Copyright in a Digital World             -Open Education Resources               14 September 2012    SA Christian Schools...
Smartcopying Website             www.smartcopying.edu.au•   National Copyright Guidelines for Schools and TAFEs•   Practic...
Slides available @http://www.slideshare.net/nationalcopyrightunit/    This work is licensed under the CC Attribution-Share...
Outline•   What copyright covers•   What you can do with © material•   OER – way of the future?                           ...
Copyright pr otects…           ‘Works’     Artistic               Literary                Musical                 Dramatic...
Copyright pr otects…         ‘Other Subject Matter’                              Sound                                    ...
Copying     scanning          downloading                  printing                                Upload to cloudSaving t...
Communicationmake available to students          online(intranet, LMS, wiki, etc)   Email to studEnts             8
Perfor mance    playing films and sound recordings             singing songs  Playing instrumEnts       acting out a play ...
W hat can teacher s copy andcommunicate?Whatever the licence says you can.                                     10
W hat can teacher s copy and  communicate?Otherwise….     A.   Statutory Licences (text, pics, TV)     B.   Voluntary Lice...
Statutorylicences            12
Par t VB: Statutor y Text andAr tistic Wor ks LicenceUnder this licence, a teacher can copy andcommunicate (email, place o...
Part VB: Copying LimitsThere are specific copying limits under Part VB.You can only copy a reasonable portion.For more inf...
Part VB: Copying LimitsYou can only copy a reasonable portion:• 10% or 1 chapter of a hardcopy book or e-book• 10% of word...
Pt VB: Copying LimitsCan copy more (eg the whole work) if:  •   it has not been separately published  •   or is not commer...
Part VB: Copying from websites•   Available on the web does not mean free to use•   Almost all web content is protected by...
Part VB: Website Terms andConditions          Terms and Conditions                 Not Free   FreePersonal UsePersonal, no...
Pt VB: Common ActivitiesCommon activities covered by the EUS include:1.   Scanning a hard copy book2.   Printing, saving a...
Pt VB: Simultaneous Storage Rule   Licence does not allow two parts of a work -    eg two 10% excerpts - to be made avail...
Pt VB: Notice Requirements   Mandatory notice must be attached to all    copies made available online   Notice is availa...
Pt VB: Notice Requirements                             22
Pt VB: Copying LimitsStatutory Text and Artistic Licence doesn’t permit:  •   mass digitisation of books  •   mass copying...
Part VA Statutory BroadcastLicenceCovers the copying and communication of:• TV and radio broadcasts• TV/radio from a broad...
Pt VA: Copy limits•   No limit on how much you can copy.•   Format shifting is permitted                                  ...
Pt VA: Notice Requirements•   If putting a copy online (eg IWB, LMS, wiki,    blog, school intranet)….you must attach the ...
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE         FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE               ...
Part VA:ClickView & Video Commander   Using ClickView, Video Commander or others    repositories to copy and communicate ...
Voluntarylicences            29
Music licencesUnder paid licences with copyright owners,schools can:copy  music from CD to use in Powerpoint orteaching r...
Freeexceptions             31
s 28 - performing orcommunicating in class• Allows schools to perform and  communicate material in class (includes  remote...
s.200AB: Flexible Dealing•   Rely on flexible dealing when no statutory licence (Part    VA or Part VB) or free use except...
s 200AB: Flexible Dealing -     Examples1.   Compile short extracts of audio-visual material for use in class (eg     maki...
s 200AB and Commercial DVDsCannot copy from commercial DVDs.    • Commercial DVDs are protected by ATPMs - access        c...
s 200AB:    Flexible Dealing Dos and Don ’ts•   Do not use pirated material.•   Just in case’ format shifting is not permi...
s 200AB:    Flexible Dealing Dos and Don ’ts•   Don’t copy more than you need. If you copy too large an    amount, it migh...
Snapshot Summary                                                                 Copied and Communicated Under            ...
Tricky areas:YouTube and iTunes   The terms of YouTube and iTunes provide that    the content can only be used for ‘perso...
YouTubeCan I copy YouTube videos for use in class or as part of a resource?• There is no clear answer.•   You may be able ...
YouTube: Linking andStreaming   Practical alternatives to copying videos off YouTube    include:    •   Directly streamin...
iTunes – music & video When buying content from the iTunes store,  you must agree to the store’s Terms of Use. Terms sta...
iTunes – music & video   Legally unclear whether iTunes contract prohibits the    educational use of content purchased fr...
Smartcopying tips…Link – link or embed material whenever  possible. Dont download or copy.Providing a link is not a copyri...
Smartcopying tips…Label – always attribute the source.•   All material created and used for educational    purposes should...
Smartcopying tips…Label – always attribute the source.•   Attributing is important to ensure that we dont pay    licence f...
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyOnce    material is communicated t...
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyLimiting   access is an important ...
Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyAccess   to s200AB copies must be ...
Smartcopying tips…Clear out unwanted content regularlyMaterial copied and communicated under theStatutory Licences is pai...
Smartcopying tips…Clear out unwanted content regularlyTwo options:   Archive – for material that is not currently being   ...
Smartcopying tips…Clear out unwanted content regularlyTwo options:   Delete – for material that the school no longer   req...
Smartcopying tips…Use Open Education Resources•   Material whose owner has given permission for the    material to be used...
Smartcopying:  Link  Label  Limit  Licences  Flush stale content  Consider OER                         54
OpenEducationalResources
OER are teaching, learning, and   research materials in anymedium that reside in the public domain or have been released  ...
OER include resources of all sorts:  worksheets, curriculum materials, lectures,homework assignments, quizzes, class activ...
OER in a nutshellOER is about creating repositories of       material which are free to:              Access              ...
OER in a nutshellYou can do more with OER as compared with traditional      copyright material                            ...
Glo balsn aps hot
UNESCO: http://www.moveoneinc.com/blog/wp-content/uploads/2011/07/UNESCO.jpg
http://www.eifl.net/system/files/201106/oecd_text_20cm_hd_0.jpg
ConnexionsMERLOTCK-12OER AfricaOER BrazilOER FoundationOLnetWikipediaMozillaPIRGSOLIUniversities & Community Colleges… and...
Higher Ed   CC BY – C Green 2011
Higher Ed
Government
Search and Discovery                CC BY – C Green 2011
OE  R inA us t r ali a
No OER policy (Commonwealth / State /       Territory)
Free forEducation (mostly ad hoc)
© 2011 Education Services Australia Limited
Free for Education (FFE)• ‘Free for education’ (FFE) material is similar to OER• But FFE material may not permit a teacher...
Some OERdevelopments
Ho w it wor k s
http://www.flickr.com/photos/kalexanderson/6051120264/
What is CC? • CC creates a “some rights reserved” model. • The copyright owner retains copyright   ownership in their work...
A simple, standardizedway to grant copyright permissions to your    creative work.                 CC BY – C Green 2011
Step 1: Choose ConditionsAttribution       Share AlikeNon-Commercial    No Derivative Works                            CC ...
Step 2: Receive a License                        CC BY – C Green 2011
most freeleast free             CC BY – Adapted from Green 2011
Over 500 million items                 CC BY – C Green 2011
CC BY – C Green 2011
175+ Million CC Licensed Photos on Flickr                    85
Attributing CC material• CC requires that you label materials with:– author/copyright owner,– title and source,– type of C...
Example: Image licensed under CC Attribution licence                 Eid Mubarak by Hamed Saber available at              ...
W her   e to s ta r t . ..
CC sites•   Encyclopedia – Wikipedia•   Photos - Flickr•   Videos - Blip.tv•   Music - Magnatune•   Sounds - Opsound•   Ar...
OER sites• Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome• OER Commons: www.oercommons.org/• Encyclopaedia of...
Free for Education Initiatives   • A number of organisations have agreed to make their     online material free for educat...
References• This presentation – http://www.slideshare.net/nationalcopyrightunit/• Smartcopying website - http://www.smartc...
For More Information                 Carl Ruppin        National Copyright Manager        carl.ruppin@det.nsw.edu.au      ...
“Nearly one-third of the world’spopulation (29.3%) is under 15.Today there are 158 millionpeople enrolled in tertiaryeduca...
SA Christian Schools Library Conference
SA Christian Schools Library Conference
SA Christian Schools Library Conference
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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.
  • 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.
  • 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 Hosted 2012 Global OER Conference in 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 – several years ago opened several undergraduate courses for free, this year another 7 courses offered. Eg Introduction to AI – over 100,000 enrollments in 1 st weeks! Anyone can sign up, watch lectures, have their homework graded, and take the exams. Everyone who passes will receive a certificate verifying their completion of the course and marking how they ranked compared to others in the class, including the Stanford students who ’ ll be attending in person. Taught by professors who are some of the biggest names in the field. Director of Research at Google, the former senior computer scientist at NASA... UC Berkley, Yale, others all doing similar things (See here for further info -> http://singularityhub.com/2011/08/18/100000-sign-up-for-stanfords-open-class-on-artificial-intelligence-classes-with-1-million-next/)
  • Government : US – eg the White House – release of PSI under CC licence – the 2009 Directive on Open Government - which directed government departments to take specific steps to 'expand access to information by making it available online in open formats' and the 2011 Presidential Memorandum on Regulatory Compliance - directive to departments to release data-sets under open licence US – TAACCCT grants – in Jan 2011 - US$2 billion to fund creation of community college course materials, on condition all released under CC licence UK – uses the “ Open Government Licence ” to release much PSI information to public for use and re-use UK – further to a policy of open access to PSI recommended in 2009 - Power of Information Taskforce Report
  • 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.
  • 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
  • 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)
  • Many sites you can goto to find Open Resources for you to re-use.... OR..... (see next slide)
  • .... Search from Creative Commons' own website
  • 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.
  • Transcript of "SA Christian Schools Library Conference"

    1. 1. Copyright in a Digital World -Open Education Resources 14 September 2012 SA Christian Schools Library Conference Carl Ruppin National Copyright Manager www.smartcopying.edu.au
    2. 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. 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. 4. Outline• What copyright covers• What you can do with © material• OER – way of the future? 4
    5. 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. 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. 7. Copying scanning downloading printing Upload to cloudSaving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 7
    8. 8. Communicationmake available to students online(intranet, LMS, wiki, etc) Email to studEnts 8
    9. 9. Perfor mance playing films and sound recordings singing songs Playing instrumEnts acting out a play reciting a poem 9
    10. 10. W hat can teacher s copy andcommunicate?Whatever the licence says you can. 10
    11. 11. W hat can teacher s copy and communicate?Otherwise…. A. Statutory Licences (text, pics, TV) B. Voluntary Licences (music) C. Free Use Exceptions (video, performances) allow teachers to re-use copyright materials, without further permission needed 11
    12. 12. Statutorylicences 12
    13. 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 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. 13
    14. 14. 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 14
    15. 15. Part VB: Copying LimitsYou 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) 15
    16. 16. 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. 16
    17. 17. Part VB: Copying from websites• Available on the web does not mean free to use• Almost all web content is protected by copyright• Some websites are ‘free for education’ – can be copied for educational purposes.• Website terms and conditions will determine whether a website is ‘free for education’.For further information see Understanding Website Terms and Conditions on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999 17
    18. 18. 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 18
    19. 19. Pt VB: Common ActivitiesCommon activities covered by the EUS include:1. Scanning a hard copy book2. Printing, saving and downloading material from the Internet (eg online articles and images) and electronic resources such as CD Roms and e-books3. Uploading material onto a content/learning management system (LMS), class wiki or blog, or interactive whiteboard4. Copying material onto portable devices including iPods, iPads, MP3 players, mobile phones and a USB 19
    20. 20. 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 20
    21. 21. 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 21
    22. 22. Pt VB: Notice Requirements 22
    23. 23. 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 23
    24. 24. Part VA Statutory BroadcastLicenceCovers the copying and communication of:• TV and radio broadcasts• TV/radio from a broadcaster’s website IF it has been broadcast on free-to-airDoesn’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 24
    25. 25. Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted 25
    26. 26. Pt VA: Notice Requirements• If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)….you must attach the prescribed notice. A copy of this notice is available at: www.smartcopying.edu.au/scw/go/pid/704 26
    27. 27. NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ). The material in this communication may be subject to copyright under the Act.Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 27
    28. 28. 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. 28
    29. 29. Voluntarylicences 29
    30. 30. Music licencesUnder paid licences with copyright owners,schools can:copy music from CD to use in Powerpoint orteaching 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. 30
    31. 31. Freeexceptions 31
    32. 32. s 28 - performing orcommunicating in class• 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?” : http://www.smartcopying.edu.au/scw/go/pid/535 32
    33. 33. 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.• Flexible dealing will not apply where it is possible to purchase a similar teaching resource• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.• A free exception – no fees are paid. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/542 33
    34. 34. s 200AB: Flexible Dealing - Examples1. Compile short extracts of audio-visual material for use in class (eg making DVD of short films clips from VHS or digital files when it is not possible to purchase similar teaching resources.2. Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording. See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 34
    35. 35. 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
    36. 36. 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 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 36
    37. 37. s 200AB: Flexible Dealing Dos and Don ’ts• Don’t copy more than you need. If you copy too large an amount, it might not be covered by this exception.• Access to s 200AB copies must be limited to those students who need to use the material for a class exercise, homework or research task• Remove once no longer needed the s 200AB copy from the LMS, school intranet, class blog/wiki, portal or interactive media gallery as soon as practical, once no longer required for the class, homework or research task.• Label s 200AB copies with words similar to: ‘Copied under s200AB of the Copyright Act 1968’ See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542 37
    38. 38. Snapshot Summary Copied and Communicated Under Part VB Part VA s.200AB Schools’  Copying limits: No copying 10% or 1 chapter limits. Limited format shifting rights. music  Attach notice if Can format You cannot buy it. licence communicating. shift.  Only copy what Attach notice if you need. communicating. Images or print works Off air television and radio broadcasts Podcasts of free-to-air broadcasts (available on the broadcaster’s website) YouTube videosl a r e a M o e py T DVDs and videos Note: Most commercial DVDs are protected by ATPMs and f cannot be copied because it illegal to circumvent an ATPM. i t Cassette tapes and CDs 38
    39. 39. Tricky areas:YouTube and iTunes The terms of YouTube and iTunes provide that the content can only be used for ‘personal, non-commercial’ use. This may not include copying by educational institutions for ‘educational use’. This is changing…. YouTube for Education, iTunes Volume Licensing coming soon. 39
    40. 40. 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 40
    41. 41. 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 or embedding the YouTube video. Not a copyright activity - you are not copying the content. See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855 “Performance and Communication of works and audio-visual material in class – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/544 41
    42. 42. 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 42
    43. 43. 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 43
    44. 44. 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. 44
    45. 45. 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 45
    46. 46. 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 46
    47. 47. 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. 47
    48. 48. 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. 48
    49. 49. 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. 49
    50. 50. 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. 50
    51. 51. 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. 51
    52. 52. 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. 52
    53. 53. 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. 53
    54. 54. Smartcopying: Link Label Limit Licences Flush stale content Consider OER 54
    55. 55. OpenEducationalResources
    56. 56. OER are teaching, learning, and research materials in anymedium 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 2011
    57. 57. OER include resources of all sorts: worksheets, curriculum materials, lectures,homework assignments, quizzes, class activities, pedagogical materials, games and more... See: www.oercommons.org 57
    58. 58. OER in a nutshellOER is about creating repositories of material which are free to: Access Use Modify Share 58
    59. 59. OER in a nutshellYou can do more with OER as compared with traditional copyright material 59
    60. 60. Glo balsn aps hot
    61. 61. UNESCO: http://www.moveoneinc.com/blog/wp-content/uploads/2011/07/UNESCO.jpg
    62. 62. http://www.eifl.net/system/files/201106/oecd_text_20cm_hd_0.jpg
    63. 63. ConnexionsMERLOTCK-12OER AfricaOER BrazilOER FoundationOLnetWikipediaMozillaPIRGSOLIUniversities & Community Colleges… and MANY others CC BY – C Green 2011
    64. 64. Higher Ed CC BY – C Green 2011
    65. 65. Higher Ed
    66. 66. Government
    67. 67. Search and Discovery CC BY – C Green 2011
    68. 68. OE R inA us t r ali a
    69. 69. No OER policy (Commonwealth / State / Territory)
    70. 70. Free forEducation (mostly ad hoc)
    71. 71. © 2011 Education Services Australia Limited
    72. 72. Free for Education (FFE)• ‘Free for education’ (FFE) material is similar to OER• But FFE material may not permit a teacher to communicate, modify or share the material. This will depend on the particular terms and conditions of use. 72 The Smartcopying website lists good some FFE resources:
    73. 73. Some OERdevelopments
    74. 74. Ho w it wor k s
    75. 75. http://www.flickr.com/photos/kalexanderson/6051120264/
    76. 76. 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. 78
    77. 77. A simple, standardizedway to grant copyright permissions to your creative work. CC BY – C Green 2011
    78. 78. Step 1: Choose ConditionsAttribution Share AlikeNon-Commercial No Derivative Works CC BY – C Green 2011
    79. 79. Step 2: Receive a License CC BY – C Green 2011
    80. 80. most freeleast free CC BY – Adapted from Green 2011
    81. 81. Over 500 million items CC BY – C Green 2011
    82. 82. CC BY – C Green 2011
    83. 83. 175+ Million CC Licensed Photos on Flickr 85
    84. 84. Attributing CC material• CC requires that you label materials with:– author/copyright owner,– title and source,– type of CC licence that applies– a link to the licence terms.• It is important to always check whether the creator has specified a particular attribution.• Open Attribute (http://openattribute.com) is a tool recently developed by Mozilla Drumbeat to assist users of CC material properly attribute the CC material. For further information on attributing CC material, see: http://www.smartcopying.edu.au/scw/go/pid/956 86
    85. 85. Example: Image licensed under CC Attribution licence Eid Mubarak by Hamed Saber available at http://www.flickr.com/photos/44124425616@N01/1552383685 87
    86. 86. W her e to s ta r t . ..
    87. 87. 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 89
    88. 88. OER sites• Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome• OER Commons: www.oercommons.org/• Encyclopaedia of Life: www.eol.org/• Comprehensive Knowledge Archive Network: www.ckan.net/• Connexions: www.cnx.org/• Teaching Ideas: www.teachingideas.co.uk/ The Smartcopying website lists Open Education Resources: http://www.smartcopying.edu.au/scw/go/pid/936 90
    89. 89. 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 91
    90. 90. References• This presentation – http://www.slideshare.net/nationalcopyrightunit/• Smartcopying website - http://www.smartcopying.edu.au/scw/go• CC BY – C Green 2011 – The obviousness of open-policy, © 2011 Cable Green - http://www.slideshare.net/cgreen/sloan-the-obviousness-of-open-policy used under a Creative Commons Attribution licence: http://creativecommons.org/licenses/by/3.0/• Flickr images - http://www.flickr.com/• CC in Australia - http://creativecommons.org.au/• CC in Australian government - http://wiki.creativecommons.org/Government_use_of_Creative_Commons#Australia
    91. 91. 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 slideshare.net/nationalcopyrightunit 94
    92. 92. “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
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