CTHS Copyright Policy 2014 This copyright policy has been developed by teacher-librarians Amber Sorensen and Sally Casey. It is based on the schools information sheets available on the Smartcopying website and the Handbook for school libraries: Copyright in NSW government schools (2008). It is a summarised version of these documents. Should teachers require further clarification of copyright issues, they should consult the original documents. This policy should be revised every five years. Under special provisions, teachers and students can use other people’s material, provided certain legal requirements are met. Teachers should also be aware of, and take into consideration, the cost of copyright licences. This document assumes the purpose of teachers accessing material is for educational purposes only and only within CTHS. 1 Table of Contents What is copyright? ........................................................................................................................... 3 Why is copyright important? ........................................................................................................ 3 Copyright for teachers.................................................................................................................... 4 When copyright restrictions do not apply ........................................................................... 4 Managing the cost for copyright material ........................................................................... 6 Text and Artistic works .................................................................................................................. 6 Content management systems (CMS) ..................................................................................... 7 Format shifting .................................................................................................................................. 7 Podcasts/Vodcasts ........................................................................................................................... 8 Creating podcasts......................................................................................................................... 8 Using podcasts .............................................................................................................................. 9 Films .................................................................................................................................................... 10 Software............................................................................................................................................. 12 Music/Sound Recordings ............................................................................................................. 12 Wikis and blogs ............................................................................................................................... 13 Websites ............................................................................................................................................ 14 Performance of works ................................................................................................................... 14 Glossary ............................................................................................................................................. 16 Appendix ............................................................................................................................................ 17 Cherrybrook......................................................................................................................................... 24 AUTHORITY TO PUBLISH ................................................................................................................... 24 Bibliography...................................................................................................................................... 25 2 What is copyright? Copyright is legislation which can be used to stop people from copying certain creative works without permission. In Australia, copyright protection is automatic. As soon as a work is written down or recorded, it is protected by copyright. Only the copyright owner can reproduce and communicate the material. Only the copyright owner can licence or sell these rights to others. Copyright lasts for different periods of time depending on the type of creative work. For more information about the length of time copyright lasts, click here. When copyright elapses, the work is in the ‘public domain’. Once a creative work enters the ‘public domain’, anyone can copy the work without needing permission from the copyright owner. Simply because material is publicly available e.g. on the internet, does NOT mean it is in the ‘public domain’. Technology allows teachers and students to copy, communicate and store many copyright materials digitally. It is important to note that simply because it is possible to copy, communicate or store material, does not mean it is legally permissible to do so. Why is copyright important? Copyright provides creators with power over who can use their work, how their creative works can be used and if they will charge a fee for other people to use it. 3 Copyright for teachers In terms of teaching, the main copyright licences for education are: Education Education Education Education Education licence licence licence licence licence A: Statutory Broadcast Licence B: Statutory Text and Artistic Licence C: APRA Licence D: AMCOS Licence E: AMCOS/ARIA/APRA Licence The school has also purchased a Co-Curricular Licence. In addition there are the: Flexible Fair Dealings Exceptions Format Shifting and Copyright Amendment Act 2006 When copyright restrictions do not apply Linking Linking is not a copyright activity. This is because you are providing a path to its location and not copying any material. Providing links to material on external websites is a good way of handling copyright. However, it is good practice to include an acknowledgement of the source website. Embedding Embedding a link lets the user view and access the content without having to leave their website or intranet. Embedding a video is not copying. Original material created by you or the Department You can also use original material which either you or the NSW Department of Education and Communities created as long as it does not include material that was created by someone who is not an employee of the Department. However, you should label any material you create. If it is your own original work created in the course of your employment, you must include details of your school, year and department. 4 E.g. Created by A. Smith, Cherrybrook Technology High School, ©NSW Department of Education and Communities, 2014. Permission from the copyright owner You can use material if you have permission from the copyright owner. Ensure that the way in which you use the material is within the parameters of the granted permission and that you attribute the material clearly. If you don’t have permission and want to use more than 10% of the work you can contact the copyright owner to get permission. See the appendix for a letter template. Free for education and open education resources Free for education material occurs when the copyright owner has already granted permission for teachers to use their material. Benefits The DEC does not pay for the use of this material. Although you do need to properly attribute the material, there are no mandatory notice requirements. The material can be used on content repositories which are open to the public e.g. an internet site A lot, but not all, of these materials are also Open Education Resources (OER). This means teachers and students can modify and share the material. For a list of free for education materials and OER see the appendix. All free for education material should be labelled with the details of the copyright owner and author, the name of the work, where the material was copied from and when it was copied. 5 Managing the cost for copyright material To minimise the copyright fees paid by DEC, it is good practice to: Link to the material rather than copy it. Limit access to the material to those students who need to access it. E.g. one class of students rather than the entire school. Remove the material (from Moodle, Edmodo, DVC, Wikis etc) as soon as they are no longer required so that the DEC does not pay again for the same material every year. Text and Artistic works Text (literary works [books, newspaper articles, articles on websites, drawings, maps]; musical works [sheet music]; dramatic works [plays, scripts]) and artistic works such as photographs, illustrations and images can be used by teachers for educational purposes. These images can only be uploaded onto password protected content repositories with access restricted to teachers and students. E.g. Moodle and Edmodo. In order to manage copyright costs, you should only copy what you need for educational purposes. All copied material should be labelled with the name of the copyright owner and author, where the material was copied from and when it was copied. Each time an artistic work is copied and uploaded online the following notice must be attached to the work: COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of Cherrybrook Technology High School 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 reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 6 Content management systems (CMS) Moodle, Edmodo and DVC are examples of content management systems. If students are copying or communicating material stored on a CMS (eg emailing to class member or downloading material on to a flash drive) it is good practice to place a warning notice, such as the one below, on the system to ensure that individual students are not breaking copyright. NOTICE TO STUDENTS 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 Copyright Act 1968. Any material stored on a CMS for more than 12 months must be paid for again. Therefore, it is good practice to remove material that is no longer required for teaching and review content stored on a CMS regularly. Format shifting Whole collections (eg VHS tapes to DVD or DVC) cannot be format shifted ‘just in case’. Some limited format shifting is allowed if all of the following criteria are met: The original copy is lawful The copy will be used for the purpose of educational instruction in the near future (not ‘just in case’) It is not possible to buy the material in the new format within a reasonable time. For a DVD this is 2 weeks. For an electronic file this is 1 day. Any Access Control Technological Protection Measure is not removed or disabled in order to make the copy You do not upload the copy to the internet or give students access to an electronic file they could copy. It is good practice to label a format shifted copy eg. ‘Copied under section 200AB of the Copyright Act 1968’ It is not lawful to format shift VEA DVDs and VHS to the DVC CMS. 7 Podcasts/Vodcasts Creating podcasts If the material to be included in a podcast is owned by the school or DEC then any use can be made of that material by the teacher. If a teacher or student includes third party material in their podcast, they must include a notice with or on their podcast. For literary, musical, dramatic and artistic works: COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of Cherrybrook Technology High School 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 reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. For television or radio broadcasts: COMMONWEALTH OF AUSTRALIA Copyright Regulations 1969 WARNING This material has been reproduced and communicated to you by or on behalf of Cherrybrook Technology High School 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 reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice. 8 If material in a podcast is created by a student then the copyright belongs to the student and the school must obtain the permission of the student if it wants to use that material. Click here for a permission letter template. If a student created podcast will be uploaded to the internet or intranet (Moodle, Edmodo or DVC) and it includes material created by third parties then the podcast should only be able to be accessed by staff and students. The written consent of students (or their parents/guardians for students under the age of 18) and other persons appearing in a podcast should always be obtained. Click here for a permission letter template. Using podcasts If a podcast is of a program that was broadcast on free-to-air radio or television: Teachers can copy and communicate these podcasts as long as it can only be accessed by staff and students. If a podcast has not been broadcast on free-to-air radio or television you can still use it if: There is a notice on the website permitting educational use. Click here for types of notices. It is NEALS content You have received permission from the copyright owner to use the podcast. Click here for a letter template. 9 Films Teachers can play films, television and radio programs in the classroom as part of course instruction. VHS/DVD A digital copy of a VHS tape can be made and uploaded onto a password protected content repository such Moodle, Edmodo and DVC as long as: The original copy is a genuine non-pirated copy The film in digital format is needed for educational instruction. Making an online library of films ‘just in case’ they are needed is not allowed. The teacher is only copying what is needed for educational instruction, i.e. an extract It is not possible to buy the film in digital format The film is removed from the digital repository when it is no longer required. It is good practice to label copies with the name of the film, and the date it was copied. Online films Link to or embed online films whenever possible. For more information on linking and embedding click here. YouTube Teachers should not copy or download clips from YouTube. However, you can stream a YouTube clip directly from YouTube, link to or embed a YouTube clip. If you choose to embed a YouTube clip you are required to provide a link back to YouTube. Don’t use content that is likely to be an infringing copy. Free for education material – films Where the copyright owner has already given permission for teachers to use their material is known as Free for education. For more information on free for education material click here. 10 Playing films for non-educational purposes CTHS Library has purchased a Co-Curricular Licence which enables teachers to play films to their students on bus excursions, camps and rainy day activities. In these instances the film must be a legitimate copy and produced and/or distributed by one of the following studios: For a list of distributors click here. If you want to find out if a specific film is covered by the Co-Curricular Licence, contact: Dona Howard in the Library on x263 or donalyne.howard@det.nsw.edu.au This licence does not apply to: Playing the film to the general public For a school fundraising event Where advertising or promotion occurs during the playing of the film To an event which is advertised or promoted to people other than the students and staff of the school Film sources for schools The National Film and Video Lending Service (NFVLS) has an extensive collection of films from early silent films to recent releases. School can make bookings up to a year and advance. Roadshow Films represents many major film companies and provides films for school events. Amalgamated Movies provides films for school events by Sony, Columbia, Trisar, Icon and Madman. For more information on obtaining films from these services contact Dona Howard in the Library on x263 or donalyne.howard@det.nsw.edu.au 11 Software Usually, computer software in schools depends on the licence agreement that accompanies it. The program cannot be run on more computers than the licence allows. It is lawful to make a back-up copy in case the original is damaged. If students are studying programming and software then fair dealing and educational exceptions apply. This would allow: Decompiling computer software as part of a classroom lesson Translating an extract of computer code from one computer language to another as part of a programming lesson Allowing students to adopt a copy of computer software as part of a study project Including screen shots of computer operations in a presentation as part of a lesson. Running or demonstrating computer software in class Music/Sound Recordings Use of popular commercial music in podcasts/vodcasts or short films should be avoided as its use is only allowed in very limited circumstances. You can stream music from an intranet eg Moodle or Edmodo, as long as copies cannot be made of the streamed music. The following websites have music which is free for education Another option is to licence sound recordings from Audio Network http://www.audionetwork.com.au/ Vinyl, cassette or CD A digital copy of a sound recording from vinyl, cassette or CD can be made to a digital repository (eg Moodle or Edmodo) provided: It can only be viewed by teachers and students who are directly giving or receiving the instruction ie one class rather than the whole school. The original copy is lawful It is needed for educational instruction (not ‘just in case’) 12 The teacher is only copying what is needed for educational instruction ie one track and not the whole record It is not possible to purchase the sound recording in digital format The copy is removed from the digital repository once it is no longer required It is good practice to label copies with the name of the sound recording, artist and the date it was copied. iTunes and other digital stores The iTunes store Terms of Use state that products can only be used for personal, non-commercial use. It is unclear if a school would be in breach of contact if it plays copies of music downloaded. To rely on the fair dealing exception it must: Be for education instruction Non-commercial (not profit making) You only use what you need A similar resource cannot be purchased The content is not exposed to piracy It is removed from the CMS, blog, intranet etc when it is not longer required. Alternatives to purchasing digital music from online stores: Use free iTunes (or other online store) content Use free for education music Buy digital music from Audio Network A teacher can play digital media files from their iTunes library providing: It is for educational instruction It is non-commercial ie the school will not make a profit The content is not exposed to piracy Remove the resource from the CMS, blog etc when it is no longer required. Wikis and blogs See information in podcast/vodcasts 13 Websites Many websites are free for education because their terms and conditions allow material on the website to be copied for educational purposes. The following website terms and conditions allow use for education. Personal or non-commercial use Use in your organisation Educational use If the website has the NEALS logo (example) or states it is NEALS content Free copying If the terms differ from these they CANNOT be used for educational purposes. E.g. All Rights Reserved, or personal and non-commercial use. Performance of works Teachers and students can read or perform a literary, dramatic or musical work when it is: In the course of education and is not for profit. The people in the audience or class are giving or receiving instruction or are directly connected with the place where instruction is given. Performing for a fundraising activity or to the parents of students is NOT allowed. Under the APRA Licence, a school and its students can perform music at the school or off-school premises at any event connected with school activities. This includes any live performance of music by teachers or students. The following are covered by the APRA Licence: School concerts and performance evenings (choirs, singing groups, school band, orchestra or rock bands) School sports days, dance and fitness classes School formals and dances School award nights or graduations School performances at music festivals, including music eisteddfods and the NSW Schools Spectacular or equivalent events in other States or Territories. 14 Use of music-on-hold Playing films to students which contain music where that school has a Co-Curricular Licence (CTHS has this licence). 15 Glossary Cloud computing – the delivery of computing servies such as software, data access and data storage facilities over the internet rather than through a personal computer or location server. Communication – making copyright material available online or electronically transmitting copyright material eg email or streaming, posting on the internet or intranet, providing access over a network. Content Management System (CMS) – software application which enables teaching material to be sourced, managed, accessed and delivered in a digital environment eg. Edmodo, Moodle and DVC. Digital repository – a mechanism for managing and storing digital content. eg Moodle, DVC, Edmodo Educational instruction – using the material to prepare for class, to use in a classroom exercise, for compiling resources for homework, research or assessment tasks or any other activity connected with teaching. Format shifting – copying content from one technological format to another e.g. making a DVD or an electronic file copy of a VHS tape. Performance – any mode of visual or aural presentation such as reciting a poem, showing a film, playing a sound recording, staging a performance of a play or displaying a diagram or plan on an overhead transparency Podcast – digital media file made available on the internet or an intranet. It usually includes aural and visual material such as film, sound and pictures. Public domain - works where the period of copyright protection has expired Vodcast – podcast that includes audiovisual material Wikis and blogs – websites that can host material from text to videos and music. They are also interactive forums where visitors can easily contribute material and work together to produce new content. 16 Appendix Copyright notices Teachers need to read the terms and conditions of a website when wanting to copy material from it. If the terms and conditions allow copying for 'educational use', a teacher will not have to rely on the Statutory Text and Artistic Licence. 'Educational use' is included if the terms and conditions of the website permit copying for any of the following uses: Non-commercial use Use in your organisation Personal or non-commercial use Educational use Free copying 'Educational use' is not included if the terms and conditions of a website state that copying is permitted for: Personal use Personal and non-commercial use Personal, non-commercial Copying not permitted The website does not permit copying for educational use where a website has: no terms and conditions; or no terms and conditions but contains a copyright statement (i.e © Stuart Williams 2009); 17 Appendix Permission to Use Copyright Work in a Podcast Sample Letter to Request Permission to use Copyright Work in a School Podcast Address block: Correspondent’s title & name Organisation (where applicable) Full address Dear insert title and surname I am writing on behalf of the [insert school name] to request permission for students in [year] to use the work, [name or description of work] in a podcast on the topic of [Description of podcast]. A podcast is a digital file which can incorporate interviews, news items, sound recordings, music and audio-visual material. Student created podcasts are generally placed on school intranets for students and teachers to access at school and/or home and, in many cases, on schools’ publicly accessible websites to share with other students, schools, and the general public. We seek your permission to copy and communicate the following copyright material (“Work”) of which you are the owner so that it can be included in this podcast: [details of source material – type (eg music, interview, article, art work, other audio visual material etc) author/composer, date of publication/recording, title, publication, page, section and/or paragraph/s] If you agree to grant the requested permission, please complete and sign the attached form and return a copy to [Name of School] at the following fax number: [Insert Fax Number] or return by mail to the following postal address [insert postal address]. If you are not the rights holder of the Work, we would appreciate it if you would provide us with any contact information you have about the rights holder. If you require any additional information regarding this request please contact [contact name] on [insert phone number] or [insert email address]. If you require further information regarding the NEALS agreement, please contact the Copyright Unit on (02) 9561 8179. Yours sincerely, Insert Name Title Date 18 Details of work and rights holder Work [Insert Name Or Description Of Work] Name [Insert Name] Company / Organisation [Insert Company Or Organisation Name] [Insert Address, If Known] Address Telephone Number/s Fax Number Email address [Insert Telephone Numbers, If Known] [Insert Fax Numbers, If Known] [Insert Email Address, If Known] I confirm that I am the rights holder of the Work, and I authorise the use of the above Work in a podcast produced by students at [School] without payment for the full term of the Work’s copyright for: The school’s intranet for students and teachers to access at school and home and the school’s publicly accessible website and to make the Work available free of charge. The school’s secure intranet for students and teachers to access at school and home The school’s secure intranet for students and teachers to access at school only Please credit me as follows:_________________________________________ Permission is not granted for the use of the material as described above. I am not the rights holder of the Work. The contact details of the rights holder are as follows: The information provided on this form is being obtained for the purpose of administering educational programs for students in NSW Department of Education and Training schools. Provision of this information is voluntarily. The information contained on this form is personal and will be stored, used and disclosed in accordance with the requirements of the Privacy and Personal Information Act 1998 (NSW). Signature: Date: 19 Open education/Free for education resources General information/teaching resources: Creative Commons search page, which uses Google and other wellknown search engines, but only brings back resources that are licenced under creative commons: http://search.creativecommons.org/ Curriki: http://www.curriki.org/ OER Commons: http://www.oercommons.org/ Encyclopaedia of Life: http://eol.org/ Connexions: http://cnx.org/ Wikipedia: http://en.wikipedia.org Wikieducator: http://wikieducator.org/ Trove: http://trove.nla.gov.au/ TedEd: http://ed.ted.com LeMill: http://lemill.net/ Quizlet:http://blog.wikispaces.com/2013/11/our-newest-educationwidget-quizlet.html WA Department of Education ‘First Steps’: http://www.det.wa.edu.au/stepsresources/detcms/portal/ Solvonauts: http://solvonauts.org/?action=index Scootle: http://www.scootle.edu.au/ec/lobjects.htm The World Bank's Open Knowledge Repository: https://openknowledge.worldbank.org/ "A Guide to Free and Open Source Education": http://www.shareable.net/blog/a-guide-to-free-and-open-sourceeducation Creative Commons: Open Educational Resources: http://creativecommons.org/education#V4.0 Articles: Directory of Open Access Journals: http://www.doaj.org/ 20 Videos/Films: Youtube Creative Commons videos: you can search then filter results for only Creative Commons licenced videos: http://www.youtube.com/ TeacherTube www.teachertube.com is a video website that allows people to watch and share educational videos worldwide. blip.tv – free film distribution site National Film and Sound Archive http://colsearch.nfsa.gov.au/nfsa/search/search.w3p;adv=;query=; resCount= Maps: http://www.maps-for-free.com/ Online courses: P2PU: https://p2pu.org/en/ Khan Academy: https://www.khanacademy.org/ MIT Open Courseware: http://ocw.mit.edu/index.htm Math: GeoGebra: http://blog.wikispaces.com/2013/10/announcing-a-new-educationwidget-geogebra.html Math is power 4 u: http://mathispower4u.yolasite.com/ My Open Math: https://www.myopenmath.com/ 21 Music: http://www.jamendo.com/en http://www.purple-planet.com A list of music communities that utilize CC licences: http://creativecommons.org/music-communities Remix website, great for adding sounds or background music: http://ccmixter.org/ Opsound: http://opsound.org/index.php Sound Cloud: http://soundcloud.com/creativecommons audionautix: http://audionautix.com/ Free Music Archive: http://freemusicarchive.org/ freesound: http://www.freesound.org/ For additional resources see: http://www.makeuseof.com/tag/14websites-to-find-free-creative-commons-music/ Sound effects: http://incompetech.com/music/royalty-free/ Images CC finder: software that you can download for free which then allows you to search the web for CC images: http://www.abelssoft.net/ccfinder.php Flickr: http://www.flickr.com/creativecommons/ The Wellcome Institute has released 100,000 high-resolution images available under a CC-BY licence: http://wellcomeimages.org/ Compfight, which is a Flickr search tool that can filter for CC licenced photos: http://compfight.com/ Google images, which allows you to filter by reuse rights under 'search tools': http://www.google.com/imghp Creative Commons search function: http://search.creativecommons.org/ Wikipedia Commons: http://commons.wikimedia.org/wiki/Main_Page CSIRO's science image: http://www.scienceimage.csiro.au/ University subjects: panOpen: https://www.panopen.com/ 22 Labelling 23 AUTHORITY TO PUBLISH Cherrybrook Technology High School would like to use audio, video and/or photographs of your child in a podcast. A podcast is a digital media file that is made available on the Internet or an Intranet. The use of podcasts is for teaching and/or learning purposes. By signing this form you agree to the following: Cherrybrook Technology High School 28-44 Purchase Road Cherrybrook NSW 2126 Telephone 02 9484 2144 Facsimile 02 9875 4537 Email 1. Cherrybrook Technology High School is able to use the audio, video and/or photograph cherrybrokh.school@det.nsw.edu.au Website 2. 3. The audio, video and/or photograph may be reproduced in colour or black and white and may be altered, distorted or blurred for design purposes. You will not be consulted about the specific context in which your audio, video and/or photograph appears. www.cherrybrokh.schools.nsw.edu.au Principal Mr G Johnson Deputy Principals Mrs J Weal Mrs J Bevan Mr M Townsend Your agreement to permit the use of the audio, video and/or photograph/s is greatly appreciated. Yours faithfully [insert teacher name] [insert teacher title] -----------------------------------------------------------------------------------------------------------------------------I have read this form and agree to my child’s audio, video and/or photograph being used for the purposes outlined above. Student’s Name: ________________________________________________________ Year: _________________________ Parent/Guardian Signature: ________________________________________________________ Date: __________________________ 24 Bibliography National Copyright Unit (n.d.). Smartcopying information sheets. Retrieved 8th September 2014 from http://www.smartcopying.edu.au/information-sheets/schools National Library of Australia (n.d.). How long does copyright last? Retrieved 8th September 2014 from http://www.nla.gov.au/how-longdoes-copyright-last NSW Department of School Education. (2008). Handbook for school libraries: Copyright in NSW government schools. Retrieved 8th September 2014 from http://www.curriculumsupport.education.nsw.gov.au/schoollibraries/asset s/pdf/hbkcopy.pdf 25