Web 2.0 and IP Training Module Name of presenter: 19/05/20151www.web2rights.org.uk

Aims and objectives Become familiar with the broad copyright and other related IP issues that might affect your project Engage with possible solutions and develop strategies to deal with the issues that may arise Encounter the resources available through the JISC funded Web2Rights project to support Web2.0 and IP engagement Use the interactive tools developed by the Web2Rights project to help your project Raise issues and questions that you may have surrounding IP issues and copyright in particular Network and share issues with other staff who may be encountering similar issues

Programme for the day 10: :40 Welcome and Introductions 10: :50 Aims and objectives of Workshop 10: :30 Mapping the legal landscape 11: :50 Demo of Web2Rights tools & content 11: :00 Tea/coffee break 12: :30 IP Surgery: Questions and Answers 12:30 – 12:50 Discussion 12: :00 Summing up/Next steps 13: :00 Lunch

About Web2Rights Project Our remit: to develop IPR related resources and guidance to support JISC funded projects and programme managers in the users and innovations programme in their engagement with Web2.0 Our aim: To make the information relevant to you and to your project, by making it practical, pragmatic and timely Our team: Naomi Korn, Dr Charlotte Waelde, Professor Charles Oppenheim, Dr Neil Witt, Rob Stillwell, Emanuella Giavarra, Derek Stephens

Mapping the Legal Landscape 19/05/20155www.web2rights.org.uk

Some key facts Your projects will be: –Developing new content and technology –Deploying/ adapting pre-existing content and technology Intellectual Property Rights (IPR) key to your project IPR protect creations of the mind IPR behave just like property Digital IPR is no different from print: just easier to infringe IPR = respect, inspiring innovation & exploring opportunities

Layers of rights

Role of licences I….

Role of licences II…. Licences are the mechanisms to facilitate transactions This means: – The rights third parties grant you (rights in) – The rights you grant to third parties (rights out) Many different types of licences Licences are a form of contract Contract law over-rides copyright law!

What does this mean for you.. Potentially many layers of rights Permissions need to be sought and rights cleared You are subject to JISC’s t&c’s: – You own the rights in your project deliverables – You ensure that all rights are cleared – Content delivered under Open Access principles – Software delivered under Open Source principles You will be subject to Consortium Agreements You will be: Developers of content and technology = Owners of your own IP Deploying/ adapting others content & technology = Users of third party IP If you get your rights sorted, possibilities of future sustainability opportunities can be explored!

What do we know? Multiple layers of rights Multiple rights holders Lack of clarity about ownership in collaborations Many rights holders unknown or cannot be traced Users of your project deliverables may also be rights holders of stuff they are contributing Cultural perceptions of users Copyright not the only rights issues IPR not the only legal issues Compatibility between rights in and rights out

What can go wrong? Infringement of copyright: –Debatable originality in pure data – but other works will be protected –Communicating works to the public –Removal of rights management info and TPMs? –Permitting more rights than you have permission to grant –Not clearing third party content (images; user generated content etc) –Liability of Internet Service Providers Breach of contract: –With JISC (and other funding parties) –With each other (Consortium Agreements) –With non staff (students; freelancers etc) –With employers –With third parties with whom you have established relationships (CLA Licence etc) Sustainability –Not tying up rights so that enabled to use them in the future –Not protecting rights sufficiently (i.e. Database Rights that might arise) –Lack of strategy to explore commercial opportunities Legal and non legal ramifications

Getting started……. Answers to the questions below will form the basis from which you could go to map copyright on to your activities. The Technology Am I developing a new technology? Am I developing an existing technology? Am I deploying an existing technology? The Content Which team members are involved in developing content (and technologies) Am I using content generated by a third party not a member of the team? Access: Technology and Content How do I want my technology and content to be made available to users (over the short and longer term)?

What do I do now? The Web2Rights project has developed –Resources –Case Studies –FAQs But where to start? 19/05/2015www.web2rights.org.uk14

Resources 1 Basic information about the IP and Web2.0 landscape IP and Web2.0 Factsheet Other Legal Issues Factsheet Contracts and Copyright Licence Terminology Toolkit Exceptions and Web2.0 19/05/2015www.web2rights.org.uk15

Resources 2 Practical IP tools for projects engaging with Web2.0 Planning ahead: Copyright Strategy Copyright Checklist Getting Permissions Making Informed Decisions: Risk Management Licences that You Might Use to Provide Access Licences You May Encounter from Third Parties Top Tips for Issuing Licences to Third Parties Top Tips for Requesting Licences from Third Parties Top Tips for Using Licences Supplied by Third Parties 19/05/2015www.web2rights.org.uk16

Resources 3 Template licences and model releases Model Terms and Conditions of Service which can be used by a Project Model licence for requesting permission from third parties Model contractual clauses for requesting permission from students Model contractual clauses for requesting permission from staff Model contractual clauses for requesting permission from freelancers Example consortium agreement Template permission Sample letter for requesting permission from third parties User to User model licence 19/05/2015www.web2rights.org.uk17

And there’s more..... FAQs Use Cases Links to third party resources How to navigate through the IP toolkit? 19/05/2015www.web2rights.org.uk18

The Decision making map Originally an internal tool Available as an A2 wall chart Links to all resources One route through the resources 19/05/2015www.web2rights.org.uk19

Diagnostic tool Web based tool, based on the decision map LINK TO GO HERE FOR LIVE DEMO 19/05/2015www.web2rights.org.uk20

Copyright Graphics LINK TO GO HERE FOR LIVE DEMO 19/05/2015www.web2rights.org.uk21

Proportionate risk management Be proportionate and pragmatic Reasonable searches Strategies should reflect/ be reflected by institutional policies Culture of copyright Make it easy for people to say yes Educate your users Employ good mitigating strategies: How quickly can the situation be remedied? Don’t don’t do anything Get claim substantiated Apologise Rapid take down procedure Crediting/payment of royalties Other types of trade Understand nature of rights holders Insurance?

Tea/Coffee Break 19/05/201523www.web2rights.org.uk

IP Surgery: Questions & Answers 19/05/201524www.web2rights.org.uk

Discussion 19/05/201525www.web2rights.org.uk

Next Steps/Summing Up 19/05/201526www.web2rights.org.uk

Find out more… Join Web2Rights on Facebook

Lunch 19/05/201528www.web2rights.org.uk