1. June 2013 Copyright, Content Creation and Creative Commons Ian Watson © 2013 Institute for Research and Innovation in Social Services. This work is licensed under the Creative Commons Attribution-Non-Commercial 2.5 UK: Scotland License. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc/2.5/scotlandhttp://creativecommons.org/licenses/by-nc/2.5/scotland

2. Copyright  What do you think it is?  What do think it isn’t?  What kinds of material does it cover?  What do you think ‘Public Domain’ means? SMALL GROUPS - FIVE MINUTES

3. What is Copyright? What does it protect? What’s its purpose? A property right, giving the holder the right to control: Reproduction Creation of derivative works Distribution of copies Public performances Public display Literary, dramatic, musical or artistic works Sound recordings, films and broadcasts Typographical arrangement of published editions But only the expression of an idea, not the idea itself. To encourage creativity by rewarding creators for allowing society to benefit from their creations.

4. November 2008 Copyright – basic features  All work belongs to someone –Creator, artist, composer, writer, author or their employer  Copyright is created automatically  Copyright owners have the right to control most uses of their work

5. Copyright – a tiny bit of history The Copyright Act 1710 (The Statute of Anne).  Recognised authors as owners and provided a protection period of 28 years.  World Intellectual Property Organisation –created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world.”  Copyright now: life + 70 years

6. The copyright bargain  The skill, creative effort, time and money invested in producing material may be wasted if others use or exploit that material without paying the creator.  Copyright gives the author … rights to control the use or commercial exploitation of the work that he or she has created.  This includes rights to authorise or prohibit the copying, issuing of copies, renting or lending, performing, showing, playing, broadcasting or adaptation of the copyright material. http://www.out-law.com/page-5633

7. Problems  Explicit, written permission (a licence) required from the copyright holder if you want to copy, distribute or perform a work  Do you know who holds the copyright?  Does the copyright holder know he/she/it holds copyright?  Who within in a corporate body is authorised to licence the use of works?  Many publications carry no information about permission to copy but depend on widespread circulation to make an impact.  Requesting and issuing licences is time consuming and expensive - lawyers fees!

8. Legal uncertainty Copyright compliance is a therefore a process: Identify and understand risk Minimise risk Exceptions Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’ These are narrowly defined Not possible to issue rules that will apply in all circumstances

9. Fair Dealing and Fair Use Fair Use – is a doctrine United States law, not in UK law Fair Dealing – UK law. No clear definition Non commercial research Private study News reporting Criticism or review Berne Convention (1886). Three step test Copyright exceptions shall: Be confined to special cases Not conflict with normal exploitation of the work Not unreasonably prejudice the interests of the rights holder

10. A furniture company used a picture of Einstein in an advertising campaign. The Hebrew University in Jerusalem is the heir and owner of all rights pertaining to Albert Einstein's estate, including the rights to use his image. The University was awarded £44,000 as compensation for a breach of its intellectual property rights. http://www.timeshighereducation.co.uk/405071.article RISK MANAGEMENT If you use content without permission you could be sued. Is your use likely to damage the owner’s commercial interests? Is the owner likely to be ‘pleased or indifferent’ ?

11. RISK – manage it  Might the rights holder be ‘pleased or indifferent’? Risk = A x B x C x D A - the probability that you are infringing copyright B - likelihood the the copyright owner finds out C - the likelihood that they will care enough to take any action D - the compensation they are likely to seek

12. RISK – Examples Let’s apply Risk = A x B x C x D to various cases A - the probability that you are infringing copyright B - likelihood the the copyright owner finds out C - the likelihood that they will care enough to take any action D - the compensation they are likely to seek Clips from popular TV series – to enliven your Powerpoint -Is classroom use different from putting slides online? Clip from recent blockbuster? Recording of hit song from the radio

13. Exercise NSLWG 26 November 2007 I used my Athens login to find a journal article on SSKS. Can I put this article in my VLE? NO! The article has a great diagram. Can I copy it into my training manual without permission? NO! Yes but... I’m preparing a PowerPoint presentation and I would like to include a photo of the Forth Bridge that I found on the internet. Is that OK? I think a few bars of Tina Turner singing ‘Simply the best’ would be a perfect way to 1. end a staff development training day and 2. a video I’m creating. Do I need someone’s permission or a licence? 1.Yes 2.Yes I would like to include an article and photo from a newspaper. Do I need to ask? Yes Can I reproduce some of the text from above article in a learning object? Maybe

14. Discussion  Copyright in Tweets?  Copyright in Storify (aggregating Tweets) NSLWG 26 November 2007 Message: contract law is often more relevant than copyright law you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content and Third Party Content that you make available through the Storify Service or you have all rights, licenses, consents and releases that are necessary to grant to Storify the rights in such Member Content and Third Party Content, as contemplated under these Terms of Service; ……… http://storify.com/tos

15. Sound recordings  Background incidental music?  Soundtracks?  Example: Sight and Sound project http://sightandsoundproject.wordpress.com/ http://sightandsoundproject.wordpress.com/  Use embedded links to Youtube etc  attribution NSLWG 26 November 2007

16. Licencing Agencies Copyright Licensing Agency http://www.cla.co.uk/ Newspaper Licensing Agency http://www.nla.co.uk/ PRS for Music http://www.prsformusic.com/ Educational Recording Agency http://www.era.org.uk/ Design Artists Copyright Society http://www.dacs.org.uk/ The biggest threat to an artist is obscurity, not piracy Cory Doctorow

17. Alternative licencing schemes What are they? Common Ones Are: Copyleft is a form of licensing and can be used to maintain copyright conditions for works such as computer software, documents and art. Described as at the forefront of the copyleft movement, seeking to support building a richer public domain by providing an alternative to the automatic "all rights reserved" copyright, dubbed "some rights reserved.“ 1 Creative Commons 1 Broussard, Sharee L. (September 2007). "The copyleft movement: creative commons licensing". Communication Research Trends.

18. Creative Commons  A worldwide system of off-the-shelf licences that you can attach to your work  CC Licence specifies what you are willing to allow others to do with your work without asking you.  CC free to use  You retain copyright (ownership) of your work

19. Benefits  Creative Commons frees rights holders and licensees from troublesome bi-lateral licence negotiations.  You won't get troublesome phone calls, letters or 16-page licence agreements requesting use of your work  You won't have to spend time contacting copyright holders  You won't have to speak to a lawyer every time you want to copy something  You can be sure you stay legal

20. The Six Scottish Licences  Attribution (by) –copy, distribute, display, perform the work and make derivative works –must give the original author credit.  Attribution-Noncommercial (by-nc) –As above but non commercial uses allowed  Attribution-Noncommercial-No Derivative Works (by-nc-nd) –As above but no commercial uses or derivative works allowed  Attribution-Noncommercial-Share Alike (by-nc-sa) –If you alter, transform, or build upon the work, the resulting work may be distributed only under a licence identical to this one.  Attribution-No Derivative Works (by-nd) –As Attribution but no derivatives allowed  Attribution-Share Alike (by-sa) –As Attribution but derivatives may be distributed only under a licence identical to this one. http://creativecommons.org/international/scotland/

21. NSLWG 26 November 2007 Sample Scottish Deed http://creativecommons.org/licenses/by-nc-sa/2.5/scotland

22. Applying a Creative Commons Licence to your work Go to http://creativecommons.org/license/http://creativecommons.org/license

23. Useful links General information about Creative Commons: http://creativecommons.org Summary of the six Scottish licences: http://creativecommons.org/international/scotland/ Sample CC licence deed http://creativecommons.org/licenses/by-nc-sa/2.5/scotland/ Choose a licence: http://creativecommons.org/license/ Examples of how each licence works: http://creativecommons.org/about/licenses Case studies: http://wiki.creativecommons.org/License_Examples Advanced – how to embed creative commons licences in metadata: http://wiki.creativecommons.org/UsingMarkup Video http://support.creativecommons.org/videos#wwt

24. Vimeo and royalty free music NSLWG 26 November 2007 https://vimeo.com/musicstore Attribution example https://vimeo.com/album/2387391/video/65047594

25. Flickr and still images NSLWG 26 November 2007 Find Creative Commons licenced image s http://www.flickr.com/search/advanced Attribution example http://creativecommons.org.au/learn-more/fact- sheets/attribution Model releases. Subject has agreed the use of the their image http://www.flickr.com/photos/openlx/sets/ Unsplash 10 new photos every 10 days http://unsplash.com/

26. Audio NSLWG 26 November 2007 Share your sounds and find others on Soundcloud http://soundcloud.com/ http://soundcloud.com/ Audioboo http://audioboo.fmhttp://audioboo.fm Sharing and finding audio clips Except for content which you upload to the Site, all of the music, photos and material on this Site (the "Content") is owned and controlled by us or others, including members of the public. Please respect their interests and rights by not copying or sharing the Content except as permitted on the Site. By Posting, you are authorising and granting to us and (if applicable) the relevant commercial partner(s) an irrevocable, worldwide, perpetual, royalty-free, and non- exclusive licence to exploit the User Content, in particular by displaying and making it available to the public. You will retain ownership of your User Content at all times, except that in certain circumstances where you have uploaded your User Content to the site of one of our commercial partners, that commercial partner will acquire ownership http://audioboo.fm/terms

27. NSLWG 26 November 2007 Audio PRS for Music (licence to use copyright music) http://www.prsformusic.com/Pages/Rights.aspx http://www.prsformusic.com/users/broadcastandonline/onlinemobile/Pages/default.aspx http://www.prsformusic.com/users/broadcastandonline/onlinemobile/Pages/Perfor mingRightOnlinelicence.aspx

28. Exercise NSLWG 26 November 2007 You are a training manager. You are preparing a training course on singing and dementia You have found a report online and would like photocopy several pages to distribute to the participants http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.p dfhttp://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.p df Discuss the legal position and the risks you might be taking

29. Exercise NSLWG 26 November 2007 You are a training manager. You are preparing a training course on singing and dementia You have found a report online and would like photocopy several pages to distribute to the participants http://www.canterbury.ac.uk/Research/Centres/SDH R/Documents/SingingandpeoplewithDementia.pdfhttp://www.canterbury.ac.uk/Research/Centres/SDH R/Documents/SingingandpeoplewithDementia.pdf Discuss the legal position and the risks you might be taking

30. Exercise 2 NSLWG 26 November 2007 You are making a multimedia learning object about digital participation There is a clip on Youtube that would be perfect http://www.youtube.com/watch?v=-7kZj9E3zMI Consider these questions The learning object might be used offline so you would like to download the video and add it to the object, and you have found a tool (iLivid) that will do this – is that OK? Can you use the embed code? See http://support.google.com/youtube/bin/answer.py?hl=en&answer=56100 http://support.google.com/youtube/bin/answer.py?hl=en&answer=56100 Creative Vimeo Dementia UK’s videos https://vimeo.com/38085132https://vimeo.com/38085132 Download offered. Is it permissible to download and include in a learning object?

31. Exercise 3 NSLWG 26 November 2007 IRISS has helped an academic put a research report online It contains audio and video material created by young people who participated in the research http://sightandsoundproject.wordpress.com/ What are the copyright issues? Music with a message One way track Music created by the participants Creative

32. Exercise 4 NSLWG 26 November 2007 Still Images. IRISS collection http://www.flickr.com/photos/openlxhttp://www.flickr.com/photos/openlx Is it wise to use Creative Commons on all our images? Creative No People: could infringe data protection law Model Releases. IRISS collection http://www.flickr.com/photos/openlx/sets/72157621038991784/http://www.flickr.com/photos/openlx/sets/72157621038991784/

33. Exercise 5 NSLWG 26 November 2007 You have an open plan workspace and you’d like to play music from the radio Is it that OK? Creative No You you need a PRS licence http://www.prsformusic.com/users/businessesandliveevents/musicforbusinesses/P ages/default.aspx

34. References NSLWG 26 November 2007 Creative https://delicious.com/irissorg/copyright

35. NSLWG 26 November 2007 Sources of free to use content http://commons.wikimedia.org/ http://www.publicdomainpictures.com/ http://www.public-domain-photos.com/ http://www.imageafter.com/