fair enough sharing resources: ownership and protection issues within and outside institutions

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FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

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Page 1: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Sharing resources: ownership and protection issues within and outside

institutions

Page 2: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

FAIR Enough

James ClayWestern Colleges [email protected]

Project Director – FAIR Enoughwww.westerncc.ac.uk/fair

Page 3: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Asset Disclosure

Issues and Challenges Ownership and IPR –- who owns what? Protection –- why and how? Sharing –- why and how?

Page 4: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Copyright - Ownership

Who owns the copyright on a: handout created by a member of staff

during the working day handout created by a member of staff, in

their own time, using a college laptop handout created by a member of staff at

home, in their own time, using their own PC website, used by students, hosted by staff

on their own paid for website

Page 5: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Copyright & IPR

The underlying objective of Intellectual Property Rights (IPR) is to protect the creators right to be appropriately acknowledged for his or her work.

Page 6: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Copyright Act 1988

Copyright is effective upon creation of the work.

One does not have to register their copyright in their work before it is protected.

Page 7: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Who Owns What? (1)

Who Owns The Copyright Subsisting In The Work?

The Default Owner: The person who created the work, unless the work was completed in the course of employment.

Page 8: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Who Owns What? (2)

Who Owns The Copyright Subsisting In The Work?

Employment and Ownership: Section 11 (2) of the 1988 Act provides that the copyright of works created during the course of employment will be owned by the employer unless an agreement to the contrary is in place.

Page 9: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Contractual Obligations

…...the copyright in all records and documents made by you in the course of your employment shall belong to the college...for the avoidance of doubt, the copyright in materials produced by you for the purposes of a course run by the college shall belong to the college

Page 10: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

FE and HE

There are differences between FE and HE institutions especially in regard to contractual obligations.

HE staff often have greater rights over copyright and IPR compared to staff within FE institutions.

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FAIR Enough

Reality Check

There is a perception amongst staff within colleges (especially part-time staff) that they “own” the resources they create regardless of the law and their contract.

Some staff perceive that they are not paid for their preparation.

Page 12: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Protecting Copyright

Reasons why an institution may wish to protect its IPR

Support learners Support staff Unauthorised use (commercial) Licence agreements Potential income

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FAIR Enough

How?

Considerations when protecting IPR: Access Flexibility Security Technical Costs

No system can ever be 100% secure.

Page 14: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Benefits of Sharing

Sharing of effective practice amongst staff Use of best practice supports learners. Avoids duplication of effort. Specialisation possible. Sharing of resources, systems and

procedures Costs of development can be split between

curriculum areas (or colleges). Saves time

Page 15: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

What is a Resource?

Learning Resources can be: Learning Objects Question Sets Word Files PowerPoint Presentations PDF Files URLs

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FAIR Enough

Categories of Resources

Commercial (eg ECDL Package)Non-commercial (eg NLN Materials)ConsortiumCollege (Institution)Faculty (Curriculum Area)Individual

Page 17: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Attitudes to Sharing

Do not want to shareDo not know what sharing isDo not know how to shareShare ineffectivelyWould like to share betterHappy to share and do so...

Page 18: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Limitations to Sharing

Licence agreementsCultural attitudesFear of judgementsContent classification (meta data)Plagiarism and copyright infringementCompetitive fears

Page 19: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Effective Sharing

In order to share resources you need to consider

Content classification Portal Delivery Repository Tools Repurposing content Digitisation

Page 20: FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough

Why Bother?

Makes things better for the learner Student-centered Learning Raises standards Widen access More time for staff Part of Corporate Plan

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FAIR Enough

Questions

?www.westerncc.ac.uk/fair