managing elearning resources fife mar09
TRANSCRIPT
Managing e-learning resources. Creating, commissioning, and sharing
digital content
Neil Ballantyne & Ian WatsonIRISS
© Institute for Research and Innovation in Social Services.This work is licensed under the Creative Commons Attribution-Non-Commercial 2.5 UK: Scotland License. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc/2.5/scotland
6 March 2009
Workshop Outline • Copyright basics
– Towards a process
• Licensing– Obtaining permission
• Creative Commons– Finding CC content
• Risk management
• Creating content– Audio visual materials
– Commissioning
• Sharing– Standards
– Social media
– Blogs, wikis
Copyright Basics
To encourage creativity by rewarding creators for allowing society to benefit from their creations.
What is Copyright?A property right A bundle of rights, giving the holder
the right to control
• Reproduction
• Creation of derivative works
• Distribution of copies
• Public performances
• Public display
• Literary, dramatic, musical or artistic works
• Sound recordings, films and broadcasts
• Typographical arrangement of published editions
What does it protect?
But only the expression of an idea, not the idea itself.
What’s its purpose?
Copyright Creation and Control
• All work belongs to someone.– Creator, artist, composer, writer, author, or their employer
• Copyright– is created automatically.
– for literary, dramatic, musical or artistic works lasts for 70 years after the death of the author
– for film, sound recordings, broadcasts and typographical layout see http://www.out-law.com/default.aspx?page=5633
Problems for users and creators• To copy, distribute or perform a work you need explicit,
written permission (a licence) from the copyright holder.
• Do you know who owns copyright?
• Does the copyright holder know he/she/it holds copyright?
• Who within in a corporate body is authorised to issue licences?
• Requesting and issuing licences is time consuming and expensive - lawyers fees!
• Many publications contain no information about permission to copy but depend on widespread circulation to make an impact.
Legal uncertainty• Exceptions
– Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’
– These are narrowly defined
• Not possible to issue rules that will apply in all circumstances
• Copyright compliance as a process– Identify risk
– Minimise risk
Fair Dealing & Quotation
The exceptions are quite limited and specific:
• non-commercial research
• private study
• news reporting
• criticism or review
Test your knowledge1. I used my Athens login to find a journal article on SSKS. Do I
need permission to put this article in my VLE? NO!
1. The article has a great diagram. Can I copy it into my training manual without permission?
NO!
1. Can I reproduce some of the text in a learning object? Yes, but…
1. I’m preparing a PowerPoint presentation and I would like to include a photo of the Forth Bridge that I found on the internet. Is that OK?
Maybe
1. I think a few bars of Tina Turner singing ‘Simply the best’ would be a perfect way to end a staff development video I’m creating. Do I need someone’s permission?
Definitely!
1. I would like to include an article and photo from a newspaper. Do I need to ask? Yes!
Towards a Process
5 steps to creating and sharing digital content
1 2 3 4 5
Identify
Select content to be used ‘as is’ or adapted.
Rights
Who owns these materials?
Do you have permission to copy or adapt?
Authorisation
Ensure you own organisation and any third parties have given consent for the proposed use.
Licence
Define theterms & conditions under which others may use of the work.
Share
Digitise and select appropriate distribution channels.
Obtaining Permission
• Otherwise contact rights holder and include as much information as possible
– Purpose• non-commercial, educational use
• will be used by xxx for yyyy
– Distribution• within council / to other organisations / public / worldwide
– Time• as long as possible, preferably perpetual
• Check the document for a statement regarding reproduction:
First published 2005 by the Joseph Rowntree Foundation
All rights reserved. Reproduction of this report by photocopying or electronic means for noncommercial
purposes is permitted.
Sample request for permissionSUBJ: Request for permission to use copyright materialI believe that your organisation holds the copyright for the undernoted reports.
I would like to request your permission to add these report(s) to the Learning Exchange, a digital repository of materials relevant to social services education, training and practice which is managed by the Institute for Research and Innovation in Social Services, a non profit registered charity.
We are seeking a non-exclusive, royalty-free, perpetual world-wide licence to incorporate the Materials into the Learning Exchange. Access to the Learning Exchange is freely available on the web www.iriss.ac.uk/openlx (more information at www.iriss.ac.uk/learnx). Material held in the Learning Exchange may be used only for non-commercial, educational purposes.
You shall at any time be entitled to request that the Institute removes these materials from the Learning Exchange.
I would be grateful if you could confirm that your organisation is the rights holder and that you are authorised to grant the permission sought. If your organization is not the copyright holder perhaps you could refer me to copyright holder.
Exclusive / non-exclusive An exclusive licence means only the licensee may use the work. Non-exclusive means the licensor may licence the work to many licensees.
Royalty-free There is no recurring charge for the use of the materials.
Perpetual There is no time limit attached to the licence. Some licenses may expire after after a specified time.
World-wide territorial rights Some licences may exclude, say, USA and Canada. This is not much use for web based content, which has a global audience.
Non-commercial use The work may not be used primarily for commercial advantage or payment.
Educational use Reinforces the non-commercial condition.
Creative Commons• Off-the-shelf licences that you can attach to your work.
• Copyright remains with the owner, but
• Specifies what others are allowed to do without asking permission.
• CC licences are free to use.
Except for third party materials and otherwise stated, content on this site is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Licence
Video http://creativecommons.org/videos/creativecommons-and-commerce
Example. From Open University OpenLearn
Benefits of Creative Commons• Frees rights holders and licensees from troublesome bi-
lateral licence negotiations.
• You won't get troublesome phone calls, letters or 16-page licence agreements requesting permission to use your work.
• You won't have to spend time contacting copyright holders.
• You won't have to speak to a lawyer every time you want to copy something.
• You can be sure you stay legal.
The Six Scottish Licences Attribution (by)
– copy, distribute, display, perform the work and make derivative works
– must give the original author credit.
Attribution-Noncommercial (by-nc)
– As above but non commercial uses allowed.
Attribution-Noncommercial-No Derivative Works (by-nc-nd)
– As above but no commercial uses or derivative works allowed.
Attribution-Noncommercial-Share Alike (by-nc-sa)
– If you alter, transform, or build upon the work, the resulting work may be distributed only under a identical licence.
Attribution-No Derivative Works (by-nd)
– As Attribution but no derivatives allowed.
Attribution-Share Alike (by-sa)
– As Attribution but derivatives may be distributed only under an identical licence.
http://creativecommons.org/international/scotland/
NSLWG 26
Sample Scottish
Deed
http://creativecommons.org/licenses/by-nc-sa/2.5/scotland
Finding Creative Commons licensed content
http://search.creativecommons.org/
IRISS contentCreative Commons licensedhttp://www.iriss.ac.uk/IRISSlearning
Still imageshttp://www.flickr.com/photos/openlx
Videohttp://www.vimeo.com/iriss
Crown Copyright
Click-use licence http://www.opsi.gov.uk/click-use/index.htm
Click-use is the term used to describe online licences for the re-use of:• Crown copyright information• Public Sector Information• Parliamentary copyright information
Three Click-Use Licences• PSI Licence - covers core Crown copyright information and Public Sector Information.
• Valued Added Licence • Parliamentary Licence
The PSI licence allows you copy or publish material in any medium without formal permission or paying a fee.
Audio and visual materials
Restrictions on the use a/v.
• Phonographic Performance Ltd (PPL)– Performance rights in sound recordings
• Performing Rights Society (PRS)– Performance rights in music and lyrics
• Still and moving images– Model releases– Data protection (image of a person is ‘personal data’)
– Derogatory treatment (use of photo out of context)
RISK Management
The Hebrew University in Jerusalem was awarded £44,000 as compensation for a breach of its intellectual property rights.
The University is the heir and owner of all rights pertaining to Albert Einstein's estate, including the rights to use his image.
A company continued to use a picture of Einstein in an advertising campaign, without permission, and has now been ordered to compensate the rights owner.
http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=405071&c=1
If you use content without permission you could be sued.
Is your use likely to damage the owner’s commercial interests?
Is the owner likely to be ‘pleased or indifferent’ ?
Finding the line between copying and building on existing work
Robert Louis Stevenson – The art of writing http://classiclit.about.com/library/bl-etexts/rlstevenson/bl-rlst-wri-5.htm Photo © Richard Roche http://tinyurl.com/buemyk CC-BY-NC
…stolen waters are proverbially sweet… No doubt the parrot once belonged to Robinson Crusoe. No doubt the skeleton is conveyed from Poe.
I think little of these, they are trifles and details; and no man can hope to have a monopoly of skeletons or make a corner in talking birds.
The stockade, I am told, is from MASTERMAN READY. It may be, I care not a jot.
These useful writers had fulfilled the poet's saying: departing, they had left behind them Footprints on the sands of time…
Rights and Risk ManagementView this multimedia learning object and identify content that would require permission
http://www.iriss.ac.uk/humanrights/
Risk Register
Risk assessmentCommentDetailsContent
© B r id g e m a n A r tG a lle r y
Risk Register
Risk assessmentCommentDetailsContent
© B r id g e m a n A r tG a lle r y
Risk Register
You can use these photos (187754, 137529, 193531, 187727, 159419, 23783) for free your IRISS (Institute for Research and Innovation in Social Services), provided the use is in strict accordance with UN Photo Usage Guidelines: http://www.unmultimedia.org/photo/guidelines.html and each photo is properly credited
© U n it e dN a t io n s
© U n it e dN a t io n s
Commissioning
The Obligations of the Contractor • The Contractor warrants that he/she is the “author” (as defined in Section 9 of the 1988 Act) of the Materials. • The Contractor warrants that the Materials do not infringe the Intellectual Property Rights of any third party. • The Contractor must fully acknowledge all sources consulted and all material reproduced in the Materials and
provide IRISS with a full bibliographic citation and URL for all such sources. • Fees• Commissioner will pay the Contractor the rate of £[ ] (for a maximum of [ ] days.. • Title to rights• In consideration of the fees to be paid by the Commissioner to the Contractor … the Contractor hereby
ASSIGNS to the Commissioner its whole right, title and interest in and to the Intellectual Property Rights in the Materials conceived or made by the Contractor for the Commissioner. Wherever requested to do so, the Contractor will at his/her own expense sign any and all applications, assignments or other instruments which IRISS deems necessary to give effect hereto.
When you ask or commission another person or organisation to create a copyright work for you, the first legal owner of copyright is the person or organisation that created the work and not you the commissioner, unless you otherwise agree it in writing.Intellectual Property Office http://www.ipo.gov.uk/types/copy/c-ownership/c-commissioned.htm
sample contract terms
Creating Content
• Rapid content creation – podcasts– vox pop
• Ensuring you have rights to re-use and publish– Model release
Model Release
Model Release Form The work involves the taking of still photographic images for the purposes of marketing and promoting the educational work of the
Institute.
The Model agrees that the Institute shall own and be entitled to use the resulting images on the following terms and conditions.
This document is an agreement between the Model and the Institute to use images of the Model gathered from the above photographic shoot, for the production and promotion of the above specified project (in all forms and combinations of media) without restrictions on time limits or territories.
Copyright of the photographs will be retained by the Institute. Material generated at this photographic shoot may be freely used, reproduced and distributed by the Institute at its own discretion on such terms as it thinks fit.
The Model hereby irrevocably and unconditionally waives their moral rights pursuant to Sections 77, 80, 84 and 85 of the Copyright, Designs and Patents Act 1988 together with any performer’s rights arising under Part II of said Act and the Model further waives any other moral or performer’s rights provided for under the laws in force or in future in force in any part of the world.
The Institute does not guarantee that any of these photographs will be used and reserves the right to exclude a ‘performance’ entirely from the finished product.
The Model hereby acknowledges and agrees that they do not own copyright in any of the photographs.. Model........................................................... Date..................................................... Producer........................................................ Date.....................................................
Interviewee Release
Interviewee Release Form • This is an agreement between IRISS and you, the Interviewee.• I agree that ISISS may make a video recording of me talking about <SUBJECT>.• The purpose of the video is to record what people think about the <SUBJECT>.• After the conference IRISS will make a short three to five minute video from all
the interviews recorded and put the video on the Internet.• Not all of the video that IRISS records will be used. Some, or all, of my
interview might not be included. This is called editing.• People will be able to see the short video on the open Internet from anywhere
in the world and it will be accessible from the IRISS website.• People will be able to download the video to help them with their jobs and with
learning (that is, the video may be used for educational purposes). It will also be used by people who were not able to come to the event so that they can find out more about what was talked about. No one will be allowed to make any money from the video (that is, it will be used only for non-commercial purposes).
• I agree that IRISS will own the video recording of me talking about the conference and that IRISS may put the video on the open internet for other people to use for educational, non-commercial purposes.
Sharing Content
• Standards• Interoperability• VLEs
– Brightwave – Moodle
Sharing - social media
Social media– flickr– Vimeo– RSS to keep your clients up-to-date
Quality Assurance
Use a spell-checker. Delete postings only in exceptional circumstances. Defamatory comments and spam will be deleted. The blog should be widely accessible, functional and interoperable.
Moderation of group or corporate blogs can be useful to minimise risk and ensure consistency.
Managers should decide if and to what degree moderation might be necessary, remembering that the goal of moderation is "guide and nurture" not "command and control."
Sharing – blogs, wikis, forums
Remember that good practice in the electronic communication is, in principle, no different to good practice in other forms of communication such as writing letters or emails or representing the company at meetings and conferences
And copyright law applies to blogs!• Always attribute• Don’t include images, audio or video without permission
Blogging policyContributing to online communities by blogging, wiki posting, participating in forums, etc., is a good and informal way of engaging with clients, partners and suppliers that also allows employees to express their own personality.
You are encouraged to tell the world about your work, without asking permission first, but as this form of spontaneous communication does carry some risks, you should read and follow this advice.
Review the Process
5 steps to creating and sharing digital content
1 2 3 4 5
Identify
Select content to be used ‘as is’ or adapted.
Rights
Who owns these materials?
Do you have permission to copy or adapt?
Authorisation
Ensure you own organisation and any third parties have given consent for the proposed use.
Licence
Define theterms & conditions under which others may use of the work.
Share
Digitise and select appropriate distribution channels.
Links: Creative Commons
General information about Creative Commons:
http://creativecommons.org
Summary of the six Scottish licences:
http://creativecommons.org/international/scotland/
Sample CC licence deed
http://creativecommons.org/licenses/by-nc-sa/2.5/scotland/
Choose a licence:
http://creativecommons.org/license/
Examples of how each licence works:
http://creativecommons.org/about/licenses
Case studies:
http://wiki.creativecommons.org/License_Examples
Advanced – how to embed creative commons licences in metadata:
http://wiki.creativecommons.org/UsingMarkup
Videos
http://support.creativecommons.org/videos#wwt
Jonathan Mitchell QC talking about the Scottish Creative Commons Licence:
http://www.iriss.ac.uk/node/305
Links
Copyright summary
Intellectual Property Office http://www.ipo.gov.uk/types/copy.htm
Out-Law.com. Copyright law: the basics http://www.out-law.com/default.aspx?page=5633
Keeping up to date on copyright
RSS feed from Out-Law.com http://www.out-law.com/feeds/out-law_copyright.aspx
Crown Copyright
Click-use licence http://www.opsi.gov.uk/click-use/index.htm
Blogging policies Out-Law www.out-law.com/default.aspx?page=7839 Sun Microsystems http://www.sun.com/communities/guidelines.jsp IBM http://www.snellspace.com/IBM_Blogging_Policy_and_Guidelines.pdf UK Web focus http://ukwebfocus.wordpress.com/blog-policies/ Bloggin4business www.blogging4business.info/B4B/1211
BooksCopyright compliance. Practical steps to stay within the law. Paul Pedley. ISBN: 978-1-85604-640-4Facet Publishing, 2008 http://tinyurl.com/bq6alo
Digital Copyright, Second Edition. Paul Pedley. ISBN: 978-1-85604-608-4. Facet Publishing, 2007 http://tinyurl.com/dy4lxr
Managing digital rights, Paul Pedley. ISBN: 978-1-85604-544-5, Facet Publishing, 2005. http://tinyurl.com/dzoudx