1 Open Education Resources: Sharing Nicely 30 March 2008 Delia Browne National Copyright Director Schools Resourcing Taskforce MCEETYA Open Education Resources

2 1.Current copyright framework 2.Some copyright challenges 3.Open Education Resources: A practical alternative 4.Open Education and Creative Commons 5.Free for Education Material Presentation Outline

3 Have a copyright query? See: Smartcopying contains practical copyright advice through... ●Simple information sheets ●FAQs based on copyright queries from teachers ●Interactive audio visual teaching and learning resources Smartcopying Website

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5 There is a lot that schools can do with copyright material! There are: A.Statutory Licences B.Voluntary Licences C.Free Use Exceptions That allow schools to use copyright materials without the permission of the copyright owner. 1. Current copyright framework

6 Part VB Statutory Text and Artistic Licence Under this licence, a teacher can copy and communicate literary, dramatic, artistic and musical works. This includes copying text books, newspaper articles, paintings, diagrams, photographs, sheet music, song lyrics, plays, poems, maps etc.

7 Statutory Text and Artistic Licence Has two schemes: 1.Hard Copying: photocopying of hard copy print and artistic material 2.Electronic Use Scheme (EUS): copying and communicating electronic print and artistic material

8 Statutory Text and Artistic Licence Activities covered by the EUS include: 1.Scanning a hard copy book 2.Printing, saving and downloading material from the Internet and electronic resources such as CD Roms and E-books 3.Uploading material onto a school intranet, learning management system (LMS), class wiki or blog, or interactive whiteboard 4.Copying material on potable devices including iPods, MP3 players, mobile phones and a USB

9 There are strict limits on copying: Up to 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, 2 articles if on the same subject matter You may 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: Statutory Text and Artistic Licence

10 Part VB Rates: Photocopying Photocopy rates based on volume copying captured through the sample survey done in selected schools each year: RateActivityWork 5cPhotocopyLiterary work (inc. timetables) 9cPhotocopyArtistic work (inc. graphs and tables) 9cPhotocopyPoem 7cPhotocopyShort story or play 41cPhotocopyOverhead or Transparency

11 Part VB: EUS Rates The EUS rate is an interim FTE rate of 93.5 cents. If you want to put the copy on an interactive whiteboard, LMS, wiki, blog or school intranet, you must attach a notice. This notice can be accessed at:

12 Educational Licences: Copyright Costs on the Rise $0 $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 $45,000,000 $50,000, Costs under Part VB Statutory Licence Australian Schools

13 Statutory Educational Licences – Part VA Covers the copying and communication of: Off-air television and radio broadcasts Podcasts and webcasts which have 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”:

14 Part VA: Statutory Broadcast Licence No limit on how much you can copy. Format shifting is permitted. Fees are paid on a FTE basis. If you want to put a copy on an interactive whiteboard, LMS, wiki, blog or school intranet, you must attach a notice This notice can be accessed at:

15 Section 28 is a ‘free’ exception for schools to perform and communicate copyright material in class Examples of what you can do under s.28: –Display or project material to the classroom via interactive whiteboard or PowerPoint. –Communicate material to external students using virtual classroom software –Play a film from the school intranet or content management system to a class See information sheet “Performance and Communication of works and audio-visual material – What am I allowed to do?” at: s.28: Performance and Communication

16 s.200AB: Flexible Dealing Rely on flexible dealing when no statutory licence or free use exception applies to your use. There are specific requirements which must be met. 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?”:

17 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? Other exceptions include s28 and s200 -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 Yes Free Use Exceptions: s.200AB

18 1. Make captioned versions of films for hearing impaired students when it is not possible to buy the captioned version 2.Convert 8-track or VHS tapes to DVD when it is not possible to buy a DVD of that sound recording or film 3.Compile short extracts of audio-visual material for use in class when it is not possible to purchase similar teaching resources 4.Translate an extract of an Australian novel into French for a French language class 5.Include short extracts of music in PowerPoint teaching aids See information sheet “Flexible Dealing and the Copyright Amendment Act 2006 – What all I allowed to do?” at s.200AB: 5 common uses by Schools

19 Flexible Dealing and ATPMs A BIG PROBLEM: You must not remove/disable an Access Technological Protection Measure (ATPM) in order to make another copy or a format shifted copy. Most commercial DVDs are protected by an ATPM which means that you cannot format shift them into digital format. See information sheets: “Format Shifting and the Copyright Amendment Act What am I allowed to do?” “Technological Protection Measures and the Copyright Amendment Act 2006”

20 Flexible Dealing Dos and Don’ts Do not use pirated material. ‘Just in case’ format shifting is not permitted. Try not to copy more than you need. If you copy too large an amount, it might not be covered by this exception. It is good practice to label copies you are keeping with words similar to: ‘ Copied under s200AB of the Copyright Act 1968’ See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What all I allowed to do?”

21 s28, s200AB, Part VA &VB Overlap Can display material using an interactive whiteboard, LMS, wiki, blog or intranet under s.28 (ie stream videos from YouTube, link to websites to display content) If the material is copied and stored onto the interactive whiteboard, LMS, wiki, blog or intranet, different provisions apply.

22 Part VA, VB and s 200AB 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 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 DVD/Video (not a broadcast) into digital format (MP4) Cassette Tapes and CDs CDs into digital format (MP3) Type of Material Copied and Communicated Under

23 Part VA, VB and s 200AB Copying Limits? Format Shift? Modify Content? Notice Required ? Fee Paid? Part VA NOYESNOYES Part VB YESNO YES s. 200AB YES NO

24 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 material is a great alternative! 2. Some copyright challenges

25 Using open education resources (OER) will enable teachers to overcome these barriers. OER are digitised materials offered freely and openly for educators, students and self learners to copy, modify and reuse for teaching, learning and research. This is particularly important in the digital era where content can be created, accessed and shared in new and exciting ways globally. 3. Open Education Resources: A practical alternative

26 There are many Open Educational Resources now available on the internet. These sites contain: –Curriculum material –Lectures –Lesson plans –Classroom activities –Homework assignments –Quizzes Open Education Resources

27 Some good sites are: 1.Curriki: 2.OER Commons: 3.Encyclopaedia of Life: 4.Comprehensive Knowledge Archive Network: 5.Connexions: 6.Teaching Ideas: The Smartcopying websites contains a list of where you can find open education resources: Open Education Resources

28 Many open education resources use Creative Commons (CC) licences. Creative Commons is a not for profit organisation based in America. CC IDEALOGY: Make creative material more usable by the public! CC provides a suite of free licences for creators to use on its website: 4. Open Education Resources and CC

29 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. A ‘some rights reserved’ copyright

30 There are 4 primary licence elements: Attribution – attribute the author Non-commercial – no commercial use No Derivative Works – no remixing ShareAlike – remix only if you let others remix CC Licence Elements

31 Attribution-ShareAlike Attribution-Noncommercial-ShareAlike Attribution-Noncommercial-NoDerivatives CC Standard Licences Attribution Attribution-Noncommercial Attribution-NoDerivatives

32 CC and OER OER SITECC LICENCE OER Commons Curriki Openlearn Teaching Ideas

33 How to find CC material CC material is EASY to find because metadata is built into the CC licence. Search engines with dedicated CC functions include Google, Yahoo, Flickr and Firefox. One practical way of finding CC material is through the CC website at See information sheet: “Creative Commons Resources for Schools” for a list of Creative Commons websites

34 How to find CC material Go to and select the “Search CC licensed work” icon. You can then search for CC material using search engines Google and Yahoo, and in websites, Flickr, Blipt.tv, OWL Music and SpinExpress.

35 CC Learn: A way to find OER ccLearn is a division of Creative Commons dedicated to providing an up to date list of OER resources.

36 New opportunities for Education CC creates new opportunities for content creators and users such as students and teachers. CC licences promote a more dynamic and liberal use of content. This makes CC material well suited to the digital content landscape.

37 The NLA has the largest reference library in Australia. NLA launched the PictureAustralia portal in ( In January 2006, the NLA established a Flickr group titled ‘People, Places and Events’ ( It is a place where people can post images social, political, contemporary or historical events of national significance. Other groups have since been established such as ‘Ourtown’ ( ) CC and the National Library of Australia

38 ABC Pool and CC The ABC has just launched a new CC-friendly social media space entitled Pool.

39 CC and Institutions More examples of Australian Culture and CC: 1. Powerhouse Museum: 2. Artabase: 3. Australian Creative Resources Online:

40 Some popular websites which host CC material include: ●Images: Flickr: Open Photo: ●Video Blip tv: Revver: ●Music ccMixter: Magnatune: There are many more! See information sheet: “Creative Commons Resources for Schools” for a list of Creative Commons websites CC Resources

41 5. Free for Education Not all material on the internet is ‘free’. Some websites allow copying for educational purposes. Some examples include: 1.Australian Screen Enhance TV Australian Culture and Recreation Portal Museum Victoria Material available on these websites can be copied for ‘educational purposes’.

42 Australian Screen Terms and Conditions “You may save, copy, print, distribute or download for your own personal use or non- commercial educational purposes only”

43 Website Terms and Conditions Terms and ConditionsRemunerableNon-remunerable Personal Use Non-commercial use Use in your organisation Free copying Free for education No terms and conditions, but contains a copyright statement No terms and conditions Copying not permitted Password ProtectedCheck Register

44 If you are using CC, free for education or open education resource material, it is important that you label this material. This is to ensure that your school or educational body does not pay for it. Will soon have an information sheet on attributing CC material on the Smartcopying website. Labelling CC, FFE and OER material

45 Labelling CC, FFE and OER Material Original Chart: Cogdogblog (Flickr) Made available under Creative Commons 2.0 Attribution Licence: Available at: For more information, see ‘Labelling School Material’ on the Smartcopying website at:

46 Delia Browne (02) Gabrielle Mackey (02) Sylvie Saab (02) Smartcopying Website Creative Commons Website For more information…