distance education symposium

Copyright and Distance Education

14 June 2012

Carl RuppinNational Copyright Manager

National Copyright Unit www.smartcopying.edu.au

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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

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/

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Outline

• What copyright covers

• What you can do with © material

• OER – way of the future?

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Copyright protects…

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

‘Works’

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Copyright protects…

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)

‘Other Subject Matter’

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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Part VB: Statutory Text and Artistic Works Licence

Under this licence, a teacher can copy and communicate (email, place online) literary, dramatic, artistic and musical works…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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Pt VB: Common Activities

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 content/learning management system (LMS), class wiki or blog, or interactive whiteboard

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

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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

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Part VB: Website Terms and Conditions

Terms and Conditions Not Free Free

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: Copying Limits

There are specific copying limits under Part VB.

You can only copy a reasonable portion.

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

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You can only copy a reasonable portion:

• 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)

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

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

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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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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:


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 online

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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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”:


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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?” :


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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

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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

• Do not use pirated material.

• Just in case’ format shifting is not permitted:

• Schools cannot make ‘back up’ copies of resources ‘in case’ the original is destroyed.

• Schools are not allowed to format shift their whole library or collection 'just in case' it will be useful later on.

• Any format shifting needs to be done for the purpose of giving educational instruction in the near future.

See information sheets:

“Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542

“Format Shifting and the Copyright Amendment Act 2006: what am I allowed to do?”: http://www.smartcopying.edu.au/scw/go/pid/529

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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?”


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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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YouTube

Can I copy YouTube videos for use in class or as part of a resource?

• There is no clear answer.

• You may be able copy a YouTube video and use it for educational instruction under s 200 AB….. BUT the terms and conditions of YouTube may not strictly allow this.

• It is arguable that the terms and conditions do not form a contract and therefore are not enforceable because sufficient notice is not provided.

• YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others.

Teachers Tube is a great alternative: www.teachertube.com For further information: “YouTube: Use by Teachers” : http://www.smartcopying.edu.au/scw/go/pid/855

“Teachers Tube: Use by Teachers”: http://www.smartcopying.edu.au/scw/go/pid/858

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YouTube: Linking and Streaming

Practical alternatives to copying videos off YouTube include:

• Directly streaming YouTube videos in class (permitted under s 28) – from YouTube website or via a link embedded on another website.

• Linking or embedding the YouTube video. Not a copyright activity - you are not copying the content.

See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855

“Performance and Communication of works and audio-visual materialin class – What am I allowed to do?”


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iTunes – music & video

When buying content from the iTunes store, you must agree to the store’s Terms of Use.

Terms state that iTunes products can only be used for: ‘personal, non commercial use’.

This expression may not include ‘educational use’.

See information sheet ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049

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iTunes – music & video

Legally unclear whether iTunes contract prohibits the educational use of content purchased from iTunes.

Some risk that the school might be said to be in breach of contract if its plays or copies content purchased from iTunes.

However, sections 200AB and 28 allow teachers to use sound recordings and video for educational purposes without having to seek the permission of the copyright owner.

See information sheet, ‘Using iTunes’ at: http://www.smartcopying.edu.au/scw/go/pid/1049

Smartcopying tips…

Link – link or embed material whenever possible. Don't download or copy.

Providing a link is not a copyright activity. You are not copying the content, just providing a

reference to its location elsewhere.

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Label – always attribute the source.

• All material created and used for educational purposes should be properly attributed.

• Applies to both photocopied and digital material

• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when.

See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532

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Label – always attribute the source.

• Attributing is important to ensure that we don't pay licence fees for material we already own or are allowed to use

• eg teacher/school/student created content

See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532

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Limit – ensure access to material is limited to relevant students only

Once material is communicated to an entire institute/campus or jurisdiction, the risk of copyright infringement increases dramatically.

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Limiting access is an important cost management practice.

Collecting societies believe that the value of content increases with the number of people who can access it.

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Access to s200AB copies must be limited to those students who need to use the material for educational instruction, ie one class as opposed to an entire school.

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Clear out unwanted content regularlyMaterial copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'.

Flushing material that is no longer required is one practical way of managing the copyright costs.

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Clear out unwanted content regularly

Two options:

Archive – for material that is not currently being used but is likely to be used in the future.

Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place.

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Clear out unwanted content regularly

Two options:

Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository.

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Use Open Education Resources

• Material whose owner has given permission for the material to be used for educational purposes, for free

• Depending on the licence, OER can also be modified and shared by teachers and students.

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LinkLabelLimitLicencesFlush stale contentConsider OER

Smartcopying:

Open

Educational

Resources

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 include resources of all sorts:worksheets, curriculum materials, lectures,

homework assignments, quizzes, class activities, pedagogical materials, games and more...

See: www.oercommons.org

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OER in a nutshellOER is about creating repositories of

material which are free to:

AccessUse

ModifyShare

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OER in a nutshellYou can do more with OER as

compared with 'traditional' copyright material

Global snapshot

UNESCO: http://www.moveoneinc.com/blog/wp-content/uploads/2011/07/UNESCO.jpg

http://www.eifl.net/system/files/201106/oecd_text_20cm_hd_0.jpg

Connexions MERLOTCK-12OER AfricaOER BrazilOER FoundationOLnetWikipediaMozillaPIRGSOLIUniversities & Community Colleges… and MANY others CC BY – C Green 2011

Higher EdCC BY – C Green 2011

Higher Ed

Government

CC BY – C Green 2011 Search and Discovery

OER in Australia

No OER policy

(Commonwealth / State / Territory)

'Free for

(mostly ad hoc)

Education'

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Free for Education (FFE)

• ‘Free for education’ (FFE) material is similar to OER

• But FFE material may not permit a teacher to communicate, modify or share the material. This will depend on the particular terms and conditions of use.

The Smartcopying website lists good some FFE resources: www.smartcopying.edu.au/scw/go/pid/936

Some OER developments

How it works

http://www.flickr.com/photos/kalexanderson/6051120264/

A simple, standardizedway to grant copyright

permissions to your creative work.


Attribution

Non-Commercial No Derivative Works

Share Alike

Step 1: Choose Conditions


Step 2: Receive a License


most free

least freeCC BY – Adapted from Green 2011

Over 500 million items


175+ Million CC Licensed Photos on Flickr

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• CC creates a “some rights reserved” model.

• 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?

Attributing CC material• CC requires that you label materials with:– author/copyright owner, – title and source, – type of CC licence that applies– a link to the licence terms.• It is important to always check whether the creator has

specified a particular attribution.

• Open Attribute (http://openattribute.com) is a tool recently developed by Mozilla Drumbeat to assist users of CC material properly attribute the CC material.

For further information on attributing CC material, see:http://www.smartcopying.edu.au/scw/go/pid/956

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Example: Image licensed under CC Attribution licence

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Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685

Where to start...

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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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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:


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Free for Education Initiatives• A number of organisations have agreed to make their

online material free for education:– Enhance TV Website http://www.enhancetv.com.au

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

– Cancer Council http://www.cancer.org.au/Home.htm

– World Vision http://www.worldvision.com.au

• Material available on these websites can be copied for ‘educational purposes’.

The Smartcopying website lists FFE websites:


References • This presentation – http://www.slideshare.net/nationalcopyrightunit/

• Smartcopying website - http://www.smartcopying.edu.au/scw/go

• 'CC BY – C Green 2011' – 'The obviousness of open-policy', © 2011 Cable Green - http://www.slideshare.net/cgreen/sloan-the-obviousness-of-open-policy used under a Creative Commons Attribution licence: http://creativecommons.org/licenses/by/3.0/

• Flickr images - http://www.flickr.com/

• CC in Australia - http://creativecommons.org.au/

• CC in Australian government - http://wiki.creativecommons.org/Government_use_of_Creative_Commons#Australia

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For More InformationCarl Ruppin

National Copyright [email protected]

(02) 9561 1267

Delia BrowneNational Copyright Director

[email protected](02) 9561 8876

www.smartcopying.edu.au

“Nearly one-third of the world’s population (29.3%) is under 15. Today there are 158 million people enrolled in tertiary education1. Projections suggest that that participation will peak at 263 million2 in 2025. Accommodating the additional 105 million students would require more than four major universities (30,000 students) to open every week for the next fifteen years. 1 ISCED levels 5 & 6 UNESCO Institute of Statistics figures2 British Council and IDP Australia projections CC BY – C Green 2007