New Technologies Copyright Workshop notes

New Educational Technologies – Copyright Workshop

These are brief notes from a copyright workshop on new technologies.

Source: Australian Copyright Council seminars

Venue: Level 1/111 Harrington St Sydney

Presenter: Virginia Morrison


Workshop Outline

Checking  copyright considerations – methodology red light, green light or amber light

  • Using content and learning management systems
  • Wikis blogs web quests and podcasts
  • Software ppt
  • IWBs
  • Mobile devices
  • Wrap up and final questions


Key focus examples to test

  • Some pages from a textbook
  • An extract of notated music
  • A book that is out of print
  • An article from a periodical
  • An image from the Internet
  • An image from a book
  • An image from a cd rom
  • Something Copied from TV or radio
  • Material from a website
  • A link to a website
  • A commercially produced cd
  • An mp3 file
  • A commercially produced video or DVD
  • Something licensed under creative commons or a NEALs licence
  • Material copied from YouTube


General introduction

Copyright Act 1968 designed to be technology neutral. To cover new technologies as they arise and develop. Was amended in 2001 to bring it up to date with the digital age.  We  have  moved on since then. Legislators can only see far into the future.  So it is not easy to apply to new technologies as they develop.  New right of communication of information to the public.  The rights of education institutions were beefed up so they had rights to use materials in a new context.  So covers digital copying and online communication.

Technologists want to sell you technology they will not be focussed on the copyright issues.  We need to be up-to-date with these implications. Technology can be invented that can be illegally used. Sometimes there is this tension.

Focus onto things the technology and the content that is produced by other people.  Mediated how you use the content.


Three ways content providers protect their content.


1. Copyright

2. Contract. A bit of debate which comes first.  Contract trumps copyright – govt perspective.

3. Technology protection measures


The third way is by technological protection measures. That is through the use of meta data showing details of created etc embedded into the work.  Electronics rights management is the expression. Note that meta data can be stripped out , especially photos. Other aspect access and copy control measures such as password mechanism to access content and copy control mechanisms – use of content on different platforms Digital Rights Management DRM. You may have rights to copy under CAL license but the above can block it.

Creative Commons and the like

Creative Commons: four levels

  • attribution,
  • non commercial,
  • no derivative works
  • share alike are the four levels.


Came about from Prof Lawrence Lessig. If you want to asset copyright you need to register it.  Also life plus 50 and plus 70 had come up and something needed to be done about the use of materal that had passed 50 or 70 years. There is a commercial option if you want to make money. Educational institutions are considered as non commercial. This is in effect a contract.

Other similar methods

  • and
  • NEALs

The copyright considerations are twofold

  • Communication
  • Reproduction


Here we discussed what we can put on our intranets and portals etc. Click view  …issues communicating or electronically transmitting content. Also reproduction.  So two rights activated are communication and reproduction.

  • Load pages of a  book – amber only 10% or one chapter or a reasonable portion. If book not commercially available in a reasonable time at a reasonable price –  can do whole book.  Would look to your CAL licence.  need to limit material to the school community- ie limit the access students staff and possible parents. Cannot just put it on the website.  The institution cannot exceed the limits.  Eg another class might want a 10%.  Put them up for different classes. Need to look into this in more detail.  Not commercially available book but publishers will sell you a licence and give you an electronic copy.   See if contract says upload to CMS. Need to observe limits an put up notifications both in context of CAL. Check smart copying website.
  • Extract of notated music.  Amber light noted provided it is 10%.
  • Periodical can be uploaded
  • Image from Internet – if you can access and technological measure you can copy it for educational purposes.  It may have copyright symbol but not an issue. CAL license allows you to. Moral Rights Law  suggests you attribute – if you know who the person is.
  • Is a web address an appropriate attribution. Not for moral rights law because you have to identify the person the individual creator.  But appropriate from a copyright perspective.
  • Is a library catalogue a LMS? – yes so  online an can put in images.
  • Image from book? Is there a difference? One is electronic use scheme but in this case need to follow CAL.  Check commercially available test – amber light
  • Image from a CD rom – need to look at the contract.
  • Copy from TV and Radio – this is a green light.  Screen rights  no limits to broadcast materials.  Can also edit and mash them up.  Radio recorded music you may use.
  • Material from a website- depends on the website. General protected by copyright. What are you invited to do by the operator.  Personal use is more restrictive and what we do in an educational contact is not personal. If no right given then look at CAL licence.
  • Link to a website- green light provided you are not linking to infringing material – ie someone doing something illegal.
  • Embedding material- used Moodle as an example with google embedded into it.  YouTube . General rule you should check the content provider allows embedding. If not the difficulty is you are communicating it maybe reproducing it.  Legal position not settled.  Pointing to a URL is less problematic.
  • Copyright advisor Group CAG.  Seek advice
  • Teacher Tube-  users warrant they own copyright and they grant licences.  Licence will terminate if material not available after you linked it.  If material on CMS for more than a year you may be breaking the limits.  Could not keep a book there if it became available again. Take everything down each year.
  • Uploaded material by staff and students .  Just a note.  Students will own the copyright of their own material.  Not applicable in the context of schools. More of an issue for university.
  • Commerically produced CDs. If you have amcost aria licence? you have the right to load for playing and streaming. Cannot copy them.  Need the license.
  • Mp3 file – depend what it is where it comes from and how you acquired it. Many not licenced and possibly infringing.  Looked at the iTunes situation.  Have to agree to their conditions. May only use for personal and noncommercial use. So not allowed in CMS.
  • Commercially produced video and DVD – definitely a red light. There is no general licence to copy these . Click view allowed not making a copy.  Streaming allowed.
  • Creative Commons- CCL generally fine.  Check conditions.
  • Next wikis blogs web quests and podcasts Is all the material self generated or do you have third party material? Wikipedia people can edit, it does embed photos tables etc.  Are they available in an out side the institutions.  If  you are doing things in a public space you are not an educational organization. So you are a publisher.  You will not have the ability to rely on the licence we are talking about – not for commercial use.  Clearances and permissions will become an issue for you.
  • I asked about Social Media  because not on the agenda. Twitter and Facebook if public you are publishing.  So educational licenses are not active. When girls leave the school and parents is it educational re social media? No real answer here except to say that public and educational institutional rights do not exist if your social media is in the public realm.
  • RSS feeds – yes you can subscribe you need to check the terms and conditions.  Then can link to blog etc.
  • IWBs you can handwrite on board under educational provisions.  Note it is recording in a digital form if third party content need to think of CAL. Can copy a poem like handwriting is allowed.  CAL electronic use scheme.
  • Mobile devices. Can upload material to kindle, iPads, smart phones… to give to students provided you meet the requirements.  It is the digital equilivant to photocopying. Purchase a book from Amazon. You can lend the kindle but no make a digital copy.

Key Points to take home


1.Know licensing

2. See warning notices don’t exceed limits

3. Someone to manage the system.


Excellent session.


Martin Pluss

Learning Technologies Coordinator

31 August 2011

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