130604 - Parramatta district teacher librarians network meeting

Copyright in a Digital World-

Open Education Resources

4 June 2013

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


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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Outline

• What copyright covers

• What you can do with © material

• OER – way of the future?

• Questions

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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?

Whatever the licence says you can.

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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)

Copyright myths

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• Because it's online, I can copy it for free

• I can copy what I want - it's for education, it's not for profit

• I can copy what I want so long as I attribute the source

• Google Images = free to use!

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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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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.

• Reasonable time: • Textbooks: 6 months

• All other material: 30 days

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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’ or openly licenced (Creative Commons) – which allows for copying.

• Website terms and conditions will determine whether a website is ‘free for education’ or openly licensed.

• Look for creative commons material

• Website terms and conditions that include:

• Free to use

• Free to use in your organisation

• Free for educational use

For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999

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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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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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.

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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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s 200AB: Flexible Dealing

• If you want to use copyright material in a way not permitted by the statutory licences or other exceptions under the Copyright Act, you may be able to rely on s 200AB.

• 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 education 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

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Common activities permitted under flexible dealing

• Compile short extracts of audio-visual material for use in class, eg making DVD of short films clips from VHS or digital files when it is not possible to purchase similar teaching resources.

• 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

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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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 '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?”


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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

The terms of YouTube 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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YouTube

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.

• 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: 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 or embedding the YouTube video. 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?”


iTunes

The schools new recordings agreement (AMCOS|ARIA|APRA licence) overrides the general terms of iTunes

What that means:

• Previously: iTunes had the same issues/concerns that YouTube does

• Now: Schools can use music from iTunes for educational purposes without any concerns

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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 regularlyMaterial 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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Clear out unwanted content regularly

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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Clear out unwanted content regularly

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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OpenEducationResources

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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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Open Education Resources

• 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 includes resources of all sorts: 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

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

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

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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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Obtaining a CC Licence: 2 Easy

Steps

Attribution

Non-Commercial No Derivative Works

Share Alike

Step 1: Choose Conditions

CC BY – C Green 2011

Step 2: Receive a License


most free

least freeCC BY – Adapted from Green 2011

Over 500 million items



175+ Million CC Licensed Photos on Flickr

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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 (http://openattribute.com) 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: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

In Australia: 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: www.smartcopying.edu.au/scw/go/pid/936

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© 2011 Education Services Australia Limited

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OER Developments in

Australia

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Teaching Resources

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Resources- OER

• Curriki: http://www.curriki.org/

• OER Commons: www.oercommons.org/

• Encyclopaedia of Life: www.eol.org/

• Comprehensive Knowledge Archive

• Network: 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

http://www.curriki.org/

http://www.oercommons.org/

http://www.eol.org/

http://www.ckan.net/

http://www.cnx.org/

http://www.teachingideas.co.uk/

http://smarthistory.org/


Resources- Free for Education

A number of organisations have agreed to make their online material free for education:

• 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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Resources- Creative Commons Encyclopedia – Wikipedia Photos - Flickr Videos - Blip.tv Music - Magnatune Sounds - Opsound Articles - Directory of Open Access Journals Remix community – ccMixter Everything else - Internet Archive

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Smartcopying Fact Sheets Using Digital Content Repositories - Copyright Compliance Manual

for Schools: www.smartcopying.edu.au/scw/go/pid/1020

Understanding Website Terms and Conditions: www.smartcopying.edu.au/scw/go/pid/999

Creative Commons information pack: www.smartcopying.edu.au/scw/go/pid/953

Open Education/Free for Education Resources: http://www.smartcopying.edu.au/scw/go/pid/933

Using Wikis and Blogs: www.smartcopying.edu.au/scw/go/pid/944

Using YouTube: www.smartcopying.edu.au/scw/go/pid/855

Using iTunes: www.smartcopying.edu.au/scw/go/pid/1049

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Global Snapshot

Higher EdCC BY – C Green 2011

Higher Ed

Government

CC BY – C Green 2011 Search and Discovery

References This presentation –

http://www.slideshare.net/nationalcopyrightunit/ Smartcopying website - http://www.smartcopying.edu.au/scw/go '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/

Flickr images - http://www.flickr.com/ CC in Australia - http://creativecommons.org.au/ CC in Australian government -

http://wiki.creativecommons.org/Government_use_of_Creative_Commons#Australia

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More information

• Copyright for school and VET teachers (Australia focus)

• Practical and simple information sheets and FAQs

• Interactive teaching resources on copyright

• Search the site for answers to your copyright questions


Delia BrowneNational Copyright Director

[email protected](02) 9561 8876

Jessica SmithNational Copyright Officer

[email protected] (02) 9561 8730


slideshare.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 licensing, educational exceptions and open educational resources

7 week course beginning July 29th

Signups open July 15th

More information on the Smartcopying website or here on the P2PU website: https://p2pu.org/en/courses/111/copyright-4-educators-aus/

Other relevant courses now open: • Intro to Openness in Education

• Creative Commons for K-12 Educators

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Questions

1. Changing format- digitising off air programs onto e.g. hard drives; General copyright info with off air tapingThe Part VA (Statutory broadcast) licence covers copying from television programs from free-to-air and subscription (pay TV) channels for educational purposes.Part VA allows format shiftingPart VA does not cover copying from online TV/radio:

• from Pay TV source

• which have not been broadcast – IPTV, Netflix, Youtube If you want to copy (and/or format shift) something not covered by Part VA, you’ll have to rely on s 200AB

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Questions – 1 cont’d And of course you are always allowed to:

• Stream directly to the class (s28)

• Provide a link to the material to the students For more information – Smartcopying website

• Off-air radio and television programs• http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/1030/ctnscroll_guidelinesContainer/1_0

• Format shifting• Information sheet: http://www.smartcopying.edu.au/scw/go/pid/529

• FAQs: http://www.smartcopying.edu.au/scw/go/pid/744

• Statutory Broadcast Licence• http://www.smartcopying.edu.au/scw/go/pid/699

• Flexible dealing• Information sheet: http://www.smartcopying.edu.au/scw/go/pid/542

• FAQs: http://www.smartcopying.edu.au/scw/go/pid/743

• Performance and Communication in Class (s28)• http://www.smartcopying.edu.au/scw/go/pid/544

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Questions

2. Attribution, Creative Commons, Citation of digital images

• Attribution: will depend on the material and the permission you have to copy the material

• Labelling material owned by the school of educational body: © NSW Department of Education 2013

• Labelling material owned by someone else that you have permission to copy: Reproduced and made available for copying and communication by [Insert name of school or educational body] for its educational purposes with the permission of [inset owner of material’s name]

• Labelling Clip Art: Clip Art sourced from Microsoft

Questions: 2 cont’d• If you are relying on a statutory licence to copy, you should include

enough information to enable someone else to identify the copyright owner:

• These details may include the name of the author, title, publisher, edition or date of publication and ISBN or ISSN: Copied Under Part VB, Edgar, S, Mathematics Unplugged , Bristol Press, Castle Hill, NSW 2002, ISBN 0456315634, pp 62-71.

• If you are copying from a website, you should include the full URL address: Copied Under Part VB, www.abc.net.au/science/news/stories/2007/1892736.html, accessed 15 May 2013

• Citation of digital images: use the guidelines covering attribution

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Questions: 2 cont’d Creative Commons material:

• CC requires that you label materials with (example on slide 76):

• author/copyright owner,

• title and source,

• type of CC licence that applies

• a link to the licence terms.

Open Attribute (http://openattribute.com) tool For further information on attributing CC material, see:

• http://www.smartcopying.edu.au/scw/webdav/site/scwsite/shared/attribute.pdf

All this information and more, including a flow chart (on page 2), can be found on the Smartcopying website:• http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/530/

ctnscroll_guidelinesContainer/1_0

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Questions

3. All my own workIf you create an original resource, then you or your employer will own the copyright in that work You should label the resource accordinglyYou can use the resource however you wish and will not pay any fees

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