copyright in online resources a course for content authors oucs rowan wilson february 2009

Copyright in Online ResourcesA course for content authors

OUCSRowan Wilson February 2009

Copyright in Online Resources:A Course For Content Authors

CAUTION! I am not a lawyer

This talk is focused on electronic resources

This talk is focused on Higher Education

A lot of material – some of it tedious


What intellectual property is

What copyright is

How copyright is licensed

What your employer claims of your work

What practical steps to take in order to avoid unauthorised reuse while benefiting from internet publication

What Fair Dealing is

What Creative Commons is


What is intellectual property?


“Intellectual Property (IP) is created when an idea takes some tangible form. IP can mean a brand, invention, design or other kind of creation and it can be legally owned..”

http://www.ipo.gov.uk/


Does Intellectual Property = Property?

The owner of intellectual property has rights over it

Intellectual property law protects those rights

Intellectual property rights come in two types: registered or

unregistered

There are many kinds of intellectual property


Other Varieties of Intellectual Property Include...

Patents – protect inventions

Trademarks – protect identifiers used by businesses

Database Rights – protect collections of data

Design Rights – protect the shape and design of products

Copyright...


What is copyright?


Copyright...

is a form of intellectual property

is an unregistered right – it comes into existence at the same time that the work is 'fixed'

protects the 'fixed' form of an idea, not the idea itself

protects literary and artistic material, music, films, sound recordings and broadcasts, including software and multimedia

generally does not protect works that are 'insubstantial' – thus names and titles are not protected (although a 'passing off' action may be a possibility)

gives the author exclusive economic and moral rights over the copyrighted material


What exclusive economic rights do authors have?

Making copies

Issuing copies to the public (publication, performing, broadcasting, online distribution)

Renting or lending copies

Adapting the work


What exclusive moral rights do authors have?

to be identified as the author of the work

to object to derogatory treatment of the work which would prejudicial to the honour or reputation of the author

to not be falsely identified as the author of a work

Though do note:

Moral rights must be asserted formally to anyone who receives the work

Moral rights can be waived

Computer programs, newspaper and magazine articles and material in reference works such as dictionaries do not come with moral rights


What if I'm employed to create copyright material?

Your employment contract will govern who owns the copyright, although the default position will be that your employer does

For University of Oxford employees the position is spelled out in the University Statutes XVI part b (covered later)

Even works created outside working hours may be owned by your employer if they are of the same general type as you are employed to create

Beware! If you bring in contractors or consultants they will by default own the copyright in their work unless the contract you arrange says otherwise


When does copyright expire under UK law?

For literary, dramatic, musical or artistic work, 70 years after the death of the author

For films, the 70 years after the last death of principal director, the authors of the screenplay and dialogue, and the composer of any music specially created for the film

For sound recordings, 50 years after the year or production or the year of publication, whichever is later

For broadcasts, 50 years after first broadcast

For the layout of publications, 25 years after publication

Note: all terms calculated from the end of the year in question

Also note: The duration of copyright protection has changed several times over the last decades, meaning that some authors have enjoyed renewed copyright.


Is my copyright protected internationally?

Each country has its own intellectual property law, and these can differ quite considerably.

However, international treaties, such as the 1886 Berne Convention and the 1994 TRIPS Agreement, attempt to standardise the treatment of IP globally, providing similar protections to authors in each signatory country.

Signatory nations have a responsibility to alter their national law to reflect the treaty's requirements (although it took the UK just over 100 years to do so in the case of the Berne Convention).

Despite the existence of such treaties, taking effective action against a foreign infringer is still very likely to mean bringing an action in their local court system.


So what can I do with my copyright?

You can sell it – although any moral rights will always remain with you the original author unless you waive them

You can license it...


How is copyright licensed?


What's a copyright licence and how do I get or give one?A copyright licence is an agreement between a copyright owner (licensor) and another person or group (the licensee)

This agreement permits the licensee to do things which would otherwise be protected actions under intellectual property law

Thus a copyright licence might permit the licensee to copy the work, communicate it to the public, adapt it or perform it (or any combination of those)

The terms of copyright licences typically limit elements like the duration or the geographical extent of the grant of rights

Copyright licences can be exclusive or non-exclusive

The Creative Commons project provides ready-made copyright licences that may be suitable for your needs


What does your employer claim of your work?


How does the University claim rights to work?

Employment and studentship agreements 'import' the statutes of the University of Oxford

Signature of such agreements indicates assent to the statutes

The statutes cover many topics including IP: www.admin.ox.ac.uk/statutes/790-121.shtml

The statutes lay out whose work is claimed, and the varieties of work that are claimed.

For a work to be claimed it must be both of the prescribed kind and created by a prescribed kind of individual (and not specifically excluded).

Assent to the statutes includes assent to sign any necessary additional licences required by the University


Whose work is claimed?

Employees creating © work in the course of their employment

Students creating © work in the course of (or incidentally to) their studies

Anyone else who, “as a condition of their being granted access to the University's premises or facilities” has agreed in writing to be bound by the IP statutes

Contractors creating © work during the course of (or incidentally to) their contracted work


What kinds of work are claimed?

(1) works generated by computer hardware or software owned or operated by the University;

(2) films, videos, multimedia works, typographical arrangements, field and laboratory notebooks, and other works created with the aid of university facilities;

(3) patentable and non-patentable inventions;

(4) registered and unregistered designs, plant varieties, and topographies;

(5) university-commissioned works not within (1), (2), (3), or (4);

(6) databases, computer software, firmware, courseware, and related material not within (1), (2), (3), (4), or (5), but only if they may reasonably be considered to possess commercial potential; and

(7) know-how and information associated with the above.


What kinds of work are not claimed (even if they are caught in the definitions on the previous page)?

artistic works, books, articles, plays, lyrics, scores, or lectures, apart from those specifically commissioned by the University;

audio or visual aids to the giving of lectures; or

computer-related works other than those specified on the previous page


What does “specifically commissioned by the University” mean?

“works which the University has specifically employed or requested the person concerned to produce, whether in return for special payment or not”

Excludes works commissioned by Oxford University Press, for which separate agreements are likely to be made


Practical Steps For Internet Publication


What am I impliedly permitting by placing my material on the internet?

Making material available on a publicly accessible web site would strongly imply universal permission to perform the restricted activities necessary to view it; for example making a copy in memory on a client machine and storing the material in a disk cache for easy recall.

Posting to a mailing list would also probably imply permission to reproduce your material in replies to that mailing list via quotation

Placing material on the internet does not imply the granting of permission to adapt, distribute or copy the work for other purposes

There is a common misapprehension that the internet is somehow a gateway to the 'Public Domain'. In fact in UK law there is no such thing as the 'Public Domain'.


How can I protect my material from unauthorised use?

There is no complete protection, but this is also true in the analogue domain

Mark your work prominently with your name, the date of composition and a © symbol. This makes it harder for infringers to argue that they could not identify the author or the material as © protected

Consider making some kind of contact information available such as an institution, agent or email address (although in the latter case make sure you obfuscate it to prevent spammer harvesting).

Consider making your copyright statement a link to a list of terms and conditions

Consider use of an informal copyright registry here in the UK or formal registries abroad


How can I protect my material from unauthorised use? (continued)

Consider metadata schemas that digitally expose the rights status of material, such as Authena. Such schemes are known as Digital Rights Management or DRM

Consider more robust Technological Protection Methods (TPMs) for example Adobe Acrobat Security

WIPO (World Intellectual Property Organization) Performances and Phonograms Treaty and its implementation in national laws (European Union Copyright Directive in Europe, Digital Millennium Copyright Act in US) makes the circumvention of a TPM an act of copyright violation in itself, even if no further copying, distribution or adaptation of the protected material takes place

However technological protection methods have - up to now - proved to be ineffective at obstructing determined infringers.


How can I detect online reuse of my material?

JISC (Joint Information Systems Committee) fund a 'Plagiarism Advisory Service': www.jiscpas.ac.uk/

Proprietary Institutional-Level services such as TurnItIn:www.turnitin.com

For personal purposes, Google can be used to search for uncommon phrases that occur within your text (make sure you use quotes)

Google alerts on uncommon phrases can take the work out of periodic checking


What do I do if someone seems to have infringed my copyright online?

Is the copying substantial? This must be judged in terms of both the quantity and quality of the copied material

Is the copying covered by the Fair Dealing exceptions (covered in next section)?

Is the material actually yours (it may be your employers job to take action)?

If none of the above qualifications apply, try contacting the person responsible for the material requesting that the infringing material be taken down

You may also contact the service provider which hosts the material. For hosts based in the US there is a formal 'takedown' procedure that is defined in the Digital Millennium Copyright Act, and many user-generated content sites such as Youtube provide online mechanisms for issuing takedowns.


What do I do if someone seems to have infringed my copyright online?(continued)

However, note that the details you provide in the takedown notice must be accurate to the best of your ability. Carelessly or deliberately inaccurate notices can be a cause of action in themselves

In the UK, the The Electronic Commerce (EC Directive) Regulations 2002 provide take a slightly different approach, defining what a service provider must do to be immune from copyright infringement action for acting as a 'mere conduit'.

One of their responsibilities is to remove potentially infringing material in a timely way when informed of its presence. If a UK-based service provider fails to remove such material, the next step would be to seek an injunction via the courts.

Many UK-based service providers have their own well-publicised takedown procedures – check their sites.


iTunes U Contributions

Since 2008 Oxford has been making many kinds of audio and visual material available via Apple’s iTunesU portal

Apple requires a non-exclusive licence from the contributor to make the material available in this way

http://www.ox.ac.uk/itunes_u/contribute.html links to a form which needs to be signed and submitted along with any iTunes U contribution.


What is 'Fair Dealing'?


What is Fair Dealing?

Similar to the well-known phrase from US law 'Fair Use'

'Fair Dealing' is a term which describes certain uses of a copyright work under certain defined circumstances. Provided that these circumstances are in place, no permission for this use is required from the copyright owner.

The 'Fair Dealing' exceptions can be read in full in the Copyright, Designs and Patents Act 1988 (and subsequent amendments)

Refer to the Act to find the precise detail of the exceptions, and for some others not mentioned here


Why is Fair Dealing important for authors?

It governs important creative activities such as quotation, criticism and exam setting

It governs what use others can make of your work without seeking your permission


What are the Fair Dealing exceptions?

Research and private study

A "reasonable proportion" of a literary, dramatic, musical or artistic work can be copied provided that only one copy is made for non-commercial research

Criticism, review and news reporting

any copyright material may be copied provided that acknowledgement of the source is made in the resulting material (with the exception of sound recordings and film in used current events reporting, where no acknowledgement is necessary)

Photos are excluded from the current event reporting exception, acknowledged or not.


What are the Fair Dealing exceptions? (continued)

Things done for purposes of instruction or examination

Literary, dramatic, musical or artistic works may be copied if the copying is done by the instructor themselves and the method of reproduction is not reprographic (meaning photocopying or scanning)

Sound recordings and films may be copied if the copying is done by the instructor themselves and the subject being taught is the making of films or film soundtracks

Nearly all protected activities relating to setting questions for exams, making questions available to examinees and answering those questions are permitted (only copying sheet music for performance in an exam is not)

Materials generated under this exception (things done for purposes of instruction or examination) become infringing copies if they are subsequently sold, hired or communicated to the public.


What are the Fair Dealing exceptions? (continued)

Exceptions involving libraries and librarians

Librarians can make single copies of periodical articles and sections from literary, dramatic or musical works for library users provided that they are satisfied that the user will be covered by the 'Research and Private Study' exception (a statutory form of words exists which can be obtained from the library in question and signed by the library user).


Anything else?

Copyright (Visually Impaired Persons) Act 2002 amends the 1988 Copyright, Designs and Patents Act to allow a visually impaired person to make and keep 'a single accessible copy for personal use'. Certain approved organisations are also permitted to make accessible copies of works and distribute them to visually impaired users.

In some circumstances the actions of a copyright holder may create an 'implied' licence. For example, posting to a mailing list would almost certainly imply permission from the author to the list subscribers to keep a local copy of the posting and quote it in further postings of their own.


What is 'Creative Commons'?


What is Creative Commons Licensing?

Founded in 2001 by Prof Lawrence Lessig at the University of Stanford

Provides general, regionalised copyright licences for use by copyright owners

Creative Commons licences are permissive compared to a standard commercial copyright licence

The Creative Commons web site provides a step-by-step guide to selecting and applying a CC licence to your work

The aim of the Creative Commons project is to create a large body of copyright work which can be easily adapted and reused

The project was formed as a response to the perceived wasting away of the concept of the 'public domain' under US law


What kinds of licences do Creative Commons provide?

All Creative Commons licences mandate attribution of the copyright owner (Attribution)

A CC licensor can specify that their work cannot be copied or adapted for use in a commercial work (Non-Commercial)

A CC licensor can specify that any adaptations or copies must be licensed under the same licence (Share-alike)

A CC licensor can specify that no adaptations (derivative works) may be made from their work (No Derivatives)


This leads to six possible combinations:

Attribution alone (by)

Attribution + Noncommercial (by-nc)

Attribution + NoDerivs (by-nd)

Attribution + ShareAlike (by-sa)

Attribution + Noncommercial + NoDerivs (by-nc-nd)

Attribution + Noncommercial + ShareAlike (by-nc-sa)


Anything else?

Embedded RDF licence summaries allow search based upon reuse possibilities

Licences come with simple language summaries of their terms

More licences...


Anything else?

CC0 – a legal document that attempts to waive all IP rights in a given work. In jurisdictions where this cannot be achieved (like the UK) it falls back upon a broad non-exclusive worldwide licence for all.

CC+ - a dual-licensing mechanism in which a work is advertised as being available under both a CC licence and another, possibly more useful commercial licence.


Anything else? (continued)

Science Commons – a project designed to increase the amount of scientific data available for reuse.

ccLearn – a project attempting to lessen the legal, technical and social barriers to sharing, adaptation and reuse of learning materials

CCREL (Creative Commons Rights Expression Language) – a method of embedding licensing information in HTML and XML documents


The EndQuestions or Discussion?


Links

UK Intellectual Property Office – http://www.ipo.gov.uk/home.htmOULS Copyright FAQ - http://www.ouls.ox.ac.uk/bodley/services/copy/copyrightUniversity of Oxford Statues covering IP issues – http://www.admin.ox.ac.uk/statutes/790-121.shtmlJISC Electronic Fair Dealing Guidelines – http://www.ukoln.ac.uk/services/elib/papers/pa/fair/intro.htmlJISC Legal – http://www.jisclegal.ac.uk/Museums Copyright Org © Expiration Flowchart - http://www.museumscopyright.org.uk/private.pdfThe Society of Authors – http://www.societyofauthors.org/Writers, Artists and Their Copyright Holders - www.watch-file.comCopyright, Designs and Patents Act 1988 - http://www.ipo.gov.uk/cdpact1988.pdfCopyright (Visually Impaired Persons) Act 2002 - http://www.opsi.gov.uk/acts/acts2002/20020033.htmCopyright Licensing Agency - http://www.cla.co.uk/

Creative Commons – http://www.creativecommons.orgAuthena - http://authena.org/OSS Watch - http://www.oss-watch.ac.ukOxford’s iTunesU contribution guidelines: http://www.ox.ac.uk/itunes_u/contribute.html

This presentation: http://www.slideshare.net/crmwilson/copyright-in-online-resources-authors

copyright in online resources a course for content authors oucs rowan wilson february 2009

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