copyright and intellectual property rights issues by jeroen verschakelen

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Post on 10-Feb-2015




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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.


  • 1. Copyright and Intellectual Property Rights Issues When using video in education Jeroen Verschakelen
  • 2. The Principle of Copyright
  • 3. The Principle of Copyright
  • 4. The Principle of Copyright
  • 5. The Principle of Copyright = the creator of a work (e.g. video) that is original
  • 6. 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,
  • 7. The Principle of Originality Under Belgian law: Due to a (notable) INTELLECTUAL ACTIVITY, The work reflects its creators INDIVIDUAL PERSONALITY
  • 8. The Principle of Copyright Audiovisual material: the main director, the author of the screenplay, the editor, the composer of original music,
  • 9. The Principle of Copyright
  • 10. The Principle of Copyright
  • 11. Technical necessity The Principle of Copyright Ephemeral recordings News reporting Occasional background information Parody Private copying of audiovisual material Private performance Citation Anthology
  • 12. Exceptions for educational purposes Citation: In accordance with honest professional practices Justified by a legitimate purpose (Mentioning source, incl. authors 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!
  • 13. 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 authors name) Communication to the public No commercial purposes Within normal activities of officially established/recognized institution Limited to closed transmission networks (Normal exploitation + source)
  • 14. 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 schools auditorium Uploading a video onto the school intranet AIME v. UCLA Obligation to pay equitable compensation!
  • 15. Lecture Capture Recording = act of reproduction (copyright) Recording = processing of personal data! Different exceptions apply!!!
  • 16. Lecture Capture Spoken words Copyright Protection of personal data Persons image Right to image Protection of personal data
  • 17. 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??


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