Part Two - 'New Technologies and the Current Copyright Framework

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Part 2

New Technologies and the

Current Copyright Framework

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This part will discuss the following in greater detail:

Part VA Part VB s 200AB s 28

These are the main provisions teachers rely on

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Part VB

Applies to the copying and communication of text and artistic works in digital and

hardcopy format for educational purposes

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Part VB licence applies to the following in hardcopy and digital format:

e-books and textbooks photographs

drawings song lyrics newspaper articles

sheet music plays journals

choreography poems maps cartoons

novels magazine articles plans

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Statutory Text and Artistic Works Licence

There are two schemes:

1.Photocopying: photocopying hard copy print and artistic material

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

For further information on the Statutory Text and Artistic Works Licence see: http://www.smartcopying.edu.au/scw/go/pid/700

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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 the school intranet, learning management system, class wiki or blog, or interactive whiteboard

4. Copying material onto portable devices including iPods, MP3 players, mobile phones and USBs


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Statutory Text and Artistic Works Licence: Copying Limits

Limits on copying:

• 10% of a literary work or 1 chapter of a book, 10% of words on a website or CD Rom

• One article in a journal, more than 1 article if on the same subject matter


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Can copy the whole work if:

• it has not been separately published

• or is not commercially available within a reasonable time at an ordinary commercial price. (6 months for hardcopy textbooks, 30 days for articles and e-books)


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Statutory Text and Artistic Licence: Simultaneous Storage Rule

The Statutory Text and Artistic Licence does not allow for two parts of a work, eg two 10% excerpts of a text book, to be online at the same time.

To minimise risk of infringement, measures must be taken to restrict access to this material to relevant classes only.

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I need to use a textbook with students in class but the textbook is out of print. Can I photocopy the whole textbook to give to students?

Teachers can photocopy an entire textbook for students to use in class where the textbook is out of print and is not available for purchase within 6 months.

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Can I scan a picture book to use in class on the interactive whiteboard?

Teachers can scan 10% or one chapter of a book to use on an interactive whiteboard.

Teachers cannot scan entire picture books to use on an interactive whiteboard in class unless the picture book is out of print.

A teacher must seek permission from the publisher to scan an entire book that is available for purchase or will become available for purchase within 6 months.

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Can I copy a whole e-book to the school’s learning management system for students to use in class?

Teachers can only copy 10% or one chapter of an e-book. A teacher can copy a whole e-book where the e-book is not available for purchase within 30 days.

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Can I make an audio recording of a book for my students to listen to on their ipods?

Teachers can narrate and record 10% of a book under the Statutory Text and Artistic Works licence.

If the audio version of the book is not available for purchase within 30 days, then the whole book can be narrated and recorded.

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Part VA

Applies to the copying and communication of TV and radio

programs for educational purposes

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Part VA Licence

Schools can copy:

1. Off-air pay and free-to-air television and radio broadcasts

2. Podcasts and webcasts which have originated as free-to-air broadcasts and are available on the broadcaster’s website or YouTube channel

For further information see: http://www.smartcopying.edu.au/scw/go/pid/699

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Part VA Licence

• All free-to-air channels in Australia have webcasts of broadcast programs available on their websiteeg: ABC (iView), Channel 7 (PLUS7), Channel 9 (Fixplay), Channel Ten, SBS, TVS

• These channels also release broadcast programs through their official YouTube channels


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Part VA Licence

Part VA does not apply to podcasts/webcasts:

• which have not been broadcast

• from Pay TV sourceseg: BBC, CNN, Tedtalks, Al Jareeza, National Geographic, Discovery

Teachers may copy these programs under s 200AB (see slides 45 – 53)


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Part VA Licence

• No copying limits.

• Schools can copy an entire film or television series. eg. entire season of ABC’s Catalyst

• Schools can also format shift TV and radio programs copied under Part VA and make digital copies available on password protected content repositories eg. VHS to DVD or VHS/DVD to digital


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Can I copy an episode of the news available on Channel Ten’s YouTube Channel to upload onto Moodle for students to watch on their laptops during class?

Teachers can copy webcasts of previously broadcast free-to-air programs from the broadcaster’s website or YouTube channel under the Part VA Licence.

Webcasts can be made available to students on password protected learning management systems such as Moodle.

Note: You may be able copy a YouTube video for educational purposes under the Statutory Broadcast Licence, BUT the terms and conditions of YouTube may not strictly allow this. (See slides 56 – 58)

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Our school has a library of TV programs in VHS and DVD format that it has recorded off air over the years. We have recently acquired ClickView and would like to format shift these programs onto ClickView.

Your school can format shift these copies into digital format all at once under the Part VA Licence.

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Can I copy a national geographic documentary off-air at home and bring it into school to be uploaded to ClickView for use in class?

Teachers can copy TV programs from pay channels at home to use at school under the Part VA Licence.

Statutory Notice Requirements:

Part VB and Part VA

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Statutory Notice

• Part VB and Part VA copies placed online (eg intranet, learning management system, class blog) must be accompanied with a special notice as set out in the Copyright Act.

• Part VB notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705

• The Part VA notice is available on the Smartcopying website: www.smartcopying.edu.au/scw/go/pid/704

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Statutory Notice

• A practical way of including the statutory notice on copies is to insert a link to the notice from the labelling information.

• This would mean that the notice would have to be uploaded onto one spot on the repository and be linked to when required.

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Statutory Notice

Part VB Example:

eg: Copied under Part VB of the Copyright Act 1968S. Brooks, www.animalfarm.com.au/photos/2007/htm, accessed 10 May 2010, Part VB Notice: (Insert link to notice)

Part VA Example:

eg: Copied under Part VA of the Copyright Act 1968‘Compass’, www.abc.net.au, 25 August 2009, Part VA Notice: (Insert link to notice)

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Statutory Notice

• Where it is not possible to include a link to the notice from the attribution information, the notice may be displayed (flashed) on the screen as the user logs into the repository.

• Although the Copyright Act does require the notice be attached to the material, it is not always possible to do this and displaying the notice is a practical way of including the notice in a repository.


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Statutory Notice

• Where the notice is displayed on screen, it is important to state that the notice will only apply to some of the material on the repository.

• This is because not all material saved to the repository will be material copied under the Statutory Text and Artistic Licence or Statutory Broadcast Licence.

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Statutory Notice

For example, the following sentences can be included above the notice

Part VB notice:

‘Some of the material in this repository may have been copied and communicated under the Statutory Text and Artistic Licence. For this material, the following notice applies’

Part VA notice:

‘Some of the material in this repository may have been copied and communicated under the Statutory Broadcast Licence. For this material, the following notice applies’


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Statutory Notice

• Where a content repository contains material copied under both the Part VB and Part VA licences, we recommend that the two notices be merged to create one notice.

• While the combined notice is not set out in the Copyright Act, it is a practical way of managing the statutory notice requirements on content repositories that contain both text and image and TV and radio programs.

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Combined Part VA and Part VB Statutory NoticeSome of the material contained in this repository may have been copied and communicated under the Statutory Broadcast Licence and Statutory Text and Artistic Licence. For this material, the following notice applies:

FORM OF NOTICE FOR PARAGRAPH 135KA(a) and 135ZXA(a) OF COPYRIGHT ACT 1968

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA or Part VB of the Copyright

Act 1968 ( the Act ).

The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may

be the subject of copyright protection under the Act.

Do not remove this notice.

Managing the cost burden

Your administering body pays fees for the copying and communication of material under the:

1.Part VB Statutory Text Artistic Licence

2.Part VA Statutory Broadcast Licence

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Hardcopy Costs on the RiseCosts under Part VB Hard Copy Scheme - Australian Schools 2001 - 2008

$-

$10,000,000

$20,000,000

$30,000,000

$40,000,000

$50,000,000

$60,000,000

2001 2002 2003 2004 2005 2006 2007 2008

School CAL Photocopying Licence Fees

Table on EUS page rates

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To minimise costs payable under the Statutory Licences, it is good practice to:

• Link to material where possible. Linking is not a copyright activity because you are not actually copying the material, only providing an address to its location on another website.

• Embed material where possible. Embedding is a type of link that allows a user to view and access content as it sits in its original location without having to leave their webpage (e.g. blog, wiki, LMS or intranet).

For further information see: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/1028/ctnscroll_guidelinesContain

er/1_1


Where the copy is placed on a content repository (wiki, blog, intranet or LMS), you should:

• limit access to the copy to those students who need to view it for their class or homework exercise, eg. one class of students rather than the entire school.

• Flush the repository at the end of each year, ie on 31 Dec or the last day of term 4.

For further information see: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/1030/ctnscroll_guideline

sContainer/1_1

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Flushing the repository can be done in two ways:

1. Deleting the material from the repository

• Material that the school no longer requires for educational purposes should be completely deleted from the repository.

2. Archiving material on the repository

• Material should be archived where the school expects to use the material again for educational purposes in the future.

• Archiving involves moving the material 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.

For further information see: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/1028/ctnscroll_guidelinesContainer/1_1

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s 28

Applies to performing and communicating material in

class

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s28 Performing or Communicating Material to a Classroom

• Does not apply to ‘copying’ material.

• Allows schools to perform and communicate material in class, or otherwise in the presence of audience.

• It is a free use exception – no fees are paid.

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

http://www.smartcopying.edu.au/scw/go/pid/544

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Performing or Communicating Material to a Classroom Examples

• Play/stream music and films (eg. from CD/DVDs, online using interactive whiteboard, intranet or LMS)

• Stream webcasts/podcasts from online (eg. ABC iView and SBS online from interactive whiteboard, intranet or LMS)

• Sing and play instruments

• Perform plays

• Recite poems

• Dance to musicSee “Performance and Communication of works and audio-visual material – What am

I allowed to do?” :http://www.smartcopying.edu.au/scw/go/pid/544

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Performing or Communicating Material to a Classroom Examples

s 28 will not apply to teachers and students performing and communicating film and sound recordings for non-teaching activities (school

concerts, dances or formals, excursions, camps, sports days and fairs)

Note: Co-Curricular Licences, s 106 or the APRA Licence may apply (discussed in part 3)

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


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Co-Curricular Licence

• The Co-Curricular Licence is an optional licence.

• This means that the Licence will not apply automatically to all Australian schools.

• The Co-Curricular licence can be taken up in two ways:

• On a central basis by the school authority. (all schools administered by that authority will be covered).

• On a school by school basis (where no central licence exists)


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Co-Curricular Licence

If your school is covered by the Licence, it is permitted to play films to teachers, students and parents of the school for the following purposes:• At school for entertainment purposes (e.g. at lunchtime on a

rainy day)

• On bus excursions, where the school provides the DVD (not the bus company)

• At school camps and excursions, including outdoor screenings at camp, where the school provides the DVD (not the camp)

• At after-school care and holiday programs conducted at and by the school

For further information see the smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/1019

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I have found a great YouTube video that I would like to show my students for a science experiment we will be doing. Can I stream the video to my science class using my interactive whiteboard?

Yes, teachers can stream online videos, such as YouTube, using an interactive whiteboard under s 28.

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I would like to show my students extracts of a DVD for a classroom exercise. Can I play these extracts from the DVD drive in my laptop in class using the interactive whiteboard?

Yes, teachers can play DVDs to students from their laptop connected to an interactive whiteboard.

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Can our school band perform music at our school fete under s 28?

No, performances to the public are not permitted under s 28.

However, performing music at a school fete is permitted under the APRA Licence.

s 200AB

applies to the copying and communication of all material not

covered by the statutory licences and s 28

Free Use Exceptions: Flexible Dealing

Types of material that s 200AB covers:

• Commercially purchased films and music (eg cassette, VHS, CD, DVD or digital formats)

• Online videos, podcasts and webcasts (not of broadcasts)

• Audio booksSee 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

Free Use Exceptions: Flexible Dealing

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. Will my use unreasonably prejudice the copyright owner?

S 200AB and Commercial DVDs

• In most cases, teachers are not permitted to make a digital copy of a DVD. This is because most commercial DVDs (eg, feature films, documentaries and television series) are protected by access control technological protection measures (ATPMs).

• ATPMs are technologies which prevent a user from easily accessing and copying the content on a DVD.

• It is illegal to circumvent an ATPM under the Copyright Act. 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/522

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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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Flexible Dealing Dos and Don’ts

• Try not to 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 the s 200AB copy from the learning management system, school intranet, class blog/wiki, portal or interactive whiteboard gallery as soon as practical once it is 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?” http://www.smartcopying.edu.au/scw/go/pid/542

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Can I format shift some music on a CD into MP3 format to upload to Moodle for classroom exercise?

Yes, a teacher can format shift music from CD to MP3 provided:

• It is not possible to purchase the music in digital format

• Access to the MP3 copy on Moodle is limited to those students who need to use the MP3 file for the classroom activity

• MP3 copy is archived as soon as practicable after it has been used for the classroom activity

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My language department has just purchased an expensive language CD containing listening and speaking exercises for students. Can the school make a back up copy of this CD in case it gets damaged?

A school cannot make a ‘back-up’ copy of the CD because the CD is still available for purchase.

It is a good idea to ask the publisher/distributor of the CD for their permission to make a ‘back up’ copy.

If they refuse, the school will need to purchase two copies and archive one as the ‘master’ in case the other gets damaged.

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My library contains several programs recorded on VHS pre-1990. Can I format shift these VHS tapes into digital format to store on ClickView?

Pre 1990 recordings are not covered by Part VA. Therefore, the school will need to rely on s 200AB.

Can format shift under s 200AB where:

• The program is needed for educational instruction (teaching or preparation for teaching). Cannot do a mass format shift to create a digital library of these recordings.

• The program is not available for purchase in digital format.

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Snapshot SummaryPart VB

• Copying limits: 10% or 1 chapter of book, 10% of words on a website or CDRom.

• Attach notice when communicate.

Part VA•No copying limits.•Can format shift.•Attach notice when

communicate.

s.200AB•Limited format shifting

rights.•You cannot buy it.•Only copy what you

need.

Images or Print

Off air television and radio broadcasts

Podcasts of free-to-air broadcasts (available on the broadcaster’s website)

YouTube videos

DVDs and videos

Note: Most commercial DVDs are protected by ATPMs and cannot be copied because it illegal to circumvent an ATPM.

Cassette tapes and CDs

Typ

e o

f M

ater

ial

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Tricky copyright areas: YouTube and iTunes

• Teachers are increasingly using YouTube videos and content purchased from iTunes in the classroom.

• The terms of YouTube and iTunes provide that the content can only be used for ‘personal, non-commercial’ use.

• This does not include copying by educational institutions for ‘educational use’.

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YouTube

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YouTube

• You may be able to 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.

• Video owners can now upload their YouTube videos under a Creative Commons 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

5959

Practical Alternatives: Linking and Streaming

• Practical alternatives to copying videos off YouTube include:

• Directly streaming YouTube videos in class (permitted under s 28) The streaming may be directly from the YouTube website or through a link to a YouTube video embedded on another website.

• Linking to the YouTube video. Linking is not a copyright activity as you are not actually copying the content, rather providing a path to its location on another site.

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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Practical Alternative: Embedding Videos

Can I embed a link to videos on another website?• 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?”


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iTunes

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iTunes

• When buying content from the iTunes store, you must agree to the store’s Terms of Use.

• Terms state that iTunes products can only be used for: ‘personal, non commercial use’.

• This expression may not include ‘educational use’.

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iTunes

• We just don’t know whether the iTunes contract prohibits the educational use of content purchased from iTunes.

• There is a risk that the school might be said to be in breach of contract if its plays or copies content purchased from itunes.

• However, sections 200AB and 28 allow teachers to use sound recordings and video for educational purposes without having to seek the permission of the copyright owner.

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iTunes

You will need to find out whether your school has decided to:

•rely on the Copyright Act exceptions, or

•avoid using content purchased from iTunes due to the iTunes contract.

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iTunes Apps

The iTunes App terms and conditions permit educational use of apps purchased from the iTunes store.

A school can download and sync an app for use:• by a single teacher on one or more devices that are used by

that teacher but which are owned or controlled by the school.

• by multiple students, on a single shared device owned by the school.

See information sheet ‘Mobile Applications’ at:


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iTunes Apps

A school would be in breach of the app licence terms if it permits one app to be used on multiple devices for use by multiple students.

Apple has developed a ‘volume app purchasing system’ for use by US educational institutions. It is not clear whether this model will eventually be made available to educational institutions in Australia.

Some apps may have different terms of use set by the developer of the app. Schools should check whether specific terms of use have been prepared by the developer for that app that permit broader educational uses.

See information sheet ‘Mobile Applications’ at:


Education

Part Two - 'New Technologies and the Current Copyright Framework