Smart copying

Check out the website developed by Copyright Advisory Group (CAG), a committee of the Schools Resourcing Taskforce (SRT) of the Australian Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA). The CAG have a very useful website covering copyright in education. Although aimed at the school sector, it has very useful information that anyone in the education sector can utilise.

http://www.smartcopying.edu.au/index.html

Fair dealing

Fair Dealing
A number of circumstances in which the preproduction of a limited or fair part of the work is permitted. No permission is required, and no payment is due to the copyright owner. The circumstances for fair dealing are;

Research or study
Must be for the purposes of research or study. In brief, a whole of part of an article in a periodical; more than one article in same edition if on same subject; 10% of the work or one chapter, for works other than textual the amount copied must be fair. Sufficient acknowledgment of the work is required.

Criticism or review
permits the use of whole or parts of a work or material for the purpose, which is ordinarily desired by a copyright owner, and informs the public and possible consumers of the work. Sufficient acknowledgment of the work is required.

Reporting the news
permits the use of whole or parts of a work or material for the purpose, either in print, broadcast or any other means of communication. Sufficient acknowledgment of the work is required.

Legal Advice
permits use of any work, literary, dramatic, musical or artistic for the purpose of giving professional advice by a legal practitioner, patent attorney or trade marks attorney. Also for the purposes of judicial proceedings or a report from judicial proceedings.

NEW! Parody or Satire
permits use of a work for parody (1) a humorous or satirical imitation of a serious piece of work, (2) the kind of literary composition represented by such imitations or Satire (1) the use of irony, sarcasm, ridicule, etc exposing, denouncing, or deriding vice, folly etc. (Macquarie Dictionary).

Please note the new provision does not affect the creator’s right to take legal action if his work is treated in a derogatory way under the moral rights provisions, or for taking legal action for defamation.

Insubstantial Copying

This week we look at insubstantial copying. It has been a long established practice that educational institutions can copy ‘insubstantial portions’ of literary and dramatic works, NOT musical or artistic.

These copies have to be used in the course of education, on the premises of the institution, and a whole work can never be copied. This is totally free and not remunerable under the statutory licence.

What is insubstantial? In the old terms this was 1% of the original work if the work was over 200 pages, or two pages for works under 200 pages. Nor could a teacher use any part of the same book within 14 days.

What the amendments did was legalise what many have been doing anyway, for electronic works. If an electronic document is paginated, like a printed book, for example a PDF document, then you can copy 1 to 2 pages.

For works that are not paginated, you must go back to the old rule of no more than 1% of the words, and it has added that they must be consecutive to be considered insubstantial. Otherwise it is considered remunerable under the statutory licence.

What you must do: To comply with the Act, all you need to do, is include a citation of the original work.

There is more to this topic, this is a simple overview of the topic. I have also read that it may be prudent during a statutory sampling survey, to mark these copies with something like “insubstantial copy” to ensure it is recognised from all the statutory copying, up to you to think about.

Podcasts and copyright

Over the next few weeks I’ll start updating you to the changes brought about by the latest copyright laws change. Please remember there a lot of changes, but in the blogs I’ll do topic specific ones, so a bit at a time.

 Today podcasts and vodcasts of broadcast content.

This change relates specifically to material that was originally broadcast on commercial or pay TV, and then was put onto a website for you to download as a podcast etc. We can now download and use this material even if the site says “for private and home use only”. You can download the material and use it in the classroom or in your online classroom. This will be done via the Screenrights licence, so all the conditions that apply to ‘off-air’ recordings apply to these pod or vod casts.

If you are on a sampling method, all you need to do it put the copyright notice near the file, and record details of when you acquired it, just like an ‘off-air’ recording. Then next time you are being sampled you will need to record details of the podcast or vodcast just like you did with the recordings.

If you are on the continious recording method, then you will need to record it the same way record an ‘off-air’ recording.

For those woth no Screenrights licence, then you must continue with getting permission each time you wish to download and use.

Please note – this does not apply to material you obtained via a creative commons licence, for that material you need to follow the terms of the licence, and remember to keep the CC logo with the material.

Copyright amendment pass

The copyright amendments that I mentioned recently passed Parliament yesterday.

“It seems that the Copyright Amendment Bill passed the House of Reps at around 4:15pm today. Welcome to the new Australian copyright world. Presumably royal assent will occur sometime mid December, and it will all be fully in place soon.” Compliments of http://weatherall.blogspot.com/2006_12_01_weatherall_archive.html#116530151441788879

So more annoucements soon on how this may affect the VTE sector and us at CIT.

Vanessa

Copyright Amendment legislation

I have been quiet lately, but copyright has not, there is so much discussion about the new copyright amendments that are currently passing through the Commonwealth Parliament, not a lot of discussion on how it may affect educational institutions like those in the VTE sector – I suppose the jury is still out on it. If you want to find out about the discussion suggest looking at the following blogs, which have lots of background and then thoughts about them.

http://weatherall.blogspot.com/

http://www.lawfont.com/

Welcome to Copyright at the Canberra Institute of Technology

A blog to discuss the very scary issues of copyright in the Australian Vocational Training and Education sector. ‘Scary’ in term of nobody wants to talk about it in case ‘they’ find out. Not sure who ‘they’ are! but just in case, this blog’s views are my own and not the Institutes, and it discusses practical ways meet our teaching and learning needs, within our copyright obligations.