VITTA Presentation 1 June 2011 Copyright in the digital world Sylvie Saab National Copyright Officer National Copyright Unit

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.

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, MP3 players and mobile phones.

4 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.

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 copyright materials without the permission of the copyright owner.

6 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. This licence covers textbooks, 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.

7 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.

8 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 (e.g. 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 on to potable devices including iPods, MP3 players, mobile phones and a USB.

9 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:

10 Website terms and conditions Schools pay to copy and communicate material where the website: Contains no terms or conditions of use (or no terms and conditions but a 'standard' © notice). Contains the following in its terms of use: personal use permitted (including personal, non- commercial use); copying not permitted; any reference to copyright protection such as '©'.

Website terms and conditions Terms and conditionsNot freeFree 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 11

12 Statutory Text and Artistic Licence: Copying limits Limits on copying: 10% of a literary work or one chapter of a book, 10% of words on a website or CD-ROM. One article from 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:

13 Statutory Text and Artistic Licence: Simultaneous Storage Rule The Statutory Text and Artistic Licence does not allow for two parts of a work, e.g. two 10% excerpts of a text book, to be online at the same time. To minimise risk of infringement, measures must be taken to restrict access to this material to relevant classes only.

14 Statutory Text and Artistic Licence: Mandatory notice You must attach a mandatory notice to all copies made available on an interactive whiteboard, LMS, wiki, blog or school intranet. This noticed is required by the Copyright Act. A copy of this is available on the Smartcopying website at:

15 Statutory Text and Artistic Licence: Remuneration agreement This year, schools entered into a commercial agreement (‘Remuneration Agreement’) with the Copyright Agency Limited (CAL) for rates paid under the Statutory Text and Artistic Licence. A single rate of $16.00 per FTE is paid for both hardcopy and electronic copying. Each year, the rate will increase by CPI. The Remuneration Agreement will expire in Prior to the Remuneration Agreement, Schools paid an interim FTE rate of 93.5 cents under the EUS.

16 Statutory Text and Artistic Licence: Photocopy rates Prior to the Remuneration Agreement, photocopy rates were based on volume copying captured through the sample survey done in selected schools each year. RateActivityWork 6cPhotocopyLiterary work (inc. timetables) 11cPhotocopy Artistic work (inc. graphs and tables) 11cPhotocopyPoem 8cPhotocopyShort story or play 55cPhotocopyOverhead or transparency

17 Hardcopy costs on the rise Costs under Part VB Hard Copy Scheme Australian Schools

18 Part VA Statutory Broadcast Licence 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”:

19 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:

Agreement with Screenrights In 2010, schools began negotiations with Screenrights for a new FTE rate. Prior to finalising the new rate, Screenrights provided copying data for the years 2007, 2008 and This data was compiled from copying data collected from schools during survey periods as well as copying data provided to Screenrights from Resource Centres. 20

Screenrights data The data demonstrated some alarming trends: Schools copying increased 45% from 2007 – 2009 The copying from Resource Centres on behalf of Schools increased 214%. The above equates to an average of 181% increase in the copying and communication of broadcasts under the Part VA Statutory Licence. 21

New rates Set out below are the rates under the Screenrights licence: 2010/11 - $4.77 per FTE (inclusive of CPI) 2011/12 - 5% increase: $5.01 per FTE (plus CPI) 2012/13 - 5% increase: $5.26 per FTE (plus CPI) 2013/14 - 5% increase: $5.52 per FTE (plus CPI) 2014/15 - $5.52 per FTE (plus CPI) 22

23 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?” :

24 s28 Uses 1.Display or project material to the classroom via interactive whiteboard (ie. viewing websites such as YouTube) or PowerPoint. 2.Use an electronic delivery system to transmit a television program or film from a central DVD player in the library to a monitor in the classroom. 3.Communicate material to external students using virtual classroom software. 4.Play a film from the school intranet or LMS to a class. 5.Recite a poem to a virtual class using Skype. See information sheet: “Performance and Communication of works and audio-visual material – What am I allowed to do?” :

25 s.200AB: Flexible dealing Rely on flexible dealing when no statutory licence or free use exception applies to your use. Teachers may copy videos (e.g. YouTube) and sound recordings (e.g. 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?”:

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 Yes Flexible dealing requirements 26

27 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 (e.g. 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 VHS/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?”

28 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?” “Technological Protection Measures and the Copyright Amendment Act 2006”

29 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 (e.g. 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?” “Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”:

30 Flexible dealing dos and don’ts Try not to copy more than you need. If you copy too large an amount, it might not be covered by this exception. Access to s 200AB copies must be limited to those students who need to use the material for a class exercise, homework or research task Remove the s 200AB copy from the learning management system, school intranet, class blog/wiki, portal or interactive whiteboard gallery as soon as practical once it is no longer required for the class, homework or research task. Label s 200AB copies with words similar to: ‘Copied under s200AB of the Copyright Act 1968’ See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?”

31 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 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

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. See schools labelling information sheet at: “Labelling School Material”:

34 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.

35 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.

36 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.

37 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.

38 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!

39 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:

40 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.

41 Open Education Resources Some good OER sites include: - Curriki: - OER Commons: - Encyclopaedia of Life: - Comprehensive Knowledge Archive Network: - Connexions: - Teaching Ideas: Smart History: The Smartcopying website lists OER:

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. 42

43 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:

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’ 44

45 Other Free for Education initiatives A number of organisations have agreed to make their online material free for education: Enhance TV Website Museum Victoria Cancer Council World Vision Material available on these websites can be copied for ‘educational purposes’. The Smartcopying website lists FFE websites:

46 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 ( 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

47 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!

48 OER sites and Creative Commons… OER SITECC LICENCE OER Commons Curriki Openlearn n/home.php Teaching Ideas

49 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: CC makes copyright easy...

50 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?

51 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: CC Primary Licence elements

52 Attribution – share alike Attribution – non-commercial – share alike Attribution – non-commercial – no derivatives Attribution Attribution - non-commercial Attribution - no derivatives Six standard CC licences

53 Australian cultural institutes and CC Many Australian institutes are using CC: National Library of Australia and Picture Australia e/ e/ State Library NSW Powerhouse Museum um/ um/ Australian War Memorial memorial/ memorial/ ABC through Pool

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: post-comment-sought-on-draft-public-sector-information-licensing- guidelines/ post-comment-sought-on-draft-public-sector-information-licensing- guidelines/ 54 Public sector information and CC

55 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”

56 Flickr and international institutes The following museums and institutes have photostreams of CC licensed images on Flickr: Smithsonian Institute Imperial War Museum Library of Congress National Maritime Museum George Eastman House National Media Museum

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 ( 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: 57

Where should I place the attribution? For text resources (e.g. 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 (e.g. 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 (e.g. blog, school intranet, learning management system etc). For further information on attributing CC material, see: 58

Example: Image licensed under CC Attribution licence 59 Eid Mubarak by Hamed Saber available at

Smartcopying resources Information sheets/guides Using Digital Content Repositories: Copyright Compliance Manual for Schools: Copyright Compliance Manual for TAFE: Understanding Website Terms and Conditions: Creative Commons information pack: Using Wikis and Blogs: Using YouTube: Using iTunes: Mandatory statutory notice for: Part VA: Part VB: 60

61 For more information Sylvie Saab (02) Alison Davis (08) Delia Browne (02) Smartcopying Website