E-Learning Summer School Copyright 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 Forum 4 July 2013Page 2

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 Copyright E-learning Forum 4 July 2013Page 3 Image: Alan Cleaver

Copyright and Related Rights Copyright E-learning Forum 4 July 2013Page 4

Copyright Restricted Acts Copyright E-learning Forum 4 July 2013Page 5 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 Copyright E-learning Forum 4 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 7 Has an “owner” May be “bought”, “sold” or “rented”

Who owns the rights? Copyright E-learning Forum 4 July 2013Page 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 EmployerEmployee

Moral Rights Copyright E-learning Forum 4 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 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 Copyright E-learning Forum 3 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 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

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 Copyright E-learning Forum 3 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 14

Copyright Duration Copyright E-learning Forum 4 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 16

Licences BodyClass of workWhat is allowed CLA (Copyright Licensing Agency) Books, magazinesLimited copying and use on VLE ERA (Educational Recording Agency) UK TV broadcastsRecording 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/PPLMusical works / sound recordings Public performance, audio products, online services Filmbank, MPLCFeature filmsShowing film/TV in non- educational context Copyright E-learning Forum 4 July 2013Page 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 Copyright E-learning Forum 4 July 2013Page 18 fb2924b6cc2b%40sessionmgr15&vid=2&hid=22

Software Licences Copyright E-learning Forum 4 July 2013Page 19 E.g. Eduserv CHEST ArcGIS agreement (extract):

Creative Commons Copyright E-learning Forum 4 July 2013Page 20

Creative Commons Copyright E-learning Forum 4 July 2013Page 21 Wikipedia Al Jazeera Europeana Open Access

Copyright in some digital contexts: PowerPoint presentation Open website (institution or organisation) Moodle (subject to CLA terms) Academic Repository Copyright E-learning Forum 4 July 2013Page 22

PowerPoint Risk based decision: Used only at teaching event? Posted in VLE? Recorded on Panopto? Posted online? Copyright E-learning Forum 4 July 2013Page 23

Open Web Copyright E-learning Forum 4 July 2013Page 24

Moodle CLA licence terms Fair dealing or educational instruction exceptions may or may not apply (e.g. examinations) Copyright E-learning Forum 4 July 2013Page 25

Academic repository Published articles Theses Copyright E-learning Forum 4 July 2013Page 26

Web 2.0 Collaborative International Ubiquitous Little understood (from the copyright perspective) Copyright E-learning Forum 4 July 2013Page 27

Risk Management Due diligence Notice and takedown Copyright E-learning Forum 4 July 2013Page 28

Questions Copyright E-learning Forum 4 July 2013Page 29