121206- IDEA 12 Conference (Melbourne)- Delia Browne

06 December 2012Idea 12 Beyond Connectivity: Making it happen for learners

Delia BrowneNational Copyright Director

National Copyright Unit

www.smartcopying.edu.au

Copyright Law Reform-

Open Education Resources

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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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Slides available at:

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/

Do you remember the world without the internet and all the innovations affecting the internet?

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The internet has revolutionised modern education

Australia’s copyright laws have not kept up with the pace of change in Australian schools.

Since the introduction of our copyright laws, technology has drastically changed. Educational copyright provisions written in the age of the photocopier don’t work in the age of the iPad.

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Our out-dated copyright laws are:

Complex

Inflexible

Costing Australian schools millions of dollars every year

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Our copyright laws are too complex Our current educational copyright system is a complex web of statutory

licences, overly specific exceptions, and voluntary licencing schemes. Attempting to figure out:

• Is this educational resource a literary work/dramatic work/etc?

• What licence does this activity fit under? Or how and what copyright exception applies?

• Is what I’m doing ‘for the purposes of a course of education’ or ‘in the course of giving educational instruction’ or ‘solely for the educational purposes’----what are the differences in these?!

• Am I restricting this awards night to the ‘school community’ only?

• Is the school intranet locked and only accessible to students and faculty with a log-in?

• Does any other class have the same material that I need to use up on the LMS already?

• How much can I copy?

• How must I label this material?

Is too much for teachers

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Our copyright laws are too complex

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Part VB Copying limits:

10% or 1 chapter

Attach notice if communicating.

Part VANo copying

limits.Can format

shift.Attach notice if

communicating.

s.200ABLimited format

shifting rights.You cannot buy

it.Only copy what

you need.

Schools’ music

licences

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

Our copyright laws are inflexible

Our current educational exceptions are technologically specific and frequently refer to out-dated technologies which do not reflect the realities of educational practices today

These issues make current educational exceptions:

• Inflexible;

• unable to adapt to the realities of educational practices in a digital age;

• and in many instances of very little use to educators.

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Our copyright laws are inflexible Our current copyright system discourages educators

from taking full advantage of emerging technologies, which

• diminishes the potential impact of the new DER and NBN

• disadvantages our students Amending the Copyright Act every few years to

recognise new teaching practices and technologies is not the answer. The answer is a more flexible exception

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Our copyright laws are costing Australian schools millions of dollars every year

The statutory licensing scheme is very expensive. It assumes all materials are remunerable unless specifically excluded.

Unlike most countries, there is no free copying of a reasonable amount in Australia

Courses and materials that are free for all other countries in the world are paid for in Australia when schools use or communicate the material

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MIT Stanford

“Free” courses are not free in Australia due to our copyright laws

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Australian schools pay millions of dollars just to use the internet

In no other country do schools pay for activities that we pay for

Last year Australian schools paid over $80 million in licensing fees to collecting societies

This is all due to our current statutory licensing scheme which assumes all educational material is remunerable.

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Australian schools pay approximately 14 times more per student for educational use of copyright works than

schools in New Zealand

Australian schools pay significantly more copyright fees than in equivalent countries

Red = Remunerable

Orange = Possible fair dealing/fair use

Green = Probably fair dealing/fair use

Common school activities

Australia Canada USA

Australian schools pay millions to use educational materials they purchased

Our current copyright system is broken

Our out-dated copyright laws are complex, inflexible and costing Australian schools millions of dollars every year

Governments, parents and students expect Australian schools to use new technologies. But our copyright laws penalise schools if they do

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How to fix our broken system- 2 things must be done

1. Copyright Law Reform

AND

2. Open Education Resources

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Copyright Law Reform- ALRC

The Australian Law Reform Commission (ALRC) is currently undertaking a significant and extremely extensive review of copyright law---the biggest in 25 years

The ALRC inquiry: http://www.alrc.gov.au/inquiries/copyright-and-digital-economy

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Copyright Law Reform- ALRC

Australian Schools and TAFEs have made the following recommendations:• Australia’s educational exceptions and statutory

licences are completely broken and must be repealed.

• The Copyright Act must be amended to replace the existing educational exceptions and statutory licences with either:• A general open-ended provision based on a fairness analysis

that could apply to all users of copyright materials

• A new fair dealing exception for education.

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Copyright Law Reform- ALRC Introducing a flexible exception does not mean that all educational

uses of copyright materials would be free.

Replacing the statutory licences and moving to a system of a flexible fair dealing/fair use provision supported by direct and/or collective voluntary licensing is the most appropriate way to ensure:

• the appropriate remuneration for Australian creators,

• the continued creation of educational content, and

• the public interest uses of copyright materials are adequately recognised.

We are not asking for a free ride – simply a fair ride

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Repealing the statutory licences and introducing a flexible copyright exception similar to the US’ fair use provision would:

Fix issues arising from:

• technologically-specific statutory licences

• exceptions that can operate as a disincentive or penalty to the use of best practice teaching methods enabled by new technologies

Future-proof the Copyright Act for the digital economy to ensure Australian teachers can deliver the full educational benefits made possible by the digital economy

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Repealing the statutory licences and introducing a flexible copyright exception similar to the US’ fair use provision would:

Recognise and reinforce the public interest in appropriate free educational uses of copyright materials

Make Australia’s ‘copyright balance’ in relation to educational uses consistent with emerging international philosophies about the benefits of flexible exceptions to a digital economy

Ensure that Australian schools are no longer disadvantaged when using new technologies in teaching, and no longer pay for uses of copyright materials that comparable countries treat as free.

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2. Open Education 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.

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OER Fundamental Values

Resources are free for any individual to use

Are licensed for unrestricted distribution

Possibility of adaptation, translation, re-mix, and improvement.

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Creating repositories of material which are free to:

AccessUse

ModifyShare

OER are all about

You can do much more with OER as compared with 'traditional' copyright material

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OERHow it all works:

Open licences are a key aspect of OER: Creative Commons

Creative Commons Information Pack for Teachers and Students - http://www.smartcopying.edu.au/scw/go/pid/953

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Creative Commons Licenses

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CC BY – C Green 2011

OER: A Decade of Development

28CC BY – C Green 2011

OER in Australia

No OER policy

But OER initiatives are emerging organically

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OER in Australia: NDLRN

More than 12,000 digital curriculum resources that are free for use in all Australian schools

Aligned to state and territory curriculums and are progressively being aligned to the Australian Curriculum as it develops

Made available to teachers through state and territory portals or Scootle.

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OER in Australia: NDLRN

Issue: Currently materials are provided free for educational purposes, but are restricted to centralised, password-protected, ‘web portals’ maintained by the jurisdictions, and development and re-use of the materials is limited

Adopting a CC licence for these materials will permit greater access and use of the resources which will encourage innovation

Currently there are 1343 candidate learning resources being transitioned to CC licences • Work in progress, with a goal of finalising the transition in March 2013.

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NSW Dept of Education OER

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OER in Australia

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OER in Australia

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UNESCO 2012 Paris OER Declaration

On June 22, 2012 the World OER Congress released the 2012 Paris OER Declaration

The Declaration calls on governments to openly licence publicly funded educational materials

Australia is a signatory Signatories will foster research on the development, use and reuse of

OER and their impact on the quality and cost-efficiency of teaching and learning.

The Congress featured presentations from key supporters of OERs worldwide. • The President of the Harvard-MIT online learning system edX, announced his organization’s

goal of teaching one billion students through free and openly licensed versions of Harvard and MIT classes.

• President and CEO of the Commonwealth of Learning based in Vancouver (Canada) said, “OERs are an important milestone in democratizing education”.

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Global OER

• UNESCO• OECD• Connexions• MERLOT• CK-12• OER Africa• OER Brazil• OER Foundation• Olnet Wikipedia • Mozillla• PIRGS• OLI• Universities and Community Colleges• And many more

The Open Community is large, passionate and strong

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Open-Source Textbook Initiatives

California: will determine the 50 most widely-taken lower-division courses in the California higher-education system and create textbooks for these courses that will be free in digital form and in print for $20 or less.

British Columbia: will create 40 new online, open textbooks for 40 popular post-secondary courses. The open texts will be free to access and will be able to be modified.

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MOOCs

Copyright 4 Educators (Aus)---March 2013

Creative Commons 4 Educators---March 2013

School of Open• The School of Open will offer courses on the meaning and application of ‘open’ on the web and

in offline environments. Artists, educators, learners, scientists, archivists, and other creators already improve their fields via the use of open tools and materials. So can you.

• Examples of the many courses being offered:• Teach someone something with open content

• Get CC savvy

• Open Access Wikipedia Challenge

School of Education• It's about hands-on learning driven by each educator's particular needs and classroom

situations. It's about connecting, collaborating, and creating, not just reading or studying. All courses in this school are free, open-licensed (CC BY), and online. You can use the content in them for any purpose you like as long as you cite the source.

• Examples of the many courses being offered:• K12 Online 2012

• Text-dependent Research- History/Social Studies- Level 1

• Citing Evidence in Conversations - ELA- Level 1

• Independent Reading – Science- Level 1

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UNESCO and OER Foundation free online workshop

Free online workshop designed for educators and students who want to learn more about OER, copyright and creative commons licenses will take place from 3 to 14 December 2012.

Two workshops organized in early 2012 saw 1,583 registrations from more than 90 countries.

The upcoming workshop aims to contribute to the implementation of the 2012 Paris OER Declaration, and specifically article (e), which calls for “capacity building for sustainable development of quality learning materials”.

Workshop schedule: http://wikieducator.org/Open_content_licensing_for_educators/Workshop_schedule

Registration details: http://wikieducator.org/Open_content_licensing_for_educators/About

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OER: The Way of the Future

“In an era of limited resources, educators must figure out how to do more with fewer financial resources. One action that would improve

school efficiency and financing is to have educational resources developed with taxpayer dollars be licensed under a creative

commons license that would improve accessibility to instructional materials. Budget circumstances require schools to get more efficient, boost productivity, and make do with fewer financial

resources. While this poses obvious problems for school districts, it also creates the possibility of making changes in business

operations that are innovative and transformational.”

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OER: The Way of the Future

“Technology, in particular the internet, must be fully exploited. Schools, universities and vocational and training

institutions must increase access to education via open educational resources."

“New technologies…together with globalisation and the emergence of new education providers, are radically

changing the way people learn and teach. Open access to education resources offers an unprecedented opportunity

to enhance both excellence and equity in education.”

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References and Resources This presentation –

http://http://www.slideshare.net/nationalcopyrightunit/ Smartcopying website -

http://www.smartcopying.edu.au/scw/go Creative Commons Information Pack -

http://www.smartcopying.edu.au/scw/go/pid/953 ALRC inquiry – http://www.alrc.gov.au/inquiries/copyright-

and-digital-economy ALRC submissions - http://www.alrc.gov.au/inquiries/copyright-

and-digital-economy/submissions-received-alrc

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For More Information

Delia [email protected]

(02) 9561 8876

Carl [email protected]

(02) 9561 1267

Jessica [email protected]

(02) 9561 8730

Smartcopying Websitewww.smartcopying.edu.au