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Transcript of Copyright in a Digital World - Open Education Resources 18 June 2014 ISLA Day Jessica Smith National...
Copyright in a Digital World-
Open Education Resources
18 June 2014ISLA Day
Jessica SmithNational Copyright OfficerNational Copyright Unit
www.smartcopying.edu.au
National Copyright Unit (NCU)
The Ministers’ Copyright Advisory Group (CAG), through the NCU, is responsible for copyright policy and administration for the Australian school and TAFE sector. This involves:
• Managing the obligations under the educational statutory licenses
• Advocating for better copyright laws on the School and TAFE sector’s behalf
• Educating the School and TAFE sector regarding their copyright responsibilities
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Smartcopying Website
• National Copyright Guidelines for Schools and TAFEs
• Practical and simple information sheets and FAQs
• Interactive teaching resources on copyright
• Search the site for answers to your copyright questions
www.smartcopying.edu.au
Slides available @ http://www.slideshare.net/nationalcopyrightunit/
This work is licensed under the CC Attribution-ShareAlike 3.0 Australia License (unless otherwise noted)
http://creativecommons.org/licenses/by-sa/3.0/au/
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Outline
• What copyright covers
• What you can do with © material
• Open Educational Resources (OER)
• Questions
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Copyright protects…
Artistic Literary Musical Dramatic
• paintings
• illustrations
• sculptures
• graphics
• cartoons
• photographs
• drawings
• maps
• diagrams
• buildings
• models of buildings
• moulds and casts for sculptures
• novels
• textbooks
• newspaper and magazine articles
• short stories
• journals
• poems
• song lyrics
• timetables
• technical manuals
• instruction manuals
• computer software
• melodies
• sheet music
• pop songs
• advertising jingles
• film score
• plays
• screenplays
• mime
• choreography
‘Works’
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Copyright protects…
Films Sound
RecordingsBroadcasts
Published Editions
• cinematographic films
• DVDs
• television advertisements
• music videos
• interactive games
• interactive films
• vinyl music or voice
• CD
• DVD
• audio cassette tapes
• digital recordings (eg MP3 or AAC files)
• podcasts
• radio and TV broadcasts
• podcasts and webcasts of the above
• typesetting(the layout and look of a publication)
‘Other Subject Matter’
Copyright in essence
Gives the copyright owner the right to: copy perform communicate to the public
the copyright material.
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Copying Activities scanning downloading
printing Saving to usb/hardrive
Photocopying
Saving to mobile phone / smartphone / iPod / iPad
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Upload to cloud
Performance Activities
playing films and sound recordings
singing songs
playing instruments
acting out a play
reciting a poem
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Communication Activities
make available to students online (intranet, LMS, wiki, etc)
Email to students
display on interactive whiteboard
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What can teachers copy and communicate?
Teachers are able to re-use copyright materials, without further permission needed due to:
A. Statutory Licences (text, pics, TV)
B. Voluntary Licences (music)
C. Free Use Exceptions (video, performances)
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Statutory Licences
• Part VB: Statutory Text and Artistic Works Licence
• Part VA: Statutory Broadcast Licence
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Part VB: Statutory Text and Artistic Works Licence
Under this licence, a teacher can copy and communicate (email, place online) text and artistic works for educational purposes
…subject to copying limits.
books, newspapers, journal articles, paintings, diagrams, photographs, animations, song lyrics, plays, poems, maps, etc, in both hardcopy and
electronic form, including free and publicly available internet sites.
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Part VB: Copying Limits
There are specific copying limits under Part VB.
You can only copy a reasonable portion.
For more information, see the “Education Licence B” in the “National Copyright Guidelines” at: http://www.smartcopying.edu.au/scw/go/pid/700
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You can only copy a reasonable portion:
• 10% or 1 chapter of a hardcopy book or e-book
• 10% of words on a website or CD Rom
• One article in a journal (more than one article if on the same subject matter)
• One literary or dramatic work in an anthology (15p max) (eg one short story)
Part VB: Copying Limits
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Pt VB: Copying Limits
Can copy more (eg the whole work) if:
• it has not been separately published
• or is not commercially available within a reasonable time at an ordinary commercial price.
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Part VB: Copying from websites
• 'Available on the web' does not mean 'free to use'
• Almost all web content is protected by copyright
• Website terms and conditions will determine whether a website is ‘free for education’ or openly licensed:
• Look for creative commons material
• Website terms and conditions that include:
• Free to use
• Free to use in your organisation
• Free for educational use
For further information see 'Understanding Website Terms and Conditions' on the Smartcopying website: http://www.smartcopying.edu.au/scw/go/pid/999
Pt VB: Simultaneous Storage Rule
Licence does not allow two parts of a work - eg two 10% excerpts - to be made available online at once.
To minimise risk of infringement, restrict access to relevant classes only.
• Class A sees chapter A : Class B sees chapter B
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For more information see the “Using Digital Repositories – Copyright Manual for Schools” at www.smartcopying.edu.au/scw/go/pid/1020
Pt VB: Notice Requirements
Mandatory notice must be attached to all copies made available online
Notice is available on the Smartcopying website at: www.smartcopying.edu.au/scw/go/pid/705
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Pt VB: Notice Requirements
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Pt VB: Copying Limits
Statutory Text and Artistic Licence doesn’t permit:
• mass digitisation of books
• mass copying of ebooks
• copying of software
For more information, see “Education Licence B” in the“National Copyright Guidelines” at:
http://www.smartcopying.edu.au/scw/go/pid/700
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Part VA Statutory Broadcast Licence
Covers the copying and communication of:
• TV and radio broadcasts
• TV/radio from a broadcaster’s website IF it has been broadcast on free-to-air
Does not cover online TV/radio:
• from Pay TV sources
• which have not been broadcast – IPTV, Netflix, Youtube
For more information see: “Education Licence A” in the “National Copyright Guidelines”:
http://www.smartcopying.edu.au/scw/go/pid/699
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Pt VA: Copy limits
• No limit on how much you can copy.
• Format shifting is permitted
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Pt VA: Notice Requirements
• If putting a copy online (eg IWB, LMS, wiki, blog, school intranet)….
you must attach the prescribed notice.
A copy of this notice is available at:www.smartcopying.edu.au/scw/go/pid/704
NOTICE ON MATERIAL COMMUNICATED UNDER PART VA LICENCE
FORM OF NOTICE FOR PARAGRAPH 135KA (a) OF THE COPYRIGHT ACT 1968
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the
Act ).
The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject
of copyright protection under the Act.Do not remove this notice.
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Voluntary licences
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Music licences
Under paid licences with copyright owners, schools can:
copy music from CD to use in Powerpoint or teaching resources
copy music to digital format for use in teaching
copy music to play in school performances
copy sheet music (subject to copy limits)
for the educational purposes of the school.
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Free exceptions
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s 28 - performing or communicating in class for educational instruction
• Allows schools to perform and communicate material 'in class' (includes remote students)
• A free exception – no fees are paid.• Does not permit copying – just
performing/playing in class
See “Performance and Communication of works and audio-visual material – What am I allowed to do?” :
http://www.smartcopying.edu.au/scw/go/pid/535
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s 200AB: Flexible Dealing
• Rely on flexible dealing when no statutory licence (Part VA or Part VB) or free use exception (s 28) applies to your use
• Permits schools to copy and make limited use of copyright material for free, for educational instruction, if the use satisfies a number of criteria.
• You must assess your proposed use against those criteria on a case-by-case basis.
See information sheet: “The New Flexible Dealing Exception – What am I allowed to do?”:
http://www.smartcopying.edu.au/scw/go/pid/542
Common activities permitted under flexible dealing
• Teachers may copy videos (eg YouTube) and sound recordings (eg podcasts, music) under flexible dealing subject to certain requirements.
Converting VHS to DVD where it is not possible to buy a DVD of that film and the DVD is needed for educational instruction
Preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need
Format shift audiovisual content from CD to digital for use on iPads, etc lacking CD-ROM drives when it is not possible to buy a digital version of the film or sound recording.
See information sheet: “Flexible Dealing and the Copyright Amendment Act 2006 – What am I allowed to do?” http://www.smartcopying.edu.au/scw/go/pid/542
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s 200AB and Commercial DVDs
Cannot copy from commercial DVDs.
• Commercial DVDs are protected by ATPMs - access control technological protection measures.
• ATPMs – any technology that prevents a user from easily accessing and copying the content on a DVD.
• It is illegal to circumvent an ATPM (eg CSS)
• Making a digital copy of a commercial DVD is likely to involve circumventing the ATPM and therefore is illegal.
See information sheet ‘Technological Protection Measures and the Copyright Amendment Act 2006’: http://www.smartcopying.edu.au/scw/go/pid/526
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Snapshot Summary
Part VB Copying limits:
10% or 1 chapter Attach notice if
communicating.
Part VANo copying
limits.Can format
shift.Attach notice if
communicating.
s.200ABLimited format
shifting rights.You cannot buy it.Only copy what
you need.
Schools’ music licence
Images or print works
Off air television and radio broadcastsPodcasts of free-to-air broadcasts (available on the broadcaster’s website)
YouTube videos
DVDs and videos
Note: Most commercial DVDs are protected by ATPMs and cannot be copied because it illegal to circumvent an ATPM.
Cassette tapes and CDs
Typ
e o
f M
ater
ial
Copied and Communicated Under
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Tricky areas: YouTube and iTunes video content
The terms of YouTube and iTunes provide that the content can only be used for ‘personal, non-commercial’ use.
This may not include copying by educational institutions for ‘educational use’.
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Can I copy YouTube videos for use in class or as part of a resource?
• There is no clear answer.
• You may be able copy a YouTube video and use it for educational instruction under s 200 AB….. BUT the terms and conditions of YouTube may not strictly allow this.
• YouTube now allows video owners to upload their videos under a Creative Commons licence so they can share their work with others.
• Each jurisdiction will have to decide whether they will rely on what is permitted by the Copyright Act in light of YouTube's (and iTunes) terms of use.
Teachers Tube is a great alternative: www.teachertube.com For further information: “YouTube: Use by Teachers” : http://www.smartcopying.edu.au/scw/go/pid/855
“Teachers Tube: Use by Teachers”: http://www.smartcopying.edu.au/scw/go/pid/858
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YouTube: Linking and Streaming
Practical alternatives to copying videos off YouTube include:
• Directly streaming YouTube videos in class (permitted under s 28) – from YouTube website or via a link embedded on another website.
• Linking the YouTube video is not a copyright activity - you are not copying the content.
See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855
“Performance and Communication of works and audio-visual materialin class – What am I allowed to do?”
http://www.smartcopying.edu.au/scw/go/pid/544
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YouTube: Embedding Videos
• You may embed a link to a video on another website, such as the class blog or wiki, or school intranet and learning management system.
• The YouTube website provides information on how to embed links to YouTube videos. (http://www.google.com/support/youtube/bin/answer.py?answer=57788).
• Sometimes, the video owner does not want others to embed their video and may disable this functionality. In this case, you should not pursue embedding the link.
• You may stream videos that you have embedded in another website to a class under s 28.
See information sheets: “YouTube: Use by Teachers” http://www.smartcopying.edu.au/scw/go/pid/855
“Performance and Communication of works and audio-visual material in class – What am I allowed to do?”
http://www.smartcopying.edu.au/scw/go/pid/544
iTunes – music iTunes music is covered by the schools recordings agreement
and this agreement overrides the general terms of iTunes. Under the recordings licence, schools are permitted to make
sounds recordings in any form:
• to be played at a school event
• of a school event at which music is played
• for inclusion in an electronic presentation
• to play in class for educational purposes
• to be used as part of a course of instruction
• to synchronise with recordings made of a school event
AMCOS|APRA|ARIA Licence: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-e-amcos-aria-apra-licence
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iTunes - Apps
Apple’s Volume Purchase Program for Education: https://www.apple.com/au/education/it/vpp/
Smartcopying tips…
Link – link or embed material whenever possible. Don't download or copy.
Providing a link is not a copyright activity. You are not copying the content, just providing a
reference to its location elsewhere.
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Smartcopying tips…
Label – always attribute the source.
• All material created and used for educational purposes should be properly attributed.
• Attribution info needs to include details of the copyright owner and/or author, where the material was sourced from and when.
• Attributing is important to ensure that we don't pay licence fees for material we already own or are allowed to use
• eg teacher/school/student created content
See labelling information sheet at: http://www.smartcopying.edu.au/scw/go/pid/532
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Smartcopying tips…
Limit – ensure access to material is limited to relevant students only
Once material is communicated to an entire institute/campus or jurisdiction, the risk of copyright infringement increases dramatically.
Limiting access is an important cost management practice.
Collecting societies believe that the value of content increases with the number of people who can access it.
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Smartcopying tips…
Clear out unwanted content regularly
Material copied and communicated under the Statutory Licences is paid for again for every 12 months it remains 'live'. Clearing out material that is no longer required is one practical way of managing the copyright costs.
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Smartcopying tips…
Clear out unwanted content regularly
Two options:
Archive – for material that is not currently being used but is likely to be used in the future.
Move it into a closed area on the repository or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material to repository in the first place.
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Smartcopying tips…
Clear out unwanted content regularly
Two options:
Delete – for material that the school no longer requires for educational purposes should be completely deleted from the repository.
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Smartcopying tips…
Use Open Education Resources
• Material whose owner has given permission for the material to be used for educational purposes, for free
• Depending on the licence, OER can also be modified and shared by teachers and students.
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LinkLabelLimitClear out contentConsider OER
Smartcopying:
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Some Copyright Challenges
• While there is a lot that teachers can copy, the licence schemes and free use exceptions are restrictive and complicated:
• Teachers are burdened with complex copying limits and mandatory notice requirements under the Statutory Licences.
• Teachers cannot modify, share or remix material except in limited circumstances.
• The material can only be made available to parents and the community in limited circumstances.
Free for education, open education and creative commons material is a great alternative!
See list of Free for education/Open education resources on smartcopying at: http://www.smartcopying.edu.au/scw/go/pid/933
See Creative Commons information pack on smartcopying at:http://www.smartcopying.edu.au/scw/go/pid/953
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OpenEducationResources
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OER - Definition
• Open Educational Resources (‘OER’) are a growing trend towards openness of teaching and learning materials.
• 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
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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.
OER in a nutshell
OER is about creating repositories of material which are free to:
AccessUse
ModifyShare
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Creative Commons
Available at: http://creativecommons.org//. This work is licecned under a under a Creative Commons Attribution 4.0 International license.
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OER and Creative Commons
• Most OER resources use Creative Commons (CC) licences.
• This is because CC licences are well known blanket licences that are free and easy to use.
• A creator needs only to do one thing - select the type of licence they want from the CC website!
OER: How it all works
What is CC?• CC creates a “some rights reserved”
model.
• 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.
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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
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Attribution – share alike
Attribution – non-commercial –share alike
Attribution – non-commercial – no derivatives
Attribution
Attribution - non-commercial
Attribution - no derivatives
Six Standard CC Licences
Licence Type Licence ConditionsAttribution
Freely use, copy, adapt and distribute to anyone provided the copyright owner is attributed.
Attribution No DerivativesFreely use, copy and distribute to anyone but only in original form. The copyright owner must be attributed.
Attribution Share AlikeFreely use, copy, adapt and distribute provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed.
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CC Licences
CC Licences
Licence Type Licence Conditions
Attribution Non CommercialFreely use, copy, adapt and distribute for non-commercial purposes. The copyright owner must be attributed.
Attribution Non Commercial No Derivatives Freely use, copy and distribute verbatim
copies of the original work for non-commercial purposes. The copyright owner must be attributed.
Attribution Non Commercial Share Alike Freely use, copy, adapt and distribute for non-commercial purposes provided the new work is licensed under the same terms as the original work. The copyright owner must be attributed.
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Attributing CC material The new CC licences have ‘common-sense attribution’.
Best practice is that you label materials with:
• Title
• Author/copyright owner,
• Source – Link to work
• Licence – Name + Link
It is important to always check whether the creator has specified a particular attribution.
Open Attribute (http://openattribute.com) is a tool to assist users of CC material to properly attribute. Once downloaded, it will attribution information for CC licensed content which users can copy and paste into their own work containing CC material.
For further information on attributing CC material, see:http://www.smartcopying.edu.au/scw/go/pid/956
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Example: Image licensed under CC Attribution licence
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Eid Mubarak by Hamed Saber available athttp://www.flickr.com/photos/44124425616@N01/1552383685 . This work is licenced under a Creative Commons Attribution 4.0 International Licence.
Over 500 million items
CC BY – C Green 2011
How to find OER
General Search Photo/image Search Video Search Audio/Music Search General Education Search Specific Education Search Recorded Lectures & Video Tutorials Search Open Textbook Search
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General search
Creative CommonsGoogle
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Google Advanced Search
When searching the web for general information, you can filter so that the search results given are only free, openly licenced materials.
To apply the filter you must first go into your advanced search settings, which are found in the settings tab on the right hand side of your search result.
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Google Advanced Search
Once you get into your advanced settings, the usage rights filter is at the very bottom.
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Photo/Image Search
CC Search Wikimedia Commons Flickr Google Images Pixabay Europeana
Open Clip Art Library
Encyclopedia of Life
Public Library of Science
CC finder
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Searching Google for Openly Licenced Images
Advance search as describe above; or Google recently launched a simpler
way to filter Google images by reuse rights (ie, openly licenced resources).
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Google ImagesAfter you search for an image, all you have to do is click “Search tools” and select the “Usage Rights” that reflect your use.
All four usage rights allow for educational use.
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Video Search
YouTube Vimeo Ted – Ideas Worth Spreading Al Jazeera
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YouTube
There are a number of ways to find YouTube videos that are licensed under CC:• use the CC Search tool described above.• http://www.youtube.com/creativecommons lets you see
the most viewed and most reused CC licensed videos. • in your search you can include the term
“creativecommons”, and the videos returned will be CC licensed.
• or you can filter for Creative Commons licenced videos after you search.
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YouTube – filter for CC videos
After you do a search, click on the filters option, and under ‘Features’ selected Creative Commons.
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YouTube – filter for CC videos
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Audio/Music Search
JamendoccMixterFree Music ArchiveSoundCloud
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General Education Search
OER Commons The Orange Grove
Digital Repository Connexions Curriki WikiEducator Saylor Academy
Wikiversity LiveBinder by Karen
Fasimpaur - Open Educational resources: Share, Remix, Learn
Open Education Europa
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Video Tutorials Search
Khan Academy
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Open Textbook Search
ck-12 Wikibooks
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Smartcopying website
For more specific, content-oriented OER and for an ever-increasing list of OER, see the Smartcopying website: http://www.smartcopying.edu.au/open-education/open-education-free-for-education/open-education-free-for-education-resources
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References for this presentation This presentation –
http://www.slideshare.net/nationalcopyrightunit/ Smartcopying website - http://www.smartcopying.edu.au/ 'CC BY – C Green 2011' – 'The obviousness of open-policy', ©
2011 Cable Green - http://www.slideshare.net/cgreen/sloan-the-obviousness-of-open-policy used under a Creative Commons Attribution licence: http://creativecommons.org/licenses/by/3.0/
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Delia BrowneNational Copyright Director
[email protected](02) 9561 8876
Sarah Lux-Lee
National Copyright [email protected]
(02) 9561 1267
Jessica SmithNational Copyright Officer
[email protected] (02) 9561 8730
www.smartcopying.edu.auslideshare.net/nationalcopyrightunit
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More Information
Copyright 4 Educators
• Peer 2 Peer University – www.p2pu.com
• Free online course for educators who want to learn about copyright, statutory licenses, educational exceptions and open educational resources
7 week course. Two cycles ran last year, with over 100 learners taking the course. Another cycle will run later this year.
More information on the Smartcopying website or here on the P2PU website: https://p2pu.org/en/courses/1196/copyright-4-educators-aus/
Other relevant courses on P2PU: • Intro to Openness in Education
• Creative Commons for K-12 Educators
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