Copyright in a Digital World - Open Education Resources 18 June 2014 ISLA Day Jessica Smith National Copyright Officer National Copyright Unit

National Copyright Unit (NCU) The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for copyright policy and administration for the Australian school and TAFE sector. This involves: Managing the obligations under the educational statutory licenses Advocating for better copyright laws on the School and TAFE sector’s behalf Educating the School and TAFE sector regarding their copyright responsibilities 2

3 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

Slides This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)

5 Outline What copyright covers What you can do with © material Open Educational Resources (OER) Questions

6 Copyright protects… ArtisticLiteraryMusicalDramatic 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 ‘ Works ’

7 Copyright protects… Films Sound Recordings Broadcasts 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) ‘Other Subject Matter’

Copyright in essence Gives the copyright owner the right to: copy perform communicate to the public the copyright material. 8

Copying Activities scanning downloading printing Saving to usb/hardrive Photocopying Saving to mobile phone / smartphone / iPod / iPad 9 Upload to cloud

Performance Activities playing films and sound recordings singing songs playing instruments acting out a play reciting a poem 10

Communication Activities make available to students online (intranet, LMS, wiki, etc) to students display on interactive whiteboard 11

12 What can teachers copy and communicate? Teachers are able to re-use copyright materials, without further permission needed due to: A.Statutory Licences (text, pics, TV) B.Voluntary Licences (music) C.Free Use Exceptions (video, performances)

13 Statutory Licences Part VB: Statutory Text and Artistic Works Licence Part VA: Statutory Broadcast Licence

14 Part VB: Statutory Text and Artistic Works Licence Under this licence, a teacher can copy and communicate ( , place online) text and artistic works for educational purposes …subject to copying limits. books, newspapers, journal articles, paintings, diagrams, photographs, animations, song lyrics, plays, poems, maps, etc, in both hardcopy and electronic form, including free and publicly available internet sites.

15 Part VB: Copying Limits There are specific copying limits under Part VB. You can only copy a reasonable portion. For more information, see the “Education Licence B” in the “National Copyright Guidelines” at:

16 You can only copy a reasonable portion: 10% or 1 chapter of a hardcopy book or e-book 10% of words on a website or CD Rom One article in a journal (more than one article if on the same subject matter) One literary or dramatic work in an anthology (15p max) (eg one short story) Part VB: Copying Limits

17 Pt VB: Copying Limits Can copy more (eg the whole work) if: it has not been separately published or is not commercially available within a reasonable time at an ordinary commercial price.

18 Part VB: Copying from websites 'Available on the web' does not mean 'free to use' Almost all web content is protected by copyright Website terms and conditions will determine whether a website is ‘free for education’ or openly licensed: Look for creative commons material Website terms and conditions that include: Free to use Free to use in your organisation Free for educational use For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website:

Pt VB: Simultaneous Storage Rule Licence does not allow two parts of a work - eg two 10% excerpts - to be made available online at once. To minimise risk of infringement, restrict access to relevant classes only. Class A sees chapter A : Class B sees chapter B 19 For more information see the “Using Digital Repositories – Copyright Manual for Schools” at

Pt VB: Notice Requirements Mandatory notice must be attached to all copies made available online Notice is available on the Smartcopying website at: 20

Pt VB: Notice Requirements 21

22 Pt VB: Copying Limits Statutory Text and Artistic Licence doesn’t permit: mass digitisation of books mass copying of ebooks copying of software For more information, see “Education Licence B” in the “National Copyright Guidelines” at:

23 Part VA Statutory Broadcast Licence Covers the copying and communication of: TV and radio broadcasts TV/radio from a broadcaster’s website IF it has been broadcast on free-to-air Does not cover online TV/radio: from Pay TV sources which have not been broadcast – IPTV, Netflix, Youtube For more information see: “Education Licence A” in the “National Copyright Guidelines”:

24 Pt VA: Copy limits No limit on how much you can copy. Format shifting is permitted

25 Pt VA: Notice Requirements If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)…. you must attach the prescribed notice. A copy of this notice is available at:

NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968 COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ). The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 26

27 Part VA: ClickView & Video Commander Using ClickView, Video Commander or others repositories to copy and communicate broadcasts Permitted because of the Pt VA the Statutory Broadcast Licence. Note… as they make copying so easy, costs under the Licence are likely to increase. Schools can help manage copyright costs by: Only copying what they need for educational purposes Archiving copies regularly – broadcasts available to students and teachers online for longer than 12 months are paid for again. Attach the mandatory notice.

28 Voluntary licences

29 Music licences Under paid licences with copyright owners, schools can: copy music from CD to use in Powerpoint or teaching resources copy music to digital format for use in teaching copy music to play in school performances copy sheet music (subject to copy limits) for the educational purposes of the school.

30 Free exceptions

31 s 28 - performing or communicating in class for educational instruction Allows schools to perform and communicate material 'in class' (includes remote students) A free exception – no fees are paid. Does not permit copying – just performing/playing in class See “Performance and Communication of works and audio-visual material – What am I allowed to do?” :

32 s 200AB: Flexible Dealing Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use Permits schools to copy and make limited use of copyright material for free, for educational instruction, if the use satisfies a number of criteria. You must assess your proposed use against those criteria on a case-by-case basis. See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”:

S 200AB criteria 1. Your proposed use is not covered by an existing statutory licence or exception 2. Your proposed use is for the purpose of educational instruction and is not for profit 3. Your proposed use isn’t ‘unreasonable’ 33

Common activities permitted under flexible dealing Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements. Converting VHS to DVD where it is not possible to buy a DVD of that film and the DVD is needed for educational instruction Preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording. See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” 34

s 200AB and Commercial DVDs Cannot copy from commercial DVDs. Commercial DVDs are protected by ATPMs - access control technological protection measures. ATPMs – any technology that prevents a user from easily accessing and copying the content on a DVD. It is illegal to circumvent an ATPM (eg CSS) Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal. See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’:

36 Snapshot Summary Part VB Copying limits: 10% or 1 chapter Attach notice if communicating. Part VA No copying limits. Can format shift. Attach notice if communicating. s.200AB Limited format shifting rights. You cannot buy it. Only copy what you need. Schools’ music licence Images or print works 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

37 Tricky areas: YouTube and iTunes video content The terms of YouTube and iTunes provide that the content can only be used for ‘personal, non-commercial’ use. This may not include copying by educational institutions for ‘educational use’.

38 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. YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others. Each jurisdiction will have to decide whether they will rely on what is permitted by the Copyright Act in light of YouTube's (and iTunes) terms of use. Teachers Tube is a great alternative: For further information: “YouTube: Use by Teachers” : “Teachers Tube: Use by Teachers”:

39 YouTube: Linking and Streaming Practical alternatives to copying videos off YouTube include: Directly streaming YouTube videos in class (permitted under s 28) – from YouTube website or via a link embedded on another website. Linking the YouTube video is not a copyright activity - you are not copying the content. See information sheets: “YouTube: Use by Teachers” “Performance and Communication of works and audio-visual material in class – What am I allowed to do?”

40 YouTube: Embedding Videos 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?”

iTunes – music iTunes music is covered by the schools recordings agreement and this agreement overrides the general terms of iTunes. Under the recordings licence, schools are permitted to make sounds recordings in any form: to be played at a school event of a school event at which music is played for inclusion in an electronic presentation to play in class for educational purposes to be used as part of a course of instruction to synchronise with recordings made of a school event AMCOS|APRA|ARIA Licence: and-voluntary-licences)/education-licence-e-amcos-aria-apra-licencehttp:// and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence 41

42 iTunes - Apps Apple’s Volume Purchase Program for Education:

Smartcopying tips… Link – link or embed material whenever possible. Don't download or copy. Providing a link is not a copyright activity. You are not copying the content, just providing a reference to its location elsewhere. 43

Smartcopying tips… Label – always attribute the source. All material created and used for educational purposes should be properly attributed. Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when. Attributing is important to ensure that we don't pay licence fees for material we already own or are allowed to use eg teacher/school/student created content See labelling information sheet at:

Smartcopying tips… Limit – ensure access to material is limited to relevant students only Once material is communicated to an entire institute/campus or jurisdiction, the risk of copyright infringement increases dramatically. Limiting access is an important cost management practice. Collecting societies believe that the value of content increases with the number of people who can access it. 45

Smartcopying tips… Clear out unwanted content regularly Material copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'. Clearing out material that is no longer required is one practical way of managing the copyright costs. 46

Smartcopying tips… Clear out unwanted content regularly Two options: Archive – for material that is not currently being used but is likely to be used in the future. Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place. 47

Smartcopying tips… Clear out unwanted content regularly Two options: Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository. 48

Smartcopying tips… Use Open Education Resources Material whose owner has given permission for the material to be used for educational purposes, for free Depending on the licence, OER can also be modified and shared by teachers and students. 49

50  Link  Label  Limit  Clear out content  Consider OER Smartcopying :

51 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 and mandatory notice requirements under the Statutory Licences. 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, open education and creative commons material is a great alternative! See list of Free for education/Open education resources on smartcopying at: See Creative Commons information pack on smartcopying at:

52 Open Education Resources

53 OER - Definition Open Educational Resources (‘OER’) are 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:

54 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.

OER in a nutshell OER is about creating repositories of material which are free to: Access Use Modify Share 55

Creative Commons Available at: This work is licecned under a under a Creative Commons Attribution 4.0 International license. Commons Attribution 4.0 International license

57 OER and Creative Commons Most OER resources use Creative Commons (CC) licences. This is because CC licences are well known blanket licences that are free and easy to use. A creator needs only to do one thing - select the type of licence they want from the CC website!

OER: How it all works What is CC? CC creates a “some rights reserved” model. 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. 58

59 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

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

Licence TypeLicence Conditions Attribution Freely use, copy, adapt and distribute to anyone provided the copyright owner is attributed. Attribution No Derivatives Freely use, copy and distribute to anyone but only in original form. The copyright owner must be attributed. Attribution Share Alike Freely use, copy, adapt and distribute provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed. 61 CC Licences

Licence TypeLicence Conditions Attribution Non Commercial Freely use, copy, adapt and distribute for non- commercial purposes. The copyright owner must be attributed. Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim copies of the original work for non-commercial purposes. The copyright owner must be attributed. Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non- commercial purposes provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed. 62

Attributing CC material The new CC licences have ‘common-sense attribution’. Best practice is that you label materials with: Title Author/copyright owner, Source – Link to work Licence – Name + Link It is important to always check whether the creator has specified a particular attribution. Open Attribute ( is a tool to assist users of CC material to properly attribute. Once downloaded, it will attribution information for CC licensed content which users can copy and paste into their own work containing CC material. For further information on attributing CC material, see: 63

Example: Image licensed under CC Attribution licence 64 Eid Mubarak by Hamed Saber available at This work is licenced under a Creative Commons Attribution 4.0 International Licence.Creative Commons Attribution 4.0 International Licence.

Over 500 million items CC BY – C Green 2011

How to find OER General Search Photo/image Search Video Search Audio/Music Search General Education Search Specific Education Search Recorded Lectures & Video Tutorials Search Open Textbook Search 66

General search Creative Commons Google 67

Google Advanced Search When searching the web for general information, you can filter so that the search results given are only free, openly licenced materials. To apply the filter you must first go into your advanced search settings, which are found in the settings tab on the right hand side of your search result. 69

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Google Advanced Search Once you get into your advanced settings, the usage rights filter is at the very bottom. 71

Photo/Image Search CC Search Wikimedia Commons Flickr Google Images Pixabay Europeana Open Clip Art Library Open Clip Art Library Encyclopedia of Life Encyclopedia of Life Public Library of Science Public Library of Science CC finder 73

Searching Google for Openly Licenced Images Advance search as describe above; or Google recently launched a simpler way to filter Google images by reuse rights (ie, openly licenced resources). 74

Google Images After you search for an image, all you have to do is click “Search tools” and select the “Usage Rights” that reflect your use. All four usage rights allow for educational use. 75

Video Search YouTube Vimeo Ted – Ideas Worth Spreading Al Jazeera 76

YouTube There are a number of ways to find YouTube videos that are licensed under CC: use the CC Search tool described above.CC Search lets you see the most viewed and most reused CC licensed videos. in your search you can include the term “creativecommons”, and the videos returned will be CC licensed. or you can filter for Creative Commons licenced videos after you search. 77

YouTube – filter for CC videos After you do a search, click on the filters option, and under ‘Features’ selected Creative Commons. 78

YouTube – filter for CC videos 79

Audio/Music Search Jamendo ccMixter Free Music Archive SoundCloud 80

General Education Search OER Commons The Orange Grove Digital Repository The Orange Grove Digital Repository Connexions Curriki WikiEducator Saylor Academy Wikiversity LiveBinder by Karen Fasimpaur - Open Educational resources: Share, Remix, Learn LiveBinder by Karen Fasimpaur - Open Educational resources: Share, Remix, Learn Open Education Europa Open Education Europa 81

Video Tutorials Search Khan Academy 82

Open Textbook Search ck-12 Wikibooks 83

Smartcopying website For more specific, content-oriented OER and for an ever-increasing list of OER, see the Smartcopying website: education/open-education-free-for-education/open- education-free-for-education-resourceshttp:// education/open-education-free-for-education/open- education-free-for-education-resources 84

References for this presentation This presentation – Smartcopying website - 'CC BY – C Green 2011' – 'The obviousness of open-policy', © 2011 Cable Green - the-obviousness-of-open-policy used under a Creative Commons Attribution licence: the-obviousness-of-open-policy 85

Delia Browne National Copyright Director (02) Sarah Lux-Lee National Copyright Manager (02) Jessica Smith National Copyright Officer (02) slideshare.net/nationalcopyrightunit 86 More Information

Copyright 4 Educators Peer 2 Peer University – Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources 7 week course. Two cycles ran last year, with over 100 learners taking the course. Another cycle will run later this year. More information on the Smartcopying website or here on the P2PU website: educators-aus/Smartcopying website educators-aus/ Other relevant courses on P2PU: Intro to Openness in Education Creative Commons for K-12 Educators 87