1. Copyright in education
Presented by Andrea O’Neill
This session will provide a brief introduction to copyright and the statutory licences before exploring in more detail some of the common uses of copyright material and creative commons and open licenced material that you can use in your teaching.
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What is Copyright?
Copyright is a form of Intellectual Property (IP)
It protects the original expression of ideas - not the idea itself
More than one person can have the same idea but it is how they express that idea that is protected. Eg. two people might decide to stand on a beach and pain the sunrise, each of the artists will own the copyright in the work they create, as although the idea to paint the sunrise is the same they will bring their own creative expression to that work.
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3. What types of works are protected?
Written works
Artistic works
Musical works
Dramatic works
Published editions
Broadcasts
Film
Sound recordings
Written works – text books, articles, material on websites etc
Artistic works – don’t have to be artistic, include art works, plans , drawing, photographs
Musical works – musical composition, sheet music
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4. What rights does the owner have?
The copyright owner has exclusive rights to:
Reproduce;
Publish;
Communicate to the public;
Perform; and
Adapt the works.
So they have the right to copy it, it, out it on the internet and make changes to it.
Copyright is infringed when the copyright owner’s rights are exercised without the copyright owner’s permission
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What can you copy?
There are educational exceptions in the Copyright Act that allow some copying.
Statutory licences
Part VB (CAL) and Part VA (Screenrights) - allows copying (within limits) of third party content for educational purposes with enrolled students
$$ costs
You may need to check if your organisation has a licence.
You are unable to rely on these licences for copying of third party content that may be used in commercial courses or for externally funded projects. S28 of the Copyright Act allows teachers to play in the classroom audio visual material such as DVDs – this does not extend to the online classroom environment.
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Part VB – Text
10% of the pages in the work or one chapter (whichever is greater) for hardcopy works.
10% of the words or one chapter for electronic works (e.g. website).
All of an article or more than one article from that issue if they are on the same subject.
All of an out of print work
Provide a reference and include a Part VB notice
Training organisations may have licences with the Copyright Agency and Screenrights that allow them to copy text and artistic works and broadcast material for enrolled students. These licences cannot be relied on to copy third party material as part of your project that is funded by the Commonwealth Government.
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Part VB – Images
An image in a publication which accompanies (and explains or illustrates) the text being copied;
An image that is not separately published or is out of print.
An image from an electronic source (eg: the internet).
Need to provide a reference and include a Part VB notice
Training organisations may have licences with the Copyright Agency and Screenrights that allow them to copy text and artistic works and broadcast material for enrolled students. These licences cannot be relied on to copy third party material as part of your project that is funded by the Commonwealth Government.
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Part VA – TV and Radio
You can copy:
Television and radio broadcasts (free to air and pay TV).
Podcasts of broadcast programs from a Broadcasters website (not from Pay TV website).
Purchase/Request a copy from EnhanceTV (if have a Screenrights licence)
Need to include a Part VA label and notice
Training organisations may have licences with the Copyright Agency and Screenrights that allow them to copy text and artistic works and broadcast material for enrolled students. These licences cannot be relied on to copy third party material as part of your project that is funded by the Commonwealth Government.
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9. What copyright implications are there when you are sourcing material?
It depends on the source of the material and how it is licenced.
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Copied under Part VB
Domestic Cat
animals.nationalgeographic.com
“Felix” by Andrea O’Neill
© CIT
Each of these photos has been copied from a different source and has different conditions for use.
First one was found using a Google search and has come from the national geographic website – it is copied using CIT’s Part VB licence.
The one on the right is my cat Felix, I took this photo and am using it in the course of my duties at CIT therefore CIT owns the copyright in this image.
The third one on the bottom of the screen was found using a Creative Commons search – I can copy it but just need to ensure I attribute the creator and do not use if commercially.
Lets look at some of the common types of materials you may be looking for.
You can create your own content or take your own photographs or you can search for and use CC licenced images/material. I will explain Creative Commons in more detail shortly.
Look for open educational resources – more about this coming soon.
If you are copying using the Part VB licence make sure you stay within the limits.
In some cases you may need to obtain permission from the copyright owner. Make sure you keep a record of the permission.
In all cases you should provide an attribution/reference of where the image/text was sourced from.
"Cat Scratch Fever!" - Ottawa 2002 ( / CC BY-NC-ND 2.0 (
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Using text and images
Alternatives to using Part VB(CAL) licence:
Create your own content and/or take your own photographs
Use open access licenced material eg: Creative Commons (CC)/OER
Seek permission from the photographer/publisher
Remember to acknowledge the source
You can create your own content or take your own photographs or you can search for and use CC licenced images/material. I will explain Creative Commons in more detail shortly.
Look for open educational resources – more about this coming soon.
If you are copying using the Part VB licence make sure you stay within the limits.
In some cases you may need to obtain permission from the copyright owner. Make sure you keep a record of the permission.
In all cases you should provide an attribution/reference of where the image/text was sourced from.
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12. Using audio-visual material
No statutory licence – so to avoid copyright issues:
You can play a DVD/CD in the physical classroom for educational purposes – s28
Check the licence – it may be licensed to copy
Create your own
Use CC licenced or OER music/video or toolboxes -
Seek permission from the copyright owner
You cannot copy audio visual material such as music CDs or film DVDs without the permission of the copyright owner or if there is a licence with the material allowing copying – this is unlikely in my experience. Alternatives are to find CC licenced music/video or to create your own.
In some instances you may be able to use s200AB – although unlikely.
You are bound by the terms of service when you use iTunes.
Usually only allows ‘personal non-commercial use’ – this would mean a teacher may not be able to play or make a copy of this material.
Seek advice from your Copyright Officer
You can contact the copyright owner and obtain a licence to copy – remember to keep a copy of the permission/licence.
You always need to attribute/reference the creator/author.
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Using Websites
Check the websites terms and conditions
Provide links to websites – (not infringing websites)
Copy within limits of Part VB licence (if have licence)
Search for open access licenced material
Seek permission from the copyright owner
Remember to acknowledge the source )
Just because it is on the internet does not mean it is not protected by copyright.
There will be some instances when you can copy with permission of the website. Check the terms and conditions/copyright tabs on the website.
As an alternative to copying from a website you can provide students with a link – just make sure the website is not hosting infringing material.
Using the Part VB licence you can copy 10% or 1 chapter for text, and images – just remember to attribute or reference the author/creator.
If you need to copy more than the limits of the Part VB licence or your organisation does not have one you can contact the copyright owner directly.
You can search for open access licenced material such as CC licenced material.
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Using YouTube
Provide the link or embed the clip in your course material and/or LMS for students to view.
You need to ensure that the clip you are asking your students to view is not an infringing copy.
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Using Apps
Check the terms and conditions that come with the app.
In most cases you cannot purchase one app and then make it available to multiple students.
ie: You or your students would need to buy the number of apps you need.
If you are looking for apps you need to check the terms and conditions as you are bound by these when you purchase an app. ie: You would need to purchase multiple apps for multiple devices.
Let’s take a closer look at open access and open educational resources.
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Open access licences
Creative Commons (CC) is an open access licencing system.
It allows authors, musicians and other creators to grant rights to the public to use their work without payment but still retain control over their copyright material.
The idea behind creative commons is to provide a way for people to share their creative works while also providing some control for the copyright owner.
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Types of CC licences
Creative Commons: Open Licensing System
There are 4 primary licence elements:
Attribution – must attribute the author
Non-commercial – no commercial use
No Derivative Works – only exact copies, no remixing
ShareAlike – may make derivative works but only under identical terms of licence
Attribution CC BY
This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.
View License Deed | View Legal Code
Attribution-ShareAlike CC BY-SA
This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.
Attribution-NoDerivs CC BY-ND
This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
Attribution-NonCommercial CC BY-NC
This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
Attribution-NonCommercial-ShareAlike CC BY-NC-SA
This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.
Attribution-NonCommercial-NoDerivs CC BY-NC-ND
This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.
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How to search
Go to the Creative Commons website: creativecommons.org.
Enter your search query
Select the type of search – for example Click on Flickr for images
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I entered ‘lemon’ as my search term. It came up with pages of images of lemons.
I chose the one I wanted, and then checked out the type of licence that came with this image by clicking under ‘Licence’ on the link ‘some rights reserved’.
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When I clicked on the licence it opend the Creative Commons licence. This image of the lemon is licenced under the CC BY Attribution licence. I am able to copy but must provide an attribution.
If I want to see the legal version of the licence I can click on the Legal Code .
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21. Open Educational Resources
There are a number of websites that provide open educational resources. These resources are usually creative commons licenced that can be used freely for educational purposes by both teachers and students. You should check the terms and conditions of the licence that comes with the resource and make sure you meet the licence conditions.
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OER search example
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OER licence example
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24. Acknowledging the Source
Need to know more about referencing?
See Acknowledging the Source – CIT’s Harvard and APA referencing publication
Available for purchase from CITSA bookshops and on the CIT website -
When you have obtained permission you will need to attribute the copyright owner. Here is an example. Sometime the the copyright owner will provide you with there preferred attribution, if so please be guided by that.
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CC Attribution
A useful tool for easily including a CC attribution in your teaching resources is available on the ‘Open Attribute’ website.
You just need to install an add-in for your browser.
If you are using CC licenced material you still need to attribute the author/creator. You can do this with this useful browser add-in tool.
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You can see up in the top right hand side of the window the CC button – this comes up automatically when the browser identifies the website as containing CC content. You then just click on that and a drop down box appears – see the box on the middle of the screen there. You can then select the attribution as plain text or HTML.
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Obtaining permission
Send a letter or directly to the copyright owner or ask your Copyright Officer for assistance.
Keep a record of all of the correspondence relating to third party permissions and the outcomes of these requests.
You can negotiate a licence directly with the copyright owner, this can be a letter or an . It is also important that you also retain any documentation relating to the permission.
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Attribution
Example:
“Reproduced by [name of Institute or organisation] with permission of [insert name of copyright owner]”.
If the copyright owner has provided you with their preferred attribution then you should use this as directed.
When you have obtained permission you will need to attribute the copyright owner. Here is an example. Sometimes the copyright owner will provide you with there preferred attribution, if so please be guided by that.
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More information
Smartcopying - The Official Guide to Copyright Issues for Australian Schools and TAFE
Creative Commons - for information about finding and using creative commons licenced material.
Australian Copyright Council - for a range of useful information sheets about copyright.
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References
Images on slides 3, and 6-9 sourced from Microsoft clip art
Slides 14- screenshot taken from DEEWR website
Slide 16 – image of ipad apple.com
Slide – screenshots taken from
Slides 25 – 26, screenshots taken from OER Commons website.
Slide 30 – screenshot taken from Open Attribute website
Smartcopying - The Official Guide to Copyright Issues for Australian Schools and TAFE
Creative Commons -
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