Rose Bay Secondary College Presentation


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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.
  • 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’:
  • Under the recordings licence, schools are permitted to make sounds recordings (ie, making copies of the music the teacher download) in any form (eg, making copies of the tracks onto a CD, adding them to a student’s own iPod, iPad, etc or any other school owned device):
    •to be played at a school event (eg copying music to CD or MP3 to play at an event)
    •of a school event at which music is played (eg making a video or audio recording of a school event)
    •for inclusion in an electronic presentation ( eg classroom PowerPoint slides, or in presentations at assemblies or functions)
    •to play in class for educational purposes (eg to play music recordings relevant to material being studied)
    •to be used as part of a course of instruction (eg when teaching how to make or use sound recordings in music or multimedia classes)
    •to synchronise with recordings made of a school event (eg to add a musical soundtrack to a video recording of a school assembly, presentation night or sports day).
  • 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
  • Rose Bay Secondary College Presentation

    1. 1. Copyright in a Digital World 01 April 2014 Rose Bay Secondary 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. 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
    4. 4. Slides available @ This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)
    5. 5. 5 Outline • What copyright covers • What you can do with © material • Questions
    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? 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)
    13. 13. 13 Statutory Licences • Part VB: Statutory Text and Artistic Works Licence • Part VA: Statutory Broadcast Licence
    14. 14. 14 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.
    15. 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:
    16. 16. 16 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
    17. 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.
    18. 18. Pt VB: Notice Requirements  Mandatory notice must be attached to all copies made available online  Notice is available on the Smartcopying website at: 18
    19. 19. Pt VB: Notice Requirements 19
    20. 20. 20 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:
    21. 21. 21 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”:
    22. 22. 22 Pt VA: Copy limits • No limit on how much you can copy. • Format shifting is permitted
    23. 23. 23 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:
    24. 24. 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. 24
    25. 25. 25 Voluntary licences
    26. 26. 26 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 •perform musical works at the school or at a function connected with the school’s activities •copy sheet music (subject to copy limits) for the educational purposes of the school.
    27. 27. 27 Free exceptions
    28. 28. 28 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?” :
    29. 29. 29 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?”:
    30. 30. S 200AB criteria 1. Your proposed use is not covered by an existing statutory licence or exception 2. Your proposed use is for the purpose of educational instruction and is not for profit 3. Your proposed use isn’t ‘unreasonable’ 30
    31. 31. 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?” 31
    32. 32. 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’:
    33. 33. 33 Snapshot Summary Part VB  Copying limits: 10% or 1 chapter  Attach notice if communicating. Part VA No copying limits. Can format shift. Attach notice if communicating. s.200AB Limited format shifting rights. You cannot buy it. Only copy what you need. Schools’ music licence 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
    34. 34. 34 Tricky areas: YouTube and iTunes video content  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’.
    35. 35. 3535 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. • YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others. • Each jurisdiction will have to decide whether they will rely on what is permitted by the Copyright Act in light of YouTube's (and iTunes) terms of use. Teachers Tube is a great alternative: For further information: “YouTube: Use by Teachers” : “Teachers Tube: Use by Teachers”:
    36. 36. 3636 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?”
    37. 37. 3737 YouTube: Embedding Videos • 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?”
    38. 38. iTunes – music  iTunes music is covered by the schools recordings agreement and this agreement overrides the general terms of iTunes.  Under the recordings licence, schools are permitted to make sounds recordings in any form: • to be played at a school event • of a school event at which music is played • for inclusion in an electronic presentation • to play in class for educational purposes • to be used as part of a course of instruction • to synchronise with recordings made of a school event AMCOS|APRA|ARIA Licence: and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence 38
    39. 39. 39 iTunes - Apps  Apple’s Volume Purchase Program for Education:
    40. 40. 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. 40
    41. 41. 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: 41
    42. 42. 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. 42
    43. 43. 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. 43
    44. 44. 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. 44
    45. 45. 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. 45
    46. 46. 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. Open Education: 46
    47. 47. 47 Link Label Limit Clear out content Consider OER Smartcopying:
    48. 48. 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 48 More Information
    49. 49. Copyright 4 Educators • Peer 2 Peer University – • Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources  7 week course. One cycle running right now, another will run later in the year.  More information on the Smartcopying website or here on the P2PU website: educators-aus/  Other relevant courses on P2PU: • Intro to Openness in Education • Creative Commons for K-12 Educators 49