TAFE Connects (NSW) - Copyright and Equella

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TAFE Connects (NSW) - Copyright and Equella
2 August 2012

Brief overview of copyright issues in the context of Equella

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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
  • 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.
  • Many sites you can goto to find Open Resources for you to re-use.... OR..... (see next slide)
  • TAFE Connects (NSW) - Copyright and Equella

    1. 1. Copyright in a Digital World TAFE Connects Copyright and Equella 2 August 2012 Carl Ruppin National Copyright Manager www.smartcopying.edu.au
    2. 2. 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/
    3. 3. Copying scanning downloading printing Upload to cloudSaving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 3
    4. 4. Communicationmake available to students online(intranet, LMS, wiki, etc) Email to studEnts 4
    5. 5. Perfor mance playing films and sound recordings singing songs Playing instrumEnts acting out a play reciting a poem 5
    6. 6. W hat can teacher s copy andcommunicate?Whatever the licence says you can. 6
    7. 7. W hat can teacher s copy and communicate?Otherwise…. You 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. 7
    8. 8. Statutorylicences 8
    9. 9. Cost Burden of Statutory Licences TAFE institutes have statutory obligations to pay fees for their use of other people’s material. Over $6 million in licence fees in 2011 for TAFEs nationally (excl. Victoria) 9
    10. 10. Par t VB: Statutor y Text andAr tistic Wor ks LicenceUnder this licence, a teacher can copy andcommunicate printed content… …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. 10
    11. 11. 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 (or multiple articles if on the same subject)• One literary or dramatic work in an anthology (15p max) (eg one short story, one poem) For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700 11
    12. 12. 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. 12
    13. 13. 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 13
    14. 14. 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 14
    15. 15. Pt VB: Notice Requirements Mandatory notice must be attached to all copies made available on Equella Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705 15
    16. 16. Pt VB: Notice Requirements 16
    17. 17. Pt VB: Copying Limits 17
    18. 18. 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 18
    19. 19. Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted 19
    20. 20. 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 20
    21. 21. 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. 21
    22. 22. 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. 22
    23. 23. Freeexceptions 23
    24. 24. 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 24
    25. 25. s.200AB: Flexible Dealing• Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use.• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.• Flexible dealing will not apply where it is possible to purchase a similar teaching resource• A free exception – no fees are paid. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/542 25
    26. 26. Free Use Exceptions: Flexible Dealing1. Is my use covered by a statutory licence or exception?2. Am I using this for giving educational instruction?3. Am I only using what I need for educational instruction?4. Can I purchase the format I need?5. Will my use unreasonably prejudice the copyright owner?
    27. 27. 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. 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 27
    28. 28. 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
    29. 29. 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 29
    30. 30. 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. 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 cannot be f copied because it illegal to circumvent an ATPM. i t Cassette tapes and CDs 30
    31. 31. 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’. 31
    32. 32. Smartcopying tips: Link Label Limit Licences Flush stale content Consider OER 32
    33. 33. 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
    34. 34. OER in a nutshellOER is about creating repositories of material which are free to: Access Use Modify Share 34
    35. 35. Open Education Resources Some good OER sites include: 1. Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome 2. OER Commons: www.oercommons.org/ 3. Encyclopaedia of Life: www.eol.org/ 4. Comprehensive Knowledge Archive Network: www.ckan.net/ 5. Connexions: www.cnx.org/ 6. Teaching Ideas: www.teachingideas.co.uk/ The Smartcopying website lists Open Education Resources: http://www.smartcopying.edu.au/scw/go/pid/936 35
    36. 36. 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 36
    37. 37. 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 37

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