copyright and intellectual property rights issues by jeroen verschakelen
DESCRIPTION
This presentation was given by Jeroen Verschakelen, Expert in ICT law, Belgium on 11 December at the REC:all workshop 2013 "Lecture Capture: Moving beyond the pilot stage: large-scale implementation of lecture capture in European Higher Education" in Leuven, Belgium.TRANSCRIPT
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?