FOR AMEE BY: Angela Miller - St George’s, University of London Gabrielle Campbell - AAMC Chara Balasubramaniam - The eViP Programme Ahrash Bissell - Creative Commons Learn Rachel Ellaway - Northern Ontario School of Medicine Terry Poulton - St George’s, University of London Digital content in the academic medicine environment - exemplars from both sides of the pond Background Definitions Work Done Solutions Challenges Way forward

Background Much uncertainty surrounding Intellectual Property Rights (IPR), liabilities and freedom of action using resources in: Education Medicine and healthcare The digital world as a whole – the non-rivalrous challenge Although confusing there are ways to prepare and protect both altruistic and commercial concepts for a greater social good

Much uncertainty surrounding Intellectual Property Rights (IPR), liabilities and freedom of action using resources in:

Education

Medicine and healthcare

The digital world as a whole – the non-rivalrous challenge

Definitions Intellectual Property Rights (IPR) - temporary grants of monopoly intended to give economic incentives for innovative activity. IPR exist in several forms and includes patents, copyrights, and trademarks Copyright “the right to copy” - provides creator of original work with the exclusive rights for limited time-prevents others from copying, adapting, distributing, broadcasting, renting and selling Access rights - the privileges that are granted to a user. A form of license with clear definitions of what is permitted Consent - formal range of permissions from the subject expressed in a written document http://www.virtualpatients.eu/about/example/

Intellectual Property Rights (IPR) - temporary grants of monopoly intended to give economic incentives for innovative activity. IPR exist in several forms and includes patents, copyrights, and trademarks

Copyright “the right to copy” - provides creator of original work with the exclusive rights for limited time-prevents others from copying, adapting, distributing, broadcasting, renting and selling

Access rights - the privileges that are granted to a user. A form of license with clear definitions of what is permitted

Consent - formal range of permissions from the subject expressed in a written document

Work Done Europe

State of play in Europe eViP results from UK, Sweden, Germany, Netherlands, Poland and Romania Harmonisation of European laws exist but incomplete Similarities literary, musical & dramatic work is covered automatic on expression originality & an intellectual creation cannot transfer moral rights ‘droit moral’ Differences duration ownership

eViP results from UK, Sweden, Germany, Netherlands, Poland and Romania

Harmonisation of European laws exist but incomplete

Similarities

literary, musical & dramatic work is covered

automatic on expression

originality & an intellectual creation

cannot transfer moral rights ‘droit moral’

Differences

duration

ownership

Work done Canada USA Europe Canada USA

State of play in North America Similarities literary, musical & dramatic work is covered automatic on expression originality & an intellectual creation Several differences between Canadian and American copyright law Differences Moral rights Duration Fair use vs. Fair dealing Digital enforcement (DMCA in US) Registration options Work for hire: ‘owner’ vs. ‘author’

Similarities

literary, musical & dramatic work is covered

automatic on expression

originality & an intellectual creation

Differences

Moral rights

Duration

Fair use vs. Fair dealing

Digital enforcement (DMCA in US)

Registration options

Work for hire: ‘owner’ vs. ‘author’

Cross-border Similarities and Differences Berne Convention: consistency to the chaos in cross-border copyright Automatic protection upon fixed expression Foreign creators same rights as domestic creators Life plus 50 yrs Differing philosophies: Moral protection of the work vs. economic protection of author US: only moral rights for certain visual artists Types of unauthorized uses permitted (fair use)

Berne Convention: consistency to the chaos in cross-border copyright

Automatic protection upon fixed expression

Foreign creators same rights as domestic creators

Life plus 50 yrs

Differing philosophies: Moral protection of the work vs. economic protection of author

US: only moral rights for certain visual artists

Types of unauthorized uses permitted (fair use)

A solution

Geographical coverage of CC

Challenges to medical education Privacy and Data Protection Personally identifiable pictures or recordings taken in clinical environmentand used as part of the digital educational materials Clinician may receive signed consent from the subject/patient, but how is that information passed with the resource? Where is that consent retained? If it is available how is it interpreted? CHERRI consent and licensing model How candifferent jurisdiction’s various health data protection and privacy laws,which are not subject to an international treaty, be addressed? How can we remove barriers to encourage use and re-use of medical education resources all over the world?

Privacy and Data Protection

Personally identifiable pictures or recordings taken in clinical environmentand used as part of the digital educational materials

Clinician may receive signed consent from the subject/patient, but how is that information passed with the resource? Where is that consent retained? If it is available how is it interpreted?

CHERRI consent and licensing model

How candifferent jurisdiction’s various health data protection and privacy laws,which are not subject to an international treaty, be addressed?

How can we remove barriers to encourage use and re-use of

medical education resources all over the world?

Challenges to medical education Institutional policies regarding ownership of digital materials and the copyright licensing of those materials Is institutional approval required? Under what terms may resources be shared? Challenges on multi-institutional collaborations like eVIP

Institutional policies regarding ownership of digital materials and the copyright licensing of those materials

Is institutional approval required?

Under what terms may resources be shared?

Challenges on multi-institutional collaborations like eVIP

Meeting to take all of this forward After this presentation Today at 6pm in??

After this presentation

Today at 6pm in??