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J Mac Neilage

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    J Mac Neilage J Mac Neilage Presentation Transcript

    • ©OPYRIGHT IN THE DIGITAL WORLD
      University of Ulster
      8th Annual eLearning Conference
      TEL it as IT is: Technology Enhanced Learning
      20 January 2010
      Jim MacNeilage
      Copyright Licensing Agency
    • The Disclaimer
      CLA offers this presentation as general guidance on the principals of Copyright law in the UK. It is not intended as legal advice and should not be taken as such.
      If you require legal advice on any matter you should consult your own solicitor.
      CLA cannot be held liable for any damage however caused by using this material
    • Aims
      • guidance on using works on Internet
      and web based on current copyright law
      • look at some current issues
      • offer some practical advice
      • answer your questions !
    • If it’s © down here … it’s © up there
      Copyright Designs and Patents Act 1988 gives powers to the owner of © to control what others do with their work
      Copyright applies to all areas of technology
      • covers literature, music and artistic works (photographs etc) and databases
      • permission required before copy or work changed
      • copy can be paper …..
      • or digital..
      SO…. If its © down here …………….…….its © up there !!
    • What are the ‘rights’ ?
      Restricted rights that require owner’s permission are: Sec 17 CDPA
      Copy the work
      Rent, lend or issue copies to public
      Perform, show or communicate (inc WWW) the work in public
      Adapt the work
      Moral Rights: Sec 77 CDPA
      – the author of a work, or director of a film have right to:
      Be identified as the author
      To object to derogatory treatment
      Royal Mail –v- Artrepublic, James Cauty (ex KLF) , artist
      Gas mask on Queens image on stamp, Iraq war protest
      ‘Stamps of mass destruction’ June 2003
    • The Future - An evolving distribution and access model
      THE PC
      THE MOBILE PHONE
      E BOOK READERS
      THE BLACKBERRY
      THE PHOTOCOPIER
      1960
      1970
      1980
      1990
      2000
      2010
      I Phone
      THE INTERNET
      THE FAX MACHINE
      VLE
    • Who owns copyright ?
      In general, the person who creates it If co-authored etc, may be joint ownership on agreed %
      except works created as part of employment
      Freelanced or commissioned work belong to author unless contract assigns copyright
      If work contains extracts or copies of a previous work without permission, those extracts will remain property or original author
      Physical ‘ownership’ of a copyright work does not infer control or ownership of the copyright in that work (Reed – v – Nike)
    • What can I do with Digital materials ?
      The ‘Golden Rules’
      You may copy any material if (and to the extent that):
      • You have the © owner’s permission
      • It’s permitted by statute
      (Fair Dealing)
      • Copying other than this is illegal
      both the person pushing the button and the
      institution are liable in law
    • Problems in the Digital environment
      • WWW – what wonderful websites?
      • E-mail – create your own problems
      • CD-ROM – store your own problems
      • Electronic storage – what other way is there?
      • Intranets – as many problems as the Internet, only local
      • VLE – virtual licence to extract ?
      • E-books – too easy books?
    • How do I get permission 1
      Under Statute - Fair Dealing – CDPA 1988 copying a a literary (other than a database), or a dramatic, musical or artistic work for research or private study does not infringe
      • Private study and non-commercial research
      • Criticism or review of the work
      • Reporting current events
      • fair dealing with a database for research or private study does not infringe provided source is indicated
      • If you can access the material lawfully you can FD with it
    • You can only copy a ‘fair amount’ - how much ?
      The copy is for an individuals use and cannot be shared or copied further without permission
      Multiple copies are never Fair Dealing
      Downloading text, image etc from www and placing it on VLE or printing off for use by students is never Fair Dealing.
      Copying from a web site for use on your own site without permission is never Fair Dealing
    • How do I get permission - 2
      • Approach © owner and get permission before copying
      • permission must be in writing (assignation of ©)
      an email is not acceptable in law – arguable ?
      • must be obtained on each and every occasion
      (or get ‘blanket permission’)
      • be very explicit about what you want to do
      Subscriptions to electronic journals etc will carry their own rights and permissions and will vary between publishers
      Looking for a publisher ? try www.pls.co.uk
      For authors try www.alcs.org.uk
      for photographers etc try www.dacs.org.uk
    • Check the copyright notice on www – it may permit, if not email the webmaster and ask (be very specific about what you want) - and keep a copy of all permissions
      Examples:
      Edinburgh Napier University
      This site and its contents are protected by copyright. The web pages may be viewed, printed or downloaded for personal, non-commercial use only. No part of this website may be modified, reproduced, transmitted, published or otherwise made available in whole or in part without the prior written consent of an authorised representative of the University. These terms and conditions are governed by and construed in accordance with Scots Law. If you require to contact us with regard to the website or to use of its content please email internet@napier.ac.uk
      © 2009 The University of St Andrews is a charity registered in Scotland, No SC013532.
    • Copyright Statement
      The University of Ulster website and its contents are protected by copyright.
      The copyright and intellectual property rights of all material held on the University of Ulster website belong to the University of Ulster. All aspects of the website design, text, graphics, databases, underlying source code, software (including applets) and other material on this website are copyright the University of Ulster.
      With the exception of the logo and trademarks, the University allows the copying of material from its website for personal, non-commercial use only. In accessing this website you agree that any downloading or saving of content is for personal, non-commercial use only.
      The reproduction, publication, distribution or broadcast of University of Ulster website material for commercial purposes is forbidden.
      Content must not be altered or adapted in any way and written permission must be sought for the inclusion of content in papers or other publications. If you wish to apply for copyright clearance to reproduce sections of the University of Ulster website content, please contact the University of Ulster Copyright Services Development Officer, copyright@ulster.ac.uk.
    • How do I get permission - 3
      Is the work covered by Creative Commons licence, Govt permissions etc
      Use a licensing scheme (CLA, MCPS etc) to grant a licence
      CLA HE licence grants permissions to make scanned copies from books,
      journals etc for use on VLE’s, in presentations, distance learners etc.
      The CLA Comprehensive Digital Licence grants permissions to copy from
      Electronic journals
      Once you have permission you can do what you want - as long as it stays
      within the permissions granted
      Permission granted to an individual do not extend to colleagues etc
    • Where are the danger areas ?
      Everywhere ! and not limited to……
      Scanners – easy to create copies that can be changed (moral rights) or transferred quickly
      WWW - unlimited source of materials – but whose ©
      - web site may have limited rights to pass on
      - may free to view – but to copy?
      Email – a literary work, with two more more authors
      may contain images, sound files etc
    • Storage devices – complete works can be copied to
      memory sticks, DVD etc
      Intranets / VLE – making a copy available to others
      Technological Protection Measures – watermarks, ‘subscribe to this site ‘ etc – criminal offence to attempt to bypass
      © CLA 2010
    • ‘Web 2’ facebook, twitter, flickr, you tube etc etc
      Remember – ‘Web 2’ is still The Web
      Problems in using such sites:
      Each contributor owns © in their part and a % of the total entries
      A single entry may contain threads from several others with embedded
      third party material from even more e.g. photo’s, spreadsheet’s, sound,
      Video, graphics, literary etc etc
      Who has cleared permissions for use of other works
      Did permission give rights to post to a Web 2 type site
      How do you control such use and protect your institution
      Some sites require you to sign over your ©
      If its © down here...its © up there !! There is no difference
    • Contact: jim.macneilage@la.co.uk
      0131 272 2711
      Licence support material etc - www.cla.co.uk
      Shantilal.shah@cla.co.uk 0207 400 3122