Copyright in a Digital World

TAFE ConnectsCopyright and Equella

2 August 2012

Carl RuppinNational Copyright Manager

www.smartcopying.edu.au

Slides available @ http://www.slideshare.net/nationalcopyrightunit/

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

http://creativecommons.org/licenses/by-sa/3.0/au/

Copying scanning downloading

printing Saving to usb/hardrive

Photocopying

Saving to mobile phone / smartphone / iPod / iPad

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Upload to cloud

Communication

make available to students online

(intranet, LMS, wiki, etc)

Email to students

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Performance

playing films and sound recordings

singing songs

playing instruments

acting out a play

reciting a poem

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What can teachers copy and communicate?

Whatever the licence says you can.

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What can teachers copy and communicate?

You have rights to copy under:

A. Statutory Licences

B. Free Use Exceptions

Both allow teachers to re-use copyrightmaterials, without the permission of thecopyright owner.

Otherwise….

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Statutory licences

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Cost Burden of Statutory Licences

TAFE institutes have statutory obligations to pay fees for their use of other people’s material.

Over $6 million in licence fees in 2011 for TAFEs nationally (excl. Victoria)

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Part VB: Statutory Text and Artistic Works Licence

Under this licence, a teacher can copy and communicate printed content…

…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.

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• 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 (or multiple articles if on the same subject)

• One literary or dramatic work in an anthology (15p max) (eg one short story, one poem)

For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700

For more information, see “Education Licence B” in the“National Copyright Guidelines” at:

http://www.smartcopying.edu.au/scw/go/pid/700

Part VB: Copying Limits

You can only copy a reasonable portion:

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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.

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Part VB: Copying from websites

• 'Available on the web' does not mean 'free to use'

• Almost all web content is protected by copyright

• Some websites are ‘free for education’ – can be copied for educational purposes.

• Website terms and conditions will determine whether a website is ‘free for education’.

For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999

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

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Pt VB: Notice Requirements

Mandatory notice must be attached to all copies made available on Equella

Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705

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Pt VB: Notice Requirements

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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:

http://www.smartcopying.edu.au/scw/go/pid/700

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Part VA Statutory Broadcast Licence

Covers the copying and communication of:

• Off-air television and radio broadcasts

• Online TV/radio which originated asfree-to-air broadcasts and is sourced from the broadcaster’s website

Doesn’t 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”:

http://www.smartcopying.edu.au/scw/go/pid/699

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Pt VA: Copy limits

• No limit on how much you can copy.

• Format shifting is permitted

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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:www.smartcopying.edu.au/scw/go/pid/704

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.

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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.

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Free exceptions

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s 28 - performing or communicating in class

• 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?” :

http://www.smartcopying.edu.au/scw/go/pid/535

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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.

• 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

• A free exception – no fees are paid. See information sheet:

“The New Flexible Dealing Exception – What am I allowed to do?”:http://www.smartcopying.edu.au/scw/go/pid/542

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?

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S 200AB: Flexible Dealing - Examples

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. Format shift a film or sound recording on CD/cassette to a digital file format 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?” http://www.smartcopying.edu.au/scw/go/pid/542

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’: http://www.smartcopying.edu.au/scw/go/pid/526

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s 200AB: Flexible Dealing Dos and Don’ts

• Don’t 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 once no longer needed the s 200AB copy from the LMS, school intranet, class blog/wiki, portal or interactive media gallery as soon as practical, once 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?”

http://www.smartcopying.edu.au/scw/go/pid/542

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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 VANo copying limits.Can format shift.Attach notice when

communicate.

s.200ABLimited format shifting

rights.You cannot buy it.Only copy what you

need.

Images or print works

Off air television and radio broadcastsPodcasts 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

Typ

e o

f M

ater

ial

Copied and Communicated Under

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Tricky areas: YouTube and iTunes

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’.

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LinkLabelLimitLicencesFlush stale contentConsider OER

Smartcopying tips:

OER are teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open licence that permits their free use and re-purposing by

others.

CC BY – C Green 2011

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OER in a nutshellOER is about creating repositories of

material which are free to:

AccessUse

ModifyShare

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Open Education Resources Some good OER sites include:1. Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome

2. OER Commons: www.oercommons.org/

3. Encyclopaedia of Life: www.eol.org/

4. Comprehensive Knowledge Archive Network: www.ckan.net/

5. Connexions: www.cnx.org/

6. Teaching Ideas: www.teachingideas.co.uk/

The Smartcopying website lists Open Education Resources:

http://www.smartcopying.edu.au/scw/go/pid/936

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CC sites• Encyclopedia – Wikipedia• Photos - Flickr• Videos - Blip.tv• Music - Magnatune • Sounds - Opsound• Articles - Directory of Open Access Journals• Remix community – ccMixter• Everything else - Internet Archive

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For More InformationCarl Ruppin

National Copyright Managercarl.ruppin@det.nsw.edu.au

(02) 9561 1267

Delia BrowneNational Copyright Director

delia.browne@det.nsw.edu.au(02) 9561 8876

www.smartcopying.edu.au