1. Licensing Practice Allowing teachers to use copyright material in their own learning resources

2. Jim Henderson External Content Manager Glow The Scottish National Digital Network for Schools T: + 44 (0)141 282 5099, M: + 44 (0)7917 461645 E: J.Henderson@LTScotland.org.ukJ.Henderson@LTScotland.org.uk Learning and Teaching Scotland The Optima, 58 Robertson Street, Glasgow G2 8DU www.LTScotland.org.uk Find out more about Glow - www.glowscotland.org.ukwww.glowscotland.org.uk

3. The need for Action Early repository for teachers sharing materials All materials were quality checked 75% of all material rejected because of actual or potential IPR infringement Evidence of widespread belief that “education” exempt from Copyright restrictions

4. Rights of the Copyright holder (Restricted Acts) There are 6 specific economic rights To copy To distribute To rent or lend To perform or exhibit To transmit or broadcast To adapt – e.g. to make changes such as cutting out paragraphs or changing their order. The moral rights include The right of the owner to be identified. The right not to have work falsely attributed to him/her. The right to object to any usage that the owner considers damages his reputation or the integrity of his work.

5. Copyright Infringement in UK law copyright infringement’ is when someone carries out one the 9 ‘restricted acts’ without the authorisation of the owner. E.g. taking a copy or adapting work without permission. It is not limited by the amount of the work that is used or whether the ‘infringer’ was aware that the work was copyright or not. If an employee infringes copyright at work then it is usually the employer that is held responsible as they can be deemed to have given permission for the action to take place. Infringement is generally a civil offence and the penalty is damages awarded and destruction of any infringing copies. An injunction may be placed on the infringer to stop them from continuing. The copyright owner can also take legal action against someone that is dealing with infringing copies, for example someone who is distributing work that has been copied without permission. This is known as ‘secondary infringement’. Where secondary infringement takes place this can be a criminal offence punishable by a prison sentence. Where an act constitutes a criminal offence, action can be taken by trading standards or other enforcement agencies as well as the copyright owner.

6. Including Copyrighted material in educational resources No distinction in law between educational purpose and any other. A teacher or pupil cannot carry out any of the “restricted acts” without – the appropriate permissions or – the appropriate license The amount is irrelevant it is the act that counts Ignorance of the law is not an defence

7. How Do We Change Behaviour? With extreme difficulty! The question should really be... How Do We Make Existing Behaviour Permissible to Unleash the Learning Benefits? Transfer the effort from the practitioner to the administrator

8. The Glowing Approach 1 1.Purchase access to collections of digital assets for teachers to use in the creation of their learning resources with licences that permit reuse – Images MovingBritish Pathé Archive StillLTS Images for Schools TechnicalSSERC – Sound MusicAudio Network – Reference JISC Collections Grove Art Online Grove Music Online Oxford Reference Online Oxford Language Dictionaries Keesings World News Archive The Science Resource Centre

9. Audio Network RBC National Licence The licence allows teachers and students to download any of the music files free of charge with only two conditions – users must be on a machine connected to the local RBC to get free downloads – the downloaded files must not be used for any commercial purposes Additional licence for public performance is available easily and at greatly reduced cost

10. JISC COLLECTIONS Licence Conditions Authorised users (pupils and staff) may: View Make temporary local cache, display and download parts Access electronically by secure authentication (in the school or at home) Take extracts ‘cut and paste’ - provided the source is acknowledged Incorporate extracts in learning materials and share those learning materials with other Authorised Users Print copies Authorised users (pupils and staff) may not: Exploit the resource in any way for commercial gain Take extracts without making acknowledgements Modify Make any part available on the open web Make the resource available to anyone who is not an Authorised User

11. The Glowing Approach 2 1.Encourage the use of the Creative Commons licence 2.Work directly with regulatory authorities to develop new licences for schools – Copyright Licensing Agency(CLA) – Education Recording Agency (ERA) – Newspaper licensing Agency (NLA) 3.Publish Guidance on permissible activities 4.Ensure all Glow staff are familiar with the Guidance and pass the message on at each contact with schools 5.Organise expert seminars for key personnel in local authorities 6.Ensure that Public Bodies are aware of the need to retain IPR on outsourced work.

12. Copyright Licensing Agency All schools currently covered by the CLA Photocopy Licence – But does not permit creation, storage or use of digital versions Carried out research into the potential demand for a new licence – Very high awareness among teachers of the CLA – 86% of teachers who responded took account of the CLA licence when photocopying – 76% saw the development of a new scanning licence as being important in the future

13. Activities used in the creation of learning materials by teachers Never Rarely Sometimes 0ften Nil response

14. Activities used in the creation of learning materials by teachers Never Rarely Sometimes 0ften Nil response 5.1.3 Adapt extracts for pedagogical purposes Never Rarely Sometimes 0ften Nil response 5.1.4 Adapt extracts for presentation

15. Activities used in the creation of learning materials by teachers Never Rarely Sometimes 0ften Nil response

16. Why teachers use certain sources in the creation of learning materials books Good quality Curriculum CLA Copyable Free Nil response ready licenced Good quality Curriculum CLA Copyable Free Nil response ready licenced

17. Sources used in the creation of learning materials by teachers Journals 5.4.2 Current value of journals for source material Good quality Curriculum CLA Copyable Free Nil response ready licenced Good quality Curriculum CLA Copyable Free Nil response ready licenced

18. Sources used in the creation of learning materials by teachers Magazines Good quality Curriculum CLA Copyable Free Nil response ready licenced 5.4.1 value of magazines for source material 5.5.3 future use magazines Good quality Curriculum CLA Copyable Free Nil response ready licenced

19. Sources used in the creation of learning materials by teachers Local authority materials Good quality Curriculum CLA Copyable Free Nil response ready licenced 5.4.4 current value of LA materials for source material 5.4.4 future use LA materials Good quality Curriculum CLA Copyable Free Nil response ready licenced

20. Sources used in the creation of learning materials by teachers Why govt materials are valued as a preferred source for copyrighted content 5.4.5 current value of Govt materials for source material Good quality Curriculum ready CLA licensed Copyable Free Nil response Good quality Curriculum ready CLA licenced Copyable Free Nil response

21. Sources used in the creation of learning materials by teachers Materials from the Internet 5.4.5 Current value of the Internet for source material Good quality Curriculum ready CLA licensed Copyable Free Nil response

22. Level 1 Level 2 Level 3 Schools LAs Glow Schools can scan or retype in order to create learning resources. They must record what is scanned or re-typed. Copyrighted items must be acknowledged. Teachers can store and circulate these resources with in the school. Teachers can pass the resources to other schools via email. LTS Resources moved up to Council level View within council intranet View within national intranet Move recorded Resources moved up to national level Move recorded Resources downloaded From Glow Resources downloaded From Council Downloads recorded Operation of the Glow/CLA Pilot licence

23. Educational Recording Agency ERA licence – Already held by all local authorities – Analogue only – Distribution by physical means only ERA + licence – Digital recording and storage – Distribution by digital means

24. Newspaper Licensing Agency Clear intention to seek a licence which permit digital copying, storage and re-use but work not yet begun

25. Licensing existing teacher behaviour to encourage the sharing of resources Summary 1.Don’t expect to be able to change teacher behaviour 2.When purchasing or licensing resources for education ensure that the licence conditions permit copying and re-use as well as permitting the in- perpetuity rights over derivative resources 3.Encourage the development of good practice 4.Educate the educators 5.Raise the profile of IPR 1.make teachers aware of their own IPR 2.Make CEOs aware of their personal and organisation risks if the issue is neglected