E-Learning Summer SchoolCopyright and E-learning
5 September 2013
Chris Morrison – Copyright and Licensing Compliance Officer
Contents
1. What is copyright, what does it cover and how does it work?
2. Related rights
3. Copyright infringement risk in education
4. Use of copyright material at Kent
5. Licences and permission
6. Creative Commons
7. Copyright in digital contexts
Copyright E-learning Summer School 5 September 2013Page 2
Copyright E-learning Summer School 5 September 2013
What is copyright?
• A type of “Intellectual Property”
covering creative works
Others include:• Design rights• Patents• Performance rights• Database rights• Trade secrets (confidentiality)• Moral rights
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Copyright E-learning Summer School 5 September 2013
Copyright and Related Rights
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Data
Copyright Restricted Acts
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Under the CDPA 1988 the owner of the work has the exclusive right:
a) to copy the work
b) to issue copies of the work to the public
c) to rent or lend the work to the public
d) to perform, show or play the work in public
e) to communicate the work to the public
f) to make an adaptation of the work or do any of the above in relation to an adaptation
Copyright E-learning Summer School 5 September 2013
Exceptions
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• Fair Dealing
• Non-commercial research & private study
• Criticism and review
• Parliamentary and judicial proceedings
• Education
• Non-reprographic copying
• Examinations (includes theses and dissertations)
• Libraries and Archives
• Disability and Accessibility
Copyright E-learning Summer School 5 September 2013
Copyright as Property
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Has an “owner”
May be “bought”, “sold” or “rented”
Copyright E-learning Summer School 5 September 2013
Who owns the rights?
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• Work produced by staff ‘in the course of employment
• Teaching material
• Film and sound recordings created ‘in the course of employment’
• Work not related to role
• Scholarly works
• Performers’ rights in performances
Employer Employee
Copyright E-learning Summer School 5 September 2013
Moral Rights
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Relate to a creator’s personality as expressed in his or her work.
• Attribution - the right to be identified as the author
• Integrity – to object to derogatory treatment of the work
It must be asserted
Duration is the same as that for copyright
Copyright E-learning Summer School 5 September 2013
Performers’ Rights
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Arises automatically on recording
Lasts for set duration of 50 years from the date of performance
Provides monopoly rights to owner, with some ‘exceptions’
Copyright E-learning Summer School 5 September 2013
Database Rights
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• Copyright and Rights in Databases Regulations 1997
• A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means.
• Databases created on or after 1 January 1983
• Requires a ‘substantial investment in obtaining, verifying, or presenting the contents of the database.’
• Restricts unauthorised extraction or re-utilisation of all or a substantial part of the contents of a database.
• Protection lasts for 15 years
Copyright E-learning Summer School 5 September 2013
Summary of the theory
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Copyright – covers all ‘fixed’, original creative works
Restrictions on what you can do without permission
Related rights – moral, performers, database
Some instances where you can do some things
All of which has become really important in a digital context
Data
Copyright E-learning Summer School 5 September 2013
Examples
• Software Typically £20,000 to £50,000 per institution for use of
unlicensed software
• Commercial photograph Gallery £600-£1500 per image
• Uckfield College £23,000 for posting copyright material on website
• College online marketing course Lack of awareness of copyright
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Copyright E-learning Summer School 5 September 2013
So when can you use copyright material?
• If copyright has expired
• If you, or your organisation hold the rights
• If you have permission from the rights holder
• If you are relying on a legal defence
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Copyright E-learning Summer School 5 September 2013
Copyright Duration
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Many different durations but the most relevant are:
• Published literary, artistic, musical or dramatic works – 70 years following death of the author
• Unpublished literary, artistic, musical or dramatic works – either 70 years following death of the author or until 31 December 2039 (whichever is later)
• Crown copyright – usually 50 years after creation or publication
Copyright E-learning Summer School 5 September 2013
Licences
• Blanket licences such as CLA, ERA, PRS for Music and NLA
• Individual resources’ or software’s terms and conditions
• Specific permission acquired from creator/rights holder
• Open Government Licence
• Creative Commons Licences
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Copyright E-learning Summer School 5 September 2013
Licences
Body Class of work What is allowed
CLA (Copyright Licensing Agency)
Books, magazines Limited copying and use on VLE
ERA (Educational Recording Agency)
UK TV broadcasts Recording and storage – BoB
NLA (Newspaper Licensing Agency)
Newspapers, magazines
Press clippings
DACS (Design and Artists Copyright Society)
Artistic images (including photos)
Reproduction of artistic works
PRS for Music/PPL Musical works / sound recordings
Public performance, audio products, online services
Filmbank, MPLC Feature films Showing film/TV in non-educational context
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Copyright E-learning Summer School 5 September 2013
E-resource licences
Harvard Business Review Notice of Use Restrictions, May 2009 Harvard Business Review and Harvard Business Publishing Newsletter content on EBSCOhost is licensed for the private individual use of authorized EBSCOhost users. It is not intended for use as assigned course material in academic institutions nor as corporate learning or training materials in businesses. Academic licensees may not use this content in electronic reserves, electronic course packs, persistent linking from syllabi or by any other means of incorporating the content into course resources. Business licensees may not host this content on learning management systems or use persistent linking or other means to incorporate the content into learning management systems. Harvard Business Publishing will be pleased to grant permission to make this content available through such means. For rates and permission, contact [email protected].
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http://web.ebscohost.com/ehost/external?sid=01310f62-91eb-41b7-8eb2-fb2924b6cc2b%40sessionmgr15&vid=2&hid=22
Copyright E-learning Summer School 5 September 2013
Software Licences
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E.g. Eduserv CHEST ArcGIS agreement (extract):
http://www.eduserv.org.uk/lns/agreements/esri-2011#licenceinformation
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Creative Commons
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http://creativecommons.org
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Creative Commons
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• Wikipedia http://en.wikipedia.org/wiki/Main_Page
• Al Jazeera http://creativecommons.org/tag/al-jazeera
• Europeana http://www.europeana.eu/
• Open Access http://en.wikipedia.org/wiki/Open_access
Copyright E-learning Summer School 5 September 2013
Copyright in some digital contexts:
• PowerPoint presentation
• Open website (institution or organisation)
• Moodle (subject to CLA terms)
• Academic Repository
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Copyright E-learning Summer School 5 September 2013
PowerPoint
Risk based decision:
• Used only at teaching event?
• Posted in VLE?
• Recorded on Panopto?
• Posted online?
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Copyright E-learning Summer School 5 September 2013
Open Web
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Copyright E-learning Summer School 5 September 2013
Moodle
• CLA licence terms
• Fair dealing or educational instruction exceptions may or may not apply (e.g. examinations)
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Copyright E-learning Summer School 5 September 2013
Academic repository
• Published articles
• Theses
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Copyright E-learning Summer School 5 September 2013
Web 2.0
• Collaborative
• International
• Ubiquitous
• Little understood (from the copyright perspective)
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Copyright E-learning Summer School 5 September 2013
Risk Management
• Due diligence
• Notice and takedown
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