Background KM rights management , legal and etch environmin. NOT A LAWYER
Public Domain: Works in the public domain are those whose intellectual property rights have expired, have been forfeited, or are inapplicable. Examples include the works of Shakespeare and Beethoven, The King James Bible, most of the early silent films, the formulae of Newtonian physics, and the patents on powered flight. The term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission.
Does it cover email? Letter to the ditor Implied licenses
Employer – first example of contract law superceding copyright law
There is no strict definition of what this means but it has been interpreted by the courts on a number of occasions by looking at the economic impact on the copyright owner of the use. Where the economic impact is not significant, the use may count as fair dealing. So, it may be within the scope of 'fair dealing' to make single photocopies of short extracts of a copyright work for non-commercial research or private study, criticism or review, or reporting current events. Intellectual Property Office
I copy the findings of a research report produced by a campaigning group, Action for More Cycle Lanes, and include them, with acknowledgement, my website (100% certain this is infringement). I think they could easily find out (90% likely). But I also think they will be happy that I have used the finding to promote their cause (1% likely to take action) And will not seek compensation (0): Risk factor = 100 × 90 x 1 x £0 = 0 Apply the same to a Warner Brothers film clip: Risk factor = 100 ×100 x 100 × £1,000,000 = serious trouble!
I copy the findings of a research report produced by a campaigning group, Action for More Cycle Lanes, and include them, with acknowledgement, my website (100% certain this is infringement). I think they could easily find out (90% likely). But I also think they will be happy that I have used the finding to promote their cause (1% likely to take action) And will not seek compensation (0): Risk factor = 100 × 90 x 1 x £0 = 0 Apply the same to a Warner Brothers film clip: Risk factor = 100 ×100 x 100 × £1,000,000 = serious trouble! Think about other examples: photos. Eg images form popualr
Second example of contract vs copyright law
Importance of attributing your source. Can mitigate. Also accusation of plagiarism
Difference between Piracy and Copyright infringment?
Stories from The Herald. Minister – can a copy a letter to the editor to distribute at parish meeting? Copyright in Letter to the editor – implied licence. Same might apply to emailapplies to email
Copyright What do you think it is? What do think it isn’t? What kinds of material does it cover? What do you think ‘Public Domain’ means?SMALL GROUPS - FIVE MINUTES
What is Copyright?What does itprotect?What’s itspurpose?A property right, 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 editionsBut only the expression of an idea, not the idea itself.To encourage creativity by rewarding creators forallowing society to benefit from their creations.
November 2008Copyright – basic features All work belongs to someone– Creator, artist, composer, writer, authoror their employer Copyright is created automatically Copyright owners have the right to control most usesof their work
Copyright – a tiny bit of historyThe Copyright Act 1710 (The Statute of Anne).Recognised authors as owners and provided aprotection period of 28 years.World Intellectual Property Organisation– created in 1967 "to encourage creative activity,to promote the protection of intellectualproperty throughout the world.”Copyright now: life + 70 years
The copyright bargain The skill, creative effort, time and money invested inproducing material may be wasted if others use orexploit that material without paying the creator. Copyright gives the author … rights to control the use orcommercial exploitation of the work that he or she hascreated. This includes rights to authorise or prohibit the copying,issuing of copies, renting or lending, performing,showing, playing, broadcasting or adaptation of thecopyright material.http://www.out-law.com/page-5633
Problems Explicit, written permission (a licence) required from thecopyright holder if you want to copy, distribute or perform awork Do you know who holds the copyright? Does the copyright holder know he/she/it holds copyright? Who within in a corporate body is authorised to licence the useof works? Many publications carry no information about permission tocopy but depend on widespread circulation to make an impact. Requesting and issuing licences is time consuming and expensive- lawyers fees!
Legal uncertaintyCopyright compliance is a therefore a process:•Identify and understand risk•Minimise riskExceptions•Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’•These are narrowly definedNot possible to issue rules that will apply in all circumstances
Fair Dealing and Fair UseFair Use – is a doctrine United States law, not in UK lawFair Dealing – UK law. No clear definition•Non commercial research•Private study•News reporting•Criticism or reviewBerne Convention (1886). Three step testCopyright exceptions shall:•Be confined to special cases•Not conflict with normal exploitation of the work•Not unreasonably prejudice the interests of the rights holder
•A furniture company used a picture of Einstein in an advertising campaign. •The Hebrew University in Jerusalem is the heir and owner of all rightspertaining to Albert Einsteins estate, including the rights to use his image.•The University was awarded £44,000 as compensation for a breach of itsintellectual property rights. •http://www.timeshighereducation.co.uk/405071.articleRISK MANAGEMENTIf 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’ ?
RISK – manage it Might the rights holder be ‘pleased or indifferent’?Risk = A x B x C x DA - the probability that you are infringing copyrightB - likelihood the the copyright owner finds outC - the likelihood that they will care enough to take any actionD - the compensation they are likely to seek
RISK – ExamplesLet’s apply Risk = A x B x C x D to various casesA - the probability that you are infringing copyrightB - likelihood the the copyright owner finds outC - the likelihood that they will care enough to take any actionD - the compensation they are likely to seekClips from popular TV series – to enliven your Powerpoint-Is classroom use different from putting slides online?Clip from recent blockbuster?Recording of hit song from the radio
ExerciseNSLWG 26I used my Athens login to find a journal article on SSKS. Can I putthis article in my VLE?NO!The article has a great diagram. Can I copy it into my trainingmanual without permission?NO!Yes but...I’m preparing a PowerPoint presentation and I would like to include aphoto of the Forth Bridge that I found on the internet. Is that OK?I think a few bars of Tina Turner singing ‘Simply the best’ would be aperfect way to 1. end a staff development training day and 2. a videoI’m creating. Do I need someone’s permission or a licence?1. Yes2. YesI would like to include an article and photo from a newspaper. Do Ineed to ask?YesCan I reproduce some of the text from above article ina learning object?Maybe
Discussion Copyright in Tweets? Copyright in Storify (aggregating Tweets)NSLWG 26Message: contract law is often more relevant than copyright lawyou represent and warrant that: (i) you either are the sole and exclusive owner of allMember Content and Third Party Content that you make available through the StorifyService or you have all rights, licenses, consents and releases that are necessary togrant to Storify the rights in such Member Content and Third Party Content, ascontemplated under these Terms of Service; ………http://storify.com/tos
Sound recordings Background incidental music? Soundtracks? Example: Sight and Sound projecthttp://sightandsoundproject.wordpress.com/ Use embedded links to Youtube etc attributionNSLWG 26
Licencing AgenciesCopyright Licensing Agencyhttp://www.cla.co.uk/Newspaper Licensing Agencyhttp://www.nla.co.uk/PRS for Musichttp://www.prsformusic.com/Educational Recording Agencyhttp://www.era.org.uk/Design Artists Copyright Societyhttp://www.dacs.org.uk/The biggest threat to an artist is obscurity, not piracyCory Doctorow
Alternative licencing schemesWhat are they?Common Ones Are:Copyleft is a form of licensing andcan be used to maintain copyrightconditions for works such ascomputer software, documents andart.Described as at the forefront of the copyleftmovement, seeking to support building a richerpublic domain by providing an alternative to theautomatic "all rights reserved" copyright, dubbed"some rights reserved.“1Creative Commons1Broussard, Sharee L. (September 2007). "The copyleft movement: creative commons licensing". Communication Research Trends.
Creative Commons A worldwide system of off-the-shelf licences thatyou can attach to your work CC Licence specifies what you are willing to allowothers to do with your work without asking you. CC free to use You retain copyright (ownership) of your work
Benefits Creative Commons frees rights holders and licensees fromtroublesome bi-lateral licence negotiations. You wont get troublesome phone calls, letters or 16-pagelicence agreements requesting use of your work You wont have to spend time contacting copyright holders You wont have to speak to a lawyer every time you want tocopy something You can be sure you stay legal
The Six ScottishLicences 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 onlyunder a licence identical to this one. 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 a licence identical to this one.http://creativecommons.org/international/scotland/
NSLWG 26 November 2007SampleScottishDeedhttp://creativecommons.org/licenses/by-nc-sa/2.5/scotland
Applying a Creative Commons Licence to your workGo to http://creativecommons.org/license/
Useful linksGeneral information about Creative Commons:http://creativecommons.orgSummary of the six Scottish licences:http://creativecommons.org/international/scotland/Sample CC licence deedhttp://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/licensesCase studies:http://wiki.creativecommons.org/License_ExamplesAdvanced – how to embed creative commons licences in metadata:http://wiki.creativecommons.org/UsingMarkupVideohttp://support.creativecommons.org/videos#wwt
Vimeo and royalty free musicNSLWG 26https://vimeo.com/musicstoreAttribution examplehttps://vimeo.com/album/2387391/video/65047594
Flickr and still imagesNSLWG 26Find Creative Commons licenced image shttp://www.flickr.com/search/advancedAttribution examplehttp://creativecommons.org.au/learn-more/fact-sheets/attributModel releases. Subject has agreed the use of the theirimagehttp://www.flickr.com/photos/openlx/sets/Unsplash 10 new photos every 10 dayshttp://unsplash.com/
AudioNSLWG 26Share your sounds and find others on Soundcloudhttp://soundcloud.com/Audioboo http://audioboo.fmSharing and finding audio clipsExcept for content which you upload to the Site, all of the music, photos and materialon this Site (the "Content") is owned and controlled by us or others, including membersof the public. Please respect their interests and rights by not copying or sharing theContent except as permitted on the Site.By Posting, you are authorising and granting to us and (if applicable) the relevantcommercial partner(s) an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to exploit the User Content, in particular by displaying and making itavailable to the public.You will retain ownership of your User Content at all times, except that in certaincircumstances where you have uploaded your User Content to the site of one of ourcommercial partners, that commercial partner will acquire ownershiphttp://audioboo.fm/terms
NSLWG 26AudioPRS for Music (licence to use copyright music)http://www.prsformusic.com/Pages/Rights.aspxhttp://www.prsformusic.com/users/broadcastandonline/onlinemobile/Pages/default.aspxhttp://www.prsformusic.com/users/broadcastandonline/onlinemobile/Pages/PerformingRightO
ExerciseNSLWG 26• You are a training manager.• You are preparing a training course on singing and dementia• You have found a report online and would like photocopy several pages todistribute to the participants• http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf• Discuss the legal position and the risks you might be taking
ExerciseNSLWG 26• You are a training manager.• You are preparing a training course onsinging and dementia• You have found a report online andwould like photocopy several pages todistribute to the participants• http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf• Discuss the legal position and therisks you might be taking
Exercise 2NSLWG 26• You are making a multimedia learning object about digital participation• There is a clip on Youtube that would be perfecthttp://www.youtube.com/watch?v=-7kZj9E3zMIConsider these questions• The learning object might be used offline so you would like to download the videoand add it to the object, and you have found a tool (iLivid) that will do this – is thatOK?• Can you use the embed code?• See http://support.google.com/youtube/bin/answer.py?hl=en&answer=56100CreativeVimeo•Dementia UK’s videos https://vimeo.com/38085132•Download offered.•Is it permissible to download and include in a learning object?
Exercise 3NSLWG 26• IRISS has helped an academic put a research report online• It contains audio and video material created by young peoplewho participated in the research• http://sightandsoundproject.wordpress.com/• What are the copyright issues?• Music with a message• One way track• Music created by the participantsCreative
Exercise 4NSLWG 26• Still Images. IRISS collection http://www.flickr.com/photos/openlx• Is it wise to use Creative Commons on all our images?Creative• No• People: could infringe data protection law• Model Releases.• IRISS collection http://www.flickr.com/photos/openlx/sets/72157621038991784/
Exercise 5NSLWG 26• You have an open plan workspace and you’d like to play music from the radio• Is it that OK?Creative• No• You you need a PRS licencehttp://www.prsformusic.com/users/businessesandliveevents/musicforbusinesses/Pages/default.aspx