FAIR Enough Sharing resources: ownership and protection issues within and outside institutions

FAIR Enough James Clay Western Colleges Consortium westerncc.ac.uk Project Director – FAIR Enough

FAIR Enough Asset Disclosure Issues and Challenges Ownership and IPR –- who owns what? Protection –- why and how? Sharing –- why and how?

FAIR Enough Copyright - Ownership Who owns the copyright on a: handout created by a member of staff during the working day handout created by a member of staff, in their own time, using a college laptop handout created by a member of staff at home, in their own time, using their own PC website, used by students, hosted by staff on their own paid for website

FAIR Enough Copyright & IPR The underlying objective of Intellectual Property Rights (IPR) is to protect the creators right to be appropriately acknowledged for his or her work.

FAIR Enough Copyright Act 1988 Copyright is effective upon creation of the work. One does not have to register their copyright in their work before it is protected.

FAIR Enough Who Owns What? (1) Who Owns The Copyright Subsisting In The Work? The Default Owner: The person who created the work, unless the work was completed in the course of employment.

FAIR Enough Who Owns What? (2) Who Owns The Copyright Subsisting In The Work? Employment and Ownership: Section 11 (2) of the 1988 Act provides that the copyright of works created during the course of employment will be owned by the employer unless an agreement to the contrary is in place.

FAIR Enough Contractual Obligations …...the copyright in all records and documents made by you in the course of your employment shall belong to the college...for the avoidance of doubt, the copyright in materials produced by you for the purposes of a course run by the college shall belong to the college

FAIR Enough FE and HE There are differences between FE and HE institutions especially in regard to contractual obligations. HE staff often have greater rights over copyright and IPR compared to staff within FE institutions.

FAIR Enough Reality Check There is a perception amongst staff within colleges (especially part-time staff) that they own the resources they create regardless of the law and their contract. Some staff perceive that they are not paid for their preparation.

FAIR Enough Protecting Copyright Reasons why an institution may wish to protect its IPR Support learners Support staff Unauthorised use (commercial) Licence agreements Potential income

FAIR Enough How? Considerations when protecting IPR: Access Flexibility Security Technical Costs No system can ever be 100% secure.

FAIR Enough Benefits of Sharing Sharing of effective practice amongst staff Use of best practice supports learners. Avoids duplication of effort. Specialisation possible. Sharing of resources, systems and procedures Costs of development can be split between curriculum areas (or colleges). Saves time

FAIR Enough What is a Resource? Learning Resources can be: Learning Objects Question Sets Word Files PowerPoint Presentations PDF Files URLs

FAIR Enough Categories of Resources Commercial (eg ECDL Package) Non-commercial (eg NLN Materials) Consortium College (Institution) Faculty (Curriculum Area) Individual

FAIR Enough Attitudes to Sharing Do not want to share Do not know what sharing is Do not know how to share Share ineffectively Would like to share better Happy to share and do so...

FAIR Enough Limitations to Sharing Licence agreements Cultural attitudes Fear of judgements Content classification (meta data) Plagiarism and copyright infringement Competitive fears

FAIR Enough Effective Sharing In order to share resources you need to consider Content classification Portal Delivery Repository Tools Repurposing content Digitisation

FAIR Enough Why Bother? Makes things better for the learner Student-centered Learning Raises standards Widen access More time for staff Part of Corporate Plan

FAIR Enough Questions ?