1. 1 Sensible Solutions: Open Education Resources, Free for Education and Creative Commons

2. 2 Compliance and Cost Problems New technologies facilitate access to and storage and sharing of copyright materials. This makes copyright a serious issue for the education sector as it must: Ensure systems, teachers and students comply with copyright law Manage increasing cost implications

3. 3 Copyright Challenges Current copyright laws: Are complex Not well adapted to the digital world Limit and restrict the use of content by teachers and students for educational purposes. Create a heavy cost and administrative burden on the education sector.

4. 4 Cost Burden… In many cases, schools place free and publicly available internet material on their intranet or LMS to minimise costs arising from heavy internet traffic and bandwidth requirements. Under the Part VB, schools are required to pay for the non commercial educational use of free and publicly available internet material where it is saved to the school intranet or LMS. This frustrates the above cost-saving objective.

5. 5 Problem… Material copied and communicated under the Statutory Licences and free use exceptions cannot be made available to the wider community. Part VB copying limits do not allow for the simultaneous storage of content online. This poses tricky compliance issues for schools in using intranets, LMS and other content repositories.

6. 6 Problem… Website terms and conditions can be confusing and difficult to understand. This is because many are unclear. In some cases, there are no terms and conditions at all. As a result, the intention of the publisher is unknown.

7. 7 Problem… In most cases, website terms and conditions are intended to prevent ‘commercial use’, rather than ‘educational use’ which is a non- commercial use. Often, ‘educational use’ may not have been specifically considered when website terms and conditions were drafted.

8. 8 Problem… Even websites which permit copying for educational use inadvertently do not cover common educational practices. Common examples of this are websites which: Permit copying but ‘only in an unaltered form’. Arguably, this means that a teacher cannot cut and paste parts the material to include in a teaching resource for students. Does not specifically allow for the material to be saved onto a hard drive or USB or placed on a LMS or school intranet.

9. 9 Website terms and conditions A good example from the Smartcopying website: “You may copy, distribute, display, download and otherwise freely deal with this work for any purpose provided that you attribute the Copyright Advisory Group, MCEETYA. However, you must obtain permission from the National Copyright Director if you wish to: charge others for access to the work (other than at cost), include the work in advertising or a product for sale, or modify the work.”

10. 10 Solution: Open Educational Resources (OER) Open Education Resources (OER) can help overcome copyright hurdles in the digital age and maximise the success of the DER. OER is important because it makes resources easily and readily available for teachers and students to access, copy, modify and share for free!

11. 11 OER: A global movement OER is a growing trend towards openness of teaching and learning materials. Significant drivers include: Creative Commons Licences removed barriers around ownership, attribution and reuse Rise of social network tools such as Facebook, Flickr, blogs and wikis Ease of tagging and sharing content via delicious and RSS feeds

12. 12 OER - Definition OER are teaching and learning materials that are freely available online for everyone to use, whether you are a teacher, student or self learner. OER include: worksheets, curriculum materials, lectures, homework assignments, quizzes, class activities, pedagogical materials, games and many more resources from around the world. See: www.oercommons.org

13. 13 OER: Fundamental Values OER share some fundamental values: Resources are free for any individual to use Are licensed for unrestricted distribution Possibility of adaptation, translation, re- mix, and improvement.

14. 14 OER in a nutshell OER is about creating repositories of material which are free to: Access Use Modify Share

15. 15 Open Education Resources Some good OER sites include: 1.Curriki: http://www.curriki.org/xwiki/bin/view/Main/WebHome 2.OER Commons: www.oercommons.org/ 3.Encyclopaedia of Life : www.eol.org/ 4.Comprehensive Knowledge Archive Network: www.ckan.net/ 5.Connexions : www.cnx.org/ 6.Teaching Ideas: www.teachingideas.co.uk/ The Smartcopying website lists Open Education Resources: http://www.smartcopying.edu.au/scw/go/pid/936

16. 16 OER and FFE ‘Free for education’ (FFE) material is similar to OER material in that the copyright owner has given permission for the material to be used for educational purposes. However, FFE material may not permit a teacher to communicate, modify or share the material. This will depend on the terms and conditions of use of the material. Many websites are FFE because their terms and conditions allow copying for educational purposes. The Smartcopying website lists FFE: www.smartcopying.edu.au/scw/go/pid/936

17. Example ‘You may download, display, print and copy any material at this website, in unaltered form only, for you personal use, educational use or for non- commercial use within your organisation’ www.reconciliation.org.au 17

18. 18 Other Free for Education Initiatives A number of organisations have agreed to make their online material free for education: Enhance TV Website http://www.enhancetv.com.au Museum Victoria http://museumvictoria.com.au Cancer Council http://www.cancer.org.au/Home.htm World Vision http://www.worldvision.com.au Material available on these websites can be copied for ‘educational purposes’. The Smartcopying website lists FFE websites: http://www.smartcopying.edu.au/scw/go/pid/936

19. 19 Free for Education: NEALS NEALS is a licence between the education departments of the various states and territories, DEEWR and the Catholic and Independent school sectors. It allows Australian schools to copy and communicate print and digital material for educational use free of charge from each other’s websites and publications.

20. 20 OER and Creative Commons Most OER resources use Creative Commons (CC) licences. This is because CC are well known, free, easy to use and no lawyers are needed. CC licences come expressed in three different formats: Commons Deed (human-readable code), Legal Code (lawyer-readable code); Metadata (machine-readable code). A creator needs only to do one thing - select the type of licence they want from the CC website!

21. 21 OER sites and Creative Commons… OER SITECC LICENCE OER Commons http://www.oercommons.org Curriki http://www.curriki.org Openlearn http://www.open.ac.uk/openlearn/home.php Teaching Ideas http://www.teachingideas.co.uk

22. 22 Using Creative Commons (CC) material enables the education sector to overcome copyright barriers. CC material is freely available for teachers and students to copy, modify and reuse. This is important in the digital era where content can be created, accessed and shared in new and exciting ways globally. The National Copyright Unit and CC Australia have developed an information pack for teachers and students on finding, using and attributing CC material. This pack can be found on the Smartcopying website at: http://www.smartcopying.edu.au/scw/go/pid/956 CC makes copyright easy..

23. 23 Students also benefit from the use of CC material in their classroom work and/or homework projects. Students are often prohibited from entering their work into competitions and/or exhibitions due to third party copyright material (ie an image or music they have taken from the internet). Using CC material will remove these barriers. CC makes copyright easy

24. 24 CC creates a “some rights reserved” model. This means that the copyright owner retains copyright ownership in their work while inviting certain uses of their work by the public. CC licences create choice and options for the copyright owner. What is CC?

25. 25 There are 4 primary licence elements which are mixed to create a licence: Attribution – attribute the author Non-commercial – no commercial use No Derivative Works – no remixing ShareAlike – remix only if you let others remix See the CC information pack at: http://www.smartcopying.edu.au/scw/go/pid/956 CC Primary Licence Elements

26. 26 Attribution – share alike Attribution – non-commercial – share alike Attribution – non-commercial – no derivatives Attribution Attribution - non-commercial Attribution - no derivatives Six Standard CC Licences

27. 27 CC licences make content more active and dynamic. CC promotes a more liberal culture of creating, distributing, sharing and remixing content for the purposes of creativity and innovation. CC is well suited for the new digital and virtual content landscape. CC licences are well suited to the digital landscape

28. 28 In January 2006, the NLA embarked on a collaboration with Flickr to facilitate the collection of public contributions to the PictureAustralia archive. The NLA established two Flickr groups: ‘Picture Australia: People, Places and Events’, a place where people can post images social, political, contemporary or historical events of national significance. ‘Picture Australia: Australia Day’ (now encompassed into the ‘People, Places and Events’ group) CC and the National Library of Australia

29. 29 Australian Cultural Institutes and Flickr Other Australian institutes which are releasing material under a CC licence in Flickr include: State Library NSW http://www.flickr.com/photos/statelibraryofnsw/ Powerhouse Museum http://www.flickr.com/photos/powerhouse_museum/ Australian War Memorial http://www.flickr.com/photos/australian-war-memorial/

30. 30 The ABC has just launched a new CC-friendly social media space titled Pool. Users create profiles and upload and download material which they can share with other profile owners and the public. Pool contains music, text, images and animations available under Creative Commons licences. ABC is also releasing material from its archives onto Pool under Creative Commons licences. Check out ABC Pool: http://www.pool.org.au CC and ABC Pool

31. 31 CC and the Australian Bureau of Statistics ABS website material is licensed under a CC Attribution Licence: “Unless otherwise noted, all material on this website – except the ABS logo, the Commonwealth Coat of Arms, and any material protected by a trade mark – is licensed under a Creative Commons Attribution 2.5 Australia licence”

32. 32 The following contain resources licensed under CC: 1. Artabase: www.artabase.net 2. Powerhouse Museum: www.play.powerhousemuseum.com 3. Australian Creative Resources Online: www.acro.edu.au CC and Australian Culture

33. 33 ‘Dynamic Calculus’ is a collection of interactive learning objects for teaching calculus developed by the Centre of Learning Innovation. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Cli/Download.aspx?resID=8083&v=1&preview=true ‘Dynamic Calculus’: New NSW DET CC Resource

34. 34 ‘Tensile Testing’ is a video based resource developed by CLI which takes students on a virtual excursion to investigate materials testing. A resource for senior school students of Engineering Studies and Industrial Technology, and for vocational education students in areas of Design, Building services, Manufacturing and Mechanical. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Sites/Web/tensile_testing/index.htm?Signature=(68c5e892-6867- 40ca-98f8-8e3d9e9ed09c) ‘Tensile Testing’: New NSW DET CC Resource

35. 35 ‘Forces and Fields’ is an audio visual resource developed by CLI for senior Physics students. It contains in-depth and varied interactive activities in the areas of electric, magnetic and gravitational forces and fields, across 10 individual sections. The resource is available under a CC Attribution-Noncommercial-Share-Alike Licence. http://lrrpublic.cli.det.nsw.edu.au/lrrSecure/Cli/Download.aspx?resID=8459&v=1&preview=true ‘Forces and Fields’: New NSW DET CC Resource

36. 36 Smithsonian Institute The Smithsonian Institute (http://www.si.edu) is the world’s largest museum and research complex composed of 19 museums and 9 research centres including the: National Museum of Natural History National Portrait Gallery National Air and Space Museum National Museum of American History National Design Museum

37. 37 Smithsonian Institute Smithsonian Institute website hosts an array of copyright cleared content from these museums and affiliates free for use by education. ‘Picturing the 1930’s’ is a new education website by the Smithsonian Institute which allows teachers and students to explore paintings, artist memorabilia, historical documents, newsreels, period photographs and create videos from this material. http://americanart.si.edu/education/picturing_the_1930s/index.html Further, the institute has a photostream of CC licensed images on Flickr: http://www.flickr.com/photos/smithsonian/

38. 38 Flickr and International Institutes The following museums and institutes have photostreams of CC licensed images on Flickr: Imperial War Museum http://www.flickr.com/photos/imperialwarmuseum/ Library of Congress http://www.flickr.com/photos/library_of_congress/ National Maritime Museum http://www.flickr.com/photos/nationalmaritimemuseum/ George Eastman House http://www.flickr.com/photos/george_eastman_house/ National Media Museum http://www.flickr.com/photos/nationalmediamuseum/

39. 39 OER – A Way Forward Digital technology will surpass current teaching and learning structures. OER are free and easier to manage: No complex copying limits No restrictions on audience ie. community members and lifelong learners. Allow teachers and students to modify and share resources.

40. 40 OER – A Way Forward Sharing and reusing material will: Help manage the cost implications on continuing to rely on the Statutory Licence schemes. Reduce the costs of content and resource development. Enhance the quality of resources through collaboration and sharing. If it can be of value to other people, might as well share it for free!

41. 41 For More Information Sylvie Saab sylvie.saab@det.nsw.edu.au (02) 9561 8730 Delia Browne delia.browne@det.nsw.edu.au (02) 9561 8876 Smartcopying Website www.smartcopying.edu.au