CIT Copyright all around Australia

Copyright issues in education are not just an issue at CIT, all around Australia schools, universities TAFE’s and private RTO’s are grappling with choices about copyright in education. There isn’t one size fits all answer, and for the VET sector lots of other issues like competition make the copyright choices not harder, but requiring more thought. Over the last four weeks I have been travelling all over Australia discussing these topics with TAFE, community providers, private RTO’s and departmental staff. It has been interesting to compare all the different viewpoints, and what concerns people the most. One of the most hotly debated topics has been moral rights and how institutions and teachers should handle this issue in education.

If you would like to read and hear more about this trip – please link across to Copyright at CIT wiki


Delicious copyrights

If you think copyright has been quiet lately? No it hasn’t, there just hasn’t been much in the way of education and copyright, but industry wise lots is happening all over the world. As part of my WebCT course I used to maintain a links page, showing learners just how much is happening with copyright everyday, you know, who is suing who, who thinks copyright is dead, who thinks copyright should be extended in time and scope, I particularly like this recent one: it’s about USA fair use, but there are parallels for us. Copyright is so emotional; well we are dealing with people’s creativity, but at the same time copyright is created by the government for the people, so you can get it changed if you lobby the government. So it is in the best interest of the lobbyist to create publicity for their cause in copyright.

Anyway there was so much I gave up on a links page and created: (slow – I know) which is current news about copyright, you can choose your industry area to see if anything has happened recently like music, or graphic design, or if you are just interested in current month choose that. My class like the new format, and if they want they continue to access it, they can.

For those interested in more static official online resources of copyright there is always: , in fact if you are interested in your own subject areas have you looked at which provides access to online resources for many subjects taught at the CIT.

Any copyright has not gone the way of the dodo, yet, in fact, it’s quite delicious at the moment.


Copyright fact sheets

The Commonwealth Attorney-General’s Department have released a series of fact sheets to help people understand the latest amendments. I have covered the educational amendments, but if you are interested from a industry perspective these fact sheets may be useful. For example the new provisions for Museums and Library Archives, or for writers/artist/creative media the new parody satire provisions, or if you want to scare students with the new criminal provisions if they misuse the technology they have access to. Or consider the private copying allowance, which is what worries me, how to get everyone understanding the differences between private, student and business/professional use. So happy reading:


Copyright Amendment Act 2006 – Fact sheets

Fair dealing

In December the Commonwealth Government passed and enacted changes to the Copyright Act, many aspects will affect how educational institutions can use and access other people’s copyright material This week we look at fair dealing. Which, for background is what Australia uses; many people are familiar with the term fair use, which is the USA version. Fair dealing is what our students’ access to copy material for their learning activities. So what is 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.