Copyright and Education Sylvie Saab Executive Information Policy Officer sylvie.saab@mq.edu.au sylvie.saab@mq.edu.au x6592.

Copyright and EducationSylvie Saab

Executive Information Policy Officer

sylvie.saab@mq.edu.aux6592

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 Literary Musical Dramatic• 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

Examples of ‘Other Subject Matter’

Films Sound

RecordingsBroadcasts

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)

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 UnderPart VB

Copying limits: 10% or 1 chapter

Attach notice if communicating.

Part VANo copying limits.Can format shiftAttach notice if

communicating

s.200ABLimited format

shifting rightsYou cannot buy itOnly copy what you

need

Images or print works

Off air television and radio broadcasts (free to air and pay)

Podcasts/webcasts of previously broadcast free-to-air 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.

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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/open-education/creative-commons/creative-commons-information-pack

Questions

If you have any questions, please send an email to copyright@mq.edu.au or call me on x6592.