Copyright in the Digital World

tansygoobertownInternet and Web Development

Dec 8, 2013 (3 years and 10 months ago)

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CEC NSW

24 September 2010

Copyright in the Digital World

Sylvie Saab

National Copyright Officer

National Copyright Unit


2

New Technologies


Teachers are using a variety of new
technologies in the classroom.


This includes:


Interactive whiteboards


Wikis and blogs


YouTube and iTunes


Mobile devices including iPods, MP3 players and
mobile phones

See information sheets: “Using wikis and blogs”

http://www.smartcopying.edu.au/scw/go/pid/944

“YouTube: Use by Teachers”

http://www.smartcopying.edu.au/scw/go/pid/855



3


Digital Content Repositories


Many schools and jurisidictions are also creating
content repositories
.


In most cases, access to these repositories is password
protected.


A content repository is a digital space where content
can

be stored, accessed and shared amongst a group
of people. This includes learning management systems
such as Moodle, BlackBoard and ClickView, intranets,
portals, interactive whiteboard galleries and media
libraries.

4

What can teachers copy and
communicate on these technologies?

There is a lot that teachers can do on these
technologies!

There are:

A.
Statutory Licences

B.
Free Use Exceptions

Which allow schools to use copyright

materials without the permission of the

copyright owner.

5

Part VB: Statutory Text and Artistic
Licence


Under this licence, a teacher can copy and
communicate literary, dramatic, artistic and
musical works subject to copying limits.


Covers text books, newspaper articles, journal
articles, paintings, diagrams, photographs,
animations, song lyrics, plays, poems and maps
in hard copy and electronic form including free
and publicly available internet sites
.

6

Statutory Text and Artistic
Licence

Has two schemes:

1.
Hard Copying:

photocopying hard copy print
and artistic material

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

7

Statutory Text and Artistic
Licence

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 digital repository, school intranet,
learning management system (LMS), class wiki or blog, or
interactive whiteboard

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

8

Photographs

1.
Is the photograph still in copyright?


If taken post 2005: lifetime of author plus 70 (published and unpublished
photographs)


If taken pre 2005:


Published photographs: 50 years from end of year photograph taken


Unpublished photographs: 50 years from the end of year work published

See Smartcopying at:
http://www.smartcopying.edu.au/scw/go/pid/662


2.
If yes, does the school own copyright in the photograph?


If a teacher or staff member of the school took the photograph, copyright
belongs to the school. The school can upload the photograph to:


Public online space (note: privacy issues)


Password protected online space, eg school intranet, learning
management system or class wiki/blog

See Smartcopying at:
http://www.smartcopying.edu.au/scw/go/pid/660




9

Photographs

If the school does not own copyright in the photograph,
it must either:

a.
Seek written permission from the copyright owner for its use; or


This is known as a licence. You must tell the copyright owner what you want to
do with the photograph so they can decide whether to grant you permission.

See Smartcopying at:
http://www.smartcopying.edu.au/scw/go/pid/653


b.
Rely on Statutory Text and Artistic Licence


Photograph can only be uploaded to a password protected space for students,
teachers and school staff only eg school intranet, learning management
system, class wiki or blog.


Must include the mandatory statutory notice:
http://www.smartcopying.edu.au/scw/go/pid/705


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




10

Statutory Text and Artistic Licence:

Copying from websites


Some teachers mistakenly believe that material available
on the Internet is free of copyright.


This is not true. Internet material is protected by copyright!


Some websites are ‘free for education’


this means that
material on the website can be copied for educational
purposes.


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


For further information on website terms and conditions, see information sheet
‘Understanding Website Terms and Conditions’ on the Smartcopying website:
http://www.smartcopying.edu.au/scw/go/pid/999




11

Website Terms and Conditions

Terms and Conditions

Not Free

Free

Personal Use

Personal, non commercial

Personal and non commercial

Non
-
commercial use

Personal or non commercial

Use in your
organisation

Free copying

Free for education

© name and/or year and no terms of use

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

Copying not permitted

All Rights Reserved

12

Statutory Text and Artistic 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 one article if on the
same subject matter


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.


For more information, see the “Education
Licence

B” in the

“National Copyright Guidelines” at:

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

13


Statutory Text and Artistic Licence:
Simultaneous Storage Rule


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


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

14

Statutory Text and Artistic Licence:
Mandatory Notice


You must attach a mandatory notice to all
copies made available on an interactive
whiteboard, learning management system,
wiki, blog or school intranet.


This noticed is required by the Copyright Act.

A copy of this is available on the Smartcopying website at:
www.smartcopying.edu.au/scw/go/pid/705


15

Part VA Statutory Broadcast Licence

Covers the copying and communication of:


Off
-
air television and radio broadcasts


Podcasts and webcasts which originated as

free
-
to
-
air
broadcasts and are available on the
broadcaster’s website

Doesn’t cover podcasts/webcasts:


from Pay TV sources


which have not been broadcast


For more information see:


“Education
Licence

A” in the “National Copyright Guidelines”:

http://www.smartcopying.edu.au/scw/go/pid/699

16

Part VA: Statutory Broadcast Licence


No limit on how much you can copy.


Format shifting is permitted.


If you want to put a copy on an interactive
whiteboard, LMS, wiki, blog or school
intranet,
you must attach a notice
.


This notice is required by the Copyright Act.

A copy of this notice is available at:

www.smartcopying.edu.au/scw/go/pid/704

17

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 information sheet:

“Performance and Communication of works and audio
-
visual
material


What am I allowed to do?” :

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

19

s.200AB: Flexible Dealing


Rely on flexible dealing when no statutory licence or
free use exception applies to your use.


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


Flexible dealing will not apply where it is possible to
purchase a similar teaching resource


Flexible dealing is a free use exception


no fees are
paid.


See information sheet:

“The New Flexible Dealing Exception


What am I allowed to do?”:

http://www.smartcopying.edu.au/scw/go/pid/542

N o

Am I teaching in a classroom or remotely, preparing to teach, compiling resources for
student homework or research or doing something for the purpose of teaching?

-

Is my use covered by Part VB of the Act (the Statutory Text and Artistic Licence)?

-

Is my use covered by Part VA of the Act (the Statutory Broadcast Licence)?

-

Is my use covered by another exception?

-

Am I taking more than I need?

-

Am I exposing the material to a risk of piracy?

-

Am I interfering with the quality of the material?

-

If I answer yes to any of these questions, is there something I can do to minimise
any prejudice?


2. Am I using this for giving
educational instruction?


3. Is my use non
-
commercial?


6. Would I unreasonably prejudice
the copyright owner?

Am I, my students, or the school making a profit or getting commercial advantage
from this? (Cost recovery is OK)

-

Is my use narrow in a qualitative and quantitative sense?

-

Is my use only what I need for my teaching purpose?

-

Can I buy or get a licence for this use?

-

Is this use a way the copyright owner usually makes money from their work?

-

Will I deprive the copyright owner of significant revenue now or in the near future?


Covered by 200AB


1. Is my use covered by a statutory
licence or exception?


4. Is my use a special case?


5. Does my use conflict with normal
exploitation?

N o

N o

Yes

Yes

Yes

Flexible Dealing Requirements

21

Flexible Dealing Uses

1.
Make captioned versions of films for hearing impaired students
when it is not possible to buy the captioned version.

2.
Compile short extracts of audio
-
visual material for use in class (eg
making DVD of short extracts of several films for a Film Studies or
English class) when it is not possible to purchase similar teaching
resources.

3.
Convert a film or sound recording on DVD/CD to a digital file
format when it is not possible to buy a digital version of the film or
sound recording.

4.
Include short extracts of music in PowerPoint teaching aids.

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

22

Flexible Dealing and ATPMs


Anecdotal evidence suggests that teachers are
copying extracts of
DVDs or making digital copies of DVDs to produce educational
resources.


In doing so, they are inadvertently circumventing
Access
Technological Protection Measures (
ATPMs).


ATPMs are technologies which restrict access to copyright material.
Most commercial DVDs are protected by an ATPM known as ‘region
coding’.


It is illegal to remove/disable an ATPM in order to copy extracts of a
DVD or format shift the DVD into digital format.

Note: Most VHS tapes are not protected by ATPMs.


See information sheets: “Format Shifting and the Copyright Amendment Act 2006 : What am I allowed to do?”

http://www.smartcopying.edu.au/scw/go/pid/529

“Technological Protection Measures and the Copyright Amendment Act 2006”
http://www.smartcopying.edu.au/scw/go/pid/522

23

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


24

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 LMS, school intranet,
class blog/wiki, portal or interactive media 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

25

Snapshot Summary

Part VB


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


Attach notice when
communicate.

Part 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 works

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

Type of Material


Copied and Communicated Under

26

Tricky copyright areas:

YouTube, iTunes and iTunes U


Teachers are increasingly using YouTube
videos, iTunes music and applications as well
as iTunes U content.


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


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


27

Tricky copyright areas:

YouTube, iTunes and iTunes U


It is arguable that some of these contracts
are not enforceable due to insufficient notice
of the terms and conditions to the consumer.


However, in cases such as iTunes where the
consumer is prompted to accept the terms
and conditions during purchase, it is likely
that the contract terms and conditions are
enforceable.

28

28

iTunes

Can I play music purchased from iTunes in class?


s. 28 allows for music to be communicated by teachers in the course
of educational instruction, however, the iTunes terms and conditions
only allow users to purchase music for "personal, non
-
commercial
use" and not for "educational use".



The terms and conditions are likely to be enforceable because the
purchaser is given sufficient notice prior to purchase. The purchaser is
prompted to ‘accept’ the terms and conditions.


Because it is unclear, we recommend that you format shift the song
you want to use from a CD into MP3 format.
This may be permitted
under flexible fair dealing if all conditions are met.


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

29

29

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 is now testing an option that will allow video owners to upload their
videos under a Creative Commons so they can share their work with others.


Teachers Tube is a great alternative:

www.teachertube.com

See information sheets: “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

30

30

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 material

in class


What am I allowed to do?”

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

31

31

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?”

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

32

Smartcopying tips…

Link to material whenever possible.



Providing a link to material is not a copyright activity. This is
because you are not actually copying the content, but rather
providing a pathway to its location on another site.

Embed material whenever possible.



Embedding is another type of linking. It involves

copying the
HTML code of the film, which is often displayed in a box near
the film, and pasting it onto your website. The result of this is,
rather than displaying the link, it will show a small screen of the
film on your website.



33

Smartcopying tips…

All material must be attributed.


It is important that all material created and used by the
school for educational purposes is properly attributed.


This includes material that is photocopied and material
that is copied digitally.


Attribution information needs to include details of the
copyright owner and author (if different), where the
material was sourced from and when.


Attributing material is important to ensure that original
material created by a student, teacher or jurisdiction or
that has been licensed is removed from survey data and
therefore is not paid for.

34

Smartcopying tips…

Use Open Education, Free for Education and
Creative Commons material possible.



The copyright owner of this material has already given
permission for the material to be used for educational
purposes.


As a result, this material is available for free!


Depending on the terms of the licence, this material can
also be modified and shared by teachers and students.

35

Smartcopying tips…

Access to material is limited to relevant
students only


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


Further, limiting access to material is an important
cost management practice. CAL and Screenrights
believe that the value of content increases with the
number of people who can access and view it.

36

Smartcopying tips…

Material is flushed from the system
regularly


Material copied and communicated under the
Statutory Licences is paid for again every 12 months.
This is because another ‘communication’ of the
material is deemed to have occurred.


Flushing material from a repository that is no longer
required for educational purposes is one practical
way of managing the copyright costs.



37

Smartcopying tips…


In summary, it is best practice to:


Link

to material whenever possible


Ensure that all material is
labelled


Ensure that the
mandatory notice

requirements have been complied with


Limit
what is copied to what is needed for
educational purposes

38

OER
-

Definition


Open Educational Resources (‘OER’) is 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

39

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
.

40

Open Education Resources


Some good OER sites include:

1.
Curriki
:
http://www.curriki.org/xwiki/bin/view/Main/WebHome

2.
OER Commons:
www.oercommons.org/

3.
Encyclopaedia of Life:
www.eol.org/

4.
Comprehensive Knowledge Archive
Network:
www.ckan.net/

5.
Connexions:
www.cnx.org/

6.
Teaching Ideas:
www.teachingideas.co.uk/


The Smartcopying website lists Open Education Resources:

http://www.smartcopying.edu.au/scw/go/pid/936



41

OER and FFE


‘Free for education’ (FFE) material is similar to OER
material in that the copyright owner has given
permission for the material to be used for educational
purposes.


However, FFE material
may not

permit a teacher to
communicate, modify or share the material. This will
depend on the terms and conditions of use of the
material.


Many websites are FFE because their terms and
conditions allow copying for educational purposes.

The Smartcopying website lists FFE:

www.smartcopying.edu.au/scw/go/pid/936

Example


‘You may download, display, print and copy any material at this website, in
unaltered form only, for you personal use, educational use or for non
-
commercial use within your organisation’

www.reconciliation.org.au


42

43

Other Free for Education Initiatives


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:

http://www.smartcopying.edu.au/scw/go/pid/936


44

OER and Creative Commons


Most OER resources use Creative Commons (CC)
licences.


This is because CC are well known, free, easy to use and
no lawyers are needed.


CC
licences

come expressed in three different formats:


Commons Deed (human
-
readable code),


Legal Code (lawyer
-
readable code);


Metadata (machine
-
readable code).



A creator needs only to do one thing
-

select the type of
licence they want from the CC website!

45

OER sites and Creative Commons…

OER SITE

CC LICENCE

OER Commons

http://www.oercommons.org

Curriki

http://www.curriki.org

Openlearn

http://www.open.ac.uk/openlear
n/home.php

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


46


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..

47


CC creates a
“some rights reserved”
model
.



This means that 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
.

What is CC?

48

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

49




Attribution


share alike





Attribution


non
-
commercial


share alike




Attribution


non
-
commercial



no derivatives




Attribution





Attribution
-

non
-
commercial





Attribution
-

no derivatives

Six Standard CC Licences

50



In January 2006, the NLA embarked on a
collaboration with
Flickr

to facilitate the collection
of public contributions to the
PictureAustralia

archive.


The NLA established two
Flickr

groups:



‘Picture Australia: People, Places and Events’
,
a place where people can post images social,
political, contemporary or historical events of
national significance.


‘Picture Australia: Australia Day’

(now
encompassed into the ‘People, Places and
Events’ group)

CC and the National Library of
Australia

51

Australian Cultural Institutes

and Flickr


Other Australian institutes which are
releasing material under a CC licence in
Flickr

include:


State Library NSW

http://www.flickr.com/photos/statelibraryofnsw/


Powerhouse Museum
http://www.flickr.com/photos/powerhouse_museum/


Australian War Memorial
http://www.flickr.com/photos/australian
-
war
-
memorial/

52


The ABC has just launched a new CC
-
friendly social media
space titled
Pool
.


Users create profiles and upload and download material
which they can share with other profile owners and the
public.


Pool contains music, text, images and animations available
under Creative Commons licences.


ABC is also releasing material from its archives onto Pool
under Creative Commons licences.

Check out ABC Pool:

http://www.pool.org.au

CC and ABC Pool

53

CC and the Australian Bureau of
Statistics


ABS website material is licensed under a
CC Attribution Licence:


“Unless otherwise noted, all material on this website


except the
ABS logo, the Commonwealth Coat of Arms, and any material
protected by a trade mark


is licensed under a Creative
Commons
Attribution 2.5 Australia

licence”


54

Smithsonian Institute


Smithsonian Institute website hosts an array of copyright
cleared content from these museums and affiliates free
for use by education.


‘Picturing the 1930’s’ is a new education website by the
Smithsonian Institute which allows teachers and students
to explore paintings, artist memorabilia, historical
documents, newsreels, period photographs and create
videos from this material.
http://americanart.si.edu/education/picturing_the_1930s/index.html


Further, the institute has a photostream of CC licensed
images on Flickr:

http://www.flickr.com/photos/smithsonian/

55

Flickr and International
Institutes


The following museums and institutes have
photostreams

of CC licensed images on
Flickr
:


Imperial War Museum
http://www.flickr.com/photos/imperialwarmuseum/


Library of Congress
http://www.flickr.com/photos/library_of_congress/


National Maritime Museum
http://www.flickr.com/photos/nationalmaritimemuseum/


George Eastman House
http://www.flickr.com/photos/george_eastman_house/


National Media Museum
http://www.flickr.com/photos/nationalmediamuseum/


56

For More Information

Sylvie Saab

sylvie.saab@det.nsw.edu.au


(02) 9561 8730

Alison Davis

alison.davis14@det.nsw.edu.au


(08) 9319 5549

Delia Browne

delia.browne@det.nsw.edu.au


(02) 9561 8876


Smartcopying Website

www.smartcopying.edu.au