Canberra28 September 2009

Creative Commons: A sensible option in the digital world

Delia BrowneNational Copyright Director

National Copyright Unit

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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

www.smartcopying.edu.au

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New Improved Website

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New Technologies

Teachers are using a variety of new technologies in the classroom, including:

• Interactive whiteboards

• Password protected intranets or learning management systems (LMS). An LMS is a software application that enables teaching material to be sourced, managed, accessed and delivered in a digital environment. (eg Moodle and Blackboard)

• Wikis and blogs

• Mobile devices including ipods, MP3 players and mobile phones

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Digital Repositories

Many jurisdictions are creating central digital repositories where content is uploaded and stored for use by teachers and students.

Access is password protected. Copyright compliance manuals are being

produced for use by gatekeepers and teachers.

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Sourcing content from the Internet

A lot of the material used on these technologies is sourced from the Internet.

Teachers will often link to material where possible.

Teachers may sometimes save material onto a hard drive or intranet rather than link because they are concerned that the material will move.

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Common linking practices

Teachers will often: Access material via a link to display on

an interactive whiteboard or LMS rather than copy the material.

Include a link to material on the jurisdiction repository, school intranet, LMS, wiki or blog for students to access material during class or at home.

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Copying from the Internet

Where linking is not practical, teachers may copy online material for educational purposes under:

A.Statutory Licences (remunerable)

B.Free Use Exceptions

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Part VB Licence

• Under this licence, a teacher can copy( print, scan, photocopy) and communicate (make available from password protected intranet, LMS or email) literary, dramatic, artistic and musical works subject to copying limits.

• Covers text books, newspaper articles, paintings, diagrams, photographs, song lyrics, plays, poems, maps in hard copy and electronic form including material made available on free and publicly available internet sites.

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Part VB 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

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Statutory Text and Artistic Licence

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 digital repository, school intranet, learning management system (LMS), class wiki or blog, or interactive whiteboard

4. Copying material onto potable devices including iPods, MP3 players, mobile phones and a USB

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Website Terms and Conditions

• Australian education sector pays to copy and communicate material where the website:

• Contains no terms or conditions of use (or no terms and conditions but a 'standard' © notice)

• Contains the following in its terms of use:

• personal use permitted (including personal, non-commercial use);

• copying not permitted;

• any reference to copyright protection such as '©'.

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Website Terms and Conditions

Terms and Conditions Remunerable Non-remunerable

Personal UsePersonal, non commercialPersonal and non commercialNon-commercial usePersonal 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

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Part VB Photocopy Rates

Photocopy rates based on volume copying captured through the sample survey done in selected schools each year:

Rate Activity Work

6c Photocopy Literary work (inc. timetables)

11c PhotocopyArtistic work (inc. graphs and tables)

11c Photocopy Poem

8c Photocopy Short story or play

55c Photocopy Overhead or Transparency

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Part VB EUS Rates

• Schools pay an interim FTE rate of 93.5 cents under the EUS

• The Schools are currently in litigation with the Copyright Agency Limited on the value of copying under the EUS.

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Hardcopy Costs on the Rise

$0

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

$40,000,000

$45,000,000

$50,000,000

1999 2000 2001 2002 2003 2004 2005 2006

Costs under Part VB Hard Copy SchemeAustralian Schools

1999-2006

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S 28: Playing and displaying material in class

• This exception does not apply to ‘copying’ material.

• Allows a teacher to play and display material in class for educational instruction:

1. Display or project material via an interactive whiteboard, LMS, school intranet or PowerPoint (ie view an image from the Powerhouse Museum website or stream a YouTube video).

2. Play a DVD from the school intranet or LMS to a class.

3. Recite a poem or sing a song to a virtual class using Skype.

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S 200AB: Copying videos and sound recordings

• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music), subject to certain requirements, under a free use exception known as flexible dealing.

• Flexible dealing will only apply where it is not possible to purchase a similar teaching resource.

• Some uses are:

• Making a DVD of short extracts of several videos for a Film Studies or English class.

• Including short extracts of music in PowerPoint teaching aids.

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Cost Burden

Like museums, libraries and cultural institutions, the education sector relies on tax payer funds.

Both sectors have limited resources and a responsibility to minimise costs.

Both sectors must explore opportunities for long term cost management while ensuring compliance.

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Cost Burden… In many cases, schools may place free and publicly

available material on their intranet or LMS to minimise costs arising from heavy internet traffic and bandwidth requirements.

Under the Part VB, Schools are required to pay for non commercial educational use of of free and publicly available internet material where it is saved to intranet or LMS which means the above cost-saving objective will be frustrated.

Schools may have to consider restricting access to and use of free and publicly available material .

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Statutory Licence and the Internet

• Australia is the only country in the world that has a compulsory licence scheme that requires payment by the education sector for the educational use of free and publicly available internet material.

• This means that:

• Teacher A in the UK downloads resources from an Australian cultural institution website. There is no equivalent requirement to pay under a statutory or voluntary licence.

• Teacher B in Australia downloads the same resources from the same website, that material is remunerable under the Part VB licence.

• This is creating a significant cost and administrative burden on Australian Schools and TAFE institutes.

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Free for education websites

• The terms and conditions of some websites allow copying for educational purposes.

• For example, the National Film and Sound Archive’s ‘ScreenOnline’ website terms of use state:

“You may save, copy, print, distribute or download for your own personal use or for non-commercial

educational purposes only.”(www.australianscreen.com.au)

Note: Different terms and conditions on the National Film and Sound Archive website.

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Free for Education Websites

•Other free for education websites include:

• Australian Culture and Recreation Portal: www.culture.gov.au

• Museum Victoria: http://museumvictoria.com.au

The Smartcopying website lists free for education websites:

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

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Websites with © notices and no terms

The following websites have © notice only and no terms and conditions)

This means Australian schools pay remuneration under the Part VB statutory licence• Australian Parliament House

• Collections Australia Network

• National Portrait Gallery

• National Gallery of Australia

• Museums Australia

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Website terms and conditions

Website terms and conditions can be difficult to understand.

This is because many are unclear. In some cases, there are no terms and

conditions at all. As a result, the intention of the publisher is unknown.

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Website terms and conditions

In most cases, website terms and conditions are intended to prevent ‘commercial use’, rather than ‘educational use’ which is a non-commercial use.

Often, ‘educational use’ may not have been specifically considered when website terms and conditions are drafted.

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Website terms and conditions

In many cases, websites which permit copying for educational use do not accommodate for the different ways in which material can be used by an educational institution.

Common examples of this are websites which:• Permit copying but ‘only in an unaltered form’. Arguably,

this means that a teacher cannot cut and paste parts the material to include in a teaching resource for students.

• Does not specifically allow for the material to be saved onto a hard drive or USB or placed on a LMS or school intranet.

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Website terms and conditions For example, the copyright notice on the website of the

National Library of Australia, National Film and Sound Archive, Museum of Australian Democracy, Australian War Memorial, National Archives of Australia and the Australian Institute of Aboriginal and Torres Strait Islander Studies states:

“You may download, display, print and reproduce this content for your personal or non-commercial use but only in an unaltered

form and with the copyright acknowledged.” Arguably a teacher may not cut and paste material into an

educational resource.

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Website Terms and Conditions The website terms and conditions of Questacon

state:“You may download, display, print and reproduce this material in unaltered form only (retaining this notice) for your personal, non-

commercial use or use within your organisation provided acknowledgement of the source of the material is made.

We welcome use of our online materials by students and educators, with appropriate acknowledgement.”

These terms and conditions clearly state that the material can be copied for educational use however, the material can only be used in its unaltered form. Arguably this could prevent a teacher cutting and pasting material into another document such as a worksheet to hand out to students

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Website Terms and Conditions The terms and conditions on the website of the Office of

Spatial Data Management are:“You may only download, print or reproduce in whole or in part the Works

only if the reproduction is not for commercial purposes and you clearly attribute the Commonwealth of Australia as the copyright owner of the

relevant Work(s)” These terms and conditions are better because the material

can be ‘altered’. A teacher is able to cut and paste material from this website to

include in educational resources. However, a teacher cannot save this material onto a hard drive,

USB or password protected intranet or learning management system.

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Website terms and conditions

The website terms and conditions of the National Museum of Australia are confusing and give conflicting messages:‘…if the Museum owns the copyright in the material you are permitted to make a fair dealing copy of the whole or of a part

of that material for your personal, non-commercial use or use within your organisation…. Greater rights may exist for

some users under the Copyright Act 1968, such as government agencies and educational and other institutions operating

under a statutory licence.’

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Website Terms and Conditions

These terms “ use in your organisation” appear to permit copying for educational use but describe this as ‘fair dealing’ copying.

Further down, the terms later make reference to copying under a statutory licence.

Not clear what the intention is? Are schools permitted to make educational copies and communication of this website’s material and not be subject to Part VB remuneration?

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Website Terms and Conditions The terms and conditions of the Australian

Botanic Gardens website are:“Information and data on this server have NOT been placed in the

public domain, but are provided for the personal non-commercial use of educators, students, scholars and the

public. Permission is granted to make internet hypertext and other

electronic links to any part of these resources. Unless otherwise stated, material presented on this server may be copied for personal or research use, or published for non-

commercial educational purposes, provided the source and custodians of any extracts are fully acknowledged. …

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Website Terms and Conditions

“Use of images for non-commercial web sites is allowed on condition that credit is given to the Australian National Botanic Gardens and these words are hot-linked to our home page…”

Confusing terms and conditions Refers to ‘information and data’, ‘material’

and ‘images’ and it appears that different conditions apply to use of these materials. However, no clear distinction is made.

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Website Terms and Conditions

A good example from the Smartcopying website:

“You may copy, distribute, display, download and otherwise freely deal with this work for any purpose provided that you attribute the Copyright Advisory Group, MCEETYA. However, you must obtain permission from the National

Copyright Director if you wish to:• charge others for access to the work (other than at cost),

• include the work in advertising or a product for sale, or

• modify the work.”

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Copyright is complex

• In addition, the licence schemes and free use exceptions are 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 parents and the community in limited circumstances.

• Rapidly increasing copyright fees are a significant obstacle to using online material

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Using Creative Commons (CC) material enables teachers to overcome these 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.

CC makes copyright easy..

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Students also benefit from the use of CC material in their classroom work and/or homework projects.

Students are often prohibited from entering their work into competitions and/or exhibitions due to third party copyright material (ie an image or music they have taken from the internet).

Using CC material will remove these barriers.

Free for Education: Creative Commons:

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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?

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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:http://www.smartcopying.edu.au/scw/go/pid/956

CC Primary Licence Elements

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Attribution – share alike

Attribution – non-commercial –share alike

Attribution – non-commercial – no derivatives

Attribution

Attribution - non-commercial

Attribution - no derivatives

Six Standard CC Licences

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CC licences are free and easy to use…no lawyers are needed!

CC licenses are expressed in three different formats:

• Commons Deed (human-readable code),

• Legal Code (lawyer-readable code);

• Metadata (machine-readable code). A creator need only select the type of

licence they want from the CC website.

CC licences are free and easy

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CC licences make content more active and dynamic.

CC promotes a more liberal culture of creating, distributing, sharing and remixing content for the purposes of creativity and innovation.

CC is well suited for the new digital and virtual content landscape.

CC licences are well suited to the digital landscape

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Myths about CC

CC licences are trying to undermine copyright..

This is not true! CC relies on the copyright. It empowers the copyright owner to decide how

they want others to use their work while retaining copyright in their work.

CC licences enable innovation and creativity in the digital world.

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Myths about CC

If you release material under a CC licence, you never get paid for it…

This is not true because:

• CC licences are non-exclusive - copyright owners can also enter into revenue-generating licences.

• The noncommercial licence option allows creators to maximize the distribution of their work while retaining control over the commercial use of their work.

• Case studies demonstrate that CC licences are an effective promotion and distribution tool in the digital landscape.

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Myths about CC

CC licences are not compatible with other open content/ source licences…

This is not true!

CC licences have been adapted to cater for:• Moral Rights

• Non Endorsement clause

• Harmonisation of treatment of Collecting Societies

• Compatibility with other open content/source licences.

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The NLA has the largest reference library in Australia. NLA launched the PictureAustralia portal in 2000. The NLA used CC to enable it to harvest, maintain and

promote the collection, while still allowing the individual to retain control over their image.

NLA commented that CC:

“encourages content contributors to think in terms of a librarian keeping in mind the public benefit of providing

maximum access to content as part of Australia’s national collection.”

CC and the National Library of Australia

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In January 2006, the NLA embarked on a collaboration with Flickr to facilitate the collection of public contributions to the PictureAustralia archive.

The NLA established two Flickr groups:

• ‘Picture Australia: People, Places and Events’, a place where people can post images social, political, contemporary or historical events of national significance.

• ‘Picture Australia: Australia Day’ (now encompassed into the ‘People, Places and Events’ group)

CC and the National Library of Australia

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Australian Cultural Institutes and Flickr

Other Australian institutes which are releasing material under a CC licence in Flickr include:• State Library NSW

(http://www.flickr.com/photos/statelibraryofnsw/)

• Powerhouse Museum (http://www.flickr.com/photos/powerhouse_museum/)

• Australian War Memorial (http://www.flickr.com/photos/australian-war-memorial/)

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• The ABC has just launched a new CC-friendly social media space titled Pool.

• Users create profiles and upload and download material which they can share with other profile owners and the public.

• Pool contains music, text, images and animations available under Creative Commons licences.

• ABC is also releasing material from its archives onto Pool under Creative Commons licences.

Check out ABC Pool:http://www.pool.org.au

CC and ABC Pool

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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”

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The following contain resources licensed under CC:

1. Artabase:www.artabase.net

2. Powerhouse Museum:www.play.powerhousemuseum.com

3. Australian Creative Resources Online:www.acro.edu.au

CC and Australian Culture

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‘Dynamic Calculus’ is a collection of interactive learning objects for teaching calculus developed by the Centre of Learning Innovation. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Cli/Download.aspx?resID=8083&v=1&preview=true

‘Dynamic Calculus’:New NSW DET CC Resource

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‘Tensile Testing’ is a video based resource developed by CLI which takes students on a virtual excursion to investigate materials testing. A resource for senior school students of Engineering Studies and Industrial Technology, and for vocational education students in areas of Design, Building services, Manufacturing and Mechanical. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Sites/Web/tensile_testing/index.htm?Signature=(68c5e892-6867-40ca-98f8-8e3d9e9ed09c)

‘Tensile Testing’:New NSW DET CC Resource

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‘Forces and Fields’ is an audio visual resource developed by CLI for senior Physics students. It contains in-depth and varied interactive activities in the areas of electric, magnetic and gravitational forces and fields, across 10 individual sections. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Cli/Download.aspx?resID=8459&v=1&preview=true

‘Forces and Fields’:New NSW DET CC Resource

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Smithsonian Institute

The Smithsonian Institute is the world’s largest museum and research complex composed of 19 museums and 9 research centres including the: • National Museum of Natural History

• National Portrait Gallery

• National Air and Space Museum

• National Museum of American History

• National Design Museum

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Smithsonian Institute Smithsonian Institute website hosts an array of copyright

cleared content from these museums and affiliates free for use by education.

‘Picturing the 1930’s’ is a new education website by the Smithsonian Institute which allows teachers and students to explore paintings, artist memorabilia, historical documents, newsreels, period photographs and create videos from this material. (http://americanart.si.edu/education/picturing_the_1930s/index.html)

Further, the institute has a photostream of CC licensed images on Flickr:(http://www.flickr.com/photos/smithsonian/)

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Flickr and International Institutes

The following museums and institutes have photostreams of CC licensed images on Flickr:

• Imperial War Museum (http://www.flickr.com/photos/imperialwarmuseum/)

• Library of Congress (http://www.flickr.com/photos/library_of_congress/)

• National Maritime Museum (http://www.flickr.com/photos/nationalmaritimemuseum/)

• George Eastman House (http://www.flickr.com/photos/george_eastman_house/)

• National Media Museum (http://www.flickr.com/photos/nationalmediamuseum/)

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Working together… We ask you to review your institutions policy with regard

to educational use of your online resources and material on your websites

Do you intend for Australian schools and other educational institutions to pay for educational use under Part VB? If so consider amending terms and conditions and informing CAL that you do not wish to receive Part VB remuneration.

If making resources that are intended to modified, remixed and shared, consider a creative commons licence.

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Working Together

Are there better ways for cultural institutions and education to work together with limited resources- see the Learning Federation and the VIC Knowledge Bank Project

Consider making digital assets freely available for others to create educational resources and for those resources to be freely shared by education and cultural institutions together

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Working Together

Perhaps collaboration can lead to increased audiences and visits to cultural institutions websites as well participation in institutions’ on site education programs

Who is best to develop the educational resource- education or the institution?

Curriculum mapping- does it fit in with curriculum requirements

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Working Together

Jointly think new ways of delievering oline education and increasing participation from Australian schools and new resources from students, teachers and systems.

Many partnershop and relationship opportunites

We need to work together and work smarter to get more “bang from our buck”

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Working together…

In light of this, we ask you to review the terms and conditions on your website to permit educational use.

Also, that resources targeted at the education sector be made available under a creative commons licence.

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For More Information

Delia Brownedelia.browne@det.nsw.edu.au

(02) 9561 8876

Smartcopying Websitewww.smartcopying.edu.au