterial copied and communicated under theStatutory Licences is paid for again for every12 months it remains live.Flushing material that is no longer required isone practical way of managing the copyrightcosts. 56
  • 57. Smartcopying tips…Clear out unwanted content regularlyTwo options: Archive – for material that is not currently being used but is likely to be used in the future. Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place. 57
  • 58. Smartcopying tips…Clear out unwanted content regularlyTwo options: Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository.This will assist in minimising the storage burden on theschool as well as ensuring that the school is notincurring anniversary copying fees for material it nolonger needs. 58
  • 59. 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. 59
  • 60. Smartcopying: Link Label Limit Licences Flush stale content Consider OER 60
  • 61. Some copyright challengesWhile there is a lot that teachers can copy……the licence schemes and free use exceptions arerestrictive and complicated:  Teachers are burdened with complex copying limits.  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. Open education and creative commons material are a great alternative! 61
  • 62. OER Carl Ruppin National Copyright Manager Ministerial Council for Education, Early Childhood Development and Youth Affairshttp://www.flickr.com/photos/opensourceway/4378920267/ !
  • 63. “Nearly one-third of the world’spopulation (29.3%) is under 15.Today there are 158 millionpeople enrolled in tertiaryeducation1. Projections suggestthat that participation will peakat 263 million2 in 2025.Accommodating the additional105 million students wouldrequire more than four majoruniversities (30,000 students)to open every week for thenext fifteen years.1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures2 British Council and IDP Australia projections CC BY – C Green 2007
  • 64. OpenEducationalResources
  • 65. OER are teaching, learning, andresearch 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. CC BY – C Green 2007
  • 66. OER: Fundamental Values– Resources are free for any individual to use– Are licensed for unrestricted distribution– Possibility of adaptation, translation, re- mix, and improvement. 66
  • 67. OER in a nutshellOER is about creating repositories of material which are free to: Access Use Modify Share 67
  • 68. OER in a nutshellYou can do more with OER as compared with traditional copyright material 68
  • 69. Co pyr ight t ensi ons
  • 70. 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.$80m in 2010 for sector-wide licences (more on direct licences & own content) 70
  • 71. Compliance and Cost Issues• Currently pay to copy freely and publicly available internet content, under the compulsory statutory licence• Current sector-wide licences & statutory exceptions do not 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 71
  • 72. Website terms and conditionsWebsite terms and conditions can be unclear and confusing…or absent entirely ….meaning the intention of the website publisher with regards to educational use of their site is unknown. 72
  • 73. Wh at the y are
  • 74. 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, classactivities, pedagogical materials, games andmany more resources from around the world. See: www.oercommons.org 74
  • 75. Glo balsn aps hot
  • 76. UNESCO: http://www.moveoneinc.com/blog/wp-content/uploads/2011/07/UNESCO.jpg
  • 77. http://www.eifl.net/system/files/201106/oecd_text_20cm_hd_0.jpg
  • 78. ConnexionsMERLOTCK-12OER AfricaOER BrazilOER FoundationOLnetWikipediaMozillaPIRGSOLIUniversities & Community Colleges… and MANY others CC BY – C Green 2007
  • 79. Higher Ed CC BY – C Green 2007
  • 80. Higher Ed
  • 81. NEW HE Models are En Route CC BY – C Green 2011
  • 82. Government
  • 83. Search and Discovery CC BY – C Green 2011
  • 84. OE R inA ustr alia
  • 85. No OER policy (Commonwealth / State / Territory)
  • 86. Free forEducation (mostly ad hoc)
  • 87. © 2011 Education Services Australia Limited
  • 88. Free for Education (FFE)• ‘Free for education’ (FFE) material is similar to OER material in that the copyright owner has given permission for the material to be used for educational purposes.• However, 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.• Many websites are FFE because their terms and conditions allow copying for educational purposes. The Smartcopying website lists FFE: www.smartcopying.edu.au/scw/go/pid/936 88
  • 89. Example‘You may download, display, print and copy any material at thiswebsite, in unaltered form only, for you personal use, educational use or for non-commercial use within your organisation’ www.reconciliation.org.au 89
  • 90. Some OERdevelopments
  • 91. Some PSI policies
  • 92. Digitaleducation(its big)
  • 93. Time to extend to OER?
  • 94. How it w orks
  • 95. http://www.flickr.com/photos/kalexanderson/6051120264/
  • 96. A simple, standardizedway to grant copyright permissions to your creative work. CC BY – C Green 2007
  • 97. Step 1: Choose ConditionsAttribution Share AlikeNon-Commercial No Derivative Works CC BY – C Green 2007
  • 98. Step 2: Receive a License CC BY – C Green 2007
  • 99. most freeleast free CC BY – Adapted from Green 2007
  • 100. 55 Jurisdictions Ported CC BY – C Green 2007
  • 101. Over 500 million items CC BY – C Green 2007
  • 102. CC BY – C Green 2007
  • 103. 175+ Million CC Licensed Photos on Flickr 105
  • 104. 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. 106
  • 105. 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 (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/956 107
  • 106. 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: http://www.smartcopying.edu.au/scw/go/pid/956 108
  • 107. Example: Image licensed under CC Attribution licence Eid Mubarak by Hamed Saber available at http://www.flickr.com/photos/44124425616@N01/1552383685 109
  • 108. 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: http://www.smartcopying.edu.au/scw/go/pid/956 110
  • 109. W her e to sta rt...
  • 110. Open Education Resources Some good OER sites include: 2. Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome 3. OER Commons: www.oercommons.org/ 4. Encyclopaedia of Life: www.eol.org/ 5. Comprehensive Knowledge Archive Network: www.ckan.net/ 6. Connexions: www.cnx.org/ 7. Teaching Ideas: www.teachingideas.co.uk/ The Smartcopying website lists Open Education Resources: http://www.smartcopying.edu.au/scw/go/pid/936 112
  • 111. Free for Education Initiatives • A number of organisations have agreed to make their online material free for education: – Enhance TV Website http://www.enhancetv.com.au – Museum Victoria http://museumvictoria.com.au – Cancer Council http://www.cancer.org.au/Home.htm – World Vision http://www.worldvision.com.au • Material available on these websites can be copied for ‘educational purposes’. The Smartcopying website lists FFE websites: http://www.smartcopying.edu.au/scw/go/pid/936 113
  • 112. CC sites• Encyclopedia – Wikipedia• Photos - Flickr• Videos - Blip.tv• Music - Magnatune• Sounds - Opsound• Articles - Directory of Open Access Journals• Remix community – ccMixter• Everything else - Internet Archive 114
  • 113. References• This presentation – http://www.slideshare.net/nationalcopyrightunit/• Smartcopying website - http://www.smartcopying.edu.au/scw/go• CC BY – C Green 2007 – The obviousness of open-policy, © 2007 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_Commons#Australia
  • 114. For More Information Carl Ruppin National Copyright Manager carl.ruppin@det.nsw.edu.au (02) 9561 1267 Delia Browne National Copyright Director delia.browne@det.nsw.edu.au (02) 9561 8876 www.smartcopying.edu.au 117