jisc legal copyright in learning environment

Copyright in the Learning Environment

John X Kelly

www.jisclegal.ac.uk

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Today this Session

• Quiz to gauge depth of your knowledge

• Top Copyright Tips

• Licences

• Fair Dealing and Exceptions

• Scenarios

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Copyright Quiz

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The Golden Rule

“If you don’t own it you need permission from the owner or you use one of the exceptions…”

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Jason’s Top Copyright Tips

• http://www.jisclegal.ac.uk/topcopyrighttips

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Do you Own it?

• Did you author it?

• Is a Colleague the author?

• Does the learning provider own copyright?

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Substantial

Is the piece of the work you want to use substantial?

“qualitative rather than quantitative”

a section of a picture, a sentence or two, or even a phrase, from a poem or book, or a bar or two of a piece of music.

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Learners

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• Will they just do what they want?

• What do they want?

• What do they expect?

• What influence can you have on them?

Enforcement

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• What is the likelihood of being caught?

• Who will be held liable?

• What are the penalties?

• Is the law relevant to me?

Exceptions

• The education exceptions …

• Other exceptions …

• Personal use …

• 5 %

• Librarians

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Copyright Exceptions

http://www.jisclegal.ac.uk/Default.aspx?tabid=243&id=877

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Licences

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• Exclusive licence

• Limited use licence

• Creative commons licence

• Collecting Societies

Licenses

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• What does “to licence” really mean?• What does a licence entitle me to do?• What choices of licenses do I have?• What do they cost? • Does my learning provider have one that

I can use?• Can I agree my own licence for content?

Licences

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• What do the licensors want?

• What policing do they do?

• What will they do if they find a breach of the licence?

• What’s the chances of being caught breaching licence terms?

• Are there penalties?

Licences

http://www.jisclegal.ac.uk/Default.aspx?tabid=243&id=877

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Copyright and Web 2

• What’s different about Web 2 …

• Surely this is the learners own responsibility

• Can we really police learners online?

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Fair Dealing

What is Fair dealing?

It may be within the scope of 'fair dealing' to make single photocopies of short extracts of a copyright work for non-commercial research or private study, criticism or review, or reporting current events.

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Visual Impairment

The exception applies if the individual:– is visually impaired, blind or partially

sighted– cannot focus or move their eyes

It allows them to make a copy of a lawfully obtained copyright work if they make it into a format that helps them read the material.

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Further Information

• Intellectual Property Office - http://www.ipo.gov.uk/

• Web2Rights - http://www.web2rights.org.uk/

• Copyright Licensing Agency - http://www.cla.co.uk/

• British Universities Film & Video Council - http://bufvc.ac.uk/

• JISC Legal - http://www.jisclegal.ac.uk/

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Copyright Scenarios

Copyright Scenario 1

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?

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Copyright Scenario 2

The local newspaper has a major feature on our college - could I photocopy it and send it to each member of the governing body?

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Copyright Scenario 3

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?

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Copyright Scenario 4

Lecturer: I am uploading a student-made video featuring students and other performers on to our college website. Whose permission do I need?

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Copyright Scenario 5

Learning technologist: I am recording staff at my institution for a series of podcasts which will be embedded into learning resources and available online. What can I do to protect our rights and those of the staff featured? 

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