1. Copyright

2. Definitions - IPR Definitions - IPR Copyright Rights in Performances
Law of Confidence
Patents
Registered Designs
Design Right
Trade Marks
Passing Off
There’s often confusion about the difference between IPR and copyright. IPR (Intellectual Property Rights) refers to the full range of rights such as trade marks, patents etc. Copyright is just one type of IPR.
IPR includes:
Copyright
Rights in Performances
Law of Confidence
Patents
Registered Designs
Design Right
Trade Marks
Passing Off

3. © Basic facts Copyright is everywhere! Copyright is automatic Duration
Transfer and licensing
Fair dealing
Myth 1! – if there’s no copyright notice material is free
Myth 2! – Internet material is free
Copyright Basics
Present copyright law is covered by the Copyright, Designs and Patents Act 1988, though there have been various amendments since then.
Registering Copyright
Copyright is automatic and applies to almost everything. Once you create a work, you own the copyright. There is no requirement to register a work or add the copyright symbol © to indicate ownership. There is an exception to this. If you create the work in the course of your employment at a college, the college becomes the copyright holder.
The types of creative work protected by copyright include:
Original literary, dramatic, musical and artistic works
Sound recordings, films, broadcasts and cable programmes
The typographical arrangement of published editions
Duration of copyright
The duration of copyright protection varies depending on the type of material.
For Literary, Dramatic, Musical and Artistic works, the duration is the life time of the creator plus a period of 70 years from the end of the year in which the author dies.
For other works such as, sound recordings and broadcasts duration is 50 years after the work was created.
Transfer and licensing – it is possible for the creator of a work to transfer his copyright to someone else. For example a songwriter may transfer the copyright for her songs to a publishing company in return for royalties.
Fair dealing – In copyright law there is a concept of fair dealing which provides the reproduction of copyright material without a license under certain circumstances. For example an individual may make a single copy of material for the purposes of private research or study. This, however, doesn’t cover the use of material for teaching.
Myth 1 – if there is no copyright notice it is copyright free. As mentioned above, copyright is automatic – the creator of a work doesn’t have to explicitly assert their copyright and is under no obligation to display a copyright notice on their work. If there is no copyright notice you must assume that all rights are retained by the copyright holder.
Myth 2 – If it’s published on the Internet I can use it.

4. e-Learning Issues Using other people’s materials
Protecting your own materials
Licences & CLA licence
CLA Scanning licence
Main issues for e-Learning
In creating teaching materials, you may want to use other people’s materials. You will also want to protect any materials that you create. It is essential that before using other materials that you check who owns the copyright and get written permission to use it and to distribute it. Do not ignore copyright.
Licences
You’re probably aware of some of the licences already in place in colleges that allow you to use / reproduce copyright material. There are blanket licences such as the CLA (for copying), ERA (broadcasts), NLA (newspapers) etc.
Other licences which may apply include those that give you access to e-collections, such as, SCRAN, which JISC negotiates on behalf of FE & HE.
All these licences when in place allow you to use and copy material under certain conditions.
CLA (Copyright Licensing Agency) licence
The CLA licence is the one which most people are familiar with in colleges. This blanket licence allows you to photocopy extracts from printed materials within certain limitations.
Click on the ‘CLA licence’ link to show the existing CLA licence and copying limitations.
Traditional blanket licences (CLA, ERA, NLA, PRS) do not cover digitisation. Digitisation is a big issue for publishers – so a trial scanning licence has been introduced.
CLA Scanning licence
The CLA licence and the other blanket licences do not cover digitisation. So, a couple of years ago the CLA produced a trial scanning licence which allowed the digitisation of printed material. The licence extends the cover of the photocopy licence to making and distributing digital copies of printed material – copies only for educational and internal use and not for commercial purposes.
The same conditions / limits apply as the ordinary CLA licence. One of the useful aspects of this licence is that it allows you to digitise images / diagrams from books and use them separately from the text. To scan, however, a copy of the material must be owned by the college, it should be available in the college library – you can’t bring in your own copy of book. Additionally, copies can only be made from books produced by UK publishers and on the CLA list.
Limitations - when scanning material, only bitmap software and not OCR can be used. Conditions of the licence state that the material scanned can’t be edited or manipulated, hence the use of bitmap software.
Digitised material should only be available via a secure server / login – it shouldn’t be made available freely over the internet.
Materials already in digital form, e.g. DVDs, CDs, web pages, cannot be copied under this licence.

5. Web Pages Hyperlinks Copyright Web Pages
So far we’ve been talking about the copying and digitisation of printed material and the use of e-collections, but what about material on the Internet.
Web pages and their components (eg. graphics, photographs) are copyright of the author(s) or publisher, in exactly the same way as any 'literary' or 'artistic' work under UK legislation.
You should check for a copyright notice on the web page / web site and, unless copyright has been explicitly waived, you should get written permission to copy. Even if copyright is waived, there will generally be some conditions.
If you cannot get permission, do not copy. As with scanning the application of 'fair dealing' to Internet sites has not been established and you are advised NOT to 'cut and paste' whole pages or sections of pages without permission.
The law about appropriate use of hyperlinks is not well defined. You should, ideally, contact the author of a web site before creating hyperlinks to it – but generally if you’re linking to the homepage of a web site you probably don’t need to. You are not advised to link to sections of a web site out of their original context, since this may lead to misrepresentation or misuse of the content, which can lead to prosecution. There is increased risk where the homepage contains substantial branding, advertising or sponsorship, which aren’t replicated on the deep linked pages. As a rule of thumb, it is suggested that all links are set to open in a new window.

6. JISC Legal E-Learning and licensing publications
A good source of further information on copyright advice is JISC legal. Their role is provide advice and information to avoid legal issues becoming a barrier to the use of technology in tertiary education. There are a number of useful e-Learning publications and webcasts which can be accessed via the e-Learning Theme on the website.
E-Learning and licensing publications

7. Creative Commons Get Creative Video
The Creative Commons Organisation was established a few years ago in the United States and was an attempt to deal with the issue of material on the Internet. It tries to strike a balance between copyright restrictions and the protection of material. Now there are Creative Commons jurisdictions for most countries in the world.
Basically, Creative Commons works, by the owner of each site creating their own licence stating what you can and can’t do with their material. There are 4 different types of licences, ranging from:
Yes, you’re free to use the material as long as you acknowledge that it’s mine to
No, you can’t use this under any circumstances unless you ask for my permission.
The website includes a video which provides a very good overview of CC and copyright. -
You can also create your own licence and embed it in your website. Click on the licence link on the home page to access the licence generator and you will be accessed some questions and then your licence will be created and you will be given code to embed in your site.
Get Creative Video

8. Google
A new development has made the use of creative commons even more useful in that Google have added a new search feature to their advanced search option, which allows you to search for material by CC licence.
Example
Do search for Glasgow – select ‘free to use or share’ .Choose one of the links on the search page and look for the CC licence. You should be able to see at a glance what you can and can’t do with the material on this web site.

9. flickr
Flickr was launched in 2004 and is a very popular photo sharing site. Putting photos on flickr allows people to share photos with family & friends, get feedback from others, and to store and organise their images
Images can be loaded to flickr using a number of different licence types and the default is All rights reserved which means the photo should not be used without seeking permission from the photographer. You can instead choose to load your image to flickr using a Creative Commons licence which will let other people know how they can use the image.
Licensing.
Although it is possible to search for images on flickr without signing up there are advantages to signing up for one of the two account types:
Free account enables you to mark images as favourites, you can contact other uses about their photos, you can leave comments, add notes, tags, join groups, as well as share an account with colleagues, and importantly choose levels of safety
Pro account ($25 annual subscription) is useful if using flickr to organise your photos and it allows you to get rid of adverts

10. Teacher’s TV
Teachers’ TV is a new digital TV and Internet channel providing a range of programmes and support material for teaching professional.
The site has a library of video clips which can be downloaded under the Creative Archive Licence ( You need to register to download clips but it is possible to watch clips online without registering.

11. Organising e-Resources
Social bookmarking allows you to save and organise your favourite bookmarks and access them from any computer with internet access. It is similar to adding favourites to Internet Explorer but gives you more control about organising your favourites and also allows you to share them with family, friends, colleagues and students.
The following video gives a good overview of a commonly used social bookmarking site, that of delicious –