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Copyright in a Digital World - SIT Designing for Flexibility Program


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Copyright in a Digital World
Designing for Flexibility Program
Sydney Institute of TAFE

Carl Ruppin
27 June 2012

Presents an overview of copyright licences and free exceptions under which TAFE educators can use copyright materials in education.

Also presents an overview of open education resources (OER) and Creative Commons licences (CC), discussing how they can be used in the Australian education sector.

Published in: Technology, Education
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Copyright in a Digital World - SIT Designing for Flexibility Program

  1. 1. Copyright in a Digital World Designing for Flexibility Program Sydney Institute of TAFE 27 June 2012 Carl Ruppin National Copyright Manager
  2. 2. Smartcopying Website• National Copyright Guidelines for Schools and TAFEs• Practical and simple information sheets and FAQs• Interactive teaching resources on copyright• Search the site for answers to your copyright questions 2
  3. 3. Slides available @ This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)
  4. 4. Outline• What copyright covers• What you can do with © material• OER – way of the future? 4
  5. 5. Copyright pr otects… ‘Works’ Artistic Literary Musical Dramatic• paintings • novels • melodies • plays• illustrations • textbooks • sheet music • screenplays• sculptures • newspaper and • pop songs • mime• graphics magazine articles • advertising jingles • choreography• cartoons • short stories • film score• photographs • journals• drawings • poems• maps • song lyrics• diagrams • timetables• buildings • technical manuals• models of • instruction buildings manuals• moulds and casts • computer software for sculptures 5
  6. 6. Copyright pr otects… ‘Other Subject Matter’ Sound Published Films Broadcasts Recordings Editions• cinematographic • vinyl music or • radio and TV • typesetting films voice broadcasts (the layout and• DVDs • CD • podcasts and look of a webcasts of the publication)• television • DVD advertisements above • audio cassette• music videos tapes• interactive games • digital recordings• interactive films (eg MP3 or AAC files) • podcasts 6
  7. 7. Copying scanning downloading printing Upload to cloudSaving to usb/hardrive PhotocoPying Saving to mobile phone / smartphone / iPod / iPad 7
  8. 8. Communicationmake available to students online(intranet, LMS, wiki, etc) Email to studEnts 8
  9. 9. Perfor mance playing films and sound recordings singing songs Playing instrumEnts acting out a play reciting a poem 9
  10. 10. W hat can teacher s copy andcommunicate?Whatever the licence says you can. 10
  11. 11. W hat can teacher s copy and communicate?Otherwise…. You 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. 11
  12. 12. Statutorylicences 12
  13. 13. Par t VB: Statutor y Text andAr tistic Wor ks LicenceUnder this licence, a teacher can copy andcommunicate (email, place online) literary,dramatic, artistic and musical works…subject 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. Two schemesThe Statutory Text and Artistic Works Licence has two schemes:l Hard Copying: photocopying hard copy print and artistic materiall Electronic Use Scheme (EUS): copying and communicating 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. 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: 16
  17. 17. Part VB: Website Terms andConditions Terms and Conditions Not Free FreePersonal UsePersonal, non commercialPersonal and non commercialNon-commercial usePersonal or non commercialUse in your organisationFree copyingFree for education© name and/or year and no terms of useNo copyright © name and/ or year or no termsand conditionsCopying not permittedAll Rights Reserved 17
  18. 18. 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: 18
  19. 19. 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. 19
  20. 20. 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: 20
  21. 21. 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 21
  22. 22. Pt VB: Notice Requirements Mandatory notice must be attached to all copies made available online Notice is available on the Smartcopying website at: 22
  23. 23. Pt VB: Notice Requirements 23
  24. 24. 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”: 24
  25. 25. Pt VA: Copy limits• No limit on how much you can copy.• Format shifting is permitted 25
  26. 26. Pt VA: Notice Requirements• If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)…. you must attach the prescribed notice. A copy of this notice is available at: 26
  27. 27. NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ). The material in this communication may be subject to copyright under the Act.Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 27
  28. 28. Part VA: ClickView & Video Commander Using ClickView, Video Commander or others repositories to copy and communicate broadcasts? Permitted because of the Pt VA the Statutory Broadcast Licence. Note… as they make copying so easy, costs under the Licence are likely to increase. Schools can help manage copyright costs by: • Only copying what they need for educational purposes • Archiving copies regularly – broadcasts available to students and teachers online for longer than 12 months are paid for again. • Attach the mandatory notice. 28
  29. 29. Cost Burden of Statutory Licences TAFE institutes have statutory obligations to pay copyright licence fees for their use of other people’s copyright material, unless free for educational use. The TAFE sector nationally (excl Vic) paid over $6 million in copyright licence fees in 2011. 29
  30. 30. Freeexceptions 30
  31. 31. 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?” : 31
  32. 32. 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?”: 32
  33. 33. 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?
  34. 34. S 200AB: Flexible Dealing - Examplesl 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.l 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?” 34
  35. 35. S 200AB and Commercial DVDsCannot copy from commercial DVDs. • Commercial DVDs are protected by ATPMs - access control technological protection measures. • ATPMs – any technology that prevents a user from easily accessing and copying the content on a DVD. • It is illegal to circumvent an ATPM (eg CSS) • Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal.See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’:
  36. 36. 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?” 36
  37. 37. 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.Type of Material Images or print works Off air television and radio broadcasts Podcasts of free-to-air broadcasts (available on the broadcaster’s website) YouTube videos DVDs and videos Note: Most commercial DVDs are protected by ATPMs and cannot be copied because it illegal to circumvent an ATPM. Cassette tapes and CDs 37
  38. 38. 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’. 38
  39. 39. YouTubeCan I copy YouTube videos for use in class or as part of a resource?• There is no clear answer.• You may be able copy a YouTube video and use it for educational instruction under s 200 AB… .. BUT the terms and conditions of YouTube may not strictly allow this.• It is arguable that the terms and conditions do not form a contract and therefore are not enforceable because sufficient notice is not provided.• YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others. Teachers Tube is a great alternative: For further information: “YouTube: Use by Teachers” : “Teachers Tube: Use by Teachers”: 39
  40. 40. YouTube: Linking andStreaming Practical alternatives to copying videos off YouTube include: • Directly streaming YouTube videos in class (permitted under s 28) – from YouTube website or via a link embedded on another website. • Linking or embedding the YouTube video. Not a copyright activity - you are not copying the content. See information sheets: “YouTube: Use by Teachers” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?” 40
  41. 41. iTunes – music & video When buying content from the iTunes store, you must agree to the store’s Terms of Use. Terms state that iTunes products can only be used for: ‘personal, non commercial use’. This expression may not include ‘educational use’. See information sheet ‘Using iTunes’ at: 41
  42. 42. iTunes – music & video Legally unclear whether iTunes contract prohibits the educational use of content purchased from iTunes. Some risk that the school might be said to be in breach of contract if its plays or copies content purchased from iTunes. However, sections 200AB and 28 allow teachers to use sound recordings and video for educational purposes without having to seek the permission of the copyright owner. See information sheet, ‘Using iTunes’ at: 42
  43. 43. 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. 43
  44. 44. Smartcopying tips…Label – always attribute the source.• All material created and used for educational purposes should be properly attributed.• Applies to both photocopied and digital material• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when. See labelling information sheet at: 44
  45. 45. 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: 45
  46. 46. 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. 46
  47. 47. 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. 47
  48. 48. Smartcopying tips…Limit – ensure access to material islimited to relevant students onlyAccess to s200AB copies must be limited to thosestudents who need to use the material for educationalinstruction, ie one class as opposed to an entire school. 48
  49. 49. 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. 49
  50. 50. Smartcopying tips…Clear out unwanted content regularlyTwo options: Archive – for material that is not currently being used but is likely to be used in the future. Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place. 50
  51. 51. Smartcopying tips…Clear out unwanted content regularlyTwo options: Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository. 51
  52. 52. 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. 52
  53. 53. Smartcopying: Link Label Limit Licences Flush stale content Consider OER 53
  54. 54. OpenEducationalResources
  55. 55. 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 2011
  56. 56. OER include resources of all sorts: worksheets, curriculum materials, lectures,homework assignments, quizzes, class activities, pedagogical materials, games and more... See: 56
  57. 57. OER in a nutshellOER is about creating repositories of material which are free to: Access Use Modify Share 57
  58. 58. OER in a nutshellYou can do more with OER as compared with traditional copyright material 58
  59. 59. Glo balsn aps hot
  60. 60. UNESCO:
  61. 61.
  62. 62. ConnexionsMERLOTCK-12OER AfricaOER BrazilOER FoundationOLnetWikipediaMozillaPIRGSOLIUniversities & Community Colleges… and MANY others CC BY – C Green 2011
  63. 63. Higher Ed CC BY – C Green 2011
  64. 64. Higher Ed
  65. 65. Government
  66. 66. Search and Discovery CC BY – C Green 2011
  67. 67. OE R inA ustr alia
  68. 68. No OER policy (Commonwealth / State / Territory)
  69. 69. Free forEducation (mostly ad hoc)
  70. 70. © 2011 Education Services Australia Limited
  71. 71. Free for Education (FFE)• ‘Free for education’ (FFE) material is similar to OER• But FFE material may not permit a teacher to communicate, modify or share the material. This will depend on the particular terms and conditions of use. The Smartcopying website lists good some FFE resources: 71
  72. 72. Some OERdevelopments
  73. 73. How it w orks
  74. 74.
  75. 75. A simple, standardizedway to grant copyright permissions to your creative work. CC BY – C Green 2011
  76. 76. Step 1: Choose ConditionsAttribution Share AlikeNon-Commercial No Derivative Works CC BY – C Green 2011
  77. 77. Step 2: Receive a License CC BY – C Green 2011
  78. 78. most freeleast free CC BY – Adapted from Green 2011
  79. 79. Over 500 million items CC BY – C Green 2011
  80. 80. CC BY – C Green 2011
  81. 81. 175+ Million CC Licensed Photos on Flickr 83
  82. 82. What is CC? • CC creates a “some rights reserved” model. • The copyright owner retains copyright ownership in their work while inviting certain uses of their work by the public. • CC licences create choice and options for the copyright owner. 84
  83. 83. Attributing CC material• CC requires that you label materials with:– author/copyright owner,– title and source,– type of CC licence that applies– a link to the licence terms.• It is important to always check whether the creator has specified a particular attribution.• Open Attribute ( is a tool recently developed by Mozilla Drumbeat to assist users of CC material properly attribute the CC material. For further information on attributing CC material, see: 85
  84. 84. Example: Image licensed under CC Attribution licence Eid Mubarak by Hamed Saber available at 86
  85. 85. W her e to sta rt...
  86. 86. CC sites• Encyclopedia – Wikipedia• Photos - Flickr• Videos -• Music - Magnatune• Sounds - Opsound• Articles - Directory of Open Access Journals• Remix community – ccMixter• Everything else - Internet Archive 88
  87. 87. Open Education Resources Some good OER sites include: • Curriki: • OER Commons: • Encyclopaedia of Life: • Comprehensive Knowledge Archive Network: • Connexions: • Teaching Ideas: The Smartcopying website lists Open Education Resources: 89
  88. 88. Free for Education Initiatives • A number of organisations have agreed to make their online material free for education: – Enhance TV Website – Museum Victoria – Cancer Council – World Vision • Material available on these websites can be copied for ‘educational purposes’. The Smartcopying website lists FFE websites: 90
  89. 89. References• This presentation –• Smartcopying website -• CC BY – C Green 2011 – The obviousness of open-policy, © 2011 Cable Green - used under a Creative Commons Attribution licence:• Flickr images -• CC in Australia -• CC in Australian government -
  90. 90. For More Information Carl Ruppin National Copyright Manager (02) 9561 1267 Delia Browne National Copyright Director (02) 9561 8876 93
  91. 91. “Nearly one-third of the world’spopulation (29.3%) is under 15.Today there are 158 millionpeople enrolled in tertiaryeducation1. Projections suggestthat that participation will peakat 263 million2 in 2025.Accommodating the additional105 million students wouldrequire more than four majoruniversities (30,000 students)to open every week for thenext fifteen years.1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures2 British Council and IDP Australia projections CC BY – C Green 2007