developing e-learning resources: copyright guidelines scd
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2012 DJ
Copyright Guidelines
For Academics and Educational Developers
Workshop Slides 2012
Contributing Lecturer
David Jennings
UCD Teaching and Learning
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[email protected] Teaching and Learning
Copyright Guidelines
for Academics and
Educational Developers
National Centre for Media Production in Higher Education
Task
Individually take a moment
• Write down your understanding of
copyright
– What is it?
– What does it do?
– What does it mean for you!
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National Centre for Media Production in Higher Education
Terminology
• Copyright
– protects creative or artistic works
– You should only copy or use a
copyrighted work with the copyrightowner's permission
http://www.eucopyright.com/en
National Centre for Media Production in Higher Education
Terminology
• Licences
– licence is a permission to use someoneelse’s property
• Cf. assignation / assignment
• Exclusive / non-exclusive
• Perpetual / time-limited
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Conundrum 1
I have found a series of 35mmslides left in the departmentthat would be great to includein my teaching…
Task What does copyright cover?
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National Centre for Media Production in Higher Education
What does Copyright Cover?
• Literature– including novels, instruction manuals,
computer programs, song lyrics,newspaper articles, website contentand some types of database
• Drama
– including dance or mime
• Music
National Centre for Media Production in Higher Education
What Does Copyright Cover?
• Art– including paintings, engravings,
photographs, sculptures, collages,architecture, technical drawings,diagrams, maps and logos
• Layouts used to publish a work, for abook
• Recordings of a work, including sound andfilm
• Broadcasts of a work
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National Centre for Media Production in Higher Education
How long does Copyright last?
• Literary, dramatic, musical, artistic
works: author’s life + 70 years
• Films: life of ‘creators’ + 70 years
• Other works: creation/release + 50 years
• Typography: publication + 25 years
http://www.copyrightservice.co.uk/copyright/
p01_uk_copyright_law
National Centre for Media Production in Higher Education
Conundrum 2
I have a “inherited” apredecessor’s teaching plan(slides, session plans, work
sheets, assessment activitiesetc) and I have to deliver thecourse next week?!
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National Centre for Media Production in Higher Education
Ownership
• General rule the author is the firstcopyright owner
– Where work is made in the course of employment, the employer is the firstcopyright owner subject to agreement tothe contrary
www.intellectual-property.gov.uk
National Centre for Media Production in Higher Education
Task
Take a moment to identify
• What can (should) you not be doing with
copyrighted materials…
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National Centre for Media Production in Higher Education
Restricted Acts
(a) to copy the work
(b) to issues copies to the public
(c) to perform, show or play to the public
(d) to broadcast to the public
(e) to make an adaptation etc
National Centre for Media Production in Higher Education
Conundrum 3
I wish to record my lecturesand distribute them online…
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National Centre for Media Production in Higher Education
Exemptions…
• Fair Use / Fair Dealing
• But how much is fair?
• Importance Vs Quantity
• Specified purpose
• Research or private study
• Criticism or review
• Reporting current events
National Centre for Media Production in Higher Education
Exemptions…
• Educational Usage [s.53]
– In the course of instruction or itspreparation
– For examination
• However– 1 copy only
– Sufficient acknowledgement
– Not available for reprography
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Conundrum 4
I wish to record programmes andredistribute them for review andcritique via our VLE…
National Centre for Media Production in Higher Education
Public Domain?
• Expired copyrighted works
However
• Just because there is no visible licence…
• Just because it is on the internet…– does not mean it is not copyrighted
Q has the copyright been renewed?
Q has the material been donated to the
public domain?
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Moral Rights
• The paternity right
– The right of the creator to be identified
• The right to object to derogatorytreatment of the work
• The right against false attribution
www.mda.org.uk/cbasics.htm
National Centre for Media Production in Higher Education
CLEARANCE PROCEDURES
Things you need to do…
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Guidelines: First StepsAlan Rae* JISCLegal
Separate the materials which are self-written
from those which have third party materials in
them.
Are the third party materials licensed by a
blanket licence – e.g. ICLA?
National Centre for Media Production in Higher Education
Conundrum 5
If I take my own photos of branded products can I use themfor educational presentations ande-learning resources?
If I create a screencast viewingwebsites is that ok too?
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National Centre for Media Production in Higher Education
Guidelines: Licences
Does the licensed material allow for change of
media?
If you have materials which are not covered by
a licence nor by written permission you
therefore have no permission to digitisePermission must be sought from the
rights-holders.
National Centre for Media Production in Higher Education
Guidelines: Clearancewww.Web2Rights.org.uk
Exact details of material you want to use
and for how long?
How you want to use the material,
permitted uses by third parties and for what
purpose?
Description of the target audience and the
service
Description of the method of distribution
and geographical territories to which the
work may be marketed and used.
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National Centre for Media Production in Higher Education
Guidelines: Clearance Protocol
Low risk Vs High risk
*Everything must be confirmed in writing
• Lo – letter of request and assumption of
right to proceed“Unless I do not hear from you within two weeks, I mayassume that you have consented to my request of use of the material as outlined in this letter/e-mail.”
• Hi – Formal licence proceedure
http://wiki.creativecommons.org/
Before_Licensing#Make_sure_you_have_the_rights
National Centre for Media Production in Higher Education
Guidelines: Final Details
If you are unable to digitise because there is nolicence and / or it is difficult to contact therights-holders
Consider alternatives
Ensure that any materials which can belegitimately digitised are accompanied at alltimes by an acknowledgement or source
Consider developing a notice and take downpolicy?
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WHAT ARE CREATIVE
COMMONS LICENCES?
And how might they be of use to me…
National Centre for Media Production in Higher Education
Licencing
• Creative Commons (CC) initiative
– Creative Commons provides tools forgenerating licences to allow discoveryand use of content that an author
wishes to offer for widespreaddistribution free of charge
• Rights assertion Crucial
Halliday L. 2004.
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Using Creative Commons
The Conditions:
– Attribution
– Share Alike
– Non-Commercial
– No Derivatives
Applying Creative Commons
The Licences:
Attribution
Attribution Share Alike
Attribution No Derivatives
Attribution Non-Commercial
Attribution Non-Commercial Share Alike
Attribution Non-Commercial No
Derivatives
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Irish Law
• Ireland: Copyright and Related RightsAct 2000– http://www.irishstatutebook.ie/2000_28.html
• Irish Copyright Licensing Agency Limited(ICLA)
– Digital Scanning And Intranet Extension ForCertain Works Published In Ireland
– http://www.icla.ie/index.php?education_highereducation
• Universities Act 1997, s.14
• Institutes of Technology Act 2006, s.7.