creative commons and open education

Smartcopying.edu.au National Copyright Unit#GoOpen

Creative Commons and Open Education

01 August 2016

Victoria State GovernmentDepartment of Education and Training

Melbourne

Delia BrowneNational Copyright Unit

#AusGoOpen

https://creativecommons.org/licenses/by/4.0/


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 copyright licenses with collecting societies

• Advocating for better copyright laws on the School and TAFE sector’s behalf




• Educating the School and TAFE sector regarding their copyright responsibilities

• Managing copyright compliance and cost management –increased use of ICT in schools has cost and risk issues




Education Lead for Creative Commons Australia Develop and Implement Smartcopying practiceso Support and promote AusGOAL to Government

Departments and Agencieso Advocate for the use and creation of OER in Australia

• Provide copyright advice to teachers, schools and all jurisdictions ( Depts of Education, Catholic and Independent schools)



AusGOAL • Encourage re-use of publicly funded information by:

o Providing a policy framework and implementation programme to open publicly funded information

o Assisting you to make appropriate licensing decisions that enable the re-use of that information by the wider community

o Reducing legal risk by identifying and protecting personal and other confidential information in the licensing selection process

o Assisting information re-users to understand its lawful reuseo Making information searchable and accessible

• AusGOAL recommends governments departments and agencies release publicly funded research, data, information and publications under the least restrictive Creative Commons Licence CC BY4.0



AusGOAL: why it exists

• ‘Need to know’ has been replaced by ‘need to share’• Benefits the community socially and economically• Enhances democracy and democratic processes• Improving government service delivery• Reduces government waste• Reduces the cost of information management to government• Introduces efficiencies into administrative processes• Establishes more efficient information transfer relationships across

jurisdictions, sectors and with the community• May risk cross-jurisdictional programmes and funding



Victoria Government IP Policy“appropriate copyright material should be released under terms allowing flexible public re‑use without further permission. Applying Creative Commons (CC) licensing to agencies’ copyright material is the recommended way to achieve this.” (p26)

http://www.dtf.vic.gov.au/Publications/Victoria-Economy-publications/Intellectual-Property-Guidelines-for-the-Victorian-Public-Sector-Version-1





State and Territory Departments of Education• NCU has been working with all the Departments of Education to

license their websites and publications under Creative Commons.

• Tasmania, South Australia, New South Wales, Queensland, Western Australia and the Australian Government Departments of Education have all licensed their websites and publications under CC BY 4.0.

• Northern Territory, ACT and Victoria are close behind.

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OER Toolkit

• The NCU recently launched the OER Toolkit for Teachers, Curriculum and eLearning Developers on the Smartcopying website: http://www.smartcopying.edu.au/open-education/open-education-resources/open-educational-resources-(oer)-a-toolkit-for-teachers-curriculum-and-elearning-developers.

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http://www.smartcopying.edu.au/open-education/open-education-resources/open-educational-resources-(oer)-a-toolkit-for-teachers-curriculum-and-elearning-developers





A simple, standardisedway to grant copyright permissions to your creative work.



Attribution

Non-Commercial No Derivative Works

Share Alike

Step 1: Choose Your Licence Conditions



Step 2: Choose Your Licence



OER is…

teaching, learning, and research materials in any medium that reside in the public domain or have been released under an open licence that permits

their free use and re-purposing by others.



Definition of OER

William and Flora Hewlett Foundation Definition

"OER are teaching, learning, and research resources that reside in the public domain or

have been released under an intellectual property license that permits their free use and re-

purposing by others.

Open educational resources include full courses, course materials, modules, textbooks,

streaming videos, tests, software, and any other tools, materials, or techniques used to

support access to knowledge."



OER – Fundamental Values

Resources are free for any individual to use

Are licensed for unrestricted distribution

Possibility of adaptation, translation, re-mix, and

improvement.



Open Educational Resources

• Safer: free to reuse, remix, redistribute and adapt education resources without running

the risk of breaching the complex copyright rules.

• Internet compatible: it is better adapted to the Internet and the freedom which the

Internet provides to copy, distribute, adapt and remix resources.

• Enabler: enables educators to reuse, remix and adapt resources since the copyright

owner has already given permission to everyone.

• Accessible: over 800 million CC-licensed works.



Open Educational Resources

• Collaborative: encourages collaboration and creates communities based on sharing of

education resources

• Cheaper: saves money on copyright fees and administrative costs of seeking permission

and allows education resources to be shared freely online with very low transaction costs.

• Equitable: offers equal access to knowledge for everyone and allows for education

resources to be adapted for minorities and those with disabilities.



International Recognition and Endorsement of OER – Key Documents• 2007 Cape Town Declaration on Open Education

• 2012 Paris Declaration on Open Education Resources

• UNESCO Guidelines on OER

http://www.capetowndeclaration.org/read-the-declaration

http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/CI/pdf/Events/Paris%20OER%20Declaration_01.pdf

http://www.unesco.org/new/en/communication-and-information/resources/publications-and-communication-materials/publications/full-list/guidelines-for-open-educational-resources-oer-in-higher-education/



Whitehouse National Action Plan

Expand Access to Educational Resources through Open Licensing and Technology (p.3)

Open educational resources are an investment in sustainable human development; they have the potential to

increase access to high-quality education and reduce the cost of educational opportunities around the world.

Open educational resources can expand access to key educational materials, enabling the domestic and

international communities to attain skills and more easily access meaningful learning opportunities. The United

States has worked collaboratively with domestic and international civil society stakeholders to encourage open

education initiatives. Building on that momentum, the United States will openly license more Federal grant

supported education materials and resources, making them widely and freely available. In addition to convening

stakeholders to encourage further open education efforts, the United States will publish best practices and tools

for agencies interested in developing grant-supported open licensing projects, detailing how they can integrate

open licensing into projects from technical and legal perspectives.



US OER

• The US Education Department and Whitehouse #GoOpen CampaignThe U.S. Department of Education announced today the launch of #GoOpen, a campaign to encourage states,

school districts and educators to use openly licensed educational materials. As part of the campaign, the

Department is proposing a new regulation that would require all copyrightable intellectual property created with

Department grant funds to have an open license.

“In order to ensure that all students – no matter their zip code – have access to high-quality learning resources,

we are encouraging districts and states to move away from traditional textbooks and toward freely accessible,

openly-licensed materials,” U.S. Education Secretary Arne Duncan said. “Districts across the country are

transforming learning by using materials that can be constantly updated and adjusted to meet students’ needs.”

https://twitter.com/search?q=#goopen&src=typd

http://www.ed.gov/



EU OER• 2013 EC Opening Up Education Aim to increase the use of digital technologies for learning

and spur development of OER and policies in EU

• Ensures all educational material is supported by Erasmus+, openly licensed and promotion of

educational materials across Europe.

• Erasmus+ and Horizon 2020 encourage partnerships between educational content producers

(eg teachers, publishers, ICT companies) to increase the supply of OER in different languages,

• Develop new business models and technical solutions that provide transparent information on ©

and open licenses

• Launch of open Education Europa portal to OER repositories and quality OER produced in EU



5 R’s Framework

OER meet the ‘5Rs Framework,’ meaning that users are free to:

• Retain: Users have the right to make, archive, and "own" copies of the content;

• Reuse: Content can be reused in its unaltered form;

• Revise: Content can be adapted, adjusted, modified or altered;

• Remix: The original or revised content can be combined with other content to create

something new; and

• Redistribute: Copies of the content can be shared with others in its original, revised



The 3 Key Potentials of OER

• OER harnesses the new possibility afforded by digital technology to address common

educational challenges.

• OER are a catalyst for social innovation, which can facilitate changed forms of interaction

between teachers, learners and knowledge.

• OER have an extended lifecycle beyond their original design and purpose. The process

of distribution, adaptation and iteration can improve access to high quality, context-

appropriate educational materials for all.



6 Ways OER Overcomes Educational Challenges• Fosters the use of new forms of learning for the 21st century

• Fosters teachers’ professional development and engagement

• Contains public and private costs of education

• Continually improves the quality of educational resources

• Widens the distribution of high quality educational resources

• Reduces barriers to learning opportunities



Benefits of OER

• Helps manage and reduce School sector Part VB licences fees;

• Reduces the risk of copyright infringement;

• Enables wider sharing and reuse of teaching and learning resources by parents, teachers,

students, schools and administering bodies;

• Does not prevent administering bodies from cost recovery and commercialisation activities. It

guarantees resources committed to the development of OER materials can be recouped by

commercialisation or cost recovery if desired;

• Allows students, teachers, parents and administering bodies to share, adapt and use without fear

of copyright infringement;



Benefits of OER

• Enables parents of disadvantaged students or students with learning difficulties to have access

to resources outside of the school setting, to improve their students educational outcomes;

• Provides a better return to taxpayers;

• Brings Australia into alignment with other developed countries, such as the United States, that

have already mandated adoption of OER; and

• Implementation and adoption of a national OER policy will support the aims of the Smartcopying

Report: to manage and control the costs of print and digital copying at the school system level

while still providing appropriate access to materials that support desired educational outcomes.



Current Issues

• Escalating copyright licence fees due to increased use of ICT in schools, digital and online

material.

• Increased risk of copyright infringement by parents, teachers, schools and administering bodies:

eg. publishing material on the Internet, posting material on social media, sharing material on

wikis and in the cloud, copying and communicating material in excess of the permitted amounts.

• The Copyright Act prevents sharing and adoption of teaching and learning material in the digital

world - The Copyright Act not fit for school purposes (no fair use);

• The current copyright regime penalises schools for using new technologies;



Current Issues

• The Departments’ of Education have no control over the amount of copying done at the school level;

• Schools have no incentive to manage the amount of copying done under the copyright licences as

the departments and administering bodies pay the licence fees to collecting societies on behalf of

the schools;

• Inability to adapt materials for classroom use or share teaching and learning resources with other

schools, organisations or parents.

• Departments and Catholic administering bodies unable to share resources nationally due to

embedded third party material; and



Publicly Funded Resources need to be Openly Licensed

• publicly funded resources by Governments and others continue to be created and licensed in a manner that doesn’t enable them to be extensively used by schools, teachers and parents or openly licensed in the future. This means:

• of the $90 million per annum the school sector pays to licence copyright materials for use in schools, a significant proportion of this is still spent on schools paying to use Government funded resources. CAG estimates that approximately $925,000 of the approximately $60 million paid under the Part VB licence in 2014 was paid out for materials that should have fallen under the AusGOAL framework;

• taxpayers are essentially paying for these materials twice: once when Government funded resources are created and then again when they are used in schools

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Copyright obstacle in developing 21st Century Skills• restrictions in the Copyright Act limit what teachers can do with

copyright-protected content (for example, a teacher can usually only copy 10% of a text-based work under the Part VB statutory licence). In contrast, OER resources enable teachers to assist students to develop skills for the 21st century workplace, by using resources for remixes, code clubs, research and data mining, to collaborate with students in other schools or the wider community !

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Policy Objectives of OER

• Aligning OER to key educational challenges

• Ensure sustainability of OER initiatives

• Integrating OER into the whole of learning setting

• Supporting teachers and learners

• Saving costs in producing/purchasing content

• Saving costs under Australia education statutory licences

• Improving quality of educational resources

• Reduces risk of copyright non compliance



OER in Australia

• Australia is one of the signatories of the Paris Declaration on Open Education Resources

• All State and Territory Departments of Education have endorsed AusGOAL

• All Australian Departments of Education to licence their websites and publications under CC BY 4.0 where

possible. Already completed: Tasmania, South Australia, New South Wales, Queensland, Western

Australia, Victoria and the Australian Government

• The non- government school sector is also beginning to license their learning resources under CC

licenses to ensure wider sharing

• The Australian Schools sector is actively encouraged to use OER in preference to closed publicly funded

educational resources. See http://www.smartcopying.edu.au/open-education/open-education-resources.

http://www.unesco.org/new/fileadmin/MULTIMEDIA/HQ/CI/WPFD2009/English_Declaration.html

http://www.ausgoal.gov.au/

https://www.education.tas.gov.au/About_us/Pages/Copyright-and-Disclaimer.aspx

http://www.decd.sa.gov.au/aboutdept/pages/contact/copyright

http://www.dec.nsw.gov.au/footer/copyright

http://www.dec.nsw.gov.au/footer/copyright

http://education.qld.gov.au/home/copyr.html

http://www.education.wa.edu.au/home/detcms/public-education/content/global/copyright.en

http://www.education.wa.edu.au/home/detcms/public-education/content/global/copyright.en

http://www.education.vic.gov.au/Pages/copyright.aspx?Redirect=1

https://education.gov.au/copyright

http://www.smartcopying.edu.au/open-education/open-education-resources



OER Australia –

• Other OER initiatives include:

• Education Services Australia licensing more than 1600 digital learning resources from the national digital

resources collection under CC licences (http://www.scootle.edu.au/ec/lobjects.htm)

• The Australian Curriculum (www.australiancurriculum.edu.au) is licensed under a CC BY licence

• ACARA is in the process of licensing www.acara.edu.au; www.naplan.edu.au; www.australiancurriculum.edu.au

under CC BY 4.0

• The National Copyright Unit actively encourages government departments, organisation,

businesses and organisations who wish to provide educational resources to the school sector

to also licence their material under either CC BY or CC BY SA. Recent organisations include

UNICEF Australia and the National Rugby League.

http://www.scootle.edu.au/ec/lobjects.htm

http://www.australiancurriculum.edu.au/

http://www.acara.edu.au/

http://www.naplan.edu.au/

http://www.australiancurriculum.edu.au/



OER Procurement Agreements

• First, run the film backwards! Do you want teachers, parents and students to engage with and

share the material? Yes!

• What do you need to ensure happens in the development process to enable that reuse? OIOO!

• Consider whether the Commonwealth or the contracted party should own the copyright and

license back. Define Open Terms.

• Introduce IP Registers, but OER nested materials should be sourced in preference.

• Check compliance.

• Refer out for support – eg. AusGOAL.



OER – Grant / Funding Agreements

• Similar contractual provisions may be necessary for grant funding. Make your

expectations clear.

• Some policy and procedure documents in resources folder.

• Compliance important, but not onerous.



OER Implementation Tools in Australia

• New OER Toolkit for teachers, e learning and curriculum developers

• AusGOAL developing template clauses in procurement and funding agreements

• AusGOAL’s New Microsoft Add-in for Creative Commons 4.0 Licenses




Looking Forward:

• Develop New Microsoft Office Add-in for Creative Commons 4.0 Licences

• Develop CC add-on’s for Google Docs, OpenOffice and LibreOffice etc

• Ongoing training / education on AusGOAL in government and research for

lawyers, policy makers, corporate communication areas, IT

• Engage and educate GLAM sector in AusGOAL- allow access, reuse and sharing

of PD and CC licensed material

• Initiate certification programmes for staff and agencies



Looking Forward:

• Reviewing IP policies in Departments of Education and Schools, and expanding OER policy to

encourage Schools and Teachers to licence teaching and learning material under Creative

Commons

• Specialist training in Departments of Education and non government school sector on CC

licensing – e-learning, curriculum, communications and IT areas

• Amend procurement policies and funding agreements to require that Public funded information is

released under the CC-BY licence, inclusive of nested materials



OER: The Way of the Future

“In an era of limited resources, educators must figure out how to do more with fewer financial resources. One action that would improve

school efficiency and financing is to have educational resources developed with taxpayer dollars be licensed under a creative

commons license that would improve accessibility to instructional materials. Budget circumstances require schools to get more efficient, boost productivity, and make do with fewer financial

resources. While this poses obvious problems for school districts, it also creates the possibility of making changes in business

operations that are innovative and transformational.”

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OER: The Way of the Future

“Technology, in particular the internet, must be fully exploited. Schools, universities and vocational and training institutions

must increase access to education via open educational resources."

“New technologies…together with globalisation and the emergence of new education providers, are radically

changing the way people learn and teach. Open access to education resources offers an unprecedented opportunity to

enhance both excellence and equity in education.”

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Slides available @ http://www.slideshare.net/nationalcopyrightunit/

National Copyright Unit Slideshare

http://www.slideshare.net/nationalcopyrightunit/



Useful Links

• OER in Australia

• OER Toolkit for teachers, e learning and curriculum developers

• Creative Commons Information Pack for teachers and students

• Where to find CC licensed materials

• Videos on OER

http://smartcopying.edu.au/open-education/open-education-resources/where-to-find-oer-materials/oer-in-australia


http://smartcopying.edu.au/open-education/open-education-resources/cc-information-pack-for-teachers-and-students

http://www.smartcopying.edu.au/open-education/open-education-resources/where-to-find-cc-licensed-material

http://smartcopying.edu.au/open-education/open-education-resources/videos-on-oer



More Information and Assistance

Delia BrowneNational Copyright Director

[email protected]+61 (02) 9561 8876

www.smartcopying.edu.au

mailto:[email protected]

http://www.smartcopying.edu.au/



This presentation, Open Educational Resources and AusGOAL, is licensed under the Creative Commons Attribution 4.0 International Licence

Licence URL: http://creativecommons.org/licenses/by/4.0/legalcode

Please give attribution to: © National Copyright Unit and AusGOAL 2015

Notice Identifying Other Material and/or Rights in this Publication:1. The UNESCO OER Global Logo by Jonathas Mello is licensed under the Creative Commons Attribution Unported 3.0 License2. The CC logo’s and buttons are reproduced with permission of Creative Commons3. The Smartcopying Website image by the National Copyright Unit is licensed under the Commons Attribution 4.0 International Licence4. The excerpt of the Comparison between CCAU 3.0 Licences and 4.0 Licences, by AusGOAL is licensed under the Commons Attribution 4.0 International Licence5. The video: How Williamsfield’s Schools Decided to #3GoOpen, by the United States Department of Education, is licensed under the Creative Commons Attribution Unported 3.0 License

http://creativecommons.org/licenses/by/4.0/legalcode


http://www.smartcopying.edu.au/

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