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IPR, ©, CC …….
Potential (and Barriers) for Development,
Sharing and Dissemination of e-Content
with particular reference to the University of Mauritius
Santally Mohammad Issack
Senior Lecturer & Officer-in-Charge
Virtual Centre for Innovative Learning Technologies
University of Mauritius
Intellectual Property
• In general terms, takes many forms
encompassing anything emanating from the
working of the human brain: ideas, concepts,
invention, stories, songs…..
• A need to distinguish, however, between
intellectual property (IP) and intellectual
property rights (IPR)
IP vs IPR
• A basic distinction has to be drawn between
intellectual property, which covers a vast
range of material, and
intellectual property rights, which delimits
the subject to encompass those aspects of the
topic which receive a measure of legal
protection
Forms of IPR
• Copyright (our focus)
• Patents
• Trademarks
Introduction to Copyright ©
• The right to control the use of one’s own work
• Creators or owners of content can give, sell or
licence the right to use the materials to others
• Protected under copyright law – which
protects also the rights of the user by defining
the conditions of its legal use
Copyright © - Conditions & Terms
• The work must be original
• The work must be fixed, that is, presented in a
tangible form such as writing, film, images or
sound
• A qualified person living in a member country
of the 1952 Universal Copyright Convention
(UCC), or the 1886 Berne Convention, must
create the work.
Copyright © - Duration
• Depends on national legislation
• In Mauritius, for instance – Life of Author and
50 years after.
• Work then enters public domain - i.e anyone
can use those however they want
Note: Public Domain should not be confused
with the Public Access (material not necessary
be in the Public Domain as per above defn)
Associated Rights with ©
• Economic Rights
Licenced - the creator allows long term, specific use of the
material but retains copyright e.g University francises
Assigned - the creator gives the rights of the work in
perpetuity to the new copyright owner, with or without
remuneration. e.g Course writing against remuneration
Reserved - the creator withholds certain rights from
assigning or licensing. E.g, a university may license the
print rights to a course, but not the online rights.
Associated Rights with ©
• Moral Rights – always vested with creator
Paternity: the right to be identified as the creator of the
work
Integrity: the right not to have the work altered, presented
in an unsuitable context, or treated in a derogatory way
False attribution: the right not to have the work wrongly
attributed.
From Copyright to Copyleft
CopyleftCopyleft is a play on the word copyright andis a play on the word copyright and
describes the practice of using copyright lawdescribes the practice of using copyright law
to remove restrictions on distributing copiesto remove restrictions on distributing copies
and modified versions of a work for othersand modified versions of a work for others
and requiring that the same freedoms beand requiring that the same freedoms be
preserved in modified versions.preserved in modified versions.
Source:Wikipedia@www.wikipedia.org
Source:Wikipedia@www.wikipedia.org
A form of licensing and may be used to modify copyrights for
works such as computer software, documents, music, and
art.
Through a copyleft licensing scheme, give every person who
receives a copy of a work permission to reproduce, adapt or
distribute the work ………………….
………………………………as long as any resulting copiesas long as any resulting copies
or adaptations are also bound by theor adaptations are also bound by the
same copyleft licensing schemesame copyleft licensing scheme
The four fundamentals freedom granted by
copyleft are:
• Freedom to use and study the work,
• Freedom to copy and share the work
with others,
• Freedom to modify the work,
• Freedom to distribute modified and
therefore derivative works.
Attribution (by): Licensees may copy, distribute, display and perform the work and
make derivative works based on it only if they give the author or licensor the credits
in the manner specified by these.
Noncommercial or NonCommercial (nc): Licensees may copy, distribute, display,
and perform the work and make derivative works based on it only for
noncommercial purposes.
No Derivative Works or NoDerivs (nd): Licensees may copy, distribute, display and
perform only verbatim copies of the work, not derivative works based on it.
ShareAlike (sa): Licensees may distribute derivative works only under a license
identical to the license that governs the original work.
Copyleft does not necessarily therefore mean FREE content
Open Education Resources
An Internet empowered worldwide community effort to create anAn Internet empowered worldwide community effort to create an
education commons.education commons.
The term was first adopted atThe term was first adopted at UNESCO's 2002UNESCO's 2002
Forum on the Impact of Open Courseware forForum on the Impact of Open Courseware for
Higher Education in Developing CountriesHigher Education in Developing Countries
funded by thefunded by the William and Flora HewlettWilliam and Flora Hewlett
Educational materials and resources offered freely and openly for anyone toEducational materials and resources offered freely and openly for anyone to
use and under some licenses to re-mix, improve and redistribute.use and under some licenses to re-mix, improve and redistribute.
Source: Wikipedia
Open Education Resources
• OERs can be said to building blocks of Open
Education – The logo metaphor as originally
used to describe learning objects
Open Education and OERs
Open education is aOpen education is a
collective term thatcollective term that
refers to forms ofrefers to forms of
education in whicheducation in which
knowledge, ideas orknowledge, ideas or
important aspects ofimportant aspects of
teaching methodologyteaching methodology
or infrastructure areor infrastructure are
shared freely over theshared freely over the
internet.internet.
Main Challenges to OER
Generic OER Fr@mework
Copyright & Educational Context
• Fair Use Concept – concerned with quotations
and reproduction to a ‘fair’ extent of
copyrighted material
• To some extent reprographic production
But reference is mainly made for the face-to-
face teaching and ‘non-commercial’ gain –
unless the legislation makes otherwise provisos
Copyright & Educational Context
• Fair Use Concept – concerned with quotations
and reproduction to a ‘fair’ extent of
copyrighted material
• To some extent reprographic production
But reference is mainly made for the face-to-
face teaching and ‘non-commercial’ gain –
unless the legislation makes otherwise provisos
Copyright and Distance Education
• Distance Education : Print-based, web-based
learning, e-learning etc etc
• Not only about filling forms or getting
permissions
• Intellectual Property of academics, course
writers take another dimension
Copyright and Distance Education
A real need to establish relevant procedures and
policies – an integration of resources, systems,
contracts (including employment) procedures
and information across departments
Source: Commonwealth of Learning Knowledge Series
Impact of Technology
• Enables easy distribution of DE materials but
can also become a hindrance and much
more…….
• Work can be easily copied and modified, and
some authors/copyright holders may be
reticent
• Some academics might be reticent for their
course materials to go public access because
they might have used other’s materials in
significant amount
Is CC a viable alternative?
• Not necessarily
• CC licences can have a number of different
combinations around 14 in all
• Mixing and matching content may result in an
‘incoherent’ final product violating the CC
fundamental governing criteria
CC, © and Employment Contracts
• Copyright for work produced in period of
employment vests with the employer
• Academics releasing material produced might
face ‘breach of contract’ charges
• Academics releasing material produced might
face ‘breach of contract’ charges
• Academics may claim economic rights from
additional revenues generated by their IP
CC, © and Employment Contracts
• Simplest of issues related to copyright and IP
may result in whole projects going back to
square 1 or drawers!
• Institutions would not want each time to wait
for a judgement based on ‘fair use’ or related
issues with respect to economic/moral rights
of authors/creators
• In-short educational leaders dont want to step
into any hassles
The Key
The need for a formal institutional policy for distance
and online learning encompassing issues related to:
– Contracts (economic and moral rights/copyright
ownership)
– Course Components Acquisition (licences,
copyright clearances etc)
– Inhouse materials development processes
– Procurement and Commercial use of Materials
– Strategies related to various forms of
copyright/creative commons
Thank you
Mohammad Issack SANTALLY
VCILT-UoM

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Copyright, Creative Commons and Implications for e-Learning

  • 1. IPR, ©, CC ……. Potential (and Barriers) for Development, Sharing and Dissemination of e-Content with particular reference to the University of Mauritius Santally Mohammad Issack Senior Lecturer & Officer-in-Charge Virtual Centre for Innovative Learning Technologies University of Mauritius
  • 2. Intellectual Property • In general terms, takes many forms encompassing anything emanating from the working of the human brain: ideas, concepts, invention, stories, songs….. • A need to distinguish, however, between intellectual property (IP) and intellectual property rights (IPR)
  • 3. IP vs IPR • A basic distinction has to be drawn between intellectual property, which covers a vast range of material, and intellectual property rights, which delimits the subject to encompass those aspects of the topic which receive a measure of legal protection
  • 4. Forms of IPR • Copyright (our focus) • Patents • Trademarks
  • 5. Introduction to Copyright © • The right to control the use of one’s own work • Creators or owners of content can give, sell or licence the right to use the materials to others • Protected under copyright law – which protects also the rights of the user by defining the conditions of its legal use
  • 6. Copyright © - Conditions & Terms • The work must be original • The work must be fixed, that is, presented in a tangible form such as writing, film, images or sound • A qualified person living in a member country of the 1952 Universal Copyright Convention (UCC), or the 1886 Berne Convention, must create the work.
  • 7. Copyright © - Duration • Depends on national legislation • In Mauritius, for instance – Life of Author and 50 years after. • Work then enters public domain - i.e anyone can use those however they want Note: Public Domain should not be confused with the Public Access (material not necessary be in the Public Domain as per above defn)
  • 8. Associated Rights with © • Economic Rights Licenced - the creator allows long term, specific use of the material but retains copyright e.g University francises Assigned - the creator gives the rights of the work in perpetuity to the new copyright owner, with or without remuneration. e.g Course writing against remuneration Reserved - the creator withholds certain rights from assigning or licensing. E.g, a university may license the print rights to a course, but not the online rights.
  • 9. Associated Rights with © • Moral Rights – always vested with creator Paternity: the right to be identified as the creator of the work Integrity: the right not to have the work altered, presented in an unsuitable context, or treated in a derogatory way False attribution: the right not to have the work wrongly attributed.
  • 10. From Copyright to Copyleft CopyleftCopyleft is a play on the word copyright andis a play on the word copyright and describes the practice of using copyright lawdescribes the practice of using copyright law to remove restrictions on distributing copiesto remove restrictions on distributing copies and modified versions of a work for othersand modified versions of a work for others and requiring that the same freedoms beand requiring that the same freedoms be preserved in modified versions.preserved in modified versions. Source:Wikipedia@www.wikipedia.org
  • 11. Source:Wikipedia@www.wikipedia.org A form of licensing and may be used to modify copyrights for works such as computer software, documents, music, and art. Through a copyleft licensing scheme, give every person who receives a copy of a work permission to reproduce, adapt or distribute the work …………………. ………………………………as long as any resulting copiesas long as any resulting copies or adaptations are also bound by theor adaptations are also bound by the same copyleft licensing schemesame copyleft licensing scheme
  • 12. The four fundamentals freedom granted by copyleft are: • Freedom to use and study the work, • Freedom to copy and share the work with others, • Freedom to modify the work, • Freedom to distribute modified and therefore derivative works.
  • 13. Attribution (by): Licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor the credits in the manner specified by these. Noncommercial or NonCommercial (nc): Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for noncommercial purposes. No Derivative Works or NoDerivs (nd): Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works based on it. ShareAlike (sa): Licensees may distribute derivative works only under a license identical to the license that governs the original work. Copyleft does not necessarily therefore mean FREE content
  • 14. Open Education Resources An Internet empowered worldwide community effort to create anAn Internet empowered worldwide community effort to create an education commons.education commons. The term was first adopted atThe term was first adopted at UNESCO's 2002UNESCO's 2002 Forum on the Impact of Open Courseware forForum on the Impact of Open Courseware for Higher Education in Developing CountriesHigher Education in Developing Countries funded by thefunded by the William and Flora HewlettWilliam and Flora Hewlett Educational materials and resources offered freely and openly for anyone toEducational materials and resources offered freely and openly for anyone to use and under some licenses to re-mix, improve and redistribute.use and under some licenses to re-mix, improve and redistribute. Source: Wikipedia Open Education Resources
  • 15. • OERs can be said to building blocks of Open Education – The logo metaphor as originally used to describe learning objects Open Education and OERs Open education is aOpen education is a collective term thatcollective term that refers to forms ofrefers to forms of education in whicheducation in which knowledge, ideas orknowledge, ideas or important aspects ofimportant aspects of teaching methodologyteaching methodology or infrastructure areor infrastructure are shared freely over theshared freely over the internet.internet.
  • 18. Copyright & Educational Context • Fair Use Concept – concerned with quotations and reproduction to a ‘fair’ extent of copyrighted material • To some extent reprographic production But reference is mainly made for the face-to- face teaching and ‘non-commercial’ gain – unless the legislation makes otherwise provisos
  • 19. Copyright & Educational Context • Fair Use Concept – concerned with quotations and reproduction to a ‘fair’ extent of copyrighted material • To some extent reprographic production But reference is mainly made for the face-to- face teaching and ‘non-commercial’ gain – unless the legislation makes otherwise provisos
  • 20. Copyright and Distance Education • Distance Education : Print-based, web-based learning, e-learning etc etc • Not only about filling forms or getting permissions • Intellectual Property of academics, course writers take another dimension
  • 21. Copyright and Distance Education A real need to establish relevant procedures and policies – an integration of resources, systems, contracts (including employment) procedures and information across departments Source: Commonwealth of Learning Knowledge Series
  • 22. Impact of Technology • Enables easy distribution of DE materials but can also become a hindrance and much more……. • Work can be easily copied and modified, and some authors/copyright holders may be reticent • Some academics might be reticent for their course materials to go public access because they might have used other’s materials in significant amount
  • 23. Is CC a viable alternative? • Not necessarily • CC licences can have a number of different combinations around 14 in all • Mixing and matching content may result in an ‘incoherent’ final product violating the CC fundamental governing criteria
  • 24. CC, © and Employment Contracts • Copyright for work produced in period of employment vests with the employer • Academics releasing material produced might face ‘breach of contract’ charges • Academics releasing material produced might face ‘breach of contract’ charges • Academics may claim economic rights from additional revenues generated by their IP
  • 25. CC, © and Employment Contracts • Simplest of issues related to copyright and IP may result in whole projects going back to square 1 or drawers! • Institutions would not want each time to wait for a judgement based on ‘fair use’ or related issues with respect to economic/moral rights of authors/creators • In-short educational leaders dont want to step into any hassles
  • 26. The Key The need for a formal institutional policy for distance and online learning encompassing issues related to: – Contracts (economic and moral rights/copyright ownership) – Course Components Acquisition (licences, copyright clearances etc) – Inhouse materials development processes – Procurement and Commercial use of Materials – Strategies related to various forms of copyright/creative commons
  • 27. Thank you Mohammad Issack SANTALLY VCILT-UoM