I have been hanging out hoping someone was going to provide an intelligible account of what educators needed to know about copyright since the changes to the Copyright Amendment Act 2006. Thanks to Ian for trying his hardest (and with humour) at the SLAV conference today. He outlined what we need to worry about in the 200 pages inserted in the act and explained what he referred to as the ‘glossy new add-ons.’
He noted that copyright and flexible thinking (the theme of this conference) seems a contradiction in terms. It is more usually thought of as the epitome of rigid thinking or paralysis of fear. At least he thinks keeping up with changes in copyright legislation will help you battle Alzheimer’s – it will certainly keep your mind flexible.
My notes..... [not to be assumed I either got them right, or understand full implications of what follows]
Educational provisions
Part VA Screenrights scheme
Now with podcast add-on: schools can copy radio and TV material in its podcast version
Checklist?
- Radio or TV only, whether commercial, free, or satellite – if you can receive it you can copy it
- You can also change format to any format you like, eg DVD, mp3 etc
- You must mark analogue copies
- You can also communicate the material by making available through Learning Management Systems (eg Clickview) and Internet if restricted to your students
notice format must be followed
Part VB Copyright Agency Limited
Not quite as new and improved as Part VA – fairly minor tweaks, check these out
- insubstantial parts (eg paragraph)
- anthologies
- AMOUNT = 10% or 1 chapter
- AVAILABILITY
- Digital copies can be placed on LMS/Internet
- Notice: warn the recipient that material might be copyright and not to copy further
- ACCESS: take reasonable steps to restrict access: passwords, encryption
Library provisions
There are also specific library provisions which may be relevant
- REPLACING: provision for material stolen, or which becomes worn out through use BUT not ‘in case’ that happens, can be copied or sourced as a replacement copy elsewhere BUT not if the material is commercially available.
- ONLINE ON PREMISES – no limit on amount of content for something acquired electronically can be provided WITHIN the library and printing permitted. Requires notices near printers to inform users of their responsibilities.
AMCOS licence
Refers to photocopying ONLY
Digitising print music requires reference to CAL Part VB
AMCOS/ARIA licence
Issue of format change to availability of commercial sound recordings (use Screenrights for taped off air/radio) loaded on intranet within educational institution for research purposes
Access on intranet but with authentication/restricted access
Section 28
Playing music within the classroom is deemed NOT to be public performance (popular music, instrumental teachers, music classes) so is not an issue
In 2002 piping music through a centralised system/server or LMS/CMS was deemed to be a performance
2006 – changed to accommodate merely to facilitate communication for in-class
performance
NOT to cover entertainment/end of term treat. Need to think flexibly to make this an ‘educational experience’ – then it does not require permissions (or to pay the $90 per ‘performance’ cost).
GAP – if you have to COPY a commercial video or DVD to your server you may have problems, but if server only READS from the DVD it is fine.
Section 200AAA
All NEW
Only half of what the education sector (CAG) asked for and agreed to by Screenrights, who wanted to allow Primary Schools to be allowed to actively cache and provide it OFFLINE, so that protected material can be ensured.
Proxy web cache (cache on a proxy server) provided you only do it TEMPORARILY.
A lot of controversy over how far they stretch.
Section 200AB
The shiniest of all the new provisions
Just for that ‘special case’ / flexible dealing provision
Must ensure that the use is NARROW in both a quantitative and qualitative sense
1. Threshold: that there not be an existing provision available
2. ONE of three purposes
- educational INSTRUCTION
- operating or maintaining a library (or providing a service usually offered by a library – may be a future service)
- assisting someone get a copy of something in a form or with a feature which reduces the effect of a disability (print, intellectual, learning, physical etc)
3. Three hoops
- doesn’t conflict with normal exploitation (now or potentially in future, trade law issues)
- doesn’t UNREASONABLY prejudice the copyright owner
- a ‘special case’
Educational sector’s wish list - included format shifting/
- preventative/back up copies
- examination copying
- web caching
- distributed systems
Individuals can now format shift, eg tape off air to watch later
Not such an issue for students because they are entitled to do many things as a personal/study purposes, so give them the url rather than reproduce the content.
As long as you are providing links to non-infringing material there should be minimal issue. May be able to revisit the ‘get permission to link’ policies in some sectors in the light of the recent Queensland mp3s for free case.
Express permission
- Creative Commons
Is almost an evangelical movement. Ian warns copyright owners off using this licence, but encourages educators to make use of Creative Commons
- NEALS: National Educational Access Licence Scheme
Education sectors in conjunction with governments and statutory organisations. Not sure if they are going to keep the blue square logo – it may change in the future
- FfE: Free for Education
AESharenet – also restructuring at moment
Implied permission
- A print-friendly version seems an invitation to print the material
- email to a friend – does this imply personal use?
Resources and commentators
- CAL guidelines includes notices wording
- Screenrights pamphlet includes notice wording
- AMCOS/ AMCOS/ARIA and APRA Guidelines
- enhanceTV
- Australian Copyright Council information sheets
www.copyright.org.au
- National Copyright Guidelines (Copyright Advisory Group)
www.smartcopying.edu.au – Information sheets not updated in relation to new act yet
- Sector advisors, Victoria Shirley Thompson
thompson.shirley.c@edumail.vic.gov.au
- Kenneth Crews, Indiana
- Apparently one summary version of changes has been distributed to schools. Check this out.
- Explanatory memorandum! If you’re brave
Keywords: copyright, Copyright Council, digital rights, library technicians