AIS IT Conference Day 14 May 2010 Copyright in the Digital World Sylvie Saab National Copyright Officer National Copyright Unit

2 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 See information sheets: “Using wikis and blogs” “YouTube: Use by Teachers”

3 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.

4 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.

5 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. Covers text books, 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.

6 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

7 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 (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, MP3 players, mobile phones and a USB

8 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:

9 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 '©'.

10 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 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:

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

13 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:

14 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”:

15 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:

16 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?” :

17 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?” :

18 s.200AB: Flexible Dealing Rely on flexible dealing when no statutory licence or free use exception applies to your use. Teachers may copy videos (eg YouTube, TeachersTube) 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?”:

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 Flexible Dealing Requirements

20 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?”

21 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”

22 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?” “Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”:

23 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?”

24 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

25 Tricky copyright areas: YouTube, iTunes and iTunes U Teachers are increasingly using YouTube videos, iTunes music and applications as well as iTunes U content. The terms of YouTube, iTunes and iTunes U provide that the content can only be used for ‘personal, non-commercial’ use. This does not include copying by educational institutions for ‘educational use’.

26 Tricky copyright areas: YouTube, iTunes and iTunes U It is arguable that some of these contracts are not enforceable due to insufficient notice of the terms and conditions to the consumer. However, in cases such as iTunes where the consumer is prompted to accept the terms and conditions during purchase, it is likely that the contract terms and conditions are enforceable.

27 iTunes Can I play music purchased from iTunes in class? 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". The terms and conditions are likely to be enforceable because the purchaser is given sufficient notice prior to purchase. The purchaser is prompted to ‘accept’ the terms and conditions. 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?”

28 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: See information sheets: “YouTube: Use by Teachers” “Teachers Tube: Use by Teachers”

29 Practical Alternatives: 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” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?”

30 Practical Alternative: 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. ( 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?”

31 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.

32 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.

33 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.

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… In summary, it is best practice to: Link to material whenever possible Ensure that all material is labelled Ensure that the mandatory notice requirements have been complied with Limit what is copied to what is needed for educational purposes