Copyright e learning summer school 5 september 2013

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

Page 3

Imag

e: A

lan

Cle

aver

ww

w.fl

ickr

.com

/pho

tos/

alan

clea

ver/

4105

7477

56/

http://www.flickr.com/photos/alancleaver/4105747756/


Copyright and Related Rights

Page 4

Data

Copyright Restricted Acts


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


Exceptions

Page 6

• 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 as Property

Page 7

Has an “owner”

May be “bought”, “sold” or “rented”


Who owns the rights?

Page 8

• 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

http://www.google.co.uk/url?sa=i&rct=j&q=university+of+kent+logo&source=images&cd=&cad=rja&docid=DXTqPvkaWRBGQM&tbnid=LLcu2VujHkNGjM:&ved=0CAUQjRw&url=http://www.essex.ac.uk/ldev/events/going_digital.aspx&ei=8MobUd_MBojB0gXou4DABw&bvm=bv.42261806,d.d2k&psig=AFQjCNG-NU-OXF_knWXg2n8qWc7wrGIvMg&ust=1360862307539742


Moral Rights

Page 9

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


Performers’ Rights

Page 10

Arises automatically on recording

Lasts for set duration of 50 years from the date of performance

Provides monopoly rights to owner, with some ‘exceptions’


Database Rights

Page 11

• 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


Summary of the theory

Page 12

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

http://www.guide2.co.nz/files/Copyright_2.jpg


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

Page 13


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

Page 14


Copyright Duration

Page 15

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


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

Page 16


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

Page 17


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].

Page 18

http://web.ebscohost.com/ehost/external?sid=01310f62-91eb-41b7-8eb2-fb2924b6cc2b%40sessionmgr15&vid=2&hid=22

mailto:[email protected]

http://web.ebscohost.com/ehost/external?sid=01310f62-91eb-41b7-8eb2-fb2924b6cc2b@sessionmgr15&vid=2&hid=22

http://web.ebscohost.com/ehost/external?sid=01310f62-91eb-41b7-8eb2-fb2924b6cc2b@sessionmgr15&vid=2&hid=22


Software Licences

Page 19

E.g. Eduserv CHEST ArcGIS agreement (extract):

http://www.eduserv.org.uk/lns/agreements/esri-2011#licenceinformation




Creative Commons

Page 20

http://creativecommons.org

http://creativecommons.org/


Creative Commons

Page 21

• 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

http://en.wikipedia.org/wiki/Main_Page

http://en.wikipedia.org/wiki/Main_Page

http://creativecommons.org/tag/al-jazeera

http://creativecommons.org/tag/al-jazeera

http://www.europeana.eu/

http://www.europeana.eu/

http://en.wikipedia.org/wiki/Open_access

http://en.wikipedia.org/wiki/Open_access


Copyright in some digital contexts:

• PowerPoint presentation

• Open website (institution or organisation)

• Moodle (subject to CLA terms)

• Academic Repository

Page 22


PowerPoint

Risk based decision:

• Used only at teaching event?

• Posted in VLE?

• Recorded on Panopto?

• Posted online?

Page 23


Open Web

Page 24


Moodle

• CLA licence terms

• Fair dealing or educational instruction exceptions may or may not apply (e.g. examinations)

Page 25


Academic repository

• Published articles

• Theses

Page 26


Web 2.0

• Collaborative

• International

• Ubiquitous

• Little understood (from the copyright perspective)

Page 27


Risk Management

• Due diligence

• Notice and takedown

Page 28

Questions

[email protected]
