Copyright Issues for Australian Schools in the Digital World

66
Copyright Issues for Australian Schools in the Digital World 2012 National Copyright Unit Australian Schools and TAFE www.smartcopying.edu.au

description

Australian teachers can copy and communicate other people's material under special licences and exceptions in the Australian Copyright Act 1968. This presentation talks through what is and isn't permitted under the statutory licences and exceptions and explores some smart and practical ways of managing copyright including using Creative Commons and Open Education material.This presentation was prepared by the National Copyright Unit.

Transcript of Copyright Issues for Australian Schools in the Digital World

Page 1: Copyright Issues for Australian Schools in the Digital World

Copyright Issues for Australian Schools in the

Digital World

2012National Copyright Unit

Australian Schools and TAFE

www.smartcopying.edu.au

Page 2: Copyright Issues for Australian Schools in the Digital World

2

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

Page 3: Copyright Issues for Australian Schools in the Digital World

3

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, iPads, Kindle, MP3 players and mobile phones

Page 4: Copyright Issues for Australian Schools in the Digital World

4

Digital Content Repositories

Many schools and jurisidictions are also creating content repositories.

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.

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

Page 5: Copyright Issues for Australian Schools in the Digital World

5

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 copyrightmaterials without the permission of thecopyright owner.

Page 6: Copyright Issues for Australian Schools in the Digital World

6

Part VB: Statutory Text and Artistic Works Licence

• Under this licence, a teacher can copy and communicate (email, place online) literary, dramatic, artistic and musical works subject to copying limits.

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

Page 7: Copyright Issues for Australian Schools in the Digital World

7

Part VB: Two schemes

The Statutory Text and Artistic Works 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

Page 8: Copyright Issues for Australian Schools in the Digital World

8

Part VB: Common Activities

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, iPads, MP3 players, mobile phones and a USB

Page 9: Copyright Issues for Australian Schools in the Digital World

9

Part VB: 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

Page 10: Copyright Issues for Australian Schools in the Digital World

10

Part VB: Website Terms and Conditions

Terms and Conditions Not Free Free

Personal UsePersonal, non commercialPersonal and non commercialNon-commercial usePersonal 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

Page 11: Copyright Issues for Australian Schools in the Digital World

11

Part VB: Copying Limits

There are specific copying limits under Part VB:

• 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

• Literary or dramatic work of not more than 15 pages available in a published hardcopy or paginated electronic anthology (eg one short story from an e-book of stories or one play from a book of plays)

For more information, see the “Education Licence B” in the“National Copyright Guidelines” at:

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

Page 12: Copyright Issues for Australian Schools in the Digital World

12

Part VB: Copying Limits

Can copy a whole work where:

• The work has not been separately published; or

• The work not commercially available:1. within a reasonable time (6 months for textbooks and 30

days for other material. Reasonable time may be shorter for electronic resources.)

2. 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

Page 13: Copyright Issues for Australian Schools in the Digital World

13

Part VB: Simultaneous Storage Rule

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

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

Page 14: Copyright Issues for Australian Schools in the Digital World

14

Part VB: 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

Page 15: Copyright Issues for Australian Schools in the Digital World

15

Part VA Statutory Broadcast Licence

Covers the copying and communication of:

• Off-air television and radio broadcasts

• Podcasts and webcasts which originated asfree-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

Page 16: Copyright Issues for Australian Schools in the Digital World

16

Part VA: Notice Requirements

• 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

Page 17: Copyright Issues for Australian Schools in the Digital World

17

Part VA: ClickView & Video Commander

Many schools are now using content repositories such as ClickView and Video Commander to copy, store, manage, share and deliver broadcasts to hundreds of viewers at the same time across the schools’ existing network.

Schools can record and store broadcasts around the clock with ClickView 24/7 and share broadcasts with other ClickView schools using ClickView Exchange.

ClickView Home also allows students and teachers to view the school’s ClickView Library at home.

Page 18: Copyright Issues for Australian Schools in the Digital World

Part VA Copyright Implications

These copying and communication activities are permitted under the Statutory Broadcast Licence.

As these technologies facilitate copying and communication activities, costs under the Licence are likely to increase.

Schools should 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.

18

Page 19: Copyright Issues for Australian Schools in the Digital World

19

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

Page 20: Copyright Issues for Australian Schools in the Digital World

21

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.

• 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

Page 21: Copyright Issues for Australian Schools in the Digital World

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

S 200AB: Flexible Dealing Requirements

Page 22: Copyright Issues for Australian Schools in the Digital World

23

S 200AB: Flexible Dealing Uses

1. 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.

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

3. Include short extracts of music in podcasts, films and PowerPoint teaching tools or learning 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

Page 23: Copyright Issues for Australian Schools in the Digital World

24

S 200AB: 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.

• 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

Page 24: Copyright Issues for Australian Schools in the Digital World

25

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

Page 25: Copyright Issues for Australian Schools in the Digital World

26

S 200AB: 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

Page 26: Copyright Issues for Australian Schools in the Digital World

27

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 VANo copying limits.Can format shift.Attach notice when

communicate.

s.200ABLimited format shifting

rights.You cannot buy it.Only copy what you

need.

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

Page 27: Copyright Issues for Australian Schools in the Digital World

28

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 may not include copying by educational institutions for ‘educational use’.

Page 28: Copyright Issues for Australian Schools in the Digital World

2929

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 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

Page 29: Copyright Issues for Australian Schools in the Digital World

3030

YouTube: 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?”

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

Page 30: Copyright Issues for Australian Schools in the Digital World

3131

YouTube: 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

Page 31: Copyright Issues for Australian Schools in the Digital World

32

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’.

See information sheet ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049

Page 32: Copyright Issues for Australian Schools in the Digital World

33

iTunes

It has not been legally determined 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.

See information sheet, ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049

Page 33: Copyright Issues for Australian Schools in the Digital World

34

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.

See information sheet, ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049

Page 34: Copyright Issues for Australian Schools in the Digital World

35

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:

http://www.smartcopying.edu.au/scw/go/pid/1059

Page 35: Copyright Issues for Australian Schools in the Digital World

36

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:

http://www.smartcopying.edu.au/scw/go/pid/1059

Page 36: Copyright Issues for Australian Schools in the Digital World

37

Smartcopying tips…

Link to and bookmark websites 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.

• Bookmarking websites is a good way of saving and sharing links to websites.

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.

Page 37: Copyright Issues for Australian Schools in the Digital World

38

Smartcopying tips…

Attribute source of material.• 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.

See schools labelling information sheet at: “Labelling School Material”: http://www.smartcopying.edu.au/scw/go/pid/530

Page 38: Copyright Issues for Australian Schools in the Digital World

39

Smartcopying tips…

Limit access to relevant students onlyLimiting access to material is an important cost management practice. CAL and Screenrights argue that the value of content increases with the number of people who can access and view it.

Access to s200AB copies must be limited to those students who need to use the material for educational instruction, ie one class as opposed to an entire school.

Page 39: Copyright Issues for Australian Schools in the Digital World

40

Smartcopying tips…

Material is regularly archived or deleted from the systemMaterial 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. This is known as ‘anniversary copying’

‘Flushing content repositories’ is a good way of managing anniversary copying costs. There are two ways of doing this.

Page 40: Copyright Issues for Australian Schools in the Digital World

41

Flushing the Repository

1. Automatic archiving of material:

• Material that is not currently being used for educational purposes but is likely to be used in the future should be archived.

• 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.

Page 41: Copyright Issues for Australian Schools in the Digital World

42

Smartcopying tips…

2. Deleting material from the repository:

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

This will assist in minimising the storage burden on the school as well as ensuring that the school is not incurring anniversary copying fees for material it no longer needs.

Page 42: Copyright Issues for Australian Schools in the Digital World

43

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.

Page 43: Copyright Issues for Australian Schools in the Digital World

44

Smartcopying tips…

In summary, it is best practice to:

• Link to material whenever possible

• Limit what is copied to what is needed for educational purposes

• Ensure that the mandatory notice requirements have been complied with

• Ensure that all material is attributed

Page 44: Copyright Issues for Australian Schools in the Digital World

45

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.

• 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.

Open education and creative commons material is a great alternative!

Page 45: Copyright Issues for Australian Schools in the Digital World

46

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

Page 46: Copyright Issues for Australian Schools in the Digital World

47

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.

Page 47: Copyright Issues for Australian Schools in the Digital World

48

Open Education Resources

Some good OER sites include:- Curriki: http://www.curriki.org/ - OER Commons: www.oercommons.org/- Encyclopaedia of Life: www.eol.org/- Comprehensive Knowledge ArchiveNetwork: 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

Page 48: Copyright Issues for Australian Schools in the Digital World

CC Learn: A way to find OER

CC learn is a division of Creative Commons dedicated to providing an up to date list of OER resources.

http://learn.creativecommons.org

49

Page 49: Copyright Issues for Australian Schools in the Digital World

50

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

Page 50: Copyright Issues for Australian Schools in the Digital World

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

51

Page 51: Copyright Issues for Australian Schools in the Digital World

52

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

Page 52: Copyright Issues for Australian Schools in the Digital World

53

Free for Education: The Learning Federation

The Learning Federation (TLF) delivers high quality digital resources to schools through education department intranets. In NSW, access is through TaLe.

TLF material can also be accessed through Scootle using a password (www.scootle.edu.au/ec/p/home).

TLF resources will be aligned with the Australian Curriculum as it develops and includes cultural material from various museums and organisations, including:

• Museum Australia

• National Sound and Film Archive

• Australian Children’s Television Foundation

• National Library of Australia

Page 53: Copyright Issues for Australian Schools in the Digital World

54

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!

Page 54: Copyright Issues for Australian Schools in the Digital World

55

OER sites and Creative Commons…

OER SITE CC LICENCE

OER Commonshttp://www.oercommons.org

Currikihttp://www.curriki.org

Openlearnhttp://www.open.ac.uk/openlearn/home.php

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

Page 55: Copyright Issues for Australian Schools in the Digital World

56

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..

Page 56: Copyright Issues for Australian Schools in the Digital World

57

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?

Page 57: Copyright Issues for Australian Schools in the Digital World

58

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

Page 58: Copyright Issues for Australian Schools in the Digital World

59

Attribution – share alike

Attribution – non-commercial –share alike

Attribution – non-commercial – no derivatives

Attribution

Attribution - non-commercial

Attribution - no derivatives

Six Standard CC Licences

Page 59: Copyright Issues for Australian Schools in the Digital World

60

Australian Cultural Institutes and CC

Many Australian institutes are using CC:

• National Library of Australia and Picture Australia http://www.flickr.com/groups/PictureAustralia_ppe/ http://www.flickr.com/groups/pa_ourtown/

• 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/

• ABC through Poolhttp://www.pool.org.au

Page 60: Copyright Issues for Australian Schools in the Digital World

Last year, the Australian government agreed in principle to recommendations that PSI should, by default, be released to the public free of charge under a creative commons attribution licence.

In light of this, the Attorney General’s Department is in the process of drafting guidelines to assist Government agencies in adopting creative commons or other open licences when releasing their PSI, including legacy material.

For further information, including a link to the draft guidelines, see: http://agimo.govspace.gov.au/2011/02/01/guest-post-comment-sought-on-draft-public-sector-information-licensing-guidelines/

61

Public sector information and CC

Page 61: Copyright Issues for Australian Schools in the Digital World

62

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”

Page 62: Copyright Issues for Australian Schools in the Digital World

63

Flickr and International Institutes

The following museums and institutes have photostreams of CC licensed images on Flickr:

• Smithsonian Institute http://www.flickr.com/photos/smithsonian/

• 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/

Page 63: Copyright Issues for Australian Schools in the Digital World

Attributing CC material

In addition to providing details of author and copyright owner, title of work and source, CC licences require that you state the type of CC licence the work is available under along with 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.

Open Attribute is a simple tool that makes it easy for users to copy and paste the correct attribution for any CC licensed work.

For further information on attributing CC material, see:

http://www.smartcopying.edu.au/scw/go/pid/956

64

Page 64: Copyright Issues for Australian Schools in the Digital World

Where should I place the attribution? For text resources (eg books, worksheets, PowerPoint slides

etc), include the attribution details next to CC work or as the footer along the bottom of the page on which the CC work appears.

For video works, include the attribution information near the work as it appears on screen during the video.

For sound recordings (eg podcasts), mention the name of the artist during the recording (like a radio announcement) and provide full attribution details in text near the podcast where it is being stored (eg blog, school intranet, learning management system etc).

For further information on attributing CC material, see:

http://www.smartcopying.edu.au/scw/go/pid/956

65

Page 65: Copyright Issues for Australian Schools in the Digital World

Example: Image licensed under CC Attribution licence

66

Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685

Page 66: Copyright Issues for Australian Schools in the Digital World

67

For More Information

Sylvie SaabNational Copyright Officer

[email protected](02) 9561 8730

Carl RuppinNational Copyright [email protected]

(02) 9561 1267  

Delia BrowneNational Copyright Director

[email protected](02) 9561 8876

www.smartcopying.edu.au