Transcript Slide 1

Update on Changes to the Copyright
Act and Learning Content
Management Systems
Alison Davis
National Copyright Manager
Schools Resourcing Taskforce, MCEETYA
Session Outline
• Introduction to Smart Copying
• Copyright Amendments 2006 –
Educational Exceptions
• Learning Content Management Systems
• Smart Copying Initiatives
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Copyright Advisory Group (CAG)
• Representatives from each State and Territory Education
Department, CEC, AIS and DEST
• National body responsible for copyright policy and
administration for Australian schools and TAFEs on
behalf of MCEETYA (Ministerial Council on Education,
Employment, Training & Youth Affairs)
• Created to ensure coordination and cooperation between
the states and territories and government and nongovernment sectors on the national issue of copyright.
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Smart Copying
Key objectives are:
• reduce copyright costs; and
• introduce better copyright
management practices in schools
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Copyright Costs on the Rise
Costs under Part VB Statutory Licence
Australian Schools
1999-2006
$51,794.8m
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000 $9.6 m
$5,000,000
$0
1999
2000
2001
2002
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2003
2004
2005
2006
Copyright Amendments 2006
• Educational provisions:
– s200AB – flexible fair dealing - non-commercial uses
for purposes of giving educational instruction
– s28 (5), (6), (7) – Communications in and to the
classroom
– s200AAA – proxy caching
– Extension of Part VA to communications of free-to-air
broadcasts eg webcasts and podcasts
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New s200AB Flexible
Fair Dealing
Q. What rules apply to s200AB?
A. There are six rules that apply to s200AB:
1. Use must be for purposes of giving educational
instruction
2. Use must be non-commercial
3. Must be a “special case”
4. Must not conflict with “normal exploitation” of
copyright material by copyright owner
5. Use must not “unreasonably prejudice” copyright
owner
6. Must not remove/disable an Access Technological
Protection Measure
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New s200AB Flexible
Fair Dealing
Q. How do I know if my use is “for the
purposes of educational instruction”?
A. This covers using the material for:
– Teaching (including remote teaching)
– Preparation for teaching
– Preparing materials for students to use for
homework, research tasks or other uses in
connection with teaching
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New s200AB Flexible
Fair Dealing
Q. How do I know if my use is “non-commercial”?
A. This means that you, your class or school
cannot:
•
•
make a profit or obtain some other commercial
advantage from the use.
You can, however, make a cost recovery charge
Eg if you copy material onto a disc you can charge
students to cover the cost of their disc.
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New s200AB Flexible
Fair Dealing
Q. How do I know if my use is a “special
case”?
A. Your use must be narrow in both size & scope.
Eg Using specified copyright material for a
particular classroom activity is narrow – more
likely to be a “special case”.
Copying a large amount of material “just in
case” with no specific plan for its use in the
classroom unlikely to be a “special case”.
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New s200AB Flexible
Fair Dealing
Q. How do I know if my use “conflicts
with the normal exploitation of the
copyright material” I want to use?
A. Your use will “conflict with the normal
exploitation of the copyright material”
where a copy of the material is available
for purchase.
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New s200AB Flexible
Fair Dealing
Q. How do I know if my use will unreasonably
prejudice the copyright owner?
A. This will occur if your use hurts the copyright
owner’s interests – economic or non-economic
Eg. If you expose the copyright owners material to a
high risk of piracy eg by uploading a music file to
the Internet
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Section 200AB in practice
Exception?
Statutory licence?
Educational
institution?
Teaching
purposes?
Commercial
advantage/
profit?
Lawfully
acquired?
Conflict with
normal
exploitation?
Unreasonably
prejudice?
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Special case?
New s200AB Flexible Dealing
8 new common uses by schools permitted
Important to Note: All examples assume that
source copy of material has been legitimately
acquired by school
1. Make captioned versions of films for hearing
impaired student when not possible to buy
captioned version
2. Convert 8-track or VHS tapes to DVD when not
possible to buy DVD of that sound recording or film
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New s200AB Flexible Dealing
8 new common uses by schools permitted
3.
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 not
possible to purchase similar teaching resource
4.
Convert a film on Video to digital file format when not
possible to buy a digital version of the film (note AntiCircumvention provisions)
5.
Include short extracts of music in PowerPoint teaching
aids
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New s200AB Flexible Dealing
8 new common uses by schools permitted
6. Translate an extract of an Australian novel into
French for a French language class
7. Stage a performance of a play from the drama
syllabus for family & friends to provide drama
students with practice for a performance
assessment
8. Prepare an arrangement of a musical work to
perform in a music class
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Amendments to s28
• Section 28 a ‘free’ exception to enable
copyright material to be performed in
class, or otherwise in presence of
audience as part of educational instruction
• New subsections (5), (6) and (7) extend
s28 to communications made to facilitate
performance of copyright material to
students in class or online
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5 Things You Can Now
Do Under s28
• Use an electronic reticulation system to play a
video or DVD to a class
• Display or project material to the classroom via
PowerPoint or interactive whiteboard
• Communicate material to external students
using virtual classroom software
• Play a film from the school intranet to a class
• Recite a poem to a virtual class using Skype
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s28,s200AB,Part VA &VB Overlap
Making the initial digital copy:
• Print and/or artistic works – under Part
VB (subject to copying limits)
• TV or radio broadcast – under Part VA
• DVD/Video (not a broadcast) – maybe
under s200 AB if it is not commercially
available
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s28,s200AB,Part VA &VB Overlap
• If you want to place material on a intranet
to use in class and you take it down at the
end of a lesson, you can rely on section 28
(and its use is free)
• If you want to store it on an intranet
beyond the end of a lesson, you might be
able to rely on either s200AB or the Part
VA or VB statutory licence
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New s200AAA Proxy Caching
• Covers school networks (incl. provision of
Internet access)
• Temporary copies made automatically by
network in response to actions by users
• Helps make internet access more efficient
• Confirmed – not a copyright infringement
– not a “communication” by user
– not remunerable under Part VB
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New s22(6A)Reading
from the Internet
• “Tell Students to View” issue
• Student reading from Internet or clicking
on hyperlink to access webpage
• Not a “communication” by user
• Not “remunerable” under Part VB
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Extended Part VA – Webcasts
and Podcasts
• Part VA (Statutory Broadcast Licence)
extended to include podcasts & webcasts
which have originated as free to air
broadcasts
• Doesn’t cover podcasts/webcasts:
– which have not been broadcast
– from Pay TV sources
• Observe standard marking/record keeping
requirements
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Copyright Protection Measures
• Law now distinguishes between:
• Access Control Technological Protection Measures (ATPM)
– Used by copyright owners to control access to content
– Eg password control systems, fee for access, time access
controls, encryption systems which require authorised players to
use content
• Copy Control Technological Protection Measures (CTPM)
– Used to prevent, inhibit, restrict copying or communicating the
copyright content
– Eg software locks that prevent copying, downloading, encryption
that prevents disc being copied, technology that makes copy of
film unwatchable
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Copyright Protection Measures
• Copyright Act now bans circumvention of
Access Control Technologies (ATPM)
• No Ban on circumvention of Copy Control
Technologies (CTPM)
• Can only circumvent ATPM to exercise
rights under Statutory Print (Part VB)
Licence – to access & make copies of part
of a literary, musical, dramatic or artistic
work in digital form
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Copyright Protection Measures
• New ban on all dealings in circumvention devices and services
• You can manufacture or import a circumvention device for your own
use only, however you cannot purchase one in Australia
• Applies regardless of whether designed to remove/disable ATPM or
CTPM
• Not permitted to:
– manufacture or import a circumvention device for another person
– distribute, provide or offer a circumvention device to another
person
– communicate a circumvention device (including posting on
internet or emailing)
– provide a service to circumvent an ATPM or CTPM
• Criminal Penalties Apply
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Copyright Protection Measures
Essential to first consider
• Content may be protected by both ATPM or
CTPM – rules re ATPM apply & cannot
circumvent
• If seeking to circumvent TPM must always
establish if intended use is permitted in first
place (eg is it permitted under a statutory
licence? does flexible fair dealing apply?)
• Otherwise may infringe copyright on two counts
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Copyright Protection Measures
Q. Can I remove the copy protection on a
VHS tape to format shift it to DVD?
A.
In most cases yes – the most common technology
used on VHS is Macrovision – does not prevent
access – its adds a signal so that you can copy but
result is unwatchable. It is a CTPM and can be
circumvented to allow format shifting as long as the
format shifting itself is permitted (eg under flexible fair
dealing or because it is program copied under Part VA
statutory broadcast licence).
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Copyright Protection Measures
Q. Can I remove the copyright protection
measure on a DVD to format shift it to MP4?
A.
For most commercial DVD’s – No. The most commonly used
technology used on DVDs is an encryption system called CSS
(Content Scrambling System). The software code on authorised
players “unlocks” the encryption when played ie the CSS controls
access – it is an ATPM. Removing it is unlawful.
Some educational DVDs may not have CSS and use other
copyright protection which you may be able to circumvent but
check with Local Copyright Manager or NCU first.
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Copyright Protection Measures
Q. Can I use software like DVD Shrink to
create a temporary copy of a film to
let me copy small extracts of a film to
use in class?
A.
No. This would involve applying decrypting software to
unlock the CSS code and obtain an unencrypted digital
version of the film. This would be a circumvention of
an ATPM and is unlawful. The fact that you are only
making a temporary copy is irrelevant.
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Copyright Protection Measures
Q. Can I use a video stabiliser to copy a
film on VHS to DVD?
A.
Yes. Video stabilisers are used to remove the
Macrovision signal from VHS. The Macrovision is a
CTPM and can be circumvented as long as the format
shifting itself is permitted (eg under flexible fair dealing
or because it is program copied under Part VA
statutory broadcast licence).
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Learning Content Management
Systems
Some works you can copy and store using
LCMS:
• films and music
• television and radio broadcasts
• print works, such as photos, maps and
newspaper articles
• podcasts
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Learning Content Management
Systems
Consider potential costs and risk of
copyright infringement in relation to:
1. Putting material on the LCMS
2. Using the LCMS
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Putting material on the LCMS
• Print
• Broadcasts
• Films (other than films copied from TV
under the statutory broadcast licence)
• Music (other than music copied from radio
under the statutory broadcast licence)
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Teachers Using the LCMS
•
•
•
Teachers can copy and communicate material
under the statutory and voluntary licences
within the limitations of those licences
If schools or TAFEs negotiate licences directly
with copyright owners, they need to ensure the
licences permit copying and communication by
teachers
If teachers want to adapt or manipulate
material, they generally need to obtain
permission from the copyright owner
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Students Using the LCMS
• The statutory licences do not permit students to copy
and communicate material.
• Students wanting to copy and communicate material
need to rely on fair dealing provisions or on direct
licences with copyright owners
• We recommend including terms of use policies and
warning notices advising students of how they are
permitted to use the LCMS
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Impact of LCMS on Jurisdiction’s
Copyright Costs
• Significant costs for ongoing storage of material
on the LCMS (any material stored on an LCMS
for 12 months is deemed to be a new
communication)
• If copying and communication increases,
copyright costs will also increase.
• Administrative and licensing costs associated
with obtaining licences to use material outside
the scope of the statutory licences
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Learning Content Management
Systems
Suggestions:
• Consider all potential costs when
assessing costs of LCMS
• Be aware that there are limitations on what
can be copied and communicated under
the statutory licences
• Develop internal systems to ensure the
school does not infringe copyright when it
uses the LCMS
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Smart Copying
• National initiatives –
– National Copyright Guidelines
– Smart Copying Website
www.smartcopying.edu.au
– NEALS (National Educational Access Licence
for Schools)
– Verifying processing of copying volumes &
types
– Information Sheets and education activities
– A protocol for shared repositories
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A Protocol for Shared Content
Repositories
• Standardised process required to manage
shared content
• Need licences that are wide enough to permit
online use and sharing for reasonable time
period
• Reduce reliance on costly Statutory Print (Part
VB) Licence that only provides limited access
• Reduce risk of copyright infringement
• Increase use of Free For Education and own
resources
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Conclusion
● We don’t want copyright law to inhibit the
creative adoption of new technologies in schools
● Need to raise awareness of rising copyright
costs
● Should aim to achieve “best practice”
management of digital resources, school
intranets, content repositories and shared
networks
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National Copyright Unit
Delia Browne
[email protected]
(02) 9561 8876
Alison Davis
[email protected]
(02) 9561 1267
Hilary May Black
[email protected]
(02) 9561 8730
Smart Copying Website: www.smartcopying.edu.au
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