Transcript Copyright and Education

Copyright and Education
Sylvie Saab
Executive Information Policy Officer
[email protected]
x6592
Outline
 Copyright Basics
 Exceptions for Educational Institutions
 Exceptions for Students
 Smart Tips
What is copyright?
 Copyright is a bunch of legal rights in a creative work that stop
others from copying or using the work without permission.
 Copyright does not protect ideas. A work must be written down or
otherwise recorded in material form.
 Copyright protection is automatic – it applies as soon as a work is
created. No registration is required.
 Copyright law divides creative material into two categories ‘works’ and ‘other subject matter’.
Examples of ‘Works’
Artistic
•
•
•
•
•
•
•
•
•
•
•
•
paintings
illustrations
sculptures
graphics
cartoons
photographs
drawings
maps
diagrams
buildings
models of
buildings
moulds and casts
for sculptures
Literary
• novels
• textbooks
• newspaper and
•
•
•
•
•
•
•
•
magazine articles
short stories
journals
poems
song lyrics
timetables
technical manuals
instruction
manuals
computer
software
Musical
•
•
•
•
melodies
sheet music
pop songs
advertising
jingles
• film score
Dramatic
•
•
•
•
plays
screenplays
mime
choreography
Examples of
‘Other Subject Matter’
Sound
Recordings
Films
• 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
Published
Editions
Broadcasts
• radio and TV
•
broadcasts
podcasts and
webcasts of
the above
•
typesetting
(the layout and
look of a
publication)
Who owns the copyright?
 General rule – the creator of the material is the owner of the
copyright in that work.
 Eg – author of a book, composer of music, photographer of a photo,
broadcaster of a broadcast, producer of a film.
 There are some exceptions to the general rule –
1. Employment
2. Commissions
3. General contract
4. Crown copyright
5. Performers rights
How long does copyright last?
 Works: 70 years after the death of the author.
 Other subject matter: 70 years from first publication,
exhibition or broadcast.
Note: prior to 2005, copyright duration was 50 years. It
was extended as a result of the Free Trade Agreement with
the US. The extension does not apply retrospectively.
What are the rights of a copyright
owner?
 The copyright owner has the exclusive right to do the
following with their creative material:
1. Reproduce the material – photocopy, print, save to usb,
disc, hard drive, scan etc.
2. Communicate the material – make available online (ie post
on internet, intranet, LMS (iLearn), wiki or blog) or
electronically transmit (email).
3. Perform the material – sing a song, play music on an
instrument, recite a poem, act out a play, play a film or
sound recording.
4. Adapt the material – develop a play based on a book, make
an arrangement of a musical work or translate a work into
a different language.
Copyright law & educational use
 Australian copyright law contains a number of exceptions
that allow educational institutions to use other people’s
material without permission.
 Some of these exceptions are “free” – the University
does not pay to benefit from the exception.
 Exceptions that are “paid” are referred to as “statutory
licences”.
Statutory Licences
There are two statutory licences that apply to educational
institutions:
• Part VB: Statutory Text and Artistic Works Licence
• Part VA: Statutory Broadcast Licence
Part VB – CAL Licence
 The Part VB licence is administered by the Copyright
Agency Limited (CAL), a collecting society that
represents publishers, authors and artists.
 This licence allows an educational institution to copy and
communicate (email, place online) text and artistic
works in both hardcopy and digital format for
educational purposes.
…subject to copying limits…
Part VB – CAL Licence
Can copy a “reasonable portion” being:
 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); or
 One literary or dramatic work in an anthology (15p max)
(eg one short story).
Part VB – CAL Licence
Can copy more than a “reasonable portion” (e.g. the whole
work) if:
 It has not been separately published; or
 It is not commercially available within a reasonable
time at an ordinary commercial price.
Part VB – CAL Licence
The Statutory Text and Artistic Licence doesn’t permit:
 Mass digitisation of books;
 Mass copying of ebooks; or
 Copying of software.
Part VB – CAL Licence
 Access to material copied and communicated under the
CAL licence must restricted to students and staff of the
University.
 For example, material placed on a blog or wiki for
educational purposes must be password protected.
 It must also carry a notice. This notice is contained in
copyright regulations.
FORM OF NOTICE FOR PARAGRAPH 135ZXA (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 Macquarie University pursuant to Part VB 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.
Part VA – Screenrights Licence
 The Part VA licence is administered by Screenrights, a
collecting society that represents copyright owners
including broadcasters and producers.
 This licence allows an educational institution to copy and
communicate (email, place online) broadcast content for
educational purposes.
Part VA – Screenrights Licence
 Educational institutions can copy and communicate the
following broadcast content under the Screenrights
licence:
 Off-air TV and radio broadcasts (free-to-air and pay
TV channels); and
 TV/radio webcasts/podcasts from a broadcaster’s
website if the content has been previously broadcast
on free-to-air.
Part VA - Screenrights Licence
Does not cover TV/radio webcasts/podcasts:
 From pay TV channels; or
 That have not been previously broadcast, eg ABC iView
podcast containing content that has not been shown on
TV.
Part VA - Screenrights Licence
 No limit on how much you can copy.
 Format shifting is permitted. For example, educational
institutions can shift VHS tapes/ DVDs containing
previously recorded off air TV shows into MP3/MP4
format.
 If communicating this content (ie make available online
or email), you must attach a notice.
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 Macquarie University 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.
Free use exception: s 28
 Allows for material to be performed and/or
communicated for educational instruction, eg:
 Showing a movie or playing a sound recording in class
 Performing a play
 Displaying a PowerPoint presentation
 Does not permit “copying” of material.
 Free exception – no fees are paid.
Free use exception: s 200AB
 Rely on flexible dealing when no statutory licence (Part
VA or Part VB) or free use exception (s 28) applies to
your use.
 Permits educational institutions to copy and make
limited use of copyright material for free provided
certain criteria is satisfied.
 You must assess your proposed use against those
criteria on a case-by-case basis.
s 200AB criteria
 “Just in case copying” is not permitted - you must have a
specific educational instruction purpose in mind at the time the
copy is made.
 Your proposed use is not ‘unreasonable’. This means:
 You cannot purchase the copy you are making;
 You are only using what you need for educational instruction – ie
copying an entire movie is unlikely to be permitted; and
 Access to the s 200AB copy is limited to those that are directly
involved in the educational instruction, ie students in your class
rather than all MQ students.
Common 200AB uses
 Format shifting non-broadcast music and video content
(eg VHS/DVD to MP4 format, cassette/CD to MP3
format) where the desired format is not available for
purchase.
 Recording lectures that contain music or video content
using Echo360 and making these lectures available on a
password protected platform such as iLearn.
 Copying YouTube videos of non-broadcast content for
use in an exercise on iLearn.
Copying from a DVD
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.
 Making a digital copy of a commercial DVD is likely to
involve circumventing the ATPM and therefore is illegal.
Snapshot Summary – Copying provisions
Copied and Communicated Under
Part VB


Type of Material
Images or print works
Off air television and radio
broadcasts (free to air and
pay)
Podcasts/webcasts of
previously broadcast free-toair broadcasts available on
the broadcaster’s website
YouTube videos
DVDs, CDs and videos
Note: Most commercial DVDs are
protected by ATPMs and cannot
be copied because it illegal to
circumvent an ATPM.
Copying limits:
10% or 1 chapter
Attach notice if
communicating.
Part VA
 No
copying limits.
format shift
 Attach notice if
communicating
 Can
s.200AB
 Limited
format
shifting rights
 You cannot buy it
 Only copy what you
need
Fair Dealing
 Students rely on fair dealing when using other people’s
copyright material.
 Four fair dealing provisions:
 research and study
 criticism and review
 reporting the news
 parody and satire
 Caselaw has deemed that educational institutions cannot
rely on fair dealing for research and study when using
copyright material for educational purposes.
Smart tips on managing copyright…
o Link
o Label
o Limit
o Clear out content
o Consider OER
Link or embed where possible
Providing a link is not a copyright
activity. Embedding is a silent link.
You are not copying the content, just
providing a reference to its location
elsewhere.
Always label content
 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 - licensed material or university/lecturer/student
created content
Limit access to relevant students
 Once material is communicated to an entire
institute/campus, the risk of copyright infringement
increases dramatically.
 Collecting societies also believe that the value of content
increases with the number of people who can access it.
 Therefore, limiting access is also an important cost
management practice.
Clear out unneeded content
 Material copied and communicated under the Statutory
Licences is subject to another payment for every 12
months it remains 'live'.
 This is called “anniversary copying”.
 Clearing out material that is no longer required is a
practical way of managing anniversary copying.
 This can be done either by archiving the material or
deleting it.
Consider OER
See –See - http://creativecommons.org/education
Video – Why OER matters
 https://www.youtube.com/watch?v=dTNnxPcY49Q
What is CC about?
 CC creates a “some rights reserved” model.
 Copyright owner retains the ownership in their work but
invites some uses by the public.
 CC licences create choice and options for the copyright
owner and flexibility and security for users.
CC terms
CC licences
CC spectrum
More information on CC
 See Creative Commons website http://creativecommons.org.au/learn/education/
 Information pack on finding CC –
http://www.smartcopying.edu.au/openeducation/creative-commons/creative-commonsinformation-pack
Questions
 If you have any questions, please send an email to
[email protected] or call me on x6592.