Copyright Issues in the Digital World Sylvie Saab National Copyright Officer National Copyright Unit MCEETYA

2 Smartcopying Website National Copyright Guidelines Practical and simple information sheets and FAQs Interactive teaching resources on copyright Search the site for answers to your copyright questions Have a copyright query? see: for:

3 New Improved Website

4 Presentation Outline 1.What can I copy and communicate? 2.Smartcopying 3.Practical Tips

5 1. What can I copy and communicate? There is a lot that teachers can do already! 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. 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 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 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, 2 articles 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:

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) 9cPhotocopy Artistic 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 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”:

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 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 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?” :

16 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?” :

17 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?”:

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

19 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?”

20 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 2006 – What am I allowed to do?” “Technological Protection Measures and the Copyright Amendment Act 2006”

21 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 am I allowed to do?”

22 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.

Part VA, VB and s 200AB Part VB Copying limits: 10% or 1 chapter of book, 10% of words on 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

24 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

25 YouTube Can I stream YouTube videos in class? A teacher may stream YouTube videos in class under s 28. The streaming may be directly from the YouTube website or through a link to a YouTube video embedded on another website. See information sheets: “YouTube: Use by Teachers” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?”

26 YouTube Can I copy YouTube videos from home and use them as part of my teaching practice? There is NO clear answer! You may be able copy a YouTube video and use it in class under s 200 AB BUT the terms and conditions of YouTube may not strictly allow this. 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: See information sheets: “YouTube: Use by Teachers” “Teachers Tube: Use by Teachers”

27 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 a class blog or wiki. Example: The YouTube website provides information on how to embed links to YouTube videos. ( 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” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?”

28 Itunes Can I play music purchased from iTunes in class? There is NO clear answer! 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". 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?”

29 2. Smartcopying Smartcopying initiatives are smart ways of reducing copyright costs and ensuring copyright compliance. Some Smartcopying initiatives include: Using Free for Education and Open Education material Labelling materials

30 Free for Education Material: A great alternative! 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. Free for education material is a great alternative!

31 Free for Education: NEALS NEALS is a licence between the education departments of the various states and territories, DEEWR and the Catholic and Independent school sectors. It allows Australian schools to copy and communicate print and digital material for educational use free of charge from each other’s websites and publications.

32 Free for Education Websites Not all material on the internet is ‘free’. Some websites allow copying for educational purposes. For example, Australian Screen “You may save, copy, print, distribute or download for your own personal use or for non-commercial educational purposes only.” Other Free for education websites include: Enhance TV: Australian Culture and Recreation Portal: Museum Victoria: See the Smartcopying website for a list of free for education websites:

Website Terms and Conditions Terms and ConditionsRemunerableNon-remunerable 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 No terms and conditions, but contains a copyright statement No terms and conditions Copying not permitted Password ProtectedCheck Register

34 Free for Education: Creative Commons: Material available under Creative Commons (CC) licences are ‘free for education’. CC material is a good alternative because: Teachers are not restricted by complex copying limits. Depending on the CC licence, teachers can modify and remix the material. It can be accessed by parents and the community. Is available for free. See the Creative Commons information pack on the Smartcopying website:

35 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 Creative Commons information pack on the Smartcopying website: CC Primary Licence Elements

36 Attribution – share alike Attribution – non-commercial – share alike Attribution – non-commercial – no derivatives Attribution Attribution - non-commercial Attribution - no derivatives Six Standard CC Licences

37 Some popular websites which host CC material include: Images: Flickr: Open Photo: Video Blip tv: Revver: Music ccMixter: Magnatune: There are many more! See the Creative Commons information pack on the Smartcopying website: CC Resources

38 Photo of Eiffel Tower taken from this would be counted for a royalty payment by CAL Photo of Eiffel Tower taken from Flickr under a creative commons licence - this would NOT be counted for a royalty payment

39 ‘Dynamic Calculus’ is a collection of interactive learning objects for teaching calculus developed by the Centre of Learning Innovation. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. ‘Dynamic Calculus’: New NSW DET CC Resource

40 ‘Tensile Testing’ is a video based resource developed by CLI which takes students on a virtual excursion to investigate materials testing. A resource for senior school students of Engineering Studies and Industrial Technology, and for vocational education students in areas of Design, Building services, Manufacturing and Mechanical. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. 40ca-98f8-8e3d9e9ed09c) ‘Tensile Testing’: New NSW DET CC Resource

41 ‘Forces and Fields’ is an audio visual resource developed by CLI for senior Physics students. It contains in-depth and varied interactive activities in the areas of electric, magnetic and gravitational forces and fields, across 10 individual sections. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. ‘Forces and Fields’: New NSW DET CC Resource

42 The NLA has the largest reference library in Australia NLA launched the PictureAustralia portal in 2000 In January 2006, the NLA established a Flickr group titled ‘People, Places and Events’ ( The public 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

43 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: CC and ABC Pool

44 1.Powerhouse Museum: 2.Artabase: 3.Australian Creative Resources Online: CC and Australian Culture

45 Open Education Resources OER are digitised materials offered freely and openly for educators, students and self learners to use and reuse for teaching, learning and research. Some good sites are: 1. (Curriki) 2. (OER Commons) 3. (Encyclopaedia of Life) 4. (Comprehensive Knowledge Archive Network) 5. (Connexions) 6. (Teaching Ideas) 7. (Open University)

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

47 Copyright Owned by Catholic Education Commission NSW (available under NEALS) © Catholic Education Commission NSW 2007

48 Direct Licence Obtained from Copyright Owner (not available under NEALS) Reproduced and made available for copying and communication by the Catholic Education Commission NSW for its educational purposes with the permission of Planet Publishing Pty Ltd

49 Copied Under VB (from the Internet) Copied Under Part VB, F Migan, accessed 10 May 2007 See information sheet ‘Labelling School Print Course Material’

50 Original Chart: Cogdogblog (Flickr) Made available under Creative Commons 2.0 Attribution Licence: Available at: Labelling CC Material

51 3. Practical Tips in the Digital World Remember just because it is publicly available on the internet does not mean it is “free”. Look for Creative Commons, Free for Education and Open Education Materials (E.g. use images from Flickr rather than Google). Always label material properly. Link to websites on an interactive whiteboards, LMS, wikis, blogs or the school intranet instead of copying the content.

52 Practical Tips in the Digital Word Material copied and stored under the statutory licences or flexible dealing on a LMS, wiki, blog or the school intranet: Must be password protected Should be reviewed regularly so as to avoid another payment being made after a 12 month period under the Statutory licences. For wikis and blogs that are ‘open’ to the public, only use Creative Commons or other ‘free for education material’. Never circumvent an ATPM.

53 For More Information Delia Browne (02) Gabrielle Mackey (02) Sylvie Saab (02) Smartcopying Website