Jisc Legal Copyright in Learning Environment
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JISC Legal discusses copyright in the context of UK colleges and universities.
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Jisc Legal Copyright in Learning Environment
- 1. Copyright in the Learning Environment
- 2. John X Kelly www.jisclegal.ac.uk
Notes de l'éditeur
- This session will clarify how copyright law applies in the education context. It will outline how learning objects and learning materials can be lawfully used and re-used and will include guidance on using licenses to ensure the quality and sustainability of learning resources. Information: Without a clear understanding of how copyright law operates those that are involved in generating and delivering teaching resources will be unable to take full advantage of the opportunities that e-learning environments provide. Learners expect resource rich environments that are current and relevant to their education. Innovation in learning requires expertise in pedagogy and also an appreciation of the limits that intellectual property law places on the use and re-use of learning content particularly when working in collaboration with others. This event is being delivered by our sister organisation JISC Legal.
- Today We will go over some of the key areas of copyright law and how it effects teaching and learning particularly in the online word – elearning – is this a term that’s used now at all? Particularly using and re-using content that belongs to someone else. If you have questions or comments or contributions then please do jump in If you are the sort of person who doesn’t like to ask questions out loud then please just pass me a note If you prefer to ask me off line at any time during the day please do.
- 1. The Copyright Designs and Patents Act became law in what year? - 1988 1998 1968 2. “I missed a few lectures - is it OK to photocopy a friend's notes to help me catch up?” - Yes or No? 3. If I author some work and I want to obtain copyright what do I do? a. Complete the appropriate form with all of my details and submit it to the Intellectual Property Office? b. by not doing anything c. By paying the appropriate fee to the Copyright Licensing Authority? - A, B or C? 4. How long does copyright last in written works? a. The life of the author plus 25 years b. The life of the author plus 70 years or c. The life of the author plus 50 years – A, B, or C? 5. When an employee creates a work in the course of their employment - a. Copyright is first owned by the employer b. Copyright is first owned by both the employee and the employer c. Copyright is first owned by the employee– A, B, or C?
- 20 minutes
- Whether the copying of the part constitutes an infringement depends on the qualitative importance of the part that has been copied, assessed in relation to the copyright work as a whole.
- Learners will be authors one day soon if not already so will want the protection of copyright law to make a living …
- Learners will be authors one day soon if not already so will want the protection of copyright law to make a living …
- (Staff) I'm a tutor and my class can't get enough copies of their textbook from the library - can I photocopy 15 sets of chapter 2 from a title and distribute them? The local newspaper has a major feature on our college - could I photocopy it and send it to each member of the governing body? I want my class to study video techniques used by film producers - how long a clip can I copy off a commercial DVD, and then put it on the VLE for them to study? (Student) I missed a few lectures - is it OK to photocopy a friend's notes to help me catch up? I need an enlarged copy of an Ordnance Survey map - is that OK? I want to copy that famous photo of Marilyn Monroe, and adapt it to use in my art project - can I get away with that? I need to study some drumming techniques used by rock bands - can I download tracks for my own use from the internet for study purposes?
- Exclusive licence An exclusive licence could be granted, but remember that this enables the licensee to use the copyright work to the exclusion of all others, including the copyright owner. Any licence agreed can relate to one or more of the economic rights and can also be limited in time or any other way. It is a contractual agreement between the copyright owner and user. Limited use licence Often a copyright owner will only give permission for some uses of a work, for example, publication of a photograph in a particular newspaper, and if you want to use the work in any other way, for example, by publishing the photograph in a magazine, you will need to seek further permission. Creative commons licence Some people prefer to allow limited access to their work without charge. One way to do this is by using a Creative Commons Licence External Link. Collecting Societies In some situations, copyright owners find it difficult to license use of their works by themselves and so they have formed organisations, called collecting societies or collective licensing bodies. These act collectively on their behalf to give permissions, grant licences and collect royalties. Further information on collecting societies is available.
- Learners will be authors one day soon if not already so will want the protection of copyright law to make a living …
- Learners will be authors one day soon if not already so will want the protection of copyright law to make a living …
- (Staff) I'm a tutor and my class can't get enough copies of their textbook from the library - can I photocopy 15 sets of chapter 2 from a title and distribute them? The local newspaper has a major feature on our college - could I photocopy it and send it to each member of the governing body? I want my class to study video techniques used by film producers - how long a clip can I copy off a commercial DVD, and then put it on the VLE for them to study? (Student) I missed a few lectures - is it OK to photocopy a friend's notes to help me catch up? I need an enlarged copy of an Ordnance Survey map - is that OK? I want to copy that famous photo of Marilyn Monroe, and adapt it to use in my art project - can I get away with that? I need to study some drumming techniques used by rock bands - can I download tracks for my own use from the internet for study purposes?
- User Generated content All the world sees it Handing over control to someone else external
- There is no strict definition of what this means but it has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use. Where the economic impact is not significant, the use may count as fair dealing. Not to be confused with Fair Use in the USA which allows broader
- One-for-one exception The one-for-one exception applies to a visually impaired person when: They cannot read a book, magazine, newspaper or other text based copyright material that they loaned or bought They cannot read the material in a reference library. __________ One-for-one exception for visually impaired people The following will help you decide if what you want to do falls within the scope of the ‘one-for-one’ exception: You are entitled to make an accessible copy , or have someone else make one for you if: you are visually impaired (in a way that cannot be corrected by use of lenses) you lawfully have, or have the right to use, a ‘master copy’ which is inaccessible because of your visual impairment (for example, you own it or have borrowed it from a library, school or friend) a copy that would be reasonably accessible to you is not commercially available (which might mean that you will have to ask the publisher or library if there is a large print version for example which you could manage to read comfortably, and with the same degree of flexibility available to readers who are not visually impaired). You are not allowed to make an accessible copy if: you make changes not needed to overcome your visual impairment it involves recording a performance of a musical work (but you can still make an enlarged photocopy of sheet music for example) it involves copying a database. When making an accessible copy you must always: put a statement on the copy that it is made under section 31A of the Copyright, Designs and Patents Act 1988 acknowledge the title and author on the accessible copy. Please note that no-one can make a profit out of helping you make an accessible copy, but anyone can help you and you can pay them enough to cover the costs of what they do for you. If you make an accessible copy, it must remain with the original, so you are not permitted to borrow a book, make an accessible copy for yourself and then return the book to its owner
- Copyright questions/issues for JISC Legal events 27 April 2010 I am interested in the licensing of learning materials to other colleges, especially as once purchased they can be put on a server and used worldwide as online materials which we presently do not allow. At the moment I specify a campus or group of buildings in the same town but many colleges have taken over other colleges in a region. Do standard contracts exist we can use or do we need to have something drawn up? What steps can be taken if we find a college using materials outside of a licensed campus/area. I would be really interested to hear about the legality of using peoples images on the web (be they the subject or in the background of the image). There are 2 main aspects we are interested in: The possible impact of the new Digital Economy Act on education e.g. VLEs/ resource sharing etc The safeguarding/acceptable use and protection of personal data dynamic when using social networking sites for engagement with young people What do you think of Nina Paley? For me, I am particularly interested in current digital copyright laws, any interesting stories on this topic, and if there are any future plans to amend any of these laws and if so where can I keep up to date with developments? For the latter session, I am keen to learn further of any particular laws regarding using these technologies with learners, or in education in general, any maybe any good practices etc. Probably not a related matter but I'd be keen also to hear of any laws with regards to a college using classroom management systems. Specialist College: What is our duty of care to our current learners? All are over 16 however some may not have the mental capacity to understand how to protect themselves. What is our duty of care to prospective learners, including those under the age of 16? What sort of training / education should we provide? Perhaps this is more ethical than legal? Can / should we ask learners to set up groups / pages on social networking? If so, can we ask them to communicate with prospective learners? My queries are probably more marketing focused than teaching, and the special education aspect may not be what everyone else is looking for so I understand if these issues cant be addressed.
- (Staff) I'm a tutor and my class can't get enough copies of their textbook from the library - can I photocopy 15 sets of chapter 2 from a title and distribute them? The local newspaper has a major feature on our college - could I photocopy it and send it to each member of the governing body? I want my class to study video techniques used by film producers - how long a clip can I copy off a commercial DVD, and then put it on the VLE for them to study? (Student) I missed a few lectures - is it OK to photocopy a friend's notes to help me catch up? I need an enlarged copy of an Ordnance Survey map - is that OK? I want to copy that famous photo of Marilyn Monroe, and adapt it to use in my art project - can I get away with that? I need to study some drumming techniques used by rock bands - can I download tracks for my own use from the internet for study purposes?
- User Generated content All the world sees it Handing over control to someone else external
- User Generated content All the world sees it Handing over control to someone else external
- User Generated content All the world sees it Handing over control to someone else external
- Make sure you get permission from the students who have made the video, any students appearing in the video as well as any other performers. You will also need to ensure that permission has been sought to use any other material that may be included, such as music, images and film. In the case of music, distributing it online will require additional licences from music collecting societies such as PRS for Music.
- Staff will need to give their consent prior to being recorded. Making it easy for users of the resources to understand how they can use them, including the podcasts, will help to protect your rights. The best way to do this is via a licence, such as a Creative Commons licence, or terms and conditions.
- So far we have heard the golden rule We have had to tips We have had the exceptions outlined We have had licenses explained