Designing for Flexibility Topic 2: The 4 Rs Guest speaker: Sylvie Saab National Copyright Officer National Copyright Unit

29 July 2011 TAFE NSW Copyright Issues for Educators in the Digital World Sylvie Saab National Copyright Officer National Copyright Unit

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

4 New Technologies Teachers are using a variety of new technologies in the classroom: Interactive whiteboards Wikis and blogs Learning/content management systems (eg Moodle, Blackboard) YouTube and iTunes Mobile devices including iPods, iPads, Kindle, MP3 players and mobile phones

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 That allow teachers to use copyright materials without the permission of the copyright owner.

6 Part VB: Statutory Text and Artistic Works Licence Under this licence, a teacher can copy and communicate ( , place online) literary, dramatic, artistic and musical works subject to copying limits. Covers books, newspaper articles, journal articles, paintings, diagrams, photographs, animations, song lyrics, plays, poems and maps in both hardcopy and electronic form including free and publicly available internet sites.

7 Two schemes The Statutory Text and Artistic Works 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 Common Activities 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 content/learning management system (LMS), class wiki or blog, or interactive whiteboard 4.Copying material onto potable devices including iPods, iPads, MP3 players, mobile phones and a USB

9 Copying Limits Limits on copying: 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 Literary or dramatic work of not more than 15 pages available in a published hardcopy or paginated electronic anthology (eg one short story from an e-book of stories or one play from a book of plays) 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 Simultaneous Storage Rule and Notice Requirements The Statutory Text and Artistic Works Licence does not allow two parts of a work, eg. two 10% excerpts of a text book or e-book, to be placed online at the same time. To minimise risk of infringement, measures must be taken to restrict access to this material to relevant classes only. You must attach a mandatory notice to all copies made available on an interactive whiteboard, learning management system, wiki, blog or school intranet. A copy of this is available on the Smartcopying website at:

11 Part VA Statutory Broadcast Licence Covers the copying and communication of: Off-air television and radio broadcasts Podcasts and webcasts which 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”:

12 Notice Requirements 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:

13 Cost Burden of Statutory Licences TAFE institutes have statutory obligations to pay copyright licence fees for their use of other people’s copyright material, unless free for educational use. The TAFE sector nationally (excl Vic) paid over $5 million in copyright licence fees in 2010.

14 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?” :

15 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 (eg ClickView) 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?” :

16 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) 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?”:

Free Use Exceptions: Flexible Dealing 1. Is my use covered by a statutory licence or exception? 2. Am I using this for giving educational instruction? 3. Am I only using what I need for educational instruction? 4. Can I purchase the format I need? 5. Will my use unreasonably prejudice the copyright owner?

18 Flexible Dealing Uses 1.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. 2.Convert a film or sound recording on DVD/CD/cassette to a digital file format when it is not possible to buy a digital version of the film or sound recording. 3.Include short extracts of music in podcasts, films and PowerPoint teaching tools or learning aids. See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?”

S 200AB and Commercial DVDs Teachers are usually not permitted to make a digital copy of a DVD. This is because most commercial DVDs (eg, eg feature films, documentaries and television series) are protected by access control technological protection measures (ATPMs). ATPMs are technologies which prevent a user from easily accessing and copying the content on a DVD. It is illegal to circumvent an ATPM under the Copyright Act. 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’:

20 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 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

21 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. Eg YouTube

22 Smartcopying tips… All material must be attributed. It is important that all material created and used by the TAFEl 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 labelling information sheet at:

23 Smartcopying tips… 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. Further, limiting access to material is an important cost management practice. Collecting societies under the Statutory Licences believe that the value of content increases with the number of people who can access and view it.

24 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.

25 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.

26 Some copyright challenges While there is a lot that teachers can copy, the licence schemes and free use exceptions can be 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 the wider community in limited circumstances. Free for education, open education and creative commons material is a great alternative!

27 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:

28 OER: Fundamental Values OER fundamental values: Resources are free for any individual to use Are licensed for unrestricted distribution Possibility of adaptation, translation, re-mix, and improvement. Its all about sharing resources!

29 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. 30

31 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’ 32

33 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

34 Other Free for Education Initiatives A number of organisations have agreed to make their online material free for education: National Museum of Australia: 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:

35 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!

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

37 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..

38 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?

39 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

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

41 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

NSW DET and CC Centre of Learning Innovation(CLI) has created a number of online interactive teaching resources licensed under CC Attribution Non-commerical Share- Alike Licence: Sites2See Resource teaching students about copyright: ?Signature=(f0fa7fab-50e eff-b f58f ?Signature=(f0fa7fab-50e eff-b f58f ‘Dynamic Calculus’ is a collection of interactive learning objects for teaching calculus: 3&v=1&preview=true 3&v=1&preview=true ‘Tensile Testing’ is a video based resource on materials testing: x.htm?Signature=(68c5e ca-98f8-8e3d9e9ed09c) x.htm?Signature=(68c5e ca-98f8-8e3d9e9ed09c) ‘A New Kind of Alchemy’ is an interactive online graphic novel: 9&v=1&preview=true 9&v=1&preview=true 42

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/ 43 Public sector information and CC

44 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”

45 Flickr and International Institutes The following organisations have released content under CC licences : Al Jazeera CC Repository: Smithsonian Institute Imperial War Museum Library of Congress National Maritime Museum George Eastman House National Media Museum Smartcopying lists more at:

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: 46

Where should I place the attribution? For text resources (eg 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 (eg 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 (eg blog, school intranet, learning management system etc). For further information on attributing CC material, see: 47

Example: Image licensed under CC Attribution licence 48 Eid Mubarak by Hamed Saber available at

49 For More Information Sylvie Saab (02) Alison Davis (08) Delia Browne (02)