Tuesday, 30 April 2013

Legal Considerations when accessing, using and creating resources

Legal considerations for staff and students

Text, artworks, music, websites, films, TV program's and games etc are protected under the Commonwealth copyright act and subsequent amendments.  The law covers work in material form. For example the idea for a film is not covered, however the screenplay for the film is.  Schools must comply with copyright legislation or face heavy penalties.

A range of exclusions exist for schools to use materials for educational purposes. Fair dealing and reasonable portion are 2 important concerns for schools.  Fair dealing includes use for research or study purposes in the course of completing school work. Schools can copy 10% or 1 chapter of a book (whichever is greater) or the entire boom if it is no longer available commercially. Otherwise permission needs to be obtained from copyright owner.

It is important to remember that different elements eg of websites eg text, images, music etc may have different copyright owners.

Copyright rules covering use of films in the classroom allow showing films for educational purposes where doing so enhances the curriculum taught, however screening on excursions, bus trips etc is not covered. Some schools can be permitted to use films for the latter purposes but the school must check with the copyright advisor if they are covered for this. Only legitimate copies of films purchased by schools can be used and heavy penalties apply to screening pirated copies including given by students.

Schools can be covered by educational licences where royalties are collected by a central agency on behalf of members. These licences govern use of text and artistic works, broadcast audiovisual resources and music.

Students and staff need to be aware of copyright when uploading to and downloading from school LMS.

Assisting students with disabilities
Schools are allowed to copy materials without breaching copyright eg making large print or sound copies for students with sight difficulties as long as no suitable copy is commercially available within a reasonable timeframe

Copies created for this purpose must be specifically marked and written communication must be sent to the copyright agency within 3 months when a temporary or master copy is made to support students with print reading disabilities.

The Smartcopying  website outlines rules surrounding legal use of various forms of media.

Creative Commons
Creative Commons resources can be used freely as long as correct attribution and use rules are followed.  CC symbols indicate how the material can be used.

Attribution details should include name of the creator of the work, name of the item, details of the CC licence provided under eg "Creative Commons Attribution 2.5 Australia", and website URL of the original item and where it was found. This information must be included where is reasonably expected ie may be at the end of a film or under a photo.

Smartcopying Creative Commons: A Quick Overview factsheet gives suggested attribution examples.

Source: Creative Commons: A Quick Overview factsheet, Smartcopying website

Schools should also be familiar with the National Educational Access Licence for Schools (NEALS) logo which is an agreement between commonwealth, state, catholic and independent school sectors permitting schools to freely copy and communicate print and digital material published on their websites and publications for educational purposes. NEALS also covers non-commercial curriculum materials and policy documents but does not extend to films or sound recordings.

Source: National Educational Access Licence for Schools factsheet, Smartcopying website, available at http://www.smartcopying.edu.au/scw/go/pid/748

Teachers and students should also be able to use CC licensing to protect their own produced work.

Sites such as Flikr provide some free to use resources, and CC search, available at  http://search.creativecommons.org/ links users to range of CC resources.

Creative Commons also assist students and teachers to learn about how they can legally use material without infringing copyright.

The presentation by J. Coates (2013) Creative Commons in the Classroom available at http://www.slideshare.net/Jessicacoates/creative-commons-in-the-classroom-2013 is a useful resource to assist teaching. Teachers and students should also be able to use CC licensing to protect resources they have produced.

Contracts, classification and filtering
Even where the Copyright Act may permit certain actions eg downloading a copy, users need to check that such actions don't breach rules of the site eg YouTube does not allow downloading.

Staff also need to check online contracts eg for minimum age of use eg social media sites may have 13 minimum age

Individually purchased material is usually not considered the same as that purchased by the school, and classroom use of such digital content should be discouraged.

Film and Literature classification
AV resources including films, TV and games are covered by classifications set by the Commonwealth Office of Film and Literature Classification.  Teachers need to use professional judgement to ensure content and classification is appropriate for the age group and that the material supports the curriculum.  Teachers should also ensure that the content dose not present cultural or religious issues when previewing the material prior to showing in the classroom.

Internet Filtering
ALIA supports unregulated access to online content thus is not supportive of filtering as it is not considered effective in protecting students from illegal activity or inappropriate content and hampers use of certain useful sites. Instead of filtering, cybersafety education is promoted and links to useful sites such as cyber smart available at http://www.cybersmart.gov.au/Libraries/Cybersmart%20library%20resources.aspx is provided.

Research by AASL (October 2012, available at http://www.ala.org/aasl/researchandstatistics/slcsurvey/filtering-schools) in US schools suggests that filtering may impede genuine research and thus learning.

Sources:

Smartcopying factsheets available www.smartcopying.edu.au
Cybersmart website available www.cybersmart.gov.au