copyright and intellectual property rights issues by jeroen verschakelen

Copyright and Intellectual Property Rights Issues

When using video in education

Jeroen Verschakelen

The Principle of Copyright

PERMISSION

Rights holder

Rights holder

The Principle of Copyright

The Author

The Principle of Copyright

The Author

The Principle of Copyright

= the creator of a “work” (e.g. video)that is “original”

Work

A “Work”

• “Embodiment” in a concrete form– Not a mere idea• But the form does not have to be material/tangible

• E.g. text (incl. spoken word), image, audio, video, …

Originality

The Principle of Originality

• Under Belgian law:

– Due to a (notable) INTELLECTUAL ACTIVITY,

– The work reflects its creator’s INDIVIDUAL PERSONALITY

“Artistic value” is not required!

The Author

The Principle of Copyright

Audiovisual material: the main director,the author of the screenplay, the editor,the composer of original music, …

The Principle of Copyright

PERMISSION

Rights holder

Without such permission

NO RIGHT TO USE!

WORK

WORK

The Principle of Copyright

BUT

The Principle of Copyright

COPYRIGHT EXCEPTIONS!

• Technical necessity• Ephemeral recordings• News reporting• Occasional background information• Parody• Private copying of audiovisual material• Private performance• Citation• Anthology• …

• Citation: – In accordance with honest professional practices– Justified by a legitimate purpose– (Mentioning source, incl. author’s name, if possible)

• Composing an anthology– No direct/indirect economic or commercial purpose– The author must have passed away (if not:

permission required!)– Respect for the moral rights of the author– Obligation to pay compensation!

Exceptions for educational purposes

• Private performance (“execution”)– In the framework of school activities– Free

• Reproduction: – VIDEOS: ONLY “SHORT FRAGMENTS”!– No commercial purpose– Normal exploitation of the work– (Mentioning the source, incl. the author’s name)

• Communication to the public– No commercial purposes– Within normal activities of officially established/recognized

institution– Limited to “closed transmission networks”– (Normal exploitation + source)

Exceptions for educational purposes

• Reproduction: examples– Downloading a video from e.g. YouTube– Inserting the video in a PowerPoint presentation– Recording an entire movie at home?

• Communication to the public: examples– Showing a movie in the school’s auditorium– Uploading a video onto the school intranet• AIME v. UCLA

• Obligation to pay equitable compensation!

Exceptions for educational purposes

• Recording = act of “reproduction” (copyright)

• Recording = “processing” of personal data!

• Different exceptions apply!!!

Lecture Capture

Lecture Capture

• Spoken words– Copyright– Protection of personal data

• Person’s image– Right to image– Protection of personal data

Permission required!

Lecturer

Lecturer“the crowd”

Lecture Capture• Permission from lecturer: in the contract!!

– Employment contract vs. external lecturer– If not specified in the contract:

• Only “short fragments”? (copyright)• “Necessary for the execution of the contract” (DP); or • “Necessary for the promotion of legitimate interest of

institution/students” (unless overridden by rights & interests of lecturer) (DP)

• In general: harder to rely on exceptions in case of external lecturer!

• Permission from students:– Impracticable to get permission from everyone :

• only from those students who are clearly visible at the forefront of the image/individually identifiable

• If not possible: necessary execution contract/legitimate interest??

QUESTIONS?