Digital content in the academic medicine environment - exemplars from both sides of the pond

FOR AMEE BY:Angela Miller - St George’s, University of London

Gabrielle Campbell - AAMCChara Balasubramaniam - The eViP Programme

Ahrash Bissell - Creative Commons LearnRachel Ellaway - Northern Ontario School of Medicine

Terry Poulton - St George’s, University of London

Digital content in the academic medicine environment - exemplars

from both sides of the pond

BackgroundDefinitionsWork Done Solutions

ChallengesWay forward

Background

Much uncertainty surrounding Intellectual Property Rights (IPR), liabilities and freedom of action using resources in:

Education

Medicine and healthcare

The digital world as a whole – the non-rivalrous challenge

Although confusing there are ways to prepare and protect both altruistic and commercial concepts for a greater social good

Definitions

Intellectual Property Rights (IPR) - temporary grants of monopoly intended to give economic incentives for innovative activity. IPR exist in several forms and includes patents, copyrights, and trademarks

Copyright “the right to copy” - provides creator of original work with the exclusive rights for limited time-prevents others from copying, adapting, distributing, broadcasting, renting and selling

Access rights - the privileges that are granted to a user. A form of license with clear definitions of what is permitted

Consent - formal range of permissions from the subject expressed in a written document

http://www.virtualpatients.eu/about/example/

Work Done

Europe

State of play in Europe

eViP results from UK, Sweden, Germany, Netherlands, Poland and Romania

Harmonisation of European laws exist but incomplete

Similaritiesliterary, musical & dramatic work is coveredautomatic on expression originality & an intellectual creationcannot transfer moral rights ‘droit moral’

Differencesduration ownership

Work done

Canada

USA

Europe

Canada

USA

State of play in North America

Similarities literary, musical & dramatic

work is covered automatic on expression originality & an intellectual

creation

Several differences between Canadian and American copyright law

Differences Moral rights Duration Fair use vs. Fair dealing Digital enforcement (DMCA in US) Registration options Work for hire: ‘owner’ vs. ‘author’

Cross-border Similarities and Differences

Berne Convention: consistency to the chaos in cross-border copyright Automatic protection upon

fixed expression Foreign creators same

rights as domestic creators

Life plus 50 yrs

Differing philosophies: Moral protection of the work vs. economic protection of author

US: only moral rights for certain visual artists

Types of unauthorized uses permitted (fair use)

A solution

Geographical coverage of CC

Challenges to medical education

Privacy and Data ProtectionPersonally identifiable pictures or recordings taken in clinical environmentand used as part of the digital educational materials

Clinician may receive signed consent from the subject/patient, but how is that information passed with the resource? Where is that consent retained? If it is available how is it interpreted?

CHERRI consent and licensing model

How candifferent jurisdiction’s various health data protection and privacy laws,which are not subject to an international treaty, be addressed?

How can we remove barriers to encourage use and re-use of medical education resources all over the world?

Challenges to medical education

Institutional policies regarding ownership of digital materials and the copyright licensing of those materials

Is institutional approval required? Under what terms may resources be shared? Challenges on multi-institutional collaborations like

eVIP

Meeting to take all of this forward

After this presentation Today at 6pm in??