Part One - 'Copyright Basics'

Copyright Issues in the Digital World

2012National Copyright Unit

Australian Schools and TAFE www.smartcopying.edu.au

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Smartcopying Website

• National Copyright Guidelines for Schools and TAFEs

• Practical and simple information sheets and FAQs

• Interactive teaching resources on copyright

• Search the site for answers to your copyright questions

www.smartcopying.edu.au

Outline of Presentation

1. Copyright Basics

2. New Technologies and the Current Copyright Framework

3. Music Licences

4. Smartcopying Tips

5. Open Education, Free for Education and Creative Commons

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Part 1

Copyright Basics

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What is copyright?

• Copyright is part of the intellectual property family.

• Copyright is a bunch of rights in a creative work which can be used to stop others from copying the creative works without permission.

• At its most basic, copyright is simply the exclusive ‘right to copy’.

• Copyright does not protect ideas. The idea must be ‘written down’ or otherwise recorded in material form.

• Copyright protection is automatic. It applies as soon as a creative work is created.

• No registration process is required and there is no need to put a copyright notice on the work for copyright to apply.

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Material Protected by Copyright

Artistic Literary Musical Dramatic

• paintings

• illustrations

• sculptures

• graphics

• cartoons

• photographs

• drawings

• maps

• diagrams

• buildings

• models of buildings

• moulds and casts for sculptures

• novels

• textbooks

• newspaper and magazine articles

• short stories

• journals

• poems

• song lyrics

• timetables

• technical manuals

• instruction manuals

• computer software

• melodies

• sheet music

• pop songs

• advertising jingles

• film score

• plays

• screenplays

• mime

• choreography

Examples of ‘Works’

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Material Protected by Copyright

Films Sound

RecordingsBroadcasts

Published Editions

• cinematographic films

• DVDs

• television advertisements

• music videos

• interactive games

• interactive films

• vinyl music or voice

• CD

• DVD

• audio cassette tapes

• digital recordings (eg MP3 or AAC files)

• podcasts

• radio and TV broadcasts

• podcasts and webcasts of the above

• typesetting(the layout and look of a publication)

Examples of ‘Other Subject Matter’

Copyright Basics

• The creator of the material, such as the writer, the composer or the artist, is usually the owner of the copyright.

• Copyright owners have the exclusive right to reproduce, communicate and perform their work.

• Copyright is infringed when the copyright owner’s rights are exercised without their permission.

• Only the copyright owner can licence (grant permission) or sell these rights to someone else.

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Copying Activities scanning downloading

printing Saving to usb/disc/hardrive

Photocopying

Saving to mobile phone / smartphone / iPod / iPad

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Communication Activities

place online (eg. on internet, learning

management system, wiki or blog for students)

Emailing to students

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Performance Activities

playing films and sound recordings

singing songs

playing instruments

acting out a play

reciting a poem

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General rule of copyright

• Copyright law says that users must ask the copyright owner for permission to copy, communicate or perform their material.

• The only exception to this rule is where the Copyright Act says you don’t have to.

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Teachers and students arecopying, communicating and

performing other people’smaterial for educational

purposes on a daily basis.

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Teachers and students copy and communicate the following for educational purposes:

CDs films online videos DVDs podcasts song lyrics photographs

MP3 files newspaper articles drawings

e-books and textbooks iTunes

TV and radio programs YouTube

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Most of these materials are accessed from the internet:

Website materialOnline subscriptions

Online storesGoogle Maps and Google Earth

CD Roms

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And used on a number of different platforms:

laptops interactive whiteboards blogs

intranet mobile phones wikis

learning management systems ipods

iPads Kindle MP3 players iPhones

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Digital Content Repositories

• Many schools and jurisdictions 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.

For further information see: http://www.smartcopying.edu.au/scw/go/pid/1020

• There is a lot that teachers and students can do with other people’s material.

• This is because there are special:

– Statutory licences

– Free use exceptions

in the Australian Copyright Act which allow teachers and students to use copyright material without having to ask the permission of the copyright owner.

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What can teachers and students copy, communicate and perform?

Teachers

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Part VB: Statutory Text and Artistic Works Licence

Teachers can copy and communicate a reasonable portion of literary, artistic,

musical and dramatic works in hardcopy and digital format for educational purposes.

This licence is administered by the Copyright Agency Limited (CAL).Copyright fees are paid to CAL by the education sector for the

copying and communication of text and images under Part VB.

For further information, see http://www.smartcopying.edu.au/scw/go/pid/700

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Part VA: Statutory Broadcast Licence

Teachers can copy and communicateTV and radio programs for educational

purposes.

This licence is administered by Screenrights which is a collecting society. Copyright fees are paid to Screenrights by the education

sector for the copying and communication of TV and radio programs under Part VA. These fees are distributed to copyright owners.

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

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Free Use Exception: s 28

Does not apply to copying.

Teachers can communicate and perform material in class.

For further information see: http://www.smartcopying.edu.au/scw/go/pid/544

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Free Use Exception:Flexible Dealing

Teachers can copy and communicate limited amounts of film and sound recordings (not

covered by Part VB) for educational instruction.

For further information, see: http://www.smartcopying.edu.au/scw/go/pid/542

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Miscellaneous Free Use Exception: s106(b)

Schools can play sound recordings atschool events.

eg. school concert, sports day andgraduation ceremony.

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Miscellaneous Free Use Exception: s200(a)

Teachers can copy literary, artistic,musical and dramatic works by hand.

eg copying a poem, song lyrics or a picture froma book by hand on an interactive whiteboard or

projector.

For further information, see: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guideline

sContainer/1_1

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Miscellaneous Free Use Exception: s200(b)

Teachers can copy literary, artistic, musical and dramatic works for:

•compiling exam questions and •answering exam questions.

For further information, see: http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guideline

sContainer/1_2

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Miscellaneous Free Use Exception:s 22 (6A)

This section confirms that reading from the internet or clicking on a hyperlink to gain access to a webpage is not a copyright activity.

In its case against the Schools in the Copyright Tribunal, CAL argued that reading from the Internet infringed copyright.

It argued that the act of clicking on a hyperlink was a communication to the public.

The Copyright Tribunal did not agree and the Copyright Act was amended to confirm that linking is not a copyright activity.

This makes linking a smart way to manage copyright.For further information, see: http://www.smartcopying.edu.au/scw/go/pid/756

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Miscellaneous Free Use Exception:s 200 (AAA)

This section confirms that proxy caching does not infringe copyright.

In its case against the Schools in the Copyright Tribunal, CAL argued that proxy caching involved the reproduction of a work, which was a remunerable activity under the Part VB licence.

The Copyright Tribunal did not agree and s 200 (AAA) was introduced to confirm that proxy caching is not a remunerable activity.


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Students

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Fair Dealing: s 40

Students can use a reasonable portion of literary, artistic, musical and dramatic works for the

purpose of research or study. eg. schoolwork and homework

Reasonable portion is defined to be 10% of the number of pages or one chapter if the work

divided into chapters.For further information, see: http://www.smartcopying.edu.au/scw/go/pid/1016

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Fair Dealing: S 103C

Students can use limited amounts of film and sound recordings for research and study.

eg. schoolwork and homework

The Copyright Act is silent on how much of a film or sound recording the student can copy for

research and study.


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Fair Dealing

• As a general rule, students should only copy what is necessary for their research and study to ensure that their use is ‘fair’.

• In most cases, this will only be an extract of the work and not the whole work. eg:

• When preparing an essay, a student is likely to copy several pages from a book or an article from a journal.

• When reviewing a song or film, a student is likely to copy extracts of the song or film.


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Fair Dealing

In limited circumstances, students can copyan entire work where it is necessary for their

research or study.

eg. A student may need to copy an entire short poem or image of a painting when preparing a

critique on the poem/painting.


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Attributing Material

Students should always label other people’s material with the name of the copyright owner and author (if different to the copyright owner), the title of the work and where it was copied

from.

eg. Martin Young, ‘Rainbows in Rain’ from ‘21st Century Poetry’, Penguin Publishing, 2010

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Smartcopying tips for students

In general, students should:Use links• Linking is not a copyright activity because you are not actually

‘copying’ or ‘communicating’ any material. You are just providing a path to the material as it is located on another website.

Use embedded links• Embedding is another type of linking, except you don’t have to

leave the content repository to access the material.

• Like linking, embedding material is not a copyright activity.


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Smartcopying tips for students

Use their own material• If students are using material that is their own your own original work and

does not contain other people’s material, they do not need to rely on fair dealing to use the material.

• This is because they own copyright in the material.

Use Creative Commons (CC) material• All CC material can be used by students for their classroom work and

homework. This is because the copyright owner of this material has granted permission for the material to be used for educational purposes.

• Therefore, a student does not need to rely on fair dealing to use the material as part of their classroom work or homework.

More on CC in Part 5For further information, see: http://www.smartcopying.edu.au/scw/go/pid/1016

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I would like to exhibit student works containing other people’s material on a password protected blog.Can I do this?

•Teachers can copy and communicate student works on password protected content repositories such as blogs, wikis, learning management systems and the school intranet under fair dealing for research and study.

•Students own copyright in the original work they produce. Therefore, schools should obtain permission from the students’ parents to upload original student works on content repositories.

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A group of students in my class have created a video on the environment which they want to enter into a Greenpeace competition. The video contains footage from SBS News.Will the students be infringing copyright in the footage if they enter the video into the competition?

•The students will not be infringing copyright if the video was originally created as part of their classroom/homework activities.

•The students would have copied the footage to include in the video under fair dealing for the purpose of study and research and this defence will continue to apply to allow the students to enter their work into the competition.

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• However, if the video was not created as part of the student’s school work/homework, fair dealing for research and study will not apply.

• In this case, the students will need to seek permission from SBS to use the news footage in their video for the purposes of entering into the competition.

Note: Students will also need to check competition entry terms as they may require that all entries to have obtained permission from copyright owners for the use of their material in the work even where fair dealing applies.

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‘All Right to Copy’ teaching resource

• ‘All Right to Copy?’ is an interactive audio-visual resource for students on copyright

Available on the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/821

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Part One - 'Copyright Basics'

Education

Transcript of Part One - 'Copyright Basics'