Copyright, the Internet and teaching online Centre for Learning Technology March 2011 This work is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.Creative Commons Attribution-ShareAlike 2.5 License

Introduction to session Aimed at staff using Moodle An introduction to copyright law and licensing schemes Copyright and the Internet Digitising text Linking to e-journals Images and multimedia Conclusions and any questions

What the session does not cover…. Publishing contracts for LSE staff –For more information contact Academic Publications Unit (Beverly Friedgood) Other intellectual property rights e.g trademarks, patents etc.

Before you upload content think COPYRIGHT! Before you design a course, think COPYRIGHT! ©

What is copying? What copying is permitted for education? Discuss in pairs…..

What does copying mean? Photocopying Scanning / digitising Taking photographs Printing copies Downloading and re-distributing material via or via a network Infringing copyright in an electronic environment is very easy

What copying is not Showing a video / website in class Linking to resources on the web Linking to e-journal resources Redrawing a diagram yourself

Lecturer A wants to upload a chapter from a book he has written to Moodle for use by his class – can he do this? Lecturer B wants to scan a chapter from a book and make it available to students on her course via Moodle… can she do this? Lecturer C has downloaded an article from an e-journal and would like to upload it to Moodle so his class can read it – he has a personal subscription to the journal, but would it matter if the Library had a subscription? Scenarios & discussion

What is copyright? For a work to be subject to copyright it must: –be original –be fixed (important in electronic environment) –the author must be a qualified national (from a country that recognises copyright law) Copyright covers literary works, dramatic works, artistic works, photos, maps, works of architecture, musical works, broadcasts, typography, films, websites, even messages Works do not have to be registered by © but it helps. Copyright does not cover ideas but the way they are expressed

UK Copyright Law Copyright Designs and Patents Act 1988 Full text available: Amended by a number of statutory instruments EU Directive implemented October 2003 to harmonize copyright law: Commercial copying not covered by fair dealing Gowers Review of IPR may lead to changes in UK law…..

Who owns copyright? The primary author usually owns copyright in a work –However, copyright can be bought, sold, leased etc. –Also depends on format of material –The author is not necessarily a person, but might be an organisation

Who owns copyright in a literary work? Usually person who creates work but rights may be transferred to a publisher ?

Who owns copyright in a sound recording? Usually the producer, but copyright will exist in the music score, the song lyrics and the performance of a work ?

Who owns copyright in a film? The producer and the principal director, but copyright also exists in the screenplay & and soundtrack ?

Copyright and Higher Education Works created as part of your employment are owned by your employer Grey area with teaching materials but LSE has no formal statement Research can be owned by funding body and if public money might insist on open access But students own copyright in all their work unless there is a written agreement to transfer rights.

Limitations to copyright Quantity –Copyright protects substantial part of work, therefore using insubstantial part is not infringing –Substantial is not defined in law –Definition could vary depending on format and type of material copied Duration - copyright is not forever!

Duration of copyright quiz Literary / artistic works  70 years  90 year  100 years from death of author If author unknown  70 years  90 year  100 years from when created or published Sound recordings  30 years  50 years  70 years from year made Films  30 years  50 years  70 years from death of the last of the director, screenplay author, composer etc

Duration of copyright quiz Literary / artistic works  70 years  90 year  100 years from death of author If author unknown  70 years  90 year  100 years from when created or published Sound recordings  30 years  50 years  70 years from year made Films  30 years  50 years  70 years from death of the last of the director, screenplay author, composer etc

Duration of copyright Quiz 2 Typography  25 years  50 years  70 years From year of publication Broadcast  30 years  50 years  70 years since broadcast

Duration of copyright Quiz 2 Typography  25 years  50 years  70 years From year of publication Broadcast  30 years  50 years  70 years since broadcast

‘Fair Dealing’ or the Permitted Acts The permitted acts are defences in a court of law they are not rights ‘Fair dealing’ permits copying: –for ‘research and private study’ (must be non-commercial research) –for criticism and review –for reporting of current events Fair dealing is not the same as Fair Use in the US – copying for educational purposes is allowed only by non-mechanical means (i.e. not by a photocopier) Now read more in Moodle courseMoodle course

The Copyright Licensing Agency (CLA) Higher Education Licence Covers multiple copying of most UK and some international publications (excluded list for works not covered) 5% of a work, 1 chapter, 1 journal article Includes copying for paper course packs Digital copying is different though! More information on CLA website

Digitisation of readings Most UK publications are now covered by the CLA Scanning Licence All requests must go to the Library as scanning carried out centrally as records must be kept Not all publishers grant digital rights Cost can be based on length of article and number of students Material is licensed each year and needs to be renewed Further details from

The Educational Recording Agency (ERA) Licence The Licence permits staff to record for educational purposes any radio or television broadcast output of ERA's Members Includes BBC channels,Channel 4, Channel 5, ITV channels Items must be labelled correctly Copying can take place at home or place of work Cable and satellite not covered but free to air can be recorded under the Copyright Act Digital or analogue recording covered More information on ERA website

Multimedia resources CLT have experience of clearing rights for audio and video for inclusion in Moodle Broadcasts can be digitised under the ERA Licence and streamed via Moodle (considered classroom use) Videos and DVDs purchased for home use cannot be copied without permission from the publishers Can be difficult and expensive to clear rights for film unless it has been broadcast Educational videos and small production companies may be more receptive

Copyright and the Internet Information on the internet is subject to copyright like any other information – free to view, not copy! Websites can be copied in accordance with fair dealing unless there is a explicit licence or conditions If websites have licence or terms and conditions – read these Example from The National ArchivesThe National Archives –Crown Copyright –Images cannot be copied without permission –Encourages linking to their website

Crown Copyright websites Crown copyright material subject to a waiver – so can be copied without infringing ‘Unrestricted copying’ of certain categories of material permitted Most material on UK central government websites can be used for educational purposes without permission Some operate a ‘click and use’ licence but no fee For more details see Office of Public Sector Information copyright guidanceOffice of Public Sector Information copyright guidance

Linking to other websites Linking obviously fundamental part of the web but there are good practice guidelines Different types of links: surface links, deep links, frame links Ensure links to external sites open in new windows to avoid ‘passing off’ site as your own Will need to request permission unless terms and conditions specifically allow downloading / multiple copying Example of the Guardian Terms and ConditionsTerms and Conditions

Using Electronic Journals Thousands of titles subscribed to by LSE – first need to identify which e-journals are available Should link rather than download articles Can link to: –Journal titles to allow browsing –Journal articles to provide access to core readings Often need a stable /persistent link or Digital Object Identifier (DOI) Should ensure readings open in new window

Linking to a journal article  Instructions vary depending on database provider e.g. JSTOR make it clear which links are stable  Authentication: e-journals will require LSE username and password to access off-campus. Also need to add Library proxy server  Training available for staff and Moodle editors  More help at:

Using Images: in Moodle, in PowerPoint Images are subject to copyright and belong to the person who created them Photographs belong to person who took photo Photographs of other people (e.g. students) may be subject to Data Protection Act Increasingly organisations are watermarking images to protect their digital rights Many websites have free images Collections of images also available for educational use If in doubt should ask permission first!

The Education Image Gallery Collection of images copyright cleared for teaching and research from Hulton Getty archives 55,000 images including major social and political events of 20 th century Some images selected by academics and organised by themes Available from the Electronic Library or from Requires LSE username / password but can use images in Moodle, in PowerPoint and in handouts – not on the web

Creative Commons Concept of ‘some rights reserved’ Licences which permit material to be used for non-commercial purposes Can licence your own materials for re-use Several different licenses – for commercial / non- commercial, attribution, share alike etc. Can search for creative commons licensed materials for example imagessearch for creative commons Excellent source of images for use in teaching

Linking to a website / downloading Example of linking to / downloading from the British Library website Read BL copyright statement Linking to items on the website would not be infringing (open in new window – ideally not deep links) The site can be “accessed, printed and downloaded in an unaltered form, with copyright acknowledged, on a temporary basis for personal study and non-commercial use.”

Conclusions and general advice Think about copyright issues before you create your teaching materials Be wary of relying on sources that you do not own the rights as you will need permission You can legally use a variety of resources in e- learning, but if in doubt ask CLT for specific advice Do not upload material to Moodle without appropriate copyright clearance If you infringe copyright law LSE is liable

Where to go for more information Online course in Moodle: Websites Patent Office website World Intellectual Property Organization The Copyright Circle