SVC-Lecture · Take-over of the contents for the closed area of my module •Photos, Texts etc. from the Internet _ legal, if the contents needn’t be acquired commercially. •The

SVC-Lecture

SVC Dissemination - WorkshopApril 16th 2007

Issue:Copyright

Mathias KummerMLaw, CEO Weblaw AG, Bern

[email protected]

Copyright

Part 1Copyright and eLearning projects: relevantquestions (Content procurement)

Part 2Protection of provided contents(Technical and legal protection; Copyrights, CreativeCommons)

Copyright and eLearning projects: relevant questions

• Managements‘ progress report on the module„Contracts of Internet and Computer Science“ of the SVC-project P 3-086 ICT, law & society

• eLearning project – Moodle as a technical solution, password-protected access

• 10 Tutorials, with documents of about 80 pages each (script, continuative literature, powerpoint-presentations, sentences, laws, check-lists, model contracts etc.)

• Composing all contents on our own?

Copyright questions at eLearning projects

• Am I allowed to include laws and sentences in Moodle?

• Am I allowed to copy photos, texts etc from the Internet, to picturethem in Moodle?

• Am I allowed to take over to the norm SNR CWA 14842-1 withrequirements for a launch at e-Shops in Moodle? Chargeabledownload on www.mysnv.ch is possible.

• Am I allowed to adopt the article about the rules of the editorial ofcontracts, published in the Jusletter.ch (weekly published, judicialOnline-magazine, chargeable, annual subscriptions) in Moodle?


• Am I allowed to adopt the presentation of “Contract negotiationsaccording to the Harvard-concept” of the University ofCooperation Education Ravensburg, which are accessible on theinternet?

• Does anything change if I post the externally obtained contentsfrom the internet as public domain subject matters (Open Content)instead of a password-protected area for educational purposes?

Legal assessment of the questions - Procedure

• Is the work, which will be adopted, protected by copyright? If no: use is not a problem If the work is protected by copyright:

- Do I have a legal licence (permission) for using the workwithout the agreement of the legitimate owner?

- If yes: Use in the defined context is not a problem- If no: Agreement of the legitimate owner is necessary

for use of the work

Work protected by copyright• Mental work of literature and arts, which have an individual

character, are protected by copyright (Art. 2 Abs. 1 URG). particularly linguistic work, music, graphics, photographic and cinematic work,computer programs etc.

Make no great demands on the individuality 2 current judgements of federal court for demonstration

Snapshot-photo of Bob MarleyThe photo is a mental work with an individual character.Decisive: the particular facial expression and attitude, specifically thestreamed dreadlocks, and the forms of the photograph which isreminiscent of a sculpture, give the work its individual character ...

Illegal copies of course folderDocuments for use by a computer user, particularly Index and PrintscreensThe federal court affirms its individual character.

Work protected by copyright

• Works unprotected by copyright are official edicts, means of payment, judgements, minutes, reports of public authority (...)(Art. 5 URG)

Am I allowed to adopt the laws and judgements in Moodle?– yes, they are not protected by copyright.

Further conclusions

• (most of the) Photos, texts, presentations from the Internet,• the Norm SNR CWA 14842-1,• The scientific article in the Jusletter• And the powerpoint presentations for the Harvard-concept

_ Are works protected by copyright

Further clarifications:

_ Do I have a legal licence (Permission) to use the works without theagreement of the author?

Legally accepted utilization of foreign works

• Utilization for personal needs (Art. 19 URG)

Use of work in the personal area and between near relatives and friends (Art. 19 Abs. 1 lit. a URG)

Every use of work for classes (Art. 19 Abs. 1 lit. b URG)_ Restrictions in Art. 19 Abs. 3 URG:

Outside private circle is prohibited:also the complete and nearly complete copying of works, which are available in trade;(....)

General restriction: no use for personal needs with computer programs (Art. 19 Abs. 4 URG)

Further

Utilization of the work for classes• Principle: All use of the work for classes is legal (Art. 19 Abs. 1

lit. b URG)

_ Also the saving and modification of foreign works in internal school datanetworks / and in the public eLearning domain

• Restrictions: Complete and nearly complete copying of works,which are available commercially, is not legal (Art. 19 Abs. 3URG)

_ In terms of URG, download and saving of a work in an eLearning-Tool isconsidered to be as copying

_ Books, magazines, movies etc. must not copied completely or nearlycompletely, as long as they are available commercially

Further conclusion Take-over of the contents for the closed area of my module

• Photos, Texts etc. from the Internet_ legal, if the contents needn’t be acquired commercially.

• The Norm SNR CWA 14842-1:_ Available commercially (chargeable download); to obtain a written agreement

for publication.

• The scientific article of Prof. Dr. Schumacher in Jusletter_ legal, although the Jusletter is chargeable, the particular article can not be

ordered for a fee.

• Powerpoint presentations for the Harvard-conceptpermitted according to CH-URG – and in German law? Suggestion: put a link


Does anything change if I post the externally obtained contents on the internet as public domain subject matters (Open Content) instead of a password protected area for educational purposes?

Answer:Yes! If the complete contents are available for the general public, it can no longer be referred to as for your own educational needs..

Conclusion:The agreement of the author has to be obtained for extensive use of the work.

Copyright

Part 2:

Consideration of the protection of developed contents

(technical and legal protection,Copyrights, Creative Commons)

Protection of the contents

• Technical protection

_ File the content in a password protected area

_ Format PDF - encode the document, to make changes in adocument impossible,no „Copy and Paste“is possible


• Legal protection

_ Contents are protected by copyright (even without the signof copyright)

_ No tolerance of infringement of copyright (to admonish,reserve legal measures)

_ Announcement of the coordination for fighting againstcyber-crime (CYCOS)

_ With intentional infringement of copyright – penalty/prison(Art. 67 URG) start legal proceedings

_ Civil law protection (Art. 61 ff. URG), particularly action fordeclaratory judgement, action for damage


• Legal protection

_ To confirm licence agreements with the users of thecontents (click on the accept-button to accept the generalterms and conditions)

_ To show which right of use the user has and doesn’t have,e.g. by placing Creative Commons licence-icons

Idea of Creative Commons (CC)• “Wanna Work Together?”

http://search.creativecommons.org/

What are/is Creative Commons?

• Worldwide, non-profit society• Artist-friendly utilization of the copyright on the internet• Publishing standard licence agreements for authors of different works

(Texts, Pictures, Songs etc.)• Away from „all rights reserved“ to „some rights reserved“• Large community, variety of projects; in CH: the eLearning-Centre of

the University of Zurich recommends the use of CC-Licences

• http://creativecommons.org - very user-friendly; selective search forCC-licensed contents possible

CC Standard-Licences (Choice of Licence)

• „Some rights reserved“ - Conditions of the use, disseminationof CC-licensed works by third party:

• Mention of the author (compulsory, equal for all licences)

• Module: Commitment of exclusive general terms and conditions bythe author, particularly

_ Admit commercial use? yes/no_ Admit processing of the content? yes/no_ Selection of the applicable legal system

• Simple generation of the licence onhttp://creativecommons.org

CC Standard-Licences

Disposable, only naming is compulsory

Mentioning, no commercial use, no processing

Mentioning, no processing

Mentioning, no commercial use

Mentioning, transmission under the same conditions

Mentioning, no commercial use, transmission under the same conditions

Click on the icon to get exact information

Choice of licence - Icons

Fig. Search for CC-licensed contents

Fig. CC-Icon on the result page

Pros and Cons of Creative Commons• Pros

- Standard, worldwidecomprehensible rules and icons,large community

- Website: simple generation oflicence, search engines

- Simple explanation of the licenceto all

- Selection of various sections ofthe licence possible

• Cons

- No licence under CH-lawcan be generated at themoment

- The relevant legal contractof the licence is morecomplicated (CH-Draft: 4pages)

Reminder - important for the decision per CC resp. Open Content

• Extract from the basic-paper on the eLearningStrategy of the University of Zurich:

Legal requirement for the public release is that the lecturers resp. theuniversity is in possession of the copyrights for all contents under theirname. A right of use has to be obtained for copyright protected thirdparty contents, which is extensive. If the right of use fails or legallyprotected details are apparent, the contents must not be madeavailable as Open Content.

http://www.elc.uzh.ch/elgrundlagen/opencontent.html

Questions?

Appendix - Internet Photo galleries

• Picture-database for public domain photos free of charge, or• monthly subscriptions (incl. Option for an amount of photos)• Example:

http://www.pixelio.dehttp://www.aboutpixel.dehttp://www.shutterstock.comhttp://www.imagepoint.biz

Important: Read general terms and conditions