Australian internet use 80%
18-25 year olds 96%
University Students 100%
YouTube 2nd largest search engine in the world
70% of 18-34 years olds watched TV online.
Gen Y will outnumber
UNSW YouTube channel
1.5million hits since Oct 07.
Content can be restricted.
180,000 podcast downloads since July 2008.
12,000 podcasts a month
Peer to Peer
Copyright material incorporated into media not
covered under the licence.
Licensed for lectures or the library but not
podcasts and YouTube.
Interpreting fair dealing.
Ambivalence toward Copyright law.
Misconceptions about Copyright law.
Internet is Public Domain, can use anything.
Using material for teaching is Fair Dealing.
If you’re not charging for it, it’s alright.
We’re using the material for the public good.
They won’t sue a University.
I won’t be personally liable.
Copying small portion may still be a copyright
‘Quality’ of the work taken, not just ‘Quantity’.
‘Works’ on the internet are copyright by
Material licensed for education use in lectures
may not be licensed for the Internet
(YouTube and iTunesU).
The law allows use without specific permission:
For research or scholarship
To criticize or comment
To write news articles
To practice or parody
Statutory licences - Part VA and VB
Universities pay large amounts to CAL &
Screenrights and APRA.
Fair dealing in a copyright work is not an
infringement of copyright.
Allows use of a work in a reasonable manner:
When and how often used.
To minimise risk of Copyright infringement liability:
Strong access policies
Take down notice procedures
Citations and attributions for all material
Update Copyright policies and procedures
Enforce copyright policy
Communication and training students and staff.
Exercising one of the owner’s rights?
Copy or a derivative work?
Distribute or publish a copy?
Publicly perform or distribute the work?
Purpose for using the creative work?
Is use Fair Dealing and therefore exempt?
Checklist for uploading content
‘Fair Dealing’ in AUS not as wide as ‘Fair Use’ in USA
Section 40: Fair Dealing for research and study
How much and how often are you using?
Does amount exceed reasonable expectation?
Using the work more than once?
Using the ‘heart’ or ‘essence’ of a work?
‘Quality’ not ‘Quantity’.
Ongoing improvements in technology.
Universal internet adoption (developed world).
The National Broadband Network.
New disruptive technologies (Skype, YouTube etc)
New business models.
Copyright law has not kept up.
Copyright law reform. Industry options:
Levy the medium, not the content.
Industry supported collection society.
Encourage industry to build and administer a P2P
network for content sharing.
Universities collect a low fee from students to access
all content free – Warner Bros ‘Choruss’ model.
What should Universities do?
Prepare for a copyright infringement claim but
compliance shouldn’t impose disproportionate cost.
Workable approaches to Copyright complaints and
Support open source access to research outcomes and
Different approaches among Universities.
How does your University manage Copyright risk?
Share/ remix/ spread… and attribute.
Attribution – attribute the author
Noncommercial – no commercial use
ShareAlike – changes allowed, but only if you put the new work under the same licence
The Legal Office - Chancellery Building
UNSW SYDNEY NSW 2052
Elsewhere on the web
Attribution: Images from Istockphoto.com and flickr.com