Delia BrowneNational Copyright Director

Standing Council on Education and Early Childhood

!http://www.flickr.com/photos/opensourceway/4378920267/

Global agenda - education

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/

Australian landscape

Australian landscape

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• limited rights to use content for free

• In-class performance (and communication)

• Playing sound recordings

• Flexible fair dealings (pale imitation of 'fair use')

• more rights to use content if we pay

• statutory licences

• voluntary licences

Current issues

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• High costs $75 million in 2011, just for statutory licences

• Changing markets

• TPMs

• Copyright and contract

• Inefficiencies

• Limitations and gaps in rights

Globallandscape

Global landscape

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•UK

•Canada

• Ireland

•Netherlands

• International

UK – current rights

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• text and image copying of no more than 1% of a work per quarter doesn't apply if a licensing scheme covers the

relevant uses

• can record off-air broadcasts for later showing to students doesn't apply if a licensing scheme covers the

relevant uses

• Exceptions only apply when students physically located at a school etc

UK – law reform

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• May 2011 – Hargreaves Report published

• Nov 2011 – IPO publishes consultation paper

Notes narrow educational exceptions...

"Other countries, such as the United States, permit the copying of larger extracts of copyright works, and there are opportunities for us to do the same"

UK – law reform

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• Nov 2011 – IPO puts forward various options for comment:

• “fair dealing for schools” - 5% per quarter (sometimes more) of a work to be copied and communicated, for free

• distance education - permitting schools to transmit works and broadcasts, within the free education exception limits

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• Nov 2011 – IPO puts forward various options for comment:

• broadcasts - permitting schools to record broadcasts, without payment, for viewing by students at a more convenient time (fees payable if retained for an extended period)

• contract - preventing contract overriding educational use exceptions

UK – law reform

Canada

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• Current exceptions include – for free:

• copying works (by hand) for the purpose of instruction, on premises (s29(4))

• Performance of works, sound recordings and telecommunicated works, for educational or training purposes, on premises, to staff/students (s29(5))

Canada

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• Current exceptions include – for remuneration:

• record and retain broadcasts, for educational and training purposes (s29(6))

• Photocopying on premises, if a remuneration agreement is in place (29(7))

Canada

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• Bill C-11 – currently before Parliament

• Introduces new exceptions for:

− fair dealing for education, parody or satire (s29)

− non-commercial UGC (s29.21)

− internet materials (s30.04)

Canada – fair dealing

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• Bill C-11:

• S29 - Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.

Canada - internet

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• Bill C-11, s29.21:

• Educational institution can copy, reproduce, perform a work or other subject-matter that is available through the Internet for educational or training purposes

• Unless:− requires circumventing TPMs

− clear notice (not just (c)) forbidding use

− source is an infringing copy

(Australia – internet)

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• Education proposes a similar "internet exception" for the Australian Act:

• Would exempt copying/printing/saving of web pages for education, unless owners clearly indicate intent to be remunerated

• No more paying to copy tourist maps, company information materials, manuals, amateur web content, unless author has an expectation of remuneration

Netherlands

18

• 10 Feb 2012 – Ministry of Security and Justice hosts conference:

"Towards flexible copyright?"

• Dutch government wants to explore:

"a more flexible system of copyright exceptions that would also work in a European context"

Netherlands

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• Government position on the day:

− ...there's a risk that the [closed] list of exceptions will be unable to keep pace with reality...

− ...work that's been made available should be used as much as possible...

− ... we need stricter supervision of collective rights management organisations, more social accountability and more transparency on money flows...

Ireland

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• 9 May 11 – Copyright Review Committee established

call for submissions -> 100+ subs received

• 29 Feb 12 – Consultation paper released

• 5 Mar 12 – Online questionnaire released

• 24 Mar 12 – public meeting scheduled

• 13 Apr 12 – submissions close

Ireland

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Terms of reference (9 May 2011):

1. identify barriers to innovation

2. recommend re possible solutions

3. Examine "fair use" to see if appropriate in an Irish/EU context

4. if necessary, make recommendations for changes to the EU Directives that will eliminate the barriers

Ireland – fair dealing?

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• Consultation paper (29 Feb 12):

• notes the Canadian fair dealing proposal

• Suggests (for discussion) a similar amendment for Ireland

Ireland – fair use?

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• Consultation paper (29 Feb 12):

• "we are, as yet, unconvinced by the arguments on both sides of the fair use debate" ([10.5])

• Invites further submissions

• "Should we join with either UK or Netherlands in lobbying at EU level?"

Multinational

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• WIPO

• Standing Committee on Copyright and Related Rights - July 2011

• UNESCO – Commonwealth of Learning

• Dec 2011 – global survey (including all Aus states) of uptake of OER in Australian education

Global trends

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• Serious consideration of broad, flexible exceptions for education:

• UK, Canada, Ireland, Netherlands

• Growing global recognition of public policy interest in securing appropriate free access to content

Global trends

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..these exceptions are not really true exceptions in that for the most part they require educational

establishments to pay license fees. This means educational establishments pay for the right to do acts that individuals are permitted to do freely by law – such as recording television broadcasts for

later viewing, and copying works for study.UK IPO Consultation – Impact Assessment – Extending

Copyright Exceptions for Educational Use, p10

Where to from here?

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• ALRC review:

• opportunity for broad ranging enquiry in Australia too?

• fair use? fair dealing for education?

s200AB has not delivered

Where to from here?

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• Need to address related key issues:

• TPMs

• copyright and contract

• […and others…]

• Busy time for copyright and education, around the world

• Looking forward to Australia joining the debate