+ Copyright Alan Rae Copyright Adviser – Colleges Scotland SLIC FE conference Edinburgh 28 November 2013 So many changes So much the same

+ Overview Current FE position re CLA Where others are with CLA Current and proposed changes to the Collecting Agencies Changes in legislation – April 2014 (fingers crossed!) The relevance of copyright licences in the YouTube era The alternatives

+ CLA NHS Scotland told CLA enough was enough – and saved £1million per annum The Cabinet Office told CLA enough was enough – and are saving more than half their previous charges and now just have a single licence Are Scotland’s Colleges going to say the same? RPI HE/FE distinction Risk Licensing websites

+ All change with the Agencies CLA now acting as agent for NLA CLA now acting as agent for Music Publishers Association (in English Schools) ERA proposing a single licence (ERA and ERA+ combined) ERA now offering Open University repertoire NLA no longer offering an educational licence How long before NLA is part of CLA? PRS and PPL are talking to us! What chance a joint, single licence?

+ Changes to legislation (introduced in April 2014?) Designed to provide more flexibility to educational use of works Exceptions apply “to all types of copyright work and all types of modern technology” Exceptions made “relevant to the modern educational environment” Section 32 becomes “fair dealing for the purposes of instruction” Teachers can “make reasonable use of © materials, without infringing ©, as long as use is minimal, non-commercial and fair” – all undefined (quotes taken from Intellectual Property Office publication – August 2013)

+ Changes to legislation (introduced in April 2014?) Section 35 (ERA) and section 36 (CLA) will be amended so that together they apply to all types of copyright work. BUT – only to the extent that licences are unavailable for the activities such as photocopying and recording broadcasts BUT – not all photocopying and recording of broadcasts has to be done under CLA and ERA Contracts can no longer take precedence over educational exceptions

+ The relevance of copyright licensing 1988 Blackboards Taught lessons Text literacy Handouts Photocopier Licences CLA licence – 5% 2013 BYOD, interactive w/boards Blended learning, VLEs Literacy – digital and visual URLs? PCs, tablets, mobile devices OER, Creative Commons CLA licence – 5%

+ The Alternatives YouTube – how serious an alternative to ERA? Creative Commons licences Open Educational Resources Re:Source Jisc Collections ITunes U And all the rest!!

+ Dilemma No 1 FE colleges throughout the UK are risk averse – that’s fine – it’s public money that is being spent. I’m the public and I want my money spent wisely Why then are UK colleges paying out £11,000,000* of our money annually to licensing agencies (CLA, ERA, NLA, PRS, PPL) that don’t want to or can’t show value for money? Wise spending? Wasteful spending? * same amount as HEIs pay CLA annually

+ Q - Why are UK FE colleges so averse to taking radical action against the collecting agencies? A – Because they see the licences as an insurance policy Why then does there appear to be an acceptance of YouTube, which is unlicensed and quite clearly states in its Terms and Conditions, that – 7.9 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against YouTube with respect to any such Content Dilemma No 2

+ Where do we go from here? There has to be a college copyright policy There has to be copyright support for all staff and students in the form of guidelines and CPD There has to be a joint position taken by all education sectors – at the very least there has to be a joint FE position If nothing is done, then colleges, even in their new structure in Scotland, will pay a minimum of £5 million over the next 5 years to the licensing agencies who are in no hurry to reduce prices

+ Radical thought I don’t for a minute think colleges want to infringe copyright I think that colleges have to seek value for money I think that colleges are happy to pay for those third party materials that require payment and provide value for money Why then, don’t we just pay for what we use?