Developing e-learning resources: Copyright Guidelines Scd

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2012 DJ

Copyright Guidelines

For Academics and Educational Developers

Workshop Slides 2012

Contributing Lecturer

David Jennings

UCD Teaching and Learning



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[email protected] Teaching and Learning

Copyright Guidelines

for Academics and

Educational Developers

National Centre for Media Production in Higher Education

Task

Individually take a moment

• Write down your understanding of

copyright

– What is it?

– What does it do?

– What does it mean for you!



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Terminology

• Copyright

– protects creative or artistic works

– You should only copy or use a

copyrighted work with the copyrightowner's permission

http://www.eucopyright.com/en


Terminology

• Licences

– licence is a permission to use someoneelse’s property

• Cf. assignation / assignment

• Exclusive / non-exclusive

• Perpetual / time-limited



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Conundrum 1

I have found a series of 35mmslides left in the departmentthat would be great to includein my teaching…

Task What does copyright cover?



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What does Copyright Cover?

• Literature– including novels, instruction manuals,

computer programs, song lyrics,newspaper articles, website contentand some types of database

• Drama

– including dance or mime

• Music


What Does Copyright Cover?

• Art– including paintings, engravings,

photographs, sculptures, collages,architecture, technical drawings,diagrams, maps and logos

• Layouts used to publish a work, for abook

• Recordings of a work, including sound andfilm

• Broadcasts of a work



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How long does Copyright last?

• Literary, dramatic, musical, artistic

works: author’s life + 70 years

• Films: life of ‘creators’ + 70 years

• Other works: creation/release + 50 years

• Typography: publication + 25 years

http://www.copyrightservice.co.uk/copyright/

p01_uk_copyright_law


Conundrum 2

I have a “inherited” apredecessor’s teaching plan(slides, session plans, work

sheets, assessment activitiesetc) and I have to deliver thecourse next week?!



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Ownership

• General rule the author is the firstcopyright owner

– Where work is made in the course of employment, the employer is the firstcopyright owner subject to agreement tothe contrary

www.intellectual-property.gov.uk


Task

Take a moment to identify

• What can (should) you not be doing with

copyrighted materials…



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Restricted Acts

(a) to copy the work

(b) to issues copies to the public

(c) to perform, show or play to the public

(d) to broadcast to the public

(e) to make an adaptation etc


Conundrum 3

I wish to record my lecturesand distribute them online…



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Exemptions…

• Fair Use / Fair Dealing

• But how much is fair?

• Importance Vs Quantity

• Specified purpose

• Research or private study

• Criticism or review

• Reporting current events


Exemptions…

• Educational Usage [s.53]

– In the course of instruction or itspreparation

– For examination

• However– 1 copy only

– Sufficient acknowledgement

– Not available for reprography



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Conundrum 4

I wish to record programmes andredistribute them for review andcritique via our VLE…


Public Domain?

• Expired copyrighted works

However

• Just because there is no visible licence…

• Just because it is on the internet…– does not mean it is not copyrighted

Q has the copyright been renewed?

Q has the material been donated to the

public domain?



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Moral Rights

• The paternity right

– The right of the creator to be identified

• The right to object to derogatorytreatment of the work

• The right against false attribution

www.mda.org.uk/cbasics.htm


CLEARANCE PROCEDURES

Things you need to do…



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Guidelines: First StepsAlan Rae* JISCLegal

Separate the materials which are self-written

from those which have third party materials in

them.

Are the third party materials licensed by a

blanket licence – e.g. ICLA?


Conundrum 5

If I take my own photos of branded products can I use themfor educational presentations ande-learning resources?

If I create a screencast viewingwebsites is that ok too?



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Guidelines: Licences

Does the licensed material allow for change of

media?

If you have materials which are not covered by

a licence nor by written permission you

therefore have no permission to digitisePermission must be sought from the

rights-holders.


Guidelines: Clearancewww.Web2Rights.org.uk

Exact details of material you want to use

and for how long?

How you want to use the material,

permitted uses by third parties and for what

purpose?

Description of the target audience and the

service

Description of the method of distribution

and geographical territories to which the

work may be marketed and used.



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Guidelines: Clearance Protocol

Low risk Vs High risk

*Everything must be confirmed in writing

• Lo – letter of request and assumption of

right to proceed“Unless I do not hear from you within two weeks, I mayassume that you have consented to my request of use of the material as outlined in this letter/e-mail.”

• Hi – Formal licence proceedure

http://wiki.creativecommons.org/

Before_Licensing#Make_sure_you_have_the_rights


Guidelines: Final Details

If you are unable to digitise because there is nolicence and / or it is difficult to contact therights-holders

Consider alternatives

Ensure that any materials which can belegitimately digitised are accompanied at alltimes by an acknowledgement or source

Consider developing a notice and take downpolicy?



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WHAT ARE CREATIVE

COMMONS LICENCES?

And how might they be of use to me…


Licencing

• Creative Commons (CC) initiative

– Creative Commons provides tools forgenerating licences to allow discoveryand use of content that an author

wishes to offer for widespreaddistribution free of charge

• Rights assertion Crucial

Halliday L. 2004.



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Using Creative Commons

The Conditions:

– Attribution

– Share Alike

– Non-Commercial

– No Derivatives

Applying Creative Commons

The Licences:

Attribution

Attribution Share Alike

Attribution No Derivatives

Attribution Non-Commercial

Attribution Non-Commercial Share Alike

Attribution Non-Commercial No

Derivatives



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Irish Law

• Ireland: Copyright and Related RightsAct 2000– http://www.irishstatutebook.ie/2000_28.html

• Irish Copyright Licensing Agency Limited(ICLA)

– Digital Scanning And Intranet Extension ForCertain Works Published In Ireland

– http://www.icla.ie/index.php?education_highereducation

• Universities Act 1997, s.14

• Institutes of Technology Act 2006, s.7.

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