Chris Morrison Copyright and Licensing Compliance Officer ELearning

Chris Morrison – Copyright and Licensing Compliance Officer E-Learning Summer School Copyright and E-learning 5 September 2013

Contents 1. What is copyright, what does it cover and how does it work? 2. Related rights 3. Copyright infringement risk in education 4. Use of copyright material at Kent 5. Licences and permission 6. Creative Commons 7. Copyright in digital contexts Page 2 Copyright E-learning Forum 4 July 2013

• A type of “Intellectual Property” covering creative works Others include: • Design rights • Patents • Performance rights • Database rights • Trade secrets (confidentiality) • Moral rights Page 3 Copyright E-learning Forum 4 July 2013 Image: Alan Cleaver www. flickr. com/photos/alancleaver/4105747756/ What is copyright?

Copyright and Related Rights Page 4 Copyright E-learning Forum 4 July 2013

Copyright Restricted Acts Under the CDPA 1988 the owner of the work has the exclusive right: a) to copy the work b) to issue copies of the work to the public c) to rent or lend the work to the public d) to perform, show or play the work in public e) to communicate the work to the public f) to make an adaptation of the work or do any of the above in relation to an adaptation Page 5 Copyright E-learning Forum 4 July 2013

Exceptions • Fair Dealing • Non-commercial research & private study • Criticism and review • Parliamentary and judicial proceedings • Education • Non-reprographic copying • Examinations (includes theses and dissertations) • Libraries and Archives • Disability and Accessibility Page 6 Copyright E-learning Forum 4 July 2013

Copyright as Property n Has an “owner” n Page 7 Copyright E-learning Forum 4 July 2013 May be “bought”, “sold” or “rented”

Who owns the rights? Employer • Work produced by staff ‘in the course of employment • Work not related to role • Teaching material • Performers’ rights in performances • Film and sound recordings created ‘in the course of employment’ Page 8 Employee Copyright E-learning Forum 4 July 2013 • Scholarly works

Moral Rights Relate to a creator’s personality as expressed in his or her work. • Attribution - the right to be identified as the author • Integrity – to object to derogatory treatment of the work It must be asserted Duration is the same as that for copyright Page 9 Copyright E-learning Forum 4 July 2013

Performers’ Rights Arises automatically on recording Lasts for set duration of 50 years from the date of performance Provides monopoly rights to owner, with some ‘exceptions’ Page 10 Copyright E-learning Forum 4 July 2013

Database Rights • Copyright and Rights in Databases Regulations 1997 • A collection of independent works, data or other materials which are arranged in a systematic or methodical way and are individually accessible by electronic or other means. • Databases created on or after 1 January 1983 • Requires a ‘substantial investment in obtaining, verifying, or presenting the contents of the database. ’ • Restricts unauthorised extraction or re-utilisation of all or a substantial part of the contents of a database. • Protection lasts for 15 years Page 11 Copyright E-learning Forum 3 July 2013

Summary of theory Copyright – covers all ‘fixed’, original creative works Some instances where you can do some things Related rights – moral, performers, database Restrictions on what you can do without permission All of which has become really important in a digital context Page 12 Copyright E-learning Forum 4 July 2013

Examples • • Page 13 Software § Typically £ 20, 000 to £ 50, 000 per institution for use of unlicensed software Commercial photograph Gallery § £ 600 -£ 1500 per image Uckfield College § £ 23, 000 for posting copyright material on website College online marketing course § Lack of awareness of copyright Copyright E-learning Forum 3 July 2013

So when can you use copyright material? • • Page 14 If copyright has expired If you, or your organisation hold the rights If you have permission from the rights holder If you are relying on a legal defence Copyright E-learning Forum 4 July 2013

Copyright Duration Many different durations but the most relevant are: • Published literary, artistic, musical or dramatic works – 70 years following death of the author • Unpublished literary, artistic, musical or dramatic works – either 70 years following death of the author or until 31 December 2039 (whichever is later) • Crown copyright – usually 50 years after creation or publication Page 15 Copyright E-learning Forum 4 July 2013

Licences • • • Page 16 Blanket licences such as CLA, ERA, PRS for Music and NLA Individual resources’ or software’s terms and conditions Specific permission acquired from creator/rights holder Open Government Licence Creative Commons Licences Copyright E-learning Forum 4 July 2013

Licences Body Class of work What is allowed CLA (Copyright Licensing Books, magazines Agency) Limited copying and use on VLE ERA (Educational Recording Agency) UK TV broadcasts Recording and storage – Bo. B NLA (Newspaper Licensing Agency) Newspapers, magazines Press clippings DACS (Design and Artistic images Artists Copyright Society) (including photos) Reproduction of artistic works PRS for Music/PPL Musical works / sound recordings Public performance, audio products, online services Filmbank, MPLC Feature films Showing film/TV in noneducational context Page 17 Copyright E-learning Forum 4 July 2013

E-resource licences Harvard Business Review Notice of Use Restrictions, May 2009 Harvard Business Review and Harvard Business Publishing Newsletter content on EBSCOhost is licensed for the private individual use of authorized EBSCOhost users. It is not intended for use as assigned course material in academic institutions nor as corporate learning or training materials in businesses. Academic licensees may not use this content in electronic reserves, electronic course packs, persistent linking from syllabi or by any other means of incorporating the content into course resources. Business licensees may not host this content on learning management systems or use persistent linking or other means to incorporate the content into learning management systems. Harvard Business Publishing will be pleased to grant permission to make this content available through such means. For rates and permission, contact permissions@harvardbusiness. org. http: //web. ebscohost. com/ehost/external? sid=01310 f 62 -91 eb-41 b 7 -8 eb 2 fb 2924 b 6 cc 2 b%40 sessionmgr 15&vid=2&hid=22 Page 18 Copyright E-learning Forum 4 July 2013

Software Licences E. g. Eduserv CHEST Arc. GIS agreement (extract): http: //www. eduserv. org. uk/lns/agreements/esri-2011#licenceinformation Page 19 Copyright E-learning Forum 4 July 2013

Creative Commons http: //creativecommons. org Page 20 Copyright E-learning Forum 4 July 2013

Creative Commons • Wikipedia http: //en. wikipedia. org/wiki/Main_Page • Al Jazeera http: //creativecommons. org/tag/al-jazeera • Europeana http: //www. europeana. eu/ • Open Access http: //en. wikipedia. org/wiki/Open_access Page 21 Copyright E-learning Forum 4 July 2013

Copyright in some digital contexts: • • Page 22 Power. Point presentation Open website (institution or organisation) Moodle (subject to CLA terms) Academic Repository Copyright E-learning Forum 4 July 2013

Power. Point Risk based decision: • • Page 23 Used only at teaching event? Posted in VLE? Recorded on Panopto? Posted online? Copyright E-learning Forum 4 July 2013

Open Web Page 24 Copyright E-learning Forum 4 July 2013

Moodle • • Page 25 CLA licence terms Fair dealing or educational instruction exceptions may or may not apply (e. g. examinations) Copyright E-learning Forum 4 July 2013

Academic repository • • Page 26 Published articles Theses Copyright E-learning Forum 4 July 2013

Web 2. 0 • • Page 27 Collaborative International Ubiquitous Little understood (from the copyright perspective) Copyright E-learning Forum 4 July 2013

Risk Management • • Page 28 Due diligence Notice and takedown Copyright E-learning Forum 4 July 2013

Questions copyright@kent. ac. uk Page 29 Copyright E-learning Forum 4 July 2013