Copyright Issues for Australian Schools in the Digital World: Digital Citizenship for all Students

Copyright in a Digital World-

Open Education Resources

30 July 2014Digital Citizenship for all Students

Jessica SmithNational Copyright OfficerNational Copyright Unit

www.smartcopying.edu.au

http://www.smartcopying.edu.au/

National Copyright Unit (NCU)

The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for copyright policy and administration for the Australian school and TAFE sector. This involves:

• Managing the obligations under the educational statutory licenses

• Advocating for better copyright laws on the School and TAFE sector’s behalf

• Educating the School and TAFE sector regarding their copyright responsibilities

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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

Slides available @ http://www.slideshare.net/nationalcopyrightunit/

This work is licensed under a Creative Commons Attribution 4.0 International License (unless otherwise noted)

http://creativecommons.org/licenses/by/4.0/

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

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Outline

• What copyright covers

• What you can do with © material

• Open Educational Resources (OER)

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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’

Copyright in essence

Gives the copyright owner the right to: copy perform communicate to the public

the copyright material.

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Copying Activities scanning downloading

printing Saving to usb/hardrive

Photocopying

Saving to mobile phone / smartphone / iPod / iPad

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Upload to cloud

Performance Activities

playing films and sound recordings

singing songs

playing instruments

acting out a play

reciting a poem

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Communication Activities

make available to students online (intranet, LMS, wiki, etc)

Email to students

display on interactive whiteboard

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What can teachers copy and communicate?

Teachers are able to re-use copyright materials, without further permission needed due to:

A. Statutory Licences (text, pics, TV)

B. Voluntary Licences (music)

C. Free Use Exceptions (video, performances)

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Statutory Licences

• Part VB: Statutory Text and Artistic Works Licence

• Part VA: Statutory Broadcast Licence

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Part VB: Statutory Text and Artistic Works Licence

Under this licence, a teacher can copy and communicate (email, place online) text and artistic works for educational purposes

…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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Part VB: Copying Limits

There are specific copying limits under Part VB.

You can only copy a reasonable portion.

For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700

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You 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)

Part VB: Copying Limits

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Pt VB: Copying Limits

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.

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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Pt VB: Copying Limits

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:

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

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Part VA Statutory Broadcast Licence

Covers the copying and communication of:

• TV and radio broadcasts

• TV/radio from a broadcaster’s website IF it has been broadcast on free-to-air

Does not 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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Voluntary licences

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Music licences

Under paid licences with copyright owners, schools can:

copy music from CD to use in Powerpoint or teaching resources

copy music to digital format for use in teaching

copy music to play in school performances

copy sheet music (subject to copy limits)

for the educational purposes of the school.

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Free exceptions

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s 28 - performing or communicating in class for educational instruction

• 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?” :



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s28 Uses

1. Display or project material to the classroom via interactive whiteboard (ie. viewing websites such as YouTube) or PowerPoint.

2. Use an electronic delivery system to transmit a television program or film from a central DVD player in the library to a monitor in the classroom.

3. Communicate material to external students using virtual classroom software.

4. Play a film from the school intranet or LMS (eg ClickView) to a class.

5. Recite a poem to a virtual class using Skype.

See information sheet: “Performance and Communication of works and audio-visual material – What am I allowed to do?” :


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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

• Permits schools to copy and make limited use of copyright material for free, for educational instruction, if the use satisfies a number of criteria.

• You must assess your proposed use against those criteria on a case-by-case basis.

See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”:


S 200AB criteria

1. Your proposed use is not covered by an existing statutory licence or exception

2. Your proposed use is for the purpose of educational instruction and is not for profit

3. Your proposed use isn’t ‘unreasonable’

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Common activities permitted under flexible dealing

• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.

Converting VHS to DVD where it is not possible to buy a DVD of that film and the DVD is needed for educational instruction

Preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need

Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives 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?” http://www.smartcopying.edu.au/scw/go/pid/542

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S 200AB: Flexible Dealing Dos and Don’ts

• Do not use pirated material.

• ‘Just in case’ format shifting is not permitted:

• Schools cannot make ‘back up’ copies of resources ‘in case’ the original is destroyed.

• Schools are not allowed to format shift their whole library or collection (eg, from video tape to DVD or a content management system) 'just in case' it will be useful later on.

• Any format shifting needs to be done for the purpose of giving educational instruction in the near future.

See information sheets:

“Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542

“Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/529



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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?”


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 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 licence

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

Typ

e o

f M

ater

ial

Copied and Communicated Under

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Tricky areas: YouTube and iTunes video content

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’.

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Can 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.

• YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others.

• Each jurisdiction will have to decide whether they will rely on what is permitted by the Copyright Act in light of YouTube's (and iTunes) terms of use.

Teachers Tube is a great alternative: www.teachertube.com For further information: “YouTube: Use by Teachers” : http://www.smartcopying.edu.au/scw/go/pid/855

“Teachers Tube: Use by Teachers”: http://www.smartcopying.edu.au/scw/go/pid/858

http://www.teachertube.com/



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YouTube: Linking and Streaming

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 the YouTube video is not a copyright activity - you are not copying the content.

See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855

“Performance and Communication of works and audio-visual materialin class – What am I allowed to do?”


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YouTube: Embedding Videos

• You may embed a link to a video on another website, such as the class blog or wiki, or school intranet and learning management system.

• The YouTube website provides information on how to embed links to YouTube videos. (http://www.google.com/support/youtube/bin/answer.py?answer=57788).

• Sometimes, the video owner does not want others to embed their video and may disable this functionality. In this case, you should not pursue embedding the link.

• You may stream videos that you have embedded in another website to a class under s 28.

See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855

“Performance and Communication of works and audio-visual material in class – What am I allowed to do?”


iTunes – music iTunes music is covered by the schools recordings agreement

and this agreement overrides the general terms of iTunes. Under the recordings licence, schools are permitted to make

sounds recordings in any form:

• to be played at a school event

• of a school event at which music is played

• for inclusion in an electronic presentation

• to play in class for educational purposes

• to be used as part of a course of instruction

• to synchronise with recordings made of a school event

AMCOS|APRA|ARIA Licence: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence

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http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence

http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence

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iTunes - Apps

Apple’s Volume Purchase Program for Education: https://www.apple.com/au/education/it/vpp/

https://www.apple.com/au/education/it/vpp/

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.

• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when.

• 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.

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 regularly

Material copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'. Clearing out material that is no longer required is one practical way of managing the copyright costs.

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Two 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.

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Two options:

Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository.

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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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LinkLabelLimitClear out contentConsider OER

Smartcopying:

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Some Copyright Challenges

• While there is a lot that teachers can copy, the licence schemes and free use exceptions are restrictive and complicated:

• Teachers are burdened with complex copying limits and mandatory notice requirements under the Statutory Licences.

• Teachers cannot modify, share or remix material except in limited circumstances.

• The material can only be made available to parents and the community in limited circumstances.

Free for education, open education and creative commons material is a great alternative!

See list of Free for education/Open education resources on smartcopying at: http://www.smartcopying.edu.au/scw/go/pid/933

See Creative Commons information pack on smartcopying at:http://www.smartcopying.edu.au/scw/go/pid/953



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OpenEducationResources

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OER - Definition

• Open Educational Resources (‘OER’) are a growing trend towards openness of teaching and learning materials.

• OER are teaching and learning materials that are freely available online for everyone to use, whether you are a teacher, student or self learner.

• OER include: worksheets, curriculum materials, lectures, homework assignments, quizzes, class activities, pedagogical materials, games and many more resources from around the world.

See: www.oercommons.org

http://www.oercommons.org/

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OER: Fundamental Values

• OER share some fundamental values:• Resources are free for any individual to use

• Are licensed for unrestricted distribution

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

OER in a nutshell

OER is about creating repositories of material which are free to:

AccessUse

ModifyShare

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Creative Commons

Available at: http://creativecommons.org//. This work is licecned under a under a Creative Commons Attribution 4.0 International license.

http://creativecommons.org//



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OER and Creative Commons

• Most OER resources use Creative Commons (CC) licences.

• This is because CC licences are well known blanket licences that are free and easy to use.

• A creator needs only to do one thing - select the type of licence they want from the CC website!

OER: How it all works

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.

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Using Creative Commons (CC) material enables the education sector to overcome copyright barriers.

CC material is freely available for teachers and students to copy, modify and reuse.

This is important in the digital era where content can be created, accessed and shared in new and exciting ways globally.

The National Copyright Unit and CC Australia have developed an information pack for teachers and students on finding, using and attributing CC material. This pack can be found on the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/956

CC makes copyright easy...

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There are 4 primary licence elements which are mixed to create a licence:

Attribution – attribute the author

Non-commercial – no commercial use

No Derivative Works – no remixing

ShareAlike – remix only if you let others remix

See the CC information pack at:http://www.smartcopying.edu.au/scw/go/pid/956

CC Primary Licence Elements


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Attribution – share alike

Attribution – non-commercial –share alike

Attribution – non-commercial – no derivatives

Attribution

Attribution - non-commercial

Attribution - no derivatives

Six Standard CC Licences

Licence Type Licence ConditionsAttribution

Freely use, copy, adapt and distribute to anyone provided the copyright owner is attributed.

Attribution No DerivativesFreely use, copy and distribute to anyone but only in original form. The copyright owner must be attributed.

Attribution Share AlikeFreely use, copy, adapt and distribute provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed.

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CC Licences

CC Licences

Licence Type Licence Conditions

Attribution Non CommercialFreely use, copy, adapt and distribute for non-commercial purposes. The copyright owner must be attributed.

Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim

copies of the original work for non-commercial purposes. The copyright owner must be attributed.

Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-commercial purposes provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed.

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Attributing CC material The new CC licences have ‘common-sense attribution’.

Best practice is that you label materials with:

• Title

• Author/copyright owner,

• Source – Link to work

• Licence – Name + Link

It is important to always check whether the creator has specified a particular attribution.

Open Attribute (http://openattribute.com) is a tool to assist users of CC material to properly attribute. Once downloaded, it will attribution information for CC licensed content which users can copy and paste into their own work containing CC material.

For further information on attributing CC material, see:http://www.smartcopying.edu.au/scw/go/pid/956

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http://openattribute.com/


Example: Image licensed under CC Attribution licence

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Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685 . This work is licenced under a Creative Commons Attribution 4.0 International Licence.


Nearly 1 billion items

CC BY – C Green 2011

How to find OER

General Search Photo/image Search Video Search Audio/Music Search General Education Search Specific Education Search Recorded Lectures & Video Tutorials Search Open Textbook Search

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General search

Creative CommonsGoogle

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Google Advanced Search

When searching the web for general information, you can filter so that the search results given are only free, openly licenced materials.

To apply the filter you must first go into your advanced search settings, which are found in the settings tab on the right hand side of your search result.

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Google Advanced Search

Once you get into your advanced settings, the usage rights filter is at the very bottom.

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Photo/Image Search

CC Search Wikimedia Commons Flickr Google Images Pixabay Europeana

Open Clip Art Library

Encyclopedia of Life

Public Library of Science

CC finder

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Searching Google for Openly Licenced Images

Advance search as describe above; or Google recently launched a simpler

way to filter Google images by reuse rights (ie, openly licenced resources).

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Google ImagesAfter you search for an image, all you have to do is click “Search tools” and select the “Usage Rights” that reflect your use.

All four usage rights allow for educational use.

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Video Search

YouTube Vimeo Ted – Ideas Worth Spreading Al Jazeera

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YouTube

There are a number of ways to find YouTube videos that are licensed under CC:• use the CC Search tool described above.• http://www.youtube.com/creativecommons lets you see

the most viewed and most reused CC licensed videos. • in your search you can include the term

“creativecommons”, and the videos returned will be CC licensed.

• or you can filter for Creative Commons licenced videos after you search.

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YouTube – filter for CC videos

After you do a search, click on the filters option, and under ‘Features’ selected Creative Commons.

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YouTube – filter for CC videos

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Audio/Music Search

JamendoccMixterFree Music ArchiveSoundCloud

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General Education Search

OER Commons The Orange Grove

Digital Repository Connexions Curriki WikiEducator Saylor Academy

Wikiversity LiveBinder by Karen

Fasimpaur - Open Educational resources: Share, Remix, Learn

Open Education Europa

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Video Tutorials Search

Khan Academy

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Open Textbook Search

ck-12 Wikibooks

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Smartcopying website

For more specific, content-oriented OER and for an ever-increasing list of OER, see the Smartcopying website: http://www.smartcopying.edu.au/open-education/open-education-free-for-education/open-education-free-for-education-resources

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References for this presentation This presentation –

http://www.slideshare.net/nationalcopyrightunit/ Smartcopying website - http://www.smartcopying.edu.au/ 'CC BY – C Green 2011' – 'The obviousness of open-policy', ©

2011 Cable Green - http://www.slideshare.net/cgreen/sloan-the-obviousness-of-open-policy used under a Creative Commons Attribution licence: http://creativecommons.org/licenses/by/3.0/

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Delia BrowneNational Copyright Director

[email protected](02) 9561 8876

Sarah Lux-Lee

National Copyright [email protected]

(02) 9561 1267

Jessica SmithNational Copyright Officer

[email protected] (02) 9561 8730

www.smartcopying.edu.auslideshare.net/nationalcopyrightunit

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More Information

Copyright 4 Educators

• Peer 2 Peer University – www.p2pu.com

• Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources

7 week course. Two cycles ran last year, with over 100 learners taking the course. Another cycle will run later this year.

More information on the Smartcopying website or here on the P2PU website: https://p2pu.org/en/courses/1196/copyright-4-educators-aus/

Other relevant courses on P2PU: • Intro to Openness in Education

• Creative Commons for K-12 Educators

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Documents

Copyright Issues for Australian Schools in the Digital World: Digital Citizenship for all Students