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Ethics and Copyright issues for using Digital Media in Education
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Ethics and Copyright issues for using Digital Media in Education

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Presented at MELSiG event, John Moores University Liverpool, 2011

Presented at MELSiG event, John Moores University Liverpool, 2011

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  • Full Name Full Name Comment goes here.
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  • The first point I want to address is the use of … We’ve all done it and for many of us… Thousands of seemingly relevant results in seconds… Particularly in the case of images and more recently video
  • Search engines will happily point you to material that is protected by copyright Another issue with search engines is that they are not able to show you everything on the internet – a lot of material is held in databases It depends what you’re looking for, but there can be issues with image or sound quality when you choose material found via search engines
  • I wonder about the quality of material being produced by these… Material that may well end up in search results for Mona Lisa
  • Copyright as I’m sure you’re aware is a complex area I’m not a legal expert, so what follows is a brief overview of some of the points to be aware of when choosing material to use in your own work Some of it may seem obvious but it’s worth making explicit here There’s a common assumption … This is not so, copyright exists as soon as a work is created and does not need to be asserted – in other words, it doesn’t need to be registered or have the © symbol
  • Recorded music – you will still need a PRS licence e.g audio tape version of document So, it’s all very complicated – where can we turn for a simpler alternative?
  • Copying for the purposes of instruction The performances of films, sounds recordings and broadcasts may be shown to staff, students on premises for instruction. Similarly, the copies of films, sound recordings and broadcasts may be made for the purposes of instruction in the making of films or film sound tracks. However, any of these can be over-ridden by manufacturers of the DVD either by terms and conditions and technical protection measures. Performing, playing or showing work in course of activities of educational establishment Literary, dramatic or musical works can be performed before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment, during the course of activities taking place at the establishment or for the purposes of instructions. Similarly, the playing or showing of a sound recording, film, broadcast or cable programme before such an audience at an educational establishment for the purposes of instruction would also be covered. Recording by educational establishments of broadcasts and cable programmes Broadcasts or cable programme, or a copy of such a recording, can be made by or on behalf of an educational establishment for the educational purposes of that establishment. However, it is important to stress that this DOES NOT apply if there is a licensing schemes in place. In the UK, there are licensing schemes offered by the Educational Recording Agency (ERA and ERA+) as well as one offered by the Open University. These schemes cover the majority of content likely to be recorded and used by HE and FE institutions, but not all of it. For further information about the licensing schemes, see the JISC Digital Media and Licences paper.
  • Quick reminder of where copyright fits in to family of IPRs …… (Also includes more obscure rights such as: Plant breeders rights Rights protecting semiconductor chips) Note that works are likely to include more than one kind of right This presentation will briefly introduce some of these other rights that you may need to think about. Performers Rights are particularly important to identify and manage regarding media rich content IPRs also includes more obscure rights such as: Plant breeders rights Rights protecting semiconductor chips Relatively new: Artists Resale Royalty Rights (implemented in the UK in Jan 2006) Note that media rich works are likely to include multiple layers of rights There are also Moral rights. These are not strictly speaking property rights, but are closely related It is important to recognise as well that other legal issues are also likely to arise, which we will cover in more depth later this morning
  • Employers will own the copyright in work created by employees – this will not include: students; volunteers, interns, external researchers, staff on sabbatical etc
  • Freelancers, consultants and third party contractors will own the copyright in the works that they produce unless there is a contract in place to the contrary. Examples of photographers being paid to take photographs, but because they would automatically own the right in the photos, Photos can’t be reproduced unless permission has been sought (or rights assigned)
  • ‘ Copyright free’ is commonly used, but it’s better to be precise. Copyright protection is automatic
  • Notes: Right of paternity and right against false attribution must be asserted Last for 70 years Exist independently to copyright Can not be sold of licensed……although they can be waived (even verbally) After death they become part of estate Is ‘overcompression’ of jpegs derogatory treatement? (NB in recent discussion over copyright licensing, some rights holders argued that poor quality thumbnails infringed their moral rights)
  • Vital to recognise performers rights when dealing with audio and film such as podcasts and recordings of teaching staff and students Term of performers’ rights currently being discussed at Europe with possible extension of term to date of creation plus 70 years
  • Thankfully there are works which creators and owners are happy for you to use…
  • This where Creative Commons can be useful
  • You might have heard of CC, but what exactly is it?
  • There are four licence conditions that sit between … These are the four that are used in combination The most basic is Attribution, where the owner allows Others allow you to use the work non-commercially, or as long as you don’t make derivs – collage Share Alike means anything you create needs to be licenced in the same way
  • Not because they are being malicious, they don’t understand the system
  • Let’s now look at some useful sources of free-to-use (and nearly free-to-use)…
  • Well, here’s a quick checklist:

Ethics and Copyright issues for using Digital Media in Education Ethics and Copyright issues for using Digital Media in Education Presentation Transcript

  • Ethics and Rights issues in using digital media for teaching and learning
  • "Trust and personal sense of security is important for learners. Learning is an act of vulnerability. Given the somewhat intense flame-wars that arise online or the rude level of discourse (have a look at comments on any popular YouTube video) in forums, feelings of vulnerability trump participation." Downes, 2009
  • Ethics...
    • Respect for persons
    • Doing good for the learner
    • Preventing harm
    • Being fair and just
  • Ethical Checklist
    • Have you fully explained how you intend to use the resource with those who are portrayed or perform?
    • Are there any areas where people you are recording can be deemed as vulnerable, e.g. detailing personal experiences or discussing sensitive issues?
    • Are there any views or opinions expressed which may later reflect badly on the person speaking or that may be deemed as offensive?
    • Does any content discredit or diminish the works of others?
      • JISC DIGITAL MEDIA – ’Copyright and other rights for creating time-based media resources’
  • Copyright and other IPR Why should we bother?
  • Why should we bother?
    • Avoid prosecution
  • Why should we bother?
    • Avoid prosecution
    • Respect the rights of others
  • Why should we bother?
    • Avoid prosecution
    • Respect the rights of others
    • Setting an example to students
  • Why should we bother?
    • Avoid prosecution
    • Respect the rights of others
    • Setting an example to students
    • ‘ Sharing is love’!
  • What’s wrong with Google (and other search engines)?
  • What’s wrong with Google (and other search engines)?
    • Copyright issues
    • Access to content in databases
    • Image/sound quality
  •  
  • Copyright in a (very small) nutshell
    • Just because it’s on the web, doesn’t mean you can use it
    • Works are inherently copyright- protected when created, the rights usually belonging to the creator
  • Copyright exceptions
    • Permitted uses or ‘fair dealing’
      • Teaching in educational establishments (non-reprographic copying; exams; performing or showing for ed purposes)
      • Non-profit playing of recorded music
      • Helping visually impaired people
      • Buildings, sculptures, works of artistic craftsmanship in public places
  • Educational Exceptions
    • Performances of films, sounds recordings and broadcasts may be shown to staff, students on premises for instruction.
    • Copies of films, sound recordings and broadcasts may be made for the purposes of instruction in the making of films or film sound tracks.
    • Copying for the purposes of examination in an authorised educational establishment
    • Performing, playing or showing work in course of activities of educational establishment
    • Recording by educational establishments of broadcasts and cable programmes under conditions of authorised licences
  • Family of IPRs … and others, including Moral rights
  • Who Owns the Copyright ? Employees or employers? Photo by Mike Monteiro on Flickr - used under a Creative Commons Licence
  • Who Owns the Copyright ? Students or institutions? Photo by Sarah Ross on Flickr - used under a Creative Commons Licence
  • Who Owns the Copyright ? Commissioner or freelancer? Photo by billwmsu on Flickr – used under a Creative Commons Licence
  • Copyright Ownership
    • No such thing as original material which has been created without copyright, someone will own it…..
      • Author or creator
      • Employer if within job contract
      • Freelancers or commissioned party
      • Multiple rights holders
    • However , the rights may then be:
      • Sold, assigned
      • Licenced (exclusively or non exclusively)
      • Waived
      • Bequeathed
      • Expired
  • Moral Right
    • Introduced in 1988, provides:
      • Right to be identified as author (paternity)
      • Right not to have work falsely attributed (false attribution)
      • Right to object to derogatory treatment (integrity)
      • Right to privacy for private films and photographs (privacy)
  • Performance Right
      • Include dramatic (incl. dance, mime) musical, reading, or lecturing
      • Separate to the copyright of the work
      • Examples include digital film and audio
      • Consent needed from every performer – can be verbal
      • Rights last for 50 years from performance or release of recording
      • Copyright of a recording
      • Examples include digital film and audio
      • Basis of exclusive ‘recording contract’
      • Consent needed from individual who physically manned the recording (engineer or producer)
      • Rights last for 50 years from performance or release of recording
    Recording Right
  • Clearing rights
  •  
  •  
  • Creative Commons
    • Licensing system developed to help make works available for free and legal sharing, use, repurposing, and remixing
  • Creative Commons Copyright - All rights reserved Public Domain - No rights reserved Non-commercial No derivative works Share alike Attribution The four licence conditions, used in combination Some rights reserved
  • Warning!
    • Not uncommon for people to upload work that is not their own and make it available under Creative Commons licences
    • Up to you to evaluate the work you find
  • Sources of free-to-use images, video and audio
    • JISC Collections
    • Creative Commons and other ‘free’ collections
    • Not quite free: low-cost collections
  • Checklist for using copyright works
    • Only use if:
      • You own the rights
      • The rights holders give you permission
      • The rights have expired
      • Under the copyright exceptions
  • Mr Justice Laddie
    • “… the fact that our system of communication, teaching and entertainment does not grind to a standstill is in large part due to the fact that in most cases infringement of copyright has, historically, been ignored…”
  • Further information and links
    • Finding Video, Audio and Images Online www.jiscdigitalmedia.ac.uk/crossmedia/advice/finding-video-audio-and-images-online/
    • Finding Subject-Specific Digital Media Resources
    • www.jiscdigitalmedia.ac.uk/crossmedia/advice/ finding-subject-specific-digital-media-resources/
  • Further information and links
    • Online Tutorials:
      • Internet for Image Searching
      • www.vts.intute.ac.uk/tutorial/imagesearching/
      • Internet for Video and Moving Images
      • http://www.vts.intute.ac.uk/tutorial/video/
      • Internet for Audio Resources
      • http://www.vts.intute.ac.uk/tutorial/audio/
  • Image credits Photo by sergeymk on Flickr Used under a Creative Commons licence flickr.com/photos/sergeymk/25518825/ Photo by Dorothea Lange From Library of Congress on Flickr The Commons No known copyright restrictions flickr.com/photos/library_of_congress/3549663710/ Photo by mollybob on Flickr Used under a Creative Commons licence flickr.com/photos/shelleygibb/2700442833/ Photo by tidefan on Flickr Used under a Creative Commons licence flickr.com/photos/thebirdwells/2721654446/ Photo by Eisenheim on Flickr Used under a Creative Commons licence flickr.com/photos/criminologue/4385707164/ Photo by Cosmic Jans on Flickr Used under a Creative Commons licence flickr.com/photos/cosmicjans/331357777/ Photo by Pedro Moura Pinheiro on Flickr Used under a Creative Commons licence flickr.com/photos/ pedromourapinheiro/4377875589/ Photo by macca on Flickr Used under a Creative Commons licence flickr.com/photos/macca/401829244/
  • Thanks Joel Eaton [email_address] Website jiscdigitalmedia.ac.uk Helpdesk jiscdigitalmedia.ac.uk/helpdesk Mailing list jiscdigitalmedia.ac.uk/mailing-list Twitter twitter.com/jiscdigital Contact info@jiscdigitalmedia.ac.uk or 0117 331 4447