120511 presentation to ais ict copyright issues for educators in the digital world


Published on

11 May 2012

NSW AIS ICT Conference

Carl Ruppin
National Copyright Unit

Sydney Australia

Presentation for school ICT managers. Covers:

- what does copyright protect?

- how can schools use copyright material?

- open education resources (OER) and creative commons

(50 min)

Published in: Education, Technology, Business
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  • Want to talk about copyright and content Everyone should have a basic understanding of c Everyone is using it every day As IT managers, you’re designing the systems that will embed how content gets used So want to talk about how copyright works in schools
  • 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.
  • 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
  • 120511 presentation to ais ict copyright issues for educators in the digital world

    1. 1. Copyright in the Digital World 11 May 2012 AIS NSW Carl Ruppin National Copyright Manager National Copyright Unit
    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. Smar tcopying 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 3
    4. 4. Outline• What copyright covers• What teachers/schools 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. Performance 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…. 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. 12. Many Technologies • Photocopiers / MFDs • Learning/content management systems • Interactive whiteboards • Wikis and blogs • UGC – YouTube, Facebook • Mobile devices – tablets, audio players, phones 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 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. 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. 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. 16. Pt 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) 16
    17. 17. 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. 17
    18. 18. 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 18
    19. 19. 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 19
    20. 20. 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 20
    21. 21. Pt VB: Notice Requirements 21
    22. 22. Par t VA Statutor y 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 22
    23. 23. Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted. 23
    24. 24. Pt VA: Notice Requir ements• 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 24
    25. 25. 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. 25
    26. 26. Cost Bur den of Statutor y Licences Schools are required by statute to paylicence fees for their use of other people’s copyright material (unless expressly free for educational use)In 2011, Australian schools paid $75 million for these statutory licences. 26
    27. 27. Freeexceptions 27
    28. 28. s 28 - perfor ming 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 28
    29. 29. s 200AB: Flexible Dealing• 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• Rely on flexible dealing when no statutory licence or free use exception applies to your use.• 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/533 29
    30. 30. s 200AB: 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. Is my use unreasonable?
    31. 31. 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
    32. 32. Snapshot Summar y 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 worksOff air television and radiobroadcastsPodcasts of free-to-air broadcasts(available on the broadcaster’swebsite)YouTube videosDVDs and videosNote: Most commercial DVDs areprotected by aTPMs and cannot becopied because it illegal to circumvent anaTPM.Cassette tapes and CDs 32
    33. 33. 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. 33
    34. 34. Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes should be properly attributed.• 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 34
    35. 35. 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 35
    36. 36. 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. 36
    37. 37. 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. 37
    38. 38. 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. 38
    39. 39. 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. 39
    40. 40. OpenEducationalResources
    41. 41. 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
    42. 42. OER: Fundamental Values OER fundamental values: • Resources are free for any individual to use • Are licensed for unrestricted distribution • Possibility of adaptation, translation, re-mix, and improvement. It’s all about sharing resources 42
    43. 43. OER and 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 terms and conditions of use of the material.• 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 43
    44. 44. Example‘You may download, display, print and copy any material at this website, in unaltered form only, for you personal use, educational use or for non- commercial use within your organisation’ www.reconciliation.org.au 44
    45. 45. Website Ter ms and Conditions 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 45
    46. 46. Other Free for EducationInitiatives  A number of organisations have agreed to make their online material free for education: • National Museum of Australia: www.nma.gov.au • 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 46
    47. 47. Open Education ResourcesSome good OER sites include:- Curriki: http://www.curriki.org/- OER Commons: www.oercommons.org/- Encyclopaedia of Life: www.eol.org/- Comprehensive Knowledge ArchiveNetwork: www.ckan.net/- Connexions: www.cnx.org/- Teaching Ideas: www.teachingideas.co.uk/- Smart History: http://smarthistory.org/ The Smartcopying website lists OER: http://www.smartcopying.edu.au/scw/go/pid/936 47
    48. 48. CC Learn: A way to find OERCC learn is a division of Creative Commons dedicated toproviding an up to date list of OER resources. http://learn.creativecommons.org 48
    49. 49. How it w orks
    50. 50. http://www.flickr.com/photos/kalexanderson/6051120264/
    51. 51. A simple, standardizedway to grant copyright permissions to your creative work. CC BY – C Green 2007
    52. 52. Step 1: Choose ConditionsAttribution Share AlikeNon-Commercial No Derivative Works CC BY – C Green 2007
    53. 53. Step 2: Receive a License CC BY – C Green 2007
    54. 54. most freeleast free CC BY – Adapted from Green 2007
    55. 55. Australian Cultural Institutes and CCMany Australian institutes are using CC: • National Library of Australia and Picture Australia http://www.flickr.com/groups/PictureAustralia_ppe/ http://www.flickr.com/groups/pa_ourtown/ • State Library NSW http://www.flickr.com/photos/statelibraryofnsw/ • Powerhouse Museum http://www.flickr.com/photos/powerhouse_museum/ • Australian War Memorial http://www.flickr.com/photos/australian-war-memorial/ • ABC through Pool http://www.pool.org.au 55
    56. 56. CC and the Australian Bureau ofStatistics ABS website material is licensed under a CC Attribution Licence:“Unless otherwise noted, all material on this website – except the ABS logo, the Commonwealth Coat of Arms, and any material protected by a trade mark – is licensed under a Creative Commons Attribution 2.5 Australia licence” 56
    57. 57. Flickr and InternationalInstitutes The following organisations have released content under CC licences: • 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/ Smartcopying lists more at: http://www.smartcopying.edu.au/scw/go/pid/936 57
    58. 58. Attributing CC material CC works need to be attributed properly: • author and copyright owner • title of work and source • type of CC licence that applies to the work/copy (and a link) • Sometimes the creator will specify a particular attribution. Open Attribute (http://openattribute.com) is a tool 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 58
    59. 59. Example attribution Eid Mubarak by Hamed Saber available at http://www.flickr.com/photos/44124425616@N01/1552383685 59
    60. 60. Remember - Link - Label - Limit - Licences - Flush stale content - Consider OER 60
    61. 61. For Mor e Infor mation Carl Ruppin carl.ruppin@det.nsw.edu.au (02) 9561 1267 Delia Browne delia.browne@det.nsw.edu.au (02) 9561 8876 www.smartcopying.edu.au 61