copyright without fear

Copyright Without FearCreating, Sharing and Staying Legal

Ian Watson & Carolyn Hodgman17 February 2012

© Institute for Research and Innovation in Social Services and NHS Health ScotlandThis work is licensed under the Creative Commons Attribution-Non-Commercial 2.5 UK: Scotland License. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc/2.5/scotland

http://www.flickr.com/search/advanced/

Presented by Carolyn Hodgman

IP is Everywhere

• Philosophical• Ethical• Political• Artistic• Scientific• Cultural• Commercial

• What is ‘Original’?• Medication, drugs.• GM Crops• Books to Photos• Rocket Ships• Disseminating Work• Advertising

The Origins of Intellectual Property

Early Beginnings

Romans

Placed marks on pottery to symbolise the maker.

Venetians

Venetian Law of 1474 gave 10 year privileges to inventors of such as new machines.

Think of Property, Think of Ownership


3 Broad Areas

• Protection for Image and Reputation(‘Passing off and Trade Mark Registration)

• Protection for Industrial Property(including patents for inventions and ‘trade secrets’)

• Protection for Form and Appearance(Copyright, Design and Moral Rights)



Developing Countries

• Pirating Software• Researching Pharmaceuticals

Beginnings of Copyright

• Abbot Finnian v Columba brought under Brehon Law in 561 AD, Ireland

• Law evolved before 250 AD until 17th Century, first record of private ownership of copyright

"Le Gach bain a bainin, Le Gach leabhar a leabhran.“ "To Every Cow its Calf, Likewise To Every Book its Copy."


Statute of Anne

• The Copyright Act 1710, first in the UK

• Recognised authors as owners and provided a protection period of 28 years.



Author and Publisher

• Donaldson v Beckett 1774• Intolerance of monopolies• Protection is of greater benefit to publishers than to authors.


Author’s Creative Investment

• The Copyright Act 1842• A Moral Right• Lobbied for by well-known authors.• Idealised notion of Author as gifted and inspired source of creativity whose interests should be protected.

• Author Central to Copyright Protection


Victoria and Albert

• Prince Albert v Strange [1849]Prince Albert’s Etchings were given in confidence but then passed on to a third party• Breach of Confidence• Indirect recipient

Going International

• The Copyright Act 1911• Alignment with International Standards• Berne Convention • Life of Author plus 50 years• Introduced Protection of Sound Recordings


TV and Film

• The Copyright Act 1956• Protection of Films and Television Recordings• Ratified the Bern Convention



One for All?

• Copyright Designs and Patents Act 1998• International Protection Under the 1971 Paris Act


IP today

• Information Society Directive• World Intellectual Property Directive (WIPO)• Copyright Treaty• WIPO Phonograms and Performance Treaty• Protection to Digital Works

Information Technology

• Look and Feel• Software Piracy• Peer to Peer Copying


Activity - 1What is Copyright?Split in to groups of 4 - 5 people• Take 10 mins to discuss in your group:

o What do you think copyright is? o What do you think copyright isn't?o What does Public Domain mean to you?

• Write down your responses on on flip chart paper

Nominate a person in your group to share your responses with the wider group

Copyright Creation and Control

• All work belongs to someone.o Creator, artist, composer, writer, author, or their

employer• Copyright

o is created automatically.o for literary, dramatic, musical or artistic works lasts for 70 years after the death of the author. After then, it is out of copyright.

o for film, sound recordings, broadcasts and typographical layout see Copyright Law - the basics (Outlaw) http://www.out-law.com/default.aspx?page=5633

http://publicdomainreview.org/guide-to-finding-interesting-public-domain-works-online/

What is Copyright?

What does it protect?

What’s its purpose?

A property right, giving the holder the right to control:• Reproduction• Creation of derivative works• Distribution of copies• Public performances• Public display

• Literary, dramatic, musical or artistic works • Sound recordings, films and broadcasts • Typographical arrangement of published editions

But only the expression of an idea, not the idea itself.

To encourage creativity by rewarding creators for allowing society to benefit from their creations.

Legal uncertainty

• Exceptionso Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’o These are narrowly defined

• Not possible to issue rules that will apply in all circumstances

• Copyright compliance as a processo Identify risko Minimise risk

Activity - 2Case StudiesSplit in to groups of 4 - 5 people• Read the case studies handed out to your table• Take 15 mins to discuss in your group how you deal with each scenario and consider:o Who owns the Copyright o What to do about other people’s Copyright workso Online and Offline works - is there a differenceo How can you check if works can be reusedo What do you understand by fair use and fair dealing

• Write down your responses on flip chart paper• Nominate a person in your group to share your responses

with the wider group

Activity - 3Case Studies Recommended ApproachesSummarise your findings to the wider group

Case Study 1• What about using embed codes?• The importance of contractual relationship with subject specialist and authors. (Remember, they own copyright unless contract assigns it to you).

• Make sure resulting materials clearly state who own copyright and what licence conditions apply.

Case study 2• Making multiple copies of journal articles is not allowed• Better to send a link beforehand.• Uploading to online communities is not allowed. Just upload the link along with citation

Case study 3• There is a difference between training room use and publishing on e.g. SlideShare• The need to check if college has institutional licence

Fair Dealing & Quotation

The exceptions are quite limited and specific:o non-commercial researcho private studyo news reportingo criticism or review

Not likely to be relevant to published learning materials.

Fair dealingThere is no strict definition of what this means but it has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use. Where the economic impact is not significant, the use may count as fair dealing.

So, it may be within the scope of 'fair dealing' to make single photocopies of short extracts of a copyright work for non-commercial research or private study, criticism or review, or reporting current events.

Intellectual Property Office http://www.ipo.gov.uk/types/copy/c-other/c-exception/c-exception-review/c-exception-fairdealing.htm

Problems for Users and Creators

• To copy, distribute or perform a work you need explicit, written permission (a licence) from the copyright holder

• Do you know who owns copyright?

• Does the copyright holder know he/she/it holds copyright?

• Who within in a corporate body is authorised to issue licences?

• Many publications contain no information about permission to copy but depend on widespread circulation to make an impact.

• Requesting and issuing licences is time consuming and expensive - lawyers fees!

1. Terms and conditionsAlways check and abide by the "terms and conditions" section that appears on most websites and publications.

2. Cite sourcesAlways cite the source of materials you make use of, for example in reports or training packs. If you don't you could be accused of plagiarism: passing off someone else's work as your own.

3. A good rule of thumbThink about whether your action is likely to harm the business of the copyright holder. Reproducing a journal article, for example, is likely to harm the publisher who derives revenue from selling subscriptions. However, there will be circumstances where a copyright holder is likely to be 'pleased or indifferent' about you using their materials.

Quoting and Citing

Alternative licencing schemes What are they?Common Ones Are:

Copyleft is a form of licensing and can be used to maintain copyright conditions for works such as computer software, documents and art.

Described as at the forefront of the copyleft movement, seeking to support building a richer public domain by providing an alternative to the automatic "all rights reserved" copyright, dubbed "some rights reserved.“1

Creative Commons

1 Broussard, Sharee L. (September 2007). "The copyleft movement: creative commons licensing". Communication Research Trends.

Creative Commons

• Off-the-shelf licences that you can attach to your work.• Copyright remains with the owner, but• Specifies what others are allowed to do without asking permission.

• CC licences are free to use.

Example. From Open University OpenLearnExcept for third party materials and otherwise stated, content on this site is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Licence

Video http://creativecommons.org/videos/creativecommons-and-commerce

Benefits of Creative Commons

• Frees rights holders and licensees from troublesome bi-lateral licence negotiations.

• You won't get troublesome phone calls, letters or 16-page licence agreements requesting permission to use your work.

• You won't have to spend time contacting copyright holders.

• You won't have to speak to a lawyer every time you want to copy something.

• You can be sure you stay legal.

Links - Creative Commons

Creative Commons. Share, remix, reuse — legally. An IRISS guidehttp://www.iriss.org.uk/creative-commonsGeneral information about Creative Commons: http://creativecommons.org Summary of the six Scottish licences: http://creativecommons.org/international/scotland/Sample CC licence deedhttp://creativecommons.org/licenses/by-nc-sa/2.5/scotland/Choose a licence: http://creativecommons.org/license/Examples of how each licence works:http://creativecommons.org/about/licenses Case studies:http://wiki.creativecommons.org/License_ExamplesAdvanced – how to embed creative commons licences in metadata:http://wiki.creativecommons.org/UsingMarkupVideoshttp://support.creativecommons.org/videos#wwtJonathan Mitchell QC talking about the Scottish Creative Commons Licence: http://www.iriss.ac.uk/node/305

Government Publication and Crown Copyright

UK Government licensing frameworkhttp://www.nationalarchives.gov.uk/information-management/uk-gov-licensing-framework.htm

Open Government Licence http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm

Open Parliament Licence http://www.parliament.uk/site-information/copyright/

Source of Creative Commons content

Wikicommons

http://commons.wikimedia.org/wiki/Main_Page

Flickr

http://www.flickr.com/creativecommons/

In advanced search, select Creative Commons

http://www.flickr.com/search/advanced/?

Guide to Public Domain works

http://publicdomainreview.org/guide-to-finding-interesting-public-domain-works-online/

Activity - 4Alternative Licencing – Discussion, Q & A

What other forms of alternative licences are you aware of?

What other sources do you know of for finding content?

What are the issues for finding content and understanding the licence?

Test Your Knowledge

I used my Athens login to find a journal article on SSKS. Can I put this article in my VLE?

NO!

The article has a great diagram. Can I copy it into my training manual without permission?

NO!

Can I reproduce some of the text from above article in a learning object? Yes but...

I’m preparing a PowerPoint presentation and I would like to include a photo of the Forth Bridge that I found on the internet. Is that OK?

Maybe

I think a few bars of Tina Turner singing ‘Simply the best’ would be a perfect way to end a staff development training day and a video I’m creating. Do I need someone’s permission?

Definitely

I would like to include an article and photo from a newspaper. Do I need to ask?

Yes

Risk factor = A x B x C x DWhere A is the probability that you are infringing copyright; B is likelihood the the copyright owner finds out; C is the likelihood that they will care enough to take any action and D is the compensation they are likely to seek.

ExampleI copy the findings of a research report produced by a campaigning group, Action for More Cycle Lanes, and include them, with acknowledgement, my website (100% certain this is infringement). I think they could easily find out (90% likely). But I also think they will be happy that I have used the finding to promote their cause (1% likely to take action) And will not seek compensation (0):

Risk factor = 100 × 90 x 1 x £0 = 0Apply the same to a Warner Brothers film clip:

Risk factor = 100 ×100 x 100 × £1,000,000 = serious trouble!

Copyright Risk Assessment Copyright should always be respected but sometimes it can be troublesome to seek formal permission to copy. This formula offers a rough and ready risk assessment

RISK Management

If you use content without permission you could be sued.Is your use likely to damage the owner’s commercial interests?Is the owner likely to be ‘pleased or indifferent’ ?ExampleThe Hebrew University in Jerusalem was awarded £44,000 as compensation for a breach of its intellectual property rights.

The University is the heir and owner of all rights pertaining to Albert Einstein's estate, including the rights to use his image.

A company continued to use a picture of Einstein in an advertising campaign, without permission, and has now been ordered to compensate the rights owner. http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=405071&c=1

Activity - 5Motives, Risks and Grey Areas – Discussion, Q & A

Examples of getting it wrong.

Do you have examples where you think it’s worth the calculated risk?

Where are the grey areas?

Towards a Process5 steps to creating and sharing digital content

Identify

Select content to be used ‘as is’ or adapted.

Rights

Who owns these materials?Do you have permission to copy or adapt?

Licence

Define the terms & conditions under which others may use of the work.

Authorisation

Ensure you own organisation and any third parties have given consent for the proposed use.

Share

Digitise and select appropriate distribution channels

1 2 3 4 5

Exclusive / non-exclusive An exclusive licence means only the licensee may use the work. Non-exclusive means the licensor may licence the work to many licensees.

Royalty-free There is no recurring charge for the use of the materials.

Perpetual There is no time limit attached to the licence. Some licenses may expire after after a specified time.

World-wide territorial rights Some licences may exclude, say, USA and Canada. This is not much use for web based content, which has a global audience.

Non-commercial use The work may not be used primarily for commercial advantage or payment.

Educational use Reinforces the non-commercial condition.

Activity – 6The Big Take Away

What is your one Big Take Away from the day?

Tell the group.

Put it on a post-it and on the Sticky Wall as you go please.

Thank You!

Useful sites and further reading

IRISS maintains a ‘Delicious’ list of useful resources and reading. We’ll keep adding to the list so bookmark it and keep up to date.

http://delicious.com/stacks/view/CuwM0P

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