copyright and e-learning for gtas

Using Other People’s Stuff OnlineIssues in Copyright and IPR for Lecturers

HE Academy Classics & Archaeology SCManchester, Wednesday, 23 February 2011

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Jason Miles-CampbellJISC Legal Service Manager

www.jisclegal.ac.ukinfo@jisclegal.ac.uk0141 548 4939

Hello!

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About JISC Legal

• Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education

• Information service: we cannot take decisions for you when you are faced with a risk

When it comes to copyright...

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1. I’m confident2. I’ve a fair idea3. I dabble4. I ask others5. I hide in the toilet

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What Does Copyright Cover?

• Original literary, dramatic, musical and artistic works

• Sound recordings, films, broadcasts and cable programmes

• The typographical arrangement of published editions

I paraphrase someone else’s work. In copyright terms...

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1. This is okay in all cases2. This is okay if I give

acknowledgement3. I need the author’s

permission to avoid infringement

4. I can hear the sirens already5. I’m not sure

How long until these slides go out of copyright?

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1. 2.30pm2. 10 years from now3. 25 years from now4. 50 years from now5. 70 years from now6. Even longer…7. I’m not sure

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For How Long?

• Literary, dramatic, musical, artistic works: author’s life + 70 years

• Films: life of ‘creators’ + 70 years

• Other works: creation/release + 50 years

• Typography: publication + 25 years

Who owns these slides?

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14% 14% 14% 14%14%14%14%1. Jason Miles-Campbell2. JISC Legal3. The University of Strathclyde4. JISC5. The government or state6. No-one7. You’re not telling us enough to

answer the question, are you?

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Who Owns The Copyright?

• The author / creator in general

• The employer (s.11 CDPA 1988)

• Commissioned materials: contractor has copyright unless otherwise stated

• Assignment and licensing

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Copyright Restricted Acts• (a) to copy the work• (b) to issues copies to the public• (ba) to rent or lend to the public• (c) to perform, show or play to the public• (d) to communicate to the public• (e) to make an adaptation etc

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I Just Want Some Content

• Use out-of-copyright material• Use ‘open’ licence copyright material

(though be aware of conditions!)• Use copyright exceptions• Use blanket licence

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I Want THAT Content

• Check it is in copyright

• Consider whether an exception applies

• Consider the use of a blanket licence

• Obtain permission directly

• Do not ignore copyright

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Copyright in One Slide

• Copyright controls copying and other ‘restricted acts’

• You must own copyright, or have the permission of the copyright holder, in order to do the ‘restricted acts’

• Education-relevant exceptions

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Licences and Licence Terms

from Microsoft Office Clip Art End User Licence

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Copyright Exceptions

• S.29 Research & Private StudyFair dealing of literary, musical, artistic, dramatic work, typography for non-commercial research or private study (acknowledgement needed)

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Copyright Exceptions

• S.30 Criticism, Review, ReportingFair dealing for criticism, review or news reporting (acknowledgement needed, and work has been made available to public)

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Copyright Exceptions

• S.31A-F Accessible CopiesThe making of a copy or copies for a visually impaired person.

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Copyright Exceptions

• S.32(2) Media Studies InstructionCopying of a sound recording, film or broadcast allowed for instruction in film making or film sound-track making ifa) done by instructor or instructee, andb) sufficient acknowledgement is given

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Copyright Exceptions

• S.32(3) ExaminationsNo breach for setting questions, communicating questions, or answering questions provided there is sufficient acknowledgement(not for reprographic copy of musical work for candidate in performing the work)

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Copyright Exceptions

• S.34 Performing, Playing, ShowingPerformance of literary, dramatic, musical work in education where audience of teachers and pupils if:a) by a teacher or pupil, orb) at the establishment(for purpose of instruction)

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Copyright Exceptions

• S.34 Performing, Playing, ShowingPlaying of sound recording, film or broadcast in education where audience of teachers and pupils if at the establishment for instruction

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Scenario

• The university has a VHS video in the library which is used for teaching in a module. The tutor asks if she can have this transferred to DVD or uploaded onto an intranet server so all the students can watch independently whenever they like.

Transfer of video to DVD....

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20% 20% 20%20%20%1. That’s fine!2. It’s a breach, but no-one’s

going to mind3. It’s a breach, so we’d

better keep some VHS players!

4. Is anyone good at getting out of handcuffs?

5. I’m not sure

Uploading to the VLE...

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20% 20% 20%20%20%1. That’s fine!2. It’s a breach, but no-one’s

going to mind3. It’s a breach, and not well

advised.4. Is anyone good at getting

out of handcuffs?5. I’m not sure

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Scenario

• The university is concerned that materials on its VLE instruct students to visit certain websites and to download and/or print off certain materials from them. Is this permissible?

Get the students to do it...

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20% 20% 20%20%20%1. That’s fine!2. It’s a breach, but no-one’s

going to mind3. It’s a breach, and not well

advised.4. Is anyone good at getting

out of handcuffs?5. I’m not sure

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Top Tip 1

• Copyright is good!

• How to use other people’s stuff online

• Confidence!

Facilitation, not Compliance

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Top Tip 2

• Find out what you’ve got before you go shopping – you’ve got ingredients already!

• Blanket licences• Open licences

Look in the Pantry!

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Top Tip 3

• Where circumstances and pedagogy

allow, let students do it for

themselves

Let Students Deal Fairly

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Top Tip 4

The Examination Creation

• Exemption for examinations

• Summative

assessment

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Top Tip 5

• Licences are key

• Licences set bounds

• Blanket licences

• Negotiating licences

Licensed to Inspire

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Top Tip 6

• Find out what licences you hold

• Understand whatthey allow

• Tell your staff

• JISC Legal resource

Spread the Licence Word

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Top Tip 7

• Online images may bedifficult to clear

• Considerscanning instead

• CLA certainty

Plan to Scan!

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Top Tip 8

• Seeking permission isn’t complicated

• Prepare for “no”and silence

• Central function?

Ask!

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Top Tip 9

• Efficient, effectivee-learning

• Support andassistance

• Clear ownership

Copyright on the Agenda

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Top Tip 10

• Sources of information and guidance

• Who is it at your institution?

• JISC Legal

• Licence providers

• Lots of help!

Born to Make You Happy

Contact JISC Legal

JISC Legal is hosted by the University of Strathclyde, a charitable body, registered in Scotland, with registration number SC015263.

info@jisclegal.ac.uk

0141 548 4939

www.jisclegal.ac.uk

http://twitter.com/JISCLegal

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Sources of Supportwww.jisclegal.ac.uk

Extensive copyright information, publications, audio-visual resources, links and helpdesk

www.web2rights.org.ukA JISC project, with many useful, practical guides, forms and templates

www.legislation.gov.ukThe Copyright, Designs and Patents Act 1988

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More Help!

The JISC Legal Copyright Webcasts

• Available at:• http://www.jisclegal.ac.uk/• (via the JISC Legal Publications page)

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Sources of Support

The Licensing Agencieswww.cla.co.ukwww.nla.co.ukwww.era.org.ukwww.prsformusic.comwww.dacs.org.uk

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Sources of Support

www.jisc-collections.ac.ukJISC’s collective licensing organisation

www.ipo.gov.ukThe UK Government-backed home of intellectual property on the Internet

44?Your questions

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