Elearning alliance copyright-creativecommons-nov 2013

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An introduction to copyright for people creating learning matereials

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  • raises question of image rights and commercial exploitation.
    GM also sued but US courts found in GM’s favour.
    But do you want to fight a lawsuit?
  • Clips 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
  • But let’s apply the Risk Management formula
  • Elearning alliance copyright-creativecommons-nov 2013

    1. 1. Ian Watson Knowledge Media Programme Manager IRISS Copyright, Content Creation and Creative Commons © 2013 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
    2. 2. 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
    3. 3. What is Copyright? ๏ A property right. Gives the holder the right to control: ‣ Reproduction ‣ Creation of derivative works ‣ Distribution of copies ‣ Public performances ‣ Public display
    4. 4. What does it protect? ‣ Literary, dramatic, musical or artistic works ‣ Sound recordings, films and broadcasts ‣ Typographical arrangement of published editions
    5. 5. Copyright protects The expression of an idea Not the idea itself
    6. 6. Why do we have it? To encourage creativity by rewarding creators for allowing society to benefit from their creations.
    7. 7. The copyright bargain ๏ The skill, creative effort, time and money invested in producing material may be wasted if others use or exploit that material without paying the creator. ๏ Gives the author… rights to control the use or commercial exploitation of the work. ๏ This includes rights to authorise or prohibit the copying, issuing of copies, renting or lending, performing, showing, playing, broadcasting or adaptation of the material.
    8. 8. Recap ๏ All work belongs to someone ‣ creator, artist, composer, writer, author or their employer ๏ Copyright is created automatically ๏ Copyright owners have the right to control most uses of their work
    9. 9. Some history…
    10. 10. 1710 The Statute of Anne ‣ Recognised authors as owners and provided a protection period of 28 years.
    11. 11. 1886 Berne Convention ‣ Copyright must be automatic ‣ signatories must recognise the copyright of works of authors from other signatory countries
    12. 12. 1967 -World Intellectual Property Organisation (WIPO) set up ‣ to encourage creative activity, to promote the protection of intellectual property throughout the world
    13. 13. Now ‣ Copyright lasts for life of creator + 70 years
    14. 14. Problems Five minutes to discuss
    15. 15. ➡ Explicit, written permission (a licence) required from the copyright holder if you want to copy, distribute or perform a work ➡ 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 use of works? ➡ Many publications carry no information about permission to copy but depend on widespread circulation to make an impact. ➡ Requesting and issuing licences is time consuming and expensive - lawyers fees!
    16. 16. Legal uncertainty ๏ Exceptions Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’ ‣ But these are narrowly defined ‣ Not possible to issue rules that will apply in all circumstances
    17. 17. ๏ Copyright compliance is a therefore a process: ‣ Identify and understand risk ‣ Minimise risk
    18. 18. Fair Dealing and Fair Use ๏ Fair Use ‣ a doctrine in United States law ๏ Fair Dealing ‣ UK law - no clear definition and more limited than Fair Use - Non commercial research - Private study - News reporting - Criticism or review
    19. 19. Assessing risk 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’ ?
    20. 20. The Hebrew University in Jerusalem owns all rights pertaining to Albert Einstein's estate, including the rights to use his image. The University was awarded £44,000 as compensation for a breach of its intellectual property rights. http://www.timeshighereducation.co.uk/405071.article A furniture company used a picture of Einstein in an advertising campaign. https://commons.wikimedia.org/wiki/File:Citizen- Einstein.jpg
    21. 21. Exercise Discuss use of Einstein’s image in previous slide
    22. 22. Living with risk Risk = A x B x C x D A - the probability that you are infringing copyright B - likelihood the the copyright owner finds out C - the likelihood that they will care enough to take any action D - the compensation they are likely to seek Exercise: Think of some examples and apply formula
    23. 23. I used my Athens login to find a journal article on SSK The article has a great diagram. Can I copy it into my Can I reproduce some of the text from above article in Exercises
    24. 24. I’m preparing a PowerPoint presentation and I would li
    25. 25. I think a few bars of Tina Turner singing ‘Simply the be 1. end a staff development training day and 2. add some life to a video I’m creating. Do I need someone’s permission or a licence?
    26. 26. I would like to include an article and photo from a n Do I need to ask?
    27. 27. Twitter Copyright in Tweets? Copyright in Storify (aggregating Tweets) …you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content and Third Party Content that you make available through the Storify Service or you have all rights, licenses, consents and releases that are necessary to grant to Storify the rights in such Member Content and Third Party Content, as contemplated under these Terms of Service… http://storify.com/tos contract law is often more relevant than copyright la
    28. 28. Discussion ๏Youtube ‣ embedding ‣ downloading ๏Sound recordings ‣ Background incidental music ‣ Soundtracks
    29. 29. Copyright infringment… The biggest threat to an artist is obscurity, not piracy - Cory Doctorow …or piracy?
    30. 30. Contracts / Licensing
    31. 31. Licencing Agencies Copyright Licensing Agency http://www.cla.co.uk/ Newspaper Licensing Agency http://www.nla.co.uk/ PRS for Music http://www.prsformusic.com/ Educational Recording Agency http://www.era.org.uk/ Design Artists Copyright Society http://www.dacs.org.uk/
    32. 32. Alternative licencing schemes Creative Commons
    33. 33. A form of licence in which the author surrenders some but not all rights Commonly used in by software developers Seeks to make source code freely available for others
    34. 34. Creative Commons Offers an alternative to the automatic all rights reserve Dubbed some rights reserved.
    35. 35. ‣ A worldwide system of off-the-shelf licences Specifies what you are willing to allow others to do with your work without asking. You retain copyright (ownership) of your work Free to use Creative Commons
    36. 36. ‣ Frees rights holders and licensees from time-consuming bi-lateral licence negotiations. No troublesome phone calls, letters or 40-page licence agreements requesting use of 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. Benefits
    37. 37. The Six Scottish Licences 1.Attribution (by) ๏ copy, distribute, display, perform the work and make derivative works ๏ must give the original author credit. 2. Attribution-Noncommercial (by-nc) ๏ As above but non commercial uses allowed 3. Attribution-Noncommercial-No Derivative Works (by-nc-nd) ๏ As above but no commercial uses or derivative works allowed 4. 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 licence identical to this one. 5. Attribution-No Derivative Works (by-nd) ๏ As Attribution but no derivatives allowed 6. Attribution-Share Alike (by-sa) ๏ As Attribution but derivatives may be distributed only under a licence identical to this one.
    38. 38. Choose a licence http://creativecommons.org/choose/
    39. 39. Attribution http://creativecommons.org.au/learn- more/fact-sheets/attribution
    40. 40. All about 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 Video http://support.creativecommons.org/videos#wwt
    41. 41. Finding free content - Still images - Music - Video
    42. 42. Still images Flickr Find Creative Commons licensed images http://www.flickr.com/search/advanced Unsplash: 10 free new photos every 10 days http://unsplash.com/
    43. 43. Wikimedia Photographs https://commons.wikimedia.org/wiki/Category:Photogra phs Sound https://commons.wikimedia.org/wiki/Category:Sound Video https://commons.wikimedia.org/wiki/Category:Videos
    44. 44. Creative Commons videos on Vimeo
    45. 45. Audio Soundcloud https://soundcloud.com/groups/creative-commons Free Music Archive http://freemusicarchive.org/curator/Video/
    46. 46. Audio - licensing PRS for Music (licence to use copyright music) http://www.prsformusic.com/Pages/Rights.aspx http://www.prsformusic.com/users/broadcastandonline /onlinemobile/Pages/default.aspx http://www.prsformusic.com/users/broadcastandonline /onlinemobile/Pages/PerformingRightOnlinelicence.as px
    47. 47. Exercise You are a training manager. You are preparing a training course on singing and dementia. You found a report online and would like photocopy several pages to distribute to the participants. Discuss the legal position and the risks you might be taking. http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf
    48. 48. Exercise You are making a multimedia learning object about digital participation. There is a clip on Youtube that would be perfect http://www.youtube.com/watch?v=-7kZj9E3zMI
    49. 49. Consider these questions The learning object might be used offline so you would like to Can you use the embed code?
    50. 50. Downloading from Youtube infringes Youtube T&C https://support.google.com/youtube/answer/56100?hl=en
    51. 51. Exercise Still Images. IRISS collection http://www.flickr.com/photos/openlx Is it wise to use Creative Commons on all our images? Model Releases. IRISS collection http://www.flickr.com/photos/openlx/sets/7215762103899
    52. 52. Top 10 Copyright Myths from the UK Copyright Servic ttp://www.copyrightservice.co.uk/copyright/copyright_my

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