Part 1 Lime Assignments
Answer 2. Images of Charles Darwin are ‘Artistic’ works and are out of copyright as they were taken more than fifty years ago.
Answer 3. Extracts from Darwin’s book is a ‘Literary’ work and was published more than seventy years ago and are now out of copyright.
Answer 4.The genetic code chart is an ‘Artistic’ work created by Indiana University which states on its website that “Indiana University would like users to make productive use of materials found on this Web page, particularly if the uses are for non-profit educational purposes.” On the lesson page that this PDF is linked to the following copyright statement appears “1999 ENSI (Evolution & the Nature of Science Institutes) www.indiana.edu/~ensiwebThis material may be copied only for non-commercial classroom teaching purposes, and only if this source is clearly cited.” based on this Zanele is free to use the PDF sheet as long as she cites the source in her class material.
Answer 5. A clip from the BBC TV science documentary series “Life" with David Attenborough taped from television is a broadcast and is classified as other subject matter. Teachers are able to tape off air broadcasts for educational use under the statutory broadcast licence. Under this agreement any item copied must be labelled with a Part VA notice indicating title, broadcast details and date made. The copyright would still be owned by the BBC TV.
Answer 6. Clips from the film " Creation” are classified as subject matter under films. The music for the film is a musical score under works. If we assume she (or the school) has purchased the movie as a DVD then she is not permitted to make a copy according to the relevant smartcopying advice “In most cases, teachers are not permitted to make a digital copy of a entire DVD. This is because most commercial DVDs (eg, 'The Castle') are protected by access control technological protection measures (ATPMs).”http://www.smartcopying.edu.au/scw/go/pid/1035. But under fair dealing provision she may be permitted to copy a short extract for use in class. However if the film was copied from a Television broadcast then the answer is the same as question five above. The movie is also available as download so if the school has purchased a copy digitally and has it available via a network such “clickview’ the selection of specific clips to view in class is very easy and legal. smartcopyong says “Teachers are allowed to play music, films and games to students in the following ways: ....playing a film or music from a learning management system eg, playing an educational resource that has been legally stored on Clickview “
http://www.smartcopying.edu.au/scw/go/pid/526
Answer 7. Her own original drawings and photographs of animals, trees and fauna she created while on holiday are artistic works and Zanele is free to use her own original drawing as she owns the copyright.
Answer 8. The fact sheet is made up of literary and artistic works. The images on the site are out of copyright see answer to question 2 above. Zanele would be able to use it in the classroom as it would be non-commercial use. She (or her employer) would not be able to distribute it as it is then a breach of the copyright agreement. The Guardian website states that “You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only.” The images are out of copyright the text belongs to the Guardian.
Answer 9. Her own original quizzes, research, teaching notes and text about Darwin, prepared as part of her teaching job are literary works and Zanele’s employer owns the copyright. According to smartcopying “copyright in worksmade by an employee in the course of employment under a contract of service is usually owned by the employer” http://www.smartcopying.edu.au/scw/go/pid/661
Answers for case study 2 Lime group
Photographic images from the New York Times online newspaper;
Xuan is able to use the Fair dealing exception for the purpose of research and study to reproduce and communicate the whole of the photographic images (artistic works) for the purpose of completing her seminar paper. According to the Smartcopying website (http://www.smartcopying.edu.au/scw/go/pid/674), under the Fair Dealing exceptions, in the course of research or study, students can use an existing artistic work. On the NYT website is the following statement about use of material from the site. "However, you may download material from The New York Times on the Web (one machine readable copy and one print copy per page) for your personal, non commercial use only"
http://www.nytimes.com/ref/membercenter/help/copyright.htmlThe only other issue is that some images on the site may be owned by individuals rather than the NYT and she must rely on the fair dealing exception not the statement on the website when copying these images.
A short article from The Economist;
Xuan is able to use the Fair dealing exception for the purpose of research and study to reproduce and communicate the entire article from The Economist This is outlined on the smartcopying website www.smartcopying.edu.au/scw/go/pid/1016/cache/offonce/ctnscroll_guidelinesContainer/1_2
Some extracts from UK Government's Stern Review on the Economics of Climate Change which is over 500 pages long;
Using the fair dealing exception for the purpose of research and study Xuan can in the case of this literary work copy, 10% of the pages of the work or if the work is divided into chapters, up to one chapter. See link above.
A chapter from the book The Weather Makers: the History and Future Impact of Climate Change by Tim Flannery.
Again using the fair dealing exception for the purpose of research and study Xuan can in the case of this literary work, copy up to one chapter if the work is divided into chapters, See link above.
She also intends to play a short extract from a documentary film on Climate Change Sceptics as part of her seminar presentation to the class.
According to the smartcopying website
http://www.smartcopying.edu.au/scw/go/pid/1016/cache/offonce/ctnscroll_guidelinesContainer/1_2
“...the Copyright Act is silent on how much a student can copy for their use to be ‘fair’. This means that no guidance is provided on how much of: - A sound recording, film/moving image or broadcast can be used by a student under fair dealing for the purpose of research or study” But then goes on to say “As a general rule, students should only copy what is necessary for the fair dealing purpose to ensure that their use is ‘fair’. In most cases, this will only be an extract of the work and not the whole work.” As this is a required part of here assessment and is a short extract from the film I would say it would be within the guidelines of fair use, The only other information missing is where she obtained the film from, this is not clear and may affect the use in the classroom had she hired it from a commercial library where the contract of use specifically forbids any use that is not ‘personal” or which specifically excludes use in an educational setting.
These are the exceptions provided in the Copyright Act that may be relevant to educational use
The Copyright Act provides five different forms of exception for educational institutions or students to rely on to freely copy material. They are
Fair dealing and other statutory exceptions –“Teachers and students can copy and communicate limited amounts of works under “fair dealing””.
Flexible dealing – “This exception allows teachers to use copyright material in narrow circumstances for the purposes of educational instruction. Teachers are not allowed to use this exception if another exception or Statutory Licence applies”
Educational exceptions allow the use of some copyright material in classrooms and no charges are made for the use of this material, details are at
http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guidelinesContainer/1_1
Other exceptions apply to the use of artistic works and computer programs details are at
http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guidelinesContainer/1_2
Statutory Licence schemes such as The Statutory Text and Artistic Licence which permits educational institutions but not students to make multiple copies of literary, dramatic, musical and artistic works for educational purposes and The Statutory Broadcast Licence which permits educational institutions to copy and communicate radio and television programs.
Answers for Case Study 3 - Lime Group
1. Is Francsesca permitted to make multiple photocopies of a chapter of a textbook and in what circumstances? Consider any exceptions or compulsory (ie blanket) licence schemes that may apply.
Under the Statutory Text and Artistic Licence (Part VB of the Copyright Act), Francesca is permitted to copy 1 chapter (or 10%) of the work, as long as the copying is done by an Education Institution, and is for the purposes of teaching.
2. Is she allowed to download and copy images from the internet to present on an interactive smartboard to her class?
Yes. As the images are already in digital form, they can be freely copied and communicated (unless she has obtained them from a subscription service, and is contractually obliged not to copy them). This copying is allowed under the Statutory Text and Artistic Licence (Part VB of the Copyright Act), which allows schools and TAFE institutes to copy and communicate text and artistic works in both hard copy and electronic form.
3. Is she allowed to include copied music recordings in her powerpoint presentations to her class?
This depends on the original format of the music recordings. If they are on a CD, Francesca is not permitted to format shift the recordings if they are available to be purchased in the desired format (ie MP3), in a reasonable time.
However, even if copying the sound recordings is not permitted, Francesca would be permitted to play the original music recordings in her class.
4. Can she make a compilation of short extracts from DVDs of films and/or copy broadcasts from television to teach her class?
Any material that has been broadcast on Australian TV or radio can be freely copied and communicated under Part VA of the Copyright Act (Statutory Broadcast Licence), so long as the copying is by an educational institution, and it is for an educational purpose.
Short extracts from DVDs - can play in class under the Section 28. Francesca can also communicate these to her class...which means she can share the extracts via email or a Learning Management System.
Making a compilation may involve creating illegal copies of the DVDs, depending if she has circumvented any TPMs (see next question). If she has (legally) circumvented Copy TPMs, then she is not able to communicate or lend any copies to any other person.
5. Is she permitted to circumvent any technological protection measures attached to the DVD films?
This depends on whether the TPM is an Access TPM, or Copy TPM. You are almost never allowed to circumvent an Access TPM. Copy TPMs can be circumvented if it is for Francesca's own use. Again, she is not permitted to distribute or lend any copies to any other person.