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

11 May 2012AIS NSW

Copyright in the Digital World

Carl Ruppin

National Copyright ManagerNational Copyright Unit

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/

http://www.slideshare.net/nationalcopyrightunit/

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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

www.smartcopying.edu.au

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Outline

• What copyright covers

• What teachers/schools can do with © material

• OER – way of the future?

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Copyright protects…

Artistic Literary Musical Dramatic

• paintings

• illustrations

• sculptures

• graphics

• cartoons

• photographs

• drawings

• maps

• diagrams

• buildings

• models of buildings

• moulds and casts for sculptures

• novels

• textbooks

• newspaper and magazine articles

• short stories

• journals

• poems

• song lyrics

• timetables

• technical manuals

• instruction manuals

• computer software

• melodies

• sheet music

• pop songs

• advertising jingles

• film score

• plays

• screenplays

• mime

• choreography

‘Works’

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Copyright protects…

Films Sound

RecordingsBroadcasts

Published Editions

• cinematographic films

• DVDs

• television advertisements

• music videos

• interactive games

• interactive films

• vinyl music or voice

• CD

• DVD

• audio cassette tapes

• digital recordings (eg MP3 or AAC files)

• podcasts

• radio and TV broadcasts

• podcasts and webcasts of the above

• typesetting(the layout and look of a publication)

‘Other Subject Matter’

Copying scanning downloading

printing Saving to usb/hardrive

Photocopying

Saving to mobile phone / smartphone / iPod / iPad

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Upload to cloud

Communication

make available to students online

(intranet, LMS, wiki, etc)

Email to students

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Performance

playing films and sound recordings

singing songs

playing instruments

acting out a play

reciting a poem

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What can teachers copy and communicate?

Whatever the licence says you can.

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What can teachers copy and communicate?

Teachers/schools have rights to copy under:

A. Statutory Licences

B. Free Use Exceptions

Both allow teachers to re-use copyrightmaterials, without the permission of thecopyright owner.

Otherwise….

Many Technologies

• Photocopiers / MFDs

• Learning/content management systems

• Interactive whiteboards

• Wikis and blogs

• UGC – YouTube, Facebook

• Mobile devices – tablets, audio players, phones12

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Part VB: Statutory Text and Artistic Works Licence

Under this licence, a teacher can copy and communicate (email, place online) literary, dramatic, artistic and musical works…subject to copying limits.

books, newspapers, journal articles, paintings, diagrams, photographs, animations, song lyrics, plays, poems, maps, etc, in both hardcopy and

electronic form, including free and publicly available internet sites.

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Pt VB: Two schemes

Statutory Text and Artistic Works Licence:

1.Hard Copying: photocopying hard copy print and artistic material

2.Electronic Use Scheme (EUS): copying and communicating electronic print and artistic material

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Pt VB: Common Activities

Common activities covered by the EUS include:

1. Scanning a hard copy book

2. Printing, saving and downloading material from the Internet (eg online articles and images) and electronic resources such as CD Roms and e-books

3. Uploading material onto a content/learning management system (LMS), class wiki or blog, or interactive whiteboard

4. Copying material onto portable devices including iPods, iPads, MP3 players, mobile phones and a USB

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Pt VB: Copying Limits

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 (more than one article if on the same subject matter)

• One literary or dramatic work in an anthology (15p max) (eg one short story)

For more information, see “Education Licence B” in the“National Copyright Guidelines” at:

http://www.smartcopying.edu.au/scw/go/pid/700

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Can 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.

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Statutory 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:


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

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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

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Pt VB: Notice Requirements

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Part VA Statutory Broadcast Licence

Covers the copying and communication of:

• Off-air television and radio broadcasts

• Online TV/radio which originated asfree-to-air broadcasts and is sourced from the broadcaster’s website

Doesn’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”:


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Pt VA: Copy limits

• No limit on how much you can copy.

• Format shifting is permitted.

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Pt VA: Notice Requirements

• If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)….

you must attach the prescribed notice.

A copy of this notice is available at:www.smartcopying.edu.au/scw/go/pid/704

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.

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Cost Burden of Statutory Licences

Schools are required by statute to pay licence 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.

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Free exceptions

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s 28 - performing or communicating 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?” :



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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?”:



1. 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?

s 200AB: Flexible Dealing

S 200AB and Commercial DVDs

Cannot 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


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Snapshot Summary

Part VB Copying limits: 10%

or 1 chapter of book, 10% of words on a website or CDRom.

Attach notice when communicate.

Part VANo copying limits.Can format shift.Attach notice when

communicate.

s.200ABLimited format shifting

rights.You cannot buy it.Only copy what you

need.

Images or print works

Off air television and radio broadcastsPodcasts 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

Copied and Communicated Under

Smartcopying tips…

Link – link or embed material whenever possible. Don't 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.

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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

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Label – always attribute the source.

• Attributing is important to ensure that we don't 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

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Limit – ensure access to material is limited to relevant students only

Once material is communicated to an entire institute/campus or jurisdiction, the risk of copyright infringement increases dramatically.

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Limit – ensure access to material is limited to relevant students only

Limiting access is an important cost management practice.

Collecting societies believe that the value of content increases with the number of people who can access it.

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Clear out unwanted content regularlyMaterial copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'.

Flushing material that is no longer required is one practical way of managing the copyright costs.

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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.

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Open

Educational

Resources

OER are teaching, learning, and research 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

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

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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

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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

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Website Terms and Conditions

Terms and Conditions Not Free Free

Personal UsePersonal, non commercialPersonal and non commercialNon-commercial usePersonal or non commercial

Use in your organisation

Free copying

Free for education

© name and/or year and no terms of use

No copyright © name and/ or year or no terms and conditions

Copying not permitted

All Rights Reserved

Other Free for Education Initiatives

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:


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http://www.nma.gov.au/

http://www.enhancetv.com.au/

http://museumvictoria.com.au/

http://www.cancer.org.au/Home.htm

http://www.worldvision.com.au/

Open Education Resources

Some 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

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CC Learn: A way to find OER

CC learn is a division of Creative Commons dedicated to providing an up to date list of OER resources.

http://learn.creativecommons.org

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How it works

http://www.flickr.com/photos/kalexanderson/6051120264/

A simple, standardizedway to grant copyright

permissions to your creative work.


Attribution

Non-Commercial No Derivative Works

Share Alike

Step 1: Choose Conditions


Step 2: Receive a License


most free

least freeCC BY – Adapted from Green 2007

Australian Cultural Institutes and CC

Many 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 Poolhttp://www.pool.org.au

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CC and the Australian Bureau of Statistics

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”

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Flickr and International Institutes

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

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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:


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Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685

Example attribution

- Link

- Label

- Limit

- Licences

- Flush stale content

- Consider OER

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Remember

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For More Information

Carl Ruppin

[email protected] (02) 9561 1267

Delia [email protected]

(02) 9561 8876

www.smartcopying.edu.au