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National Copyright Unit
www.smartcopying.edu.au
1
The NCU Copyright Hour
22 November 2022
Copyright for Resource
Developers
National Copyright Unit
Jessica Smith & Arabi Shivaramanan
1
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
National Copyright Unit
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for
copyright policy and administration for the Australian school and TAFE sectors. This
involves:
● managing the obligations under the educational copyright licences
● providing copyright advice to schools and TAFEs
● advocating for better copyright laws on the school and TAFE sectors’ behalf
● educating the School and TAFE sectors regarding their copyright
responsibilities.
2
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying website
3
www.smartcopying.edu.au
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Smartcopying tips and information on Creative Commons and how to find
Creative Commons licensed resources
• Search the site for answers to your copyright questions
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Slides
• Slides available @ http://www.slideshare.net/nationalcopyrightunit/
• This work is licensed under a Creative Commons Attribution 4.0 International
Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/.
• Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs)
4
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Outline
5
1. Smartcopying tips
2. Seeking permission
3. Statutory licences
4. Music
5. Flexible dealing
6. Publishing material on a public website
7. Attribution
8. Case study
https://smartcopying.edu.au/creating-learning-and-teaching-resources/
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Introduction
6
Curriculum developers make learning materials available online so teachers and
students can easily access materials. Some of these materials might include things
like:
• A PDF download for a Year 9 Science unit on the tectonic process, with text and
images from different sources and links to the US Geological Survey website.
• A digital learning pack for Year 3 students with different activities such as
embedded YouTube clips, a video of an author reading a story, and an audio
clip of sounds from ABC Kids listen.
• Learning from home activities looking at the concept of ‘perspective’ through the
lens of War Poetry, exploring the poet Lord Alfred Tennyson. These include a
YouTube clip of an actor reading ‘The Charge of the Light Brigade’, images of
screenshots from IMDB.com and an image of The Frayer Model.
National Copyright Unit
www.smartcopying.edu.au
7
The NCU Copyright Hour
22 November 2022
Smartcopying tips
7
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Smartcopying tips to follow when creating
teaching and learning materials
8
These tips are about smarter ways to create
resources while still managing your copyright
obligations.
The Light Bulb Fragment, Day
208 of 365 by DieselDemon is
licensed under a CC BY 2.0.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Use your own material
9
• Using and repurposing the department or administering
body’s own material is a great way to manage copyright
obligations.
• As long as the material doesn’t include any material created
by someone who is not an employee of the
department/administering body, then you can use this any
way you like (eg this could be shared to a public website if
needed).
• Generally, curriculum developers should license the
materials they create under a Creative Commons Licence.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Use as inspiration
10
• If you find useful material that has been created by
others, you could use it as inspiration for you to
create your own original content.
• For example, a curriculum developer may want to
develop some fact sheets on Australia’s climate
change strategies.
• They could look at a number of different resources
and then create their own.
‘illustration of a woman seeking
inspiration’ by Islahaddow is licensed
under a CC BY SA 4.0
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Link or embed
11
Providing links or embedding links to material is a great way for curriculum
developers to direct teachers, students or their parents to content.
By including a link, you are providing a path to the material’s location, and this is not a
copyright activity.
For example:
• If you want to include a YouTube video, consider including a link to the video.
• If you want to use an ABC Education resource, link to the relevant resource on the
ABC Education website
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Use Creative Commons licensed
materials
12
If you want to use other people’s
materials in your resources, we
encourage the use of Creative
Commons licensed material, which is
free to access, modify and share.
‘Creative Commons World Network’ by Creative
Commons Aotearoa New Zealand from Creative
Commons Kiwi is licensed under a CC BY 3.0
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
What is Creative Commons (CC)?
13
• Creative Commons (CC) is the most
common way of releasing materials
under an open licence.
• CC are a set of free licences for creators
to use when making their work available
to the public.
• All CC licences permit educational uses
of a work.
• Teachers and students can freely copy,
share and sometimes modify and remix a
CC work without having to seek the
permission of the creator.
What is Creative Commons?
"Creative Commons" by Kalexanderson is licensed under CC BY-SA
2.0.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Benefits of using CC
14
 Cheaper: saves money on copyright fees and
administrative costs of seeking permission. Education
resources can be shared freely online with very low
transaction costs.
 Collaborative: encourages collaboration and creates
communities based on sharing of education resources.
Can share resources on public websites and social
media.
 Adaptable: enables educators to reuse, remix and
adapt resources since the copyright owner has already
given permission to everyone (eg by translating or
using local examples).
 Accessible: over 2 billion Creative Commons licensed
works.
"Creative Commons - cc stickers"
by Kalexanderson is licensed under CC BY
2.0.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Where can I find CC licensed
materials?
15
There are over 2 billion CC licensed works across millions of websites and databases.
Here are just some examples:
• Openverse is a is an open-source search engine for open content developed as part of
the WordPress project. It searches CC licensed and public domain content from dozens
of different sources.
• Openphoto is a moderated photo community with over 3000 CC licensed photos in
different categories.
• YouTube clips try searching for CC licensed videos by using the ‘Filters’ option on the
results page after you do a search on YouTube.
• The Queensland Curriculum & Assessment Authority (QCAA) has created an OER
database, with 300 records, so far, of different openly licensed resources (eg journals,
textbooks, multimedia).
Where to find CC Licensed Material
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Where can I find CC licensed
materials?
16
For example, you might want to develop some resources as part of a K-7 Unit on key
philosophical thinkers, and you want to use images throughout the material.
See below for some CC Licensed images that are available, via Openverse:
"Aristotle" by Nick in exsilio is licensed
under CC BY-NC-SA 2.0. "Confucious Statue (Yushima Seido,
Ochanomizu, Tokyo, Japan)" by Free
For Commercial Use (FFC) is licensed
under CC BY 2.0
"plato, aristoteles, socrates" by mararie is licensed
under CC BY-SA 2.0.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Images from the internet
17
• Images copied from the internet are not free and are paid for under the Statutory
Text and Artistic Works Licence.
• All images from the internet will attract fees under the Statutory Text and Artistic
Works Licence unless they are CC licensed, copyright has expired (see How long
does copyright last?) or the website terms and conditions clearly allow for
educational use.
• Even if your department/administering body has a licence with companies like Getty
Images or Adobe, this may not allow for subsequent copying by teachers in the
classroom.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
CC licensed images
18
• It is best to use CC licensed images in place of
images copied generally from the internet, or
images used under a licence from Getty or similar
platform. CC images are free to use, share and
adapt in accordance with the licence conditions.
• When searching for CC licensed images to use in
curriculum resources, a good idea is to maintain an
‘image bank’ or folder of high quality photos,
pictures and/or diagrams licensed under CC and
relevant to a particular topic. This way, you and
other resource developers can easily access these
in the future.
• You should keep attribution details of any CC
licensed image you use.
Where to find CC Licensed material
"World" by kevin dooley is licensed
under CC BY 2.0.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Using Google and Flickr to find
CC licensed images
19
• You can also easily search for CC licensed images using Google and Flickr
• Google – go directly to the advanced search page, and filter for CC only images
using the ‘Usage Rights Filter’.
• Or, search generally on Google Images, and then filter results to show CC only
images - click on ‘Tools’, under ‘Usage Rights’ and select ‘Creative Commons
licences’.
• Flickr – go to the website section dedicated to CC licensed images or search
generally for an image and then add the CC only filter.
Where to find CC Licensed material
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Remember to attribute
20
When using CC licensed materials in your resources, remember to
attribute the copyright owner as this is a requirement of every CC
licence. Best practice is to follow TASL:
1. Title
2. Author/copyright owner
3. Source
4. Licence
How to attribute CC Licensed materials
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Licensing your materials under a
CC licence
21
• CC BY is the standard open licence adopted by the Australian Government and departments
of education across all jurisdictions.
• You should make your resources available under a Creative Commons BY Licence to ensure
it is able to be used freely by teachers, parents and students, and is in line with departmental
policy.
• Two easy ways to do this:
1. If you are creating resources or publications, copy and paste the Creative Commons logo
into your resource.
2. If you are creating materials to be shared on a website, insert the HTML code. The HTML
code can be found on the Creative Commons Licence Chooser Website.
Applying a Creative Commons Licence
National Copyright Unit
www.smartcopying.edu.au
22
The NCU Copyright Hour
22 November 2022
Seeking permission
22
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Seeking permission
23
• Where you want to use third party materials, and it isn’t possible to use it in ways
outlined under Smartcopying tips, you can seek permission from the copyright
owner.
• Seeking permission involves identifying the copyright owner, and sending them
an email to request permission to use the materials for educational purposes.
• You should seek and receive permission in writing, and keep a copy of the
permission on file for future reference, preferably in a central register of
permissions all staff can access.
• You can use the permission templates on the Smartcopying website and adapt
these to suit your particular circumstances.
Seeking Permission
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Benefits of seeking permission
24
1. Departments do not pay copyright fees when relying on permissions to use
materials (unless the department has agreed to pay a licence fee).
2. There is a greater flexibility to the content creator as they can share materials in
different ways (eg on public websites).
Seeking Permission
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
When should I seek
permission?
25
• Where you are using large amounts of
content from one particular resource.
• Where you want to copy and share content
for a long period of time (for example, using
materials in a training resource that will be
used in classrooms or by teachers for a
number of years).
Seeking Permission
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
When should I seek
permission?
26
Other circumstances where you may wish to contact the copyright owner to seek
permission (or contact the National Copyright Unit for clarification) include where:
1. it is not clear from the terms and conditions of a website whether its material
is actually licensed under CC
2. is not clear whether the material could be subsequently used in schools
3. you want to contact the copyright owner to request they license their
materials under a CC licence.
Seeking Permission
National Copyright Unit
www.smartcopying.edu.au
27
The NCU Copyright Hour
22 November 2022
Using material under the
Statutory Licences
27
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Using material under the
Statutory Licences
28
If you are including third party material
(which is not licensed under Creative
Commons and for which you don’t have
permission) in your resource, you may be
able to rely on the statutory licences to
upload it to a password protected intranet.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Text and artistic works
29
• Under the Statutory Text and Artistic Works
Licence, curriculum developers can copy whole
images and text works, provided the amount
does not unreasonably prejudice the legitimate
interests of the copyright owner.
• The 10% or one chapter rule is still a useful
guide in making this assessment for resources
that are still commercially available.
Statutory Text and Artistic Works Licence
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Radio & TV broadcasts
30
Curriculum developers can rely on the
Statutory Broadcast Licence to:
• copy television and radio broadcasts
from free-to-air television and radio,
for educational purposes
• upload the copy broadcasts to the
department or administrating body’s
intranet provided access is limited (eg
on a department intranet via
password protected access).
National Copyright Unit
www.smartcopying.edu.au
31
The NCU Copyright Hour
22 November 2022
Music
31
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Music
32
• Generally, departments and administering bodies cannot rely on the Schools
Music Licence to incorporate music into their resources (eg add music to a
video). You will need to seek permission if you wish to use music in this way.
• A great alternative is to use CC licensed music.
• In limited circumstances, curriculum developers may be able to rely on the
Schools Music Licence to make recordings of school events and share the
recordings with the schools that participated in the school events. You can
contact NCU to discuss this further.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
CC licensed Music
33
There are lots of different sources of CC licensed music and sounds to use in your
resources, see below for some examples:
• SoundCloud – you can search on the SoundCloud platform for CC licensed
music tracks.
• ccMixter - a community music website featuring CC licensed remixes and
samples which are free to download.
• Jamendo - is an active community offering more than 350,000 free music tracks
that are CC licensed.
• https://filmmusic.io – all CC licensed music, can search by genre.
Where to find CC Licensed Material
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Sheet music
34
• If you want to use sheet music in your resource, you
may be able to rely on the Statutory Text and Artistic
Works Licence to copy short extracts.
• However, a better option would be to use CC licensed
sheet music, or sheet music that is in the public
domain (where copyright has expired).
• Try searching Art Song Central, which is an archive
and directory of public domain sheet music.
"Violin on sheet music"
by kiera.chan is licensed under CC
BY-ND 2.0.
National Copyright Unit
www.smartcopying.edu.au
35
The NCU Copyright Hour
22 November 2022
Flexible dealing
35
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing
36
• If curriculum developers want to use materials in ways that don’t fall under the
statutory licences or Schools Music Licence, in limited circumstances they may be
able to rely on the flexible dealing exception.
• Whether the exception applies need to be considered on a case-by-case basis, and
we recommend contacting the NCU first to discuss your particular circumstances.
Flexible Dealing
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Flexible dealing
37
Some example scenarios where the flexible dealing exception might be applicable:
• For example, you may want to copy parts of the documentary ‘The Social Dilemma’
into your teaching resources, and upload this to the department’s DTE.
• Or you may want to use short extracts from different YouTube clips to create a
news reel of current events to include in a resource.
Flexible Dealing
National Copyright Unit
www.smartcopying.edu.au
38
The NCU Copyright Hour
22 November 2022
Public websites
38
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Publishing material to a public
website
39
• Curriculum developers may choose to make teaching materials available on public
websites/media platforms which anyone, anywhere in the world can access.
• The only material you can publish to a public website is material:
o in which the copyright is owned by the department/administering body
o created by others (also known as ‘third party material’), which has been
licensed under Creative Commons
o created by others, which you have express permission to use in this way.
• Alternatively, it is okay to provide links to material created by others on public
websites.
National Copyright Unit
www.smartcopying.edu.au
40
The NCU Copyright Hour
22 November 2022
Attribution
40
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Attribution
41
• Label department/administering body materials
clearly, so that licence fees are not paid on
these resources.
• Clearly identify any third party materials in any
resource you create, and label these so it is
clear how they can be used (for example, used
with permission, copied under one of the
education licences or exceptions).
Labelling and Attributing
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Attribution
42
You should always:
1. attribute each individual resource, and, where possible, each individual page
or element of a resource (if pages of materials are downloaded out of a
larger resource, it means these resources can still be clearly identified)
2. include an appropriate copyright notice on the home page of the website or
intranet.
When you are creating new resources, you should license all
department/administering body owned material under Creative Commons and
attribute it accordingly.
Labelling and Attributing
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Examples of copyright notices
43
© NSW Department of Education, 2022
© Catholic Education Office WA, 2022
Labelling and Attributing
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Examples of copyright notices
44
Where you are using third party content within your resources, that is not owned by
you or licensed under CC:
All material on this [website or resource], except as identified below, is licensed
under the Creative Commons Attribution 4.0 International Licence. To view a copy
of this licence, visit http://creativecommons.org/licenses/by/4.0/.
Material that is not licensed under a Creative Commons licence is:
• Photographs on pages 4-6
• Poem on page 2
• Video footage
Labelling and Attributing
National Copyright Unit
www.smartcopying.edu.au
45
The NCU Copyright Hour
22 November 2022
Case study
45
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Case study
46
I am creating some resources as part an elective course on Critical Thinking. One of
the course units is ‘Blind Justice: The Jury Selection Process’.
Students will look at the application of the legal system and court proceedings
through the eyes of a jury, using a pretend legal case.
I want to create a series of activities that demonstrate the operation of the Australian
legal system.
I also want to use images throughout the resources as part of a flow chart.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Case study
47
You find the following sources online:
• an article called ‘What are the different stages of an average court case’ from
nswcourts.com.au, written by Ungar Nedim
• a step by step process called ‘About jury service’ from the NSW Communities &
Justice website
• A series of flow charts using cartoon images found on the internet of the jury
selection process.
• an article called ‘NSW Jury Duty: what to Expect if called Up’ published on Sydney
Criminal Lawyers website.
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
Case study
48
• While you can copy material from these sources in reliance on the Statutory Text and Artistic
Works licence, it is better to use these articles as inspiration to create your own activities. For
example, use the jury selection process outlined in one of the articles, but write about it in
the context of the pretend legal case the students will study as part of the course.
• It is best to search for CC licensed images/diagrams rather than copying images from the
internet.
• The materials from the Department of Communities & Justice are licensed under a CC
Licence so are free to use.
• Remember to clearly attribute all resources and how they are used (eg if you received
permission, make sure this is included in the attribution).
The NCU Copyright Hour
22 November 2022
National Copyright Unit
www.smartcopying.edu.au
More information
49
www.smartcopying.edu.au
smartcopying@det.nsw.edu.au
02 7814 3855

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Copyright for Resource Developers

  • 1. National Copyright Unit www.smartcopying.edu.au 1 The NCU Copyright Hour 22 November 2022 Copyright for Resource Developers National Copyright Unit Jessica Smith & Arabi Shivaramanan 1
  • 2. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au National Copyright Unit The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for copyright policy and administration for the Australian school and TAFE sectors. This involves: ● managing the obligations under the educational copyright licences ● providing copyright advice to schools and TAFEs ● advocating for better copyright laws on the school and TAFE sectors’ behalf ● educating the School and TAFE sectors regarding their copyright responsibilities. 2
  • 3. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Smartcopying website 3 www.smartcopying.edu.au • Practical and simple information sheets and FAQs • Interactive teaching resources on copyright • Smartcopying tips and information on Creative Commons and how to find Creative Commons licensed resources • Search the site for answers to your copyright questions
  • 4. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Slides • Slides available @ http://www.slideshare.net/nationalcopyrightunit/ • This work is licensed under a Creative Commons Attribution 4.0 International Licence (unless otherwise noted) http://creativecommons.org/licenses/by/4.0/. • Attribution: National Copyright Unit, Copyright Advisory Groups (Schools and TAFEs) 4
  • 5. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Outline 5 1. Smartcopying tips 2. Seeking permission 3. Statutory licences 4. Music 5. Flexible dealing 6. Publishing material on a public website 7. Attribution 8. Case study https://smartcopying.edu.au/creating-learning-and-teaching-resources/
  • 6. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Introduction 6 Curriculum developers make learning materials available online so teachers and students can easily access materials. Some of these materials might include things like: • A PDF download for a Year 9 Science unit on the tectonic process, with text and images from different sources and links to the US Geological Survey website. • A digital learning pack for Year 3 students with different activities such as embedded YouTube clips, a video of an author reading a story, and an audio clip of sounds from ABC Kids listen. • Learning from home activities looking at the concept of ‘perspective’ through the lens of War Poetry, exploring the poet Lord Alfred Tennyson. These include a YouTube clip of an actor reading ‘The Charge of the Light Brigade’, images of screenshots from IMDB.com and an image of The Frayer Model.
  • 7. National Copyright Unit www.smartcopying.edu.au 7 The NCU Copyright Hour 22 November 2022 Smartcopying tips 7
  • 8. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Smartcopying tips to follow when creating teaching and learning materials 8 These tips are about smarter ways to create resources while still managing your copyright obligations. The Light Bulb Fragment, Day 208 of 365 by DieselDemon is licensed under a CC BY 2.0.
  • 9. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Use your own material 9 • Using and repurposing the department or administering body’s own material is a great way to manage copyright obligations. • As long as the material doesn’t include any material created by someone who is not an employee of the department/administering body, then you can use this any way you like (eg this could be shared to a public website if needed). • Generally, curriculum developers should license the materials they create under a Creative Commons Licence.
  • 10. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Use as inspiration 10 • If you find useful material that has been created by others, you could use it as inspiration for you to create your own original content. • For example, a curriculum developer may want to develop some fact sheets on Australia’s climate change strategies. • They could look at a number of different resources and then create their own. ‘illustration of a woman seeking inspiration’ by Islahaddow is licensed under a CC BY SA 4.0
  • 11. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Link or embed 11 Providing links or embedding links to material is a great way for curriculum developers to direct teachers, students or their parents to content. By including a link, you are providing a path to the material’s location, and this is not a copyright activity. For example: • If you want to include a YouTube video, consider including a link to the video. • If you want to use an ABC Education resource, link to the relevant resource on the ABC Education website
  • 12. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Use Creative Commons licensed materials 12 If you want to use other people’s materials in your resources, we encourage the use of Creative Commons licensed material, which is free to access, modify and share. ‘Creative Commons World Network’ by Creative Commons Aotearoa New Zealand from Creative Commons Kiwi is licensed under a CC BY 3.0
  • 13. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au What is Creative Commons (CC)? 13 • Creative Commons (CC) is the most common way of releasing materials under an open licence. • CC are a set of free licences for creators to use when making their work available to the public. • All CC licences permit educational uses of a work. • Teachers and students can freely copy, share and sometimes modify and remix a CC work without having to seek the permission of the creator. What is Creative Commons? "Creative Commons" by Kalexanderson is licensed under CC BY-SA 2.0.
  • 14. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Benefits of using CC 14  Cheaper: saves money on copyright fees and administrative costs of seeking permission. Education resources can be shared freely online with very low transaction costs.  Collaborative: encourages collaboration and creates communities based on sharing of education resources. Can share resources on public websites and social media.  Adaptable: enables educators to reuse, remix and adapt resources since the copyright owner has already given permission to everyone (eg by translating or using local examples).  Accessible: over 2 billion Creative Commons licensed works. "Creative Commons - cc stickers" by Kalexanderson is licensed under CC BY 2.0.
  • 15. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Where can I find CC licensed materials? 15 There are over 2 billion CC licensed works across millions of websites and databases. Here are just some examples: • Openverse is a is an open-source search engine for open content developed as part of the WordPress project. It searches CC licensed and public domain content from dozens of different sources. • Openphoto is a moderated photo community with over 3000 CC licensed photos in different categories. • YouTube clips try searching for CC licensed videos by using the ‘Filters’ option on the results page after you do a search on YouTube. • The Queensland Curriculum & Assessment Authority (QCAA) has created an OER database, with 300 records, so far, of different openly licensed resources (eg journals, textbooks, multimedia). Where to find CC Licensed Material
  • 16. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Where can I find CC licensed materials? 16 For example, you might want to develop some resources as part of a K-7 Unit on key philosophical thinkers, and you want to use images throughout the material. See below for some CC Licensed images that are available, via Openverse: "Aristotle" by Nick in exsilio is licensed under CC BY-NC-SA 2.0. "Confucious Statue (Yushima Seido, Ochanomizu, Tokyo, Japan)" by Free For Commercial Use (FFC) is licensed under CC BY 2.0 "plato, aristoteles, socrates" by mararie is licensed under CC BY-SA 2.0.
  • 17. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Images from the internet 17 • Images copied from the internet are not free and are paid for under the Statutory Text and Artistic Works Licence. • All images from the internet will attract fees under the Statutory Text and Artistic Works Licence unless they are CC licensed, copyright has expired (see How long does copyright last?) or the website terms and conditions clearly allow for educational use. • Even if your department/administering body has a licence with companies like Getty Images or Adobe, this may not allow for subsequent copying by teachers in the classroom.
  • 18. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au CC licensed images 18 • It is best to use CC licensed images in place of images copied generally from the internet, or images used under a licence from Getty or similar platform. CC images are free to use, share and adapt in accordance with the licence conditions. • When searching for CC licensed images to use in curriculum resources, a good idea is to maintain an ‘image bank’ or folder of high quality photos, pictures and/or diagrams licensed under CC and relevant to a particular topic. This way, you and other resource developers can easily access these in the future. • You should keep attribution details of any CC licensed image you use. Where to find CC Licensed material "World" by kevin dooley is licensed under CC BY 2.0.
  • 19. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Using Google and Flickr to find CC licensed images 19 • You can also easily search for CC licensed images using Google and Flickr • Google – go directly to the advanced search page, and filter for CC only images using the ‘Usage Rights Filter’. • Or, search generally on Google Images, and then filter results to show CC only images - click on ‘Tools’, under ‘Usage Rights’ and select ‘Creative Commons licences’. • Flickr – go to the website section dedicated to CC licensed images or search generally for an image and then add the CC only filter. Where to find CC Licensed material
  • 20. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Remember to attribute 20 When using CC licensed materials in your resources, remember to attribute the copyright owner as this is a requirement of every CC licence. Best practice is to follow TASL: 1. Title 2. Author/copyright owner 3. Source 4. Licence How to attribute CC Licensed materials
  • 21. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Licensing your materials under a CC licence 21 • CC BY is the standard open licence adopted by the Australian Government and departments of education across all jurisdictions. • You should make your resources available under a Creative Commons BY Licence to ensure it is able to be used freely by teachers, parents and students, and is in line with departmental policy. • Two easy ways to do this: 1. If you are creating resources or publications, copy and paste the Creative Commons logo into your resource. 2. If you are creating materials to be shared on a website, insert the HTML code. The HTML code can be found on the Creative Commons Licence Chooser Website. Applying a Creative Commons Licence
  • 22. National Copyright Unit www.smartcopying.edu.au 22 The NCU Copyright Hour 22 November 2022 Seeking permission 22
  • 23. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Seeking permission 23 • Where you want to use third party materials, and it isn’t possible to use it in ways outlined under Smartcopying tips, you can seek permission from the copyright owner. • Seeking permission involves identifying the copyright owner, and sending them an email to request permission to use the materials for educational purposes. • You should seek and receive permission in writing, and keep a copy of the permission on file for future reference, preferably in a central register of permissions all staff can access. • You can use the permission templates on the Smartcopying website and adapt these to suit your particular circumstances. Seeking Permission
  • 24. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Benefits of seeking permission 24 1. Departments do not pay copyright fees when relying on permissions to use materials (unless the department has agreed to pay a licence fee). 2. There is a greater flexibility to the content creator as they can share materials in different ways (eg on public websites). Seeking Permission
  • 25. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au When should I seek permission? 25 • Where you are using large amounts of content from one particular resource. • Where you want to copy and share content for a long period of time (for example, using materials in a training resource that will be used in classrooms or by teachers for a number of years). Seeking Permission
  • 26. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au When should I seek permission? 26 Other circumstances where you may wish to contact the copyright owner to seek permission (or contact the National Copyright Unit for clarification) include where: 1. it is not clear from the terms and conditions of a website whether its material is actually licensed under CC 2. is not clear whether the material could be subsequently used in schools 3. you want to contact the copyright owner to request they license their materials under a CC licence. Seeking Permission
  • 27. National Copyright Unit www.smartcopying.edu.au 27 The NCU Copyright Hour 22 November 2022 Using material under the Statutory Licences 27
  • 28. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Using material under the Statutory Licences 28 If you are including third party material (which is not licensed under Creative Commons and for which you don’t have permission) in your resource, you may be able to rely on the statutory licences to upload it to a password protected intranet.
  • 29. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Text and artistic works 29 • Under the Statutory Text and Artistic Works Licence, curriculum developers can copy whole images and text works, provided the amount does not unreasonably prejudice the legitimate interests of the copyright owner. • The 10% or one chapter rule is still a useful guide in making this assessment for resources that are still commercially available. Statutory Text and Artistic Works Licence
  • 30. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Radio & TV broadcasts 30 Curriculum developers can rely on the Statutory Broadcast Licence to: • copy television and radio broadcasts from free-to-air television and radio, for educational purposes • upload the copy broadcasts to the department or administrating body’s intranet provided access is limited (eg on a department intranet via password protected access).
  • 31. National Copyright Unit www.smartcopying.edu.au 31 The NCU Copyright Hour 22 November 2022 Music 31
  • 32. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Music 32 • Generally, departments and administering bodies cannot rely on the Schools Music Licence to incorporate music into their resources (eg add music to a video). You will need to seek permission if you wish to use music in this way. • A great alternative is to use CC licensed music. • In limited circumstances, curriculum developers may be able to rely on the Schools Music Licence to make recordings of school events and share the recordings with the schools that participated in the school events. You can contact NCU to discuss this further.
  • 33. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au CC licensed Music 33 There are lots of different sources of CC licensed music and sounds to use in your resources, see below for some examples: • SoundCloud – you can search on the SoundCloud platform for CC licensed music tracks. • ccMixter - a community music website featuring CC licensed remixes and samples which are free to download. • Jamendo - is an active community offering more than 350,000 free music tracks that are CC licensed. • https://filmmusic.io – all CC licensed music, can search by genre. Where to find CC Licensed Material
  • 34. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Sheet music 34 • If you want to use sheet music in your resource, you may be able to rely on the Statutory Text and Artistic Works Licence to copy short extracts. • However, a better option would be to use CC licensed sheet music, or sheet music that is in the public domain (where copyright has expired). • Try searching Art Song Central, which is an archive and directory of public domain sheet music. "Violin on sheet music" by kiera.chan is licensed under CC BY-ND 2.0.
  • 35. National Copyright Unit www.smartcopying.edu.au 35 The NCU Copyright Hour 22 November 2022 Flexible dealing 35
  • 36. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Flexible dealing 36 • If curriculum developers want to use materials in ways that don’t fall under the statutory licences or Schools Music Licence, in limited circumstances they may be able to rely on the flexible dealing exception. • Whether the exception applies need to be considered on a case-by-case basis, and we recommend contacting the NCU first to discuss your particular circumstances. Flexible Dealing
  • 37. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Flexible dealing 37 Some example scenarios where the flexible dealing exception might be applicable: • For example, you may want to copy parts of the documentary ‘The Social Dilemma’ into your teaching resources, and upload this to the department’s DTE. • Or you may want to use short extracts from different YouTube clips to create a news reel of current events to include in a resource. Flexible Dealing
  • 38. National Copyright Unit www.smartcopying.edu.au 38 The NCU Copyright Hour 22 November 2022 Public websites 38
  • 39. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Publishing material to a public website 39 • Curriculum developers may choose to make teaching materials available on public websites/media platforms which anyone, anywhere in the world can access. • The only material you can publish to a public website is material: o in which the copyright is owned by the department/administering body o created by others (also known as ‘third party material’), which has been licensed under Creative Commons o created by others, which you have express permission to use in this way. • Alternatively, it is okay to provide links to material created by others on public websites.
  • 40. National Copyright Unit www.smartcopying.edu.au 40 The NCU Copyright Hour 22 November 2022 Attribution 40
  • 41. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Attribution 41 • Label department/administering body materials clearly, so that licence fees are not paid on these resources. • Clearly identify any third party materials in any resource you create, and label these so it is clear how they can be used (for example, used with permission, copied under one of the education licences or exceptions). Labelling and Attributing
  • 42. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Attribution 42 You should always: 1. attribute each individual resource, and, where possible, each individual page or element of a resource (if pages of materials are downloaded out of a larger resource, it means these resources can still be clearly identified) 2. include an appropriate copyright notice on the home page of the website or intranet. When you are creating new resources, you should license all department/administering body owned material under Creative Commons and attribute it accordingly. Labelling and Attributing
  • 43. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Examples of copyright notices 43 © NSW Department of Education, 2022 © Catholic Education Office WA, 2022 Labelling and Attributing
  • 44. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Examples of copyright notices 44 Where you are using third party content within your resources, that is not owned by you or licensed under CC: All material on this [website or resource], except as identified below, is licensed under the Creative Commons Attribution 4.0 International Licence. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/. Material that is not licensed under a Creative Commons licence is: • Photographs on pages 4-6 • Poem on page 2 • Video footage Labelling and Attributing
  • 45. National Copyright Unit www.smartcopying.edu.au 45 The NCU Copyright Hour 22 November 2022 Case study 45
  • 46. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Case study 46 I am creating some resources as part an elective course on Critical Thinking. One of the course units is ‘Blind Justice: The Jury Selection Process’. Students will look at the application of the legal system and court proceedings through the eyes of a jury, using a pretend legal case. I want to create a series of activities that demonstrate the operation of the Australian legal system. I also want to use images throughout the resources as part of a flow chart.
  • 47. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Case study 47 You find the following sources online: • an article called ‘What are the different stages of an average court case’ from nswcourts.com.au, written by Ungar Nedim • a step by step process called ‘About jury service’ from the NSW Communities & Justice website • A series of flow charts using cartoon images found on the internet of the jury selection process. • an article called ‘NSW Jury Duty: what to Expect if called Up’ published on Sydney Criminal Lawyers website.
  • 48. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au Case study 48 • While you can copy material from these sources in reliance on the Statutory Text and Artistic Works licence, it is better to use these articles as inspiration to create your own activities. For example, use the jury selection process outlined in one of the articles, but write about it in the context of the pretend legal case the students will study as part of the course. • It is best to search for CC licensed images/diagrams rather than copying images from the internet. • The materials from the Department of Communities & Justice are licensed under a CC Licence so are free to use. • Remember to clearly attribute all resources and how they are used (eg if you received permission, make sure this is included in the attribution).
  • 49. The NCU Copyright Hour 22 November 2022 National Copyright Unit www.smartcopying.edu.au More information 49 www.smartcopying.edu.au smartcopying@det.nsw.edu.au 02 7814 3855

Editor's Notes

  1. - Acknowledgement of Country (NSW DoE template): ‘I acknowledge that I’m meeting with you today from the lands of the Whadjuk Noongar people. I also acknowledge the Traditional Custodians of the various lands on which you all work today and pay respect to Elders past and present & emerging and extend that respect to other Aboriginal people joining us today.’ Explain to participants that we will be answering questions at the end. My name is Holly Cordell and I am a lawyer in the National Copyright Unit. I am also joined today by Alison Davis who is also a copyright lawyer and one of our National Managers. Alison will be monitoring the chat and answering questions. Feel free to pop in the chat, where you are from, and what kind of area you work in.
  2. Speaking Note: You may have heard of us before, if not we are the National Copyright Unit. We have a number of different responsibilities and areas we work in. Even though we sit under NSW, we provide these services to all jurisdictions. Copyright Advice – a large part of our day to day work is speaking to educators and content developers about copyright and answering any questions that come up. Law Reform – recently we have been advocating for the copyright access reforms, to make it clearer as to how teachers can use materials when teaching remotely and in the digital space. Education Arm – C4E, webinars, Copyright Hour. And we also can provide webinars on an ad hoc basis when we are asked. We are a national team, with members in NSW, QLD and WA. Not the copyright police. Generally you are all doing the right thing. We are here to provide guidance and tips. Because copyright is important for the owners of copyright and the people that use it. We are here to make your lives easier.
  3. Speaking Note: Our website is your first point of call for copyright questions. Really practical, lots of info sheets and FAQs and guides We are really interested in how this website is presented and comes across. Would love any feedback, if you find anything confusing or if there's something you’d like more of. Drop us an email.
  4. Happy for you to use and share these slides. Just attribute Available on slideshare.
  5. Speaking note: This presentation is aimed at Department/administering body staff who create learning resources for their schools. This is the outline for today, we are go through some Smartcopying tips when creating your resources. We will touch on the ways and circumstances to seek permission to use resources, and when you might do so. Briefly touch on the Statutory Licences Talk a little bit about Music Copyright exceptions (flexible dealing) Where you want to publish materials on a public website And finish off with Attribution and a bit of a case study.
  6. Speaking Note: These are just a few examples we’ve created and pulled from different places. We know that curriculum developers are using materials and creating content in lots of different ways. If these don’t resonate with you, totally fine. Lots of different ways you are using materials. Lots of different materials and imaginative ways that schools are being provided with learning content. It is great to see.
  7. These tips are all about smarter ways to create resources while managing copyright obligations. These are our best practice tips.
  8. Speaking Note: The easiest way to manage copyright in this space, is to use your own materials (ie using dept or admin owned materials). Provided that material doesn’t include other people’s materials, you can use and share this in any way you like. Share publicly, repurpose it in your own resource. We will discuss how to license your materials under a CC Licence, later in the presentation.
  9. Speaking Note: Use materials you have found as inspiration to create your own original content. Take bits and pieces from different resources. Combine this into your own material. Your own sheet with information drawn from lots of different sources.
  10. Speaking Note: We love linking for its ability to manage copyright costs. Linking to materials – just providing a pathway. Not copying.
  11. Speaking Note: You can see we’ve used CC images throughout this presentation. Free to use, modify and share. You may be quite familiar with CC, but if not, we will provide a little introduction. We have lots of material on our Smartcopying website too.
  12. Speaking Note: The most common way of releasing materials under an Open Licence.
  13. Speaking Note: These are just some of the many benefits of Creative Commons materials.
  14. Speaking Note: OpenVerse was previously CC Search The QCAA has a great OER database with over 300 records, I’ve had a look at this and found some great resources. You can find more examples on our Smartcopying website.
  15. Speaking Note: As an example, I pretended I was looking for some images on key philosophical thinkers as part of a particular Unit I was creating. I found the images there using OpenVerse. And you can see that OpenVerse includes the attribution at the bottom that you can just copy and paste that into your resources or documents.
  16. Speaking Note: Just a note about copying images from the internet (so maybe you do a general google search). These might appear to be free but they aren’t and are still paid for. The schools sector currently pays nearly $58 million each year for this licence. Of this $58 million, it’s estimated that over $6 million is from the use of images from the internet. Point 3: Sometimes you might have a specific licence with a company like Getty images. This might allow you to copy images initially, but may not extend to copying by teacher in the classroom.
  17. Speaking Note: Best to use CC Images Good idea to keep an image bank that you can draw upon at a later stage of high quality images.
  18. Speaking Note: Use Google and Flickr to find CC licensed images Advanced search Or search on google images and then filter. For this presentation I was searching generally in Google and then applying the Usage Rights Filter.
  19. Speaking Note: All CC Licensed materials require you to attribute the copyright owner. A good way to remember what to include is TASL. Remember to check whether the creator has requested a specific attribution.
  20. Speaking Note: It is the policy of the government and departments of ed to licence their materials under a CC BY licence. This is so these resources are freely available to other teachers, students and parents. More comprehensive process for this: For a step by step process on how to license your materials under a CC Licence, and example copyright notices to include on your resource or website, see our information sheet Applying a Creative Commons Licence on Smartcopying.
  21. Speaking Note: Now we will look at what circumstances you may wish to seek permission.
  22. Speaking Note: Seeking permission might be appropriate where you want to use materials in a way and it isn’t possible to use these materials in ways outlined under our Smartcopying tips. Many departments/administering bodies may already have permission to use other people’s materials in their resources. It is worth checking with your department/administering body first to see if there is a list of these materials that may be available to you.
  23. Speaking Note: While you can generally rely on the Statutory Text And Artistic Works Licence to copy text and artistic works into learning resources, in some circumstances it is better to seek permission from the copyright owner. It is better in these circumstances in terms of managing copyright costs and reducing the risk of infringement.  
  24. Speaking Note: Website Terms and Conditions: Sometimes material can appear to be licensed under CC, but the terms and conditions are inconsistent. Contact NCU and we can clarify. Getty images or similar - If you are going to use images under a licence from Getty, Adobe or similar, you should ensure you obtain permission for there to be subsequent reproduction of these images by schools. Requesting content to be licensed under a CC Licence. - Departments/administering bodies can request that a copyright owner consider licensing their materials under a Creative Commons Licence. This way, those materials can be used by the curriculum developer(s) and shared freely.
  25. Speaking Notes: Ideally rely on the Smartcopying Tips You can use materials under the Statutory Text and Artistic Works Licences. Password protected.
  26. Speaking Note: Depending on the type of text and artistic works you wish to use, sometimes it will be preferable to seek permission to use materials rather than rely on the licence. It is important to attribute any third party materials you use, we will be speaking about this later in the presentation.
  27. Speaking Note Curriculum developers can copy television and radio broadcasts in any format (eg DVD or MP4) or, if their department or administering body has a subscription to an external resource centre (eg ClickView), they can rely on this resource centre to make and supply the copy. Try in the first instance to follow the Smartcopying tips.
  28. Speaking Note: Music can be quite a tricky area. You may have learnt about the schools music licence Depts and admin bodies generally can’t use music in reliance on that licence to incorporate into their resources. Better to use CC - CC licensed material can be copied and shared for educational purposes, because the copyright owner has already given permission to use their musical works and sound recordings. Last point there is a little outside what you might be wanting to do – but if this is the case contact NCU. Curriculum developers could also consider commissioning a composer to compose music for them to use in their resources. The department or educational body could then own that piece of music and use it in future learning materials.
  29. Curriculum developers could also consider commissioning a composer to compose music for them to use in their resources. The department or educational body could then own that piece of music and use it in future learning materials.
  30. Speaking Note: They may be able to rely on a copyright exception. Contact us first to discuss. Whether it applies will be considered on a case by case basis.
  31. Speaking Note: If you are relying on the flexible dealing exception, these materials can only be made available for a short period of time (eg for the unit of study, rather than indefinitely) and must be password protected. Whether the exception applies will be a case-by-case process. Contact NCU first. Where possible, it is better to link to materials on YouTube.
  32. Speaking Note: Your own material Created by others and licensed under CC Created by others with permission to use this publicly. If you are only using an insubstantial amount of material this may also be permissible, but you should contact NCU to discuss first.
  33. Speaking Notes: Attribution is one of the most important parts of managing your copyright obligations. It ensures that it is clear how materials are being used, and who they are owned by. It also ensures that when resource developers are using their own materials (ie owned by the department/administering body), these are not inadvertently captured in copyright surveys and paid for under the Statutory Licence.
  34. Speaking Note: These are example copyright notices you could include in a footer at the bottom of resources created by you or your administering body. Material that has been created by you, your school or an educational body should be clearly labelled in order to avoid the possibility of the sector having to pay under the statutory licences to use the content. We also have examples of Copyright Statements which can be included on your resources on the Smartcopying website.
  35. Speaking Note: This is an example notice for when you are using third party content within your resources. You must ensure that any third party content that is not owned by the Dept/peak body is identified as such. In this example, we’ve listed all the third party materials under the Copyright notice at the beginning of the resource, but you could also label any third party content where its spears in the resource (eg directly underneath).
  36. Speaking Note: This is a good example of where a resource developer can create their own materials inspired by information from other sources, use CC licensed images and/or seek permission.
  37. Speaking Note: If you do find materials that you think might be more appropriate to be licensed under a CC Licence (for example, on a government website), contact NCU and we can assist with contacting the copyright owner to request this.