Amee2011workshop

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Workshop held at the Association of Medical Educators in Europe conference, Vienna, 2011

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  • Welcome, thanks for coming, housekeeping
  • In groups of 2 or 3 people, introduce yourself to your neighbour and consider these questions: Where do you get your resources for use in teaching? What do your students do with your resources? (keep copies?) Who owns the resources you create?
  • The background is a huge recent investment in the UK in Open Educational Resources. A one year project we were involved in was one of 29 in the HEFCE (www.hefce.ac.uk) funded UK OER pilot programme which ran March 2009 – March 2010 The projects were administered by the Joint Information Systems Committee (www.jisc.ac.uk)and the Higher Education Academy (www.heacademy.ac.uk). Phase 2 of OER has recently been announced, with an extra 4 millions being committed in a climate of austerity, thus representing a significant policy movement in favour of OERs in the UK.
  • There is definitely an appetite for change
  • There is emerging evidence that 50% of staff time/resources on preparation for teaching can be saved by engaging with OER This rerent blog post sets out come compelling evidence for students using OER and that an OER approach can save time and money. The OU has also published work which indicates that student engage with OER prior to enrolling on the course, and only enrol when they know they can pass – so OER can improve retention rates at University.
  • IPR is made up of Patents, Trade marks, Designs, and Copyright. This presentation focuses on Copyright as the most key IPR relating to OER. The others protect designs, functionality and appearances.
  • Copyright is typically split into OWNERSHIP and LICENCE. Anything which is EXPRESSED (drawn, written, documented) is automatically covered by copyright, whether the author wants it or not. Exceptions include where employees have signed over their rights to their employer. If you tell your friend about an idea that you have had in the pub, and they draw an image of it for you, then they will own the copyright.
  • Economic rights include the rights to financially exploit the creation, and moral rights include the right to have the author ’s name attributed on copies. Authors can (explicitly) waive, assign (as if to a publisher), licence or sell the ownership of their works.
  • Essentially if you re-use materials which are copyright to others then this counts as an INFRINGEMENT and the copyright holder may take you to court. If you re-use something that someone else has breached the copyright of then this is secondary infringement and is just as bad as the original offence. People often download un-attributed materials from the Internet thinking that they are safe to re-use; they are not.
  • There are occasions when you can copy copyright works, for example, if the copyright has expired, if it constitutes ‘fair dealing’, the work is covered by a licence or the author has given their permission (if you have permission then always cite the author and state ‘used with permission’).
  • To obtain permission then contact the author or their publisher (owner of the copyright).
  • Fair dealing does allow some rights to copy copyright works for specific purposes, however this is NOT an excuse for infringing another person ’s copyright. If in doubt, use materials which are licenced or ask for permission.
  • A licence is simply a legal statement saying what you can and cannot do with the copyright works. Some organisations (such as the Copyright Licencing Agency) use licencing schemes (standard legal clauses) which are well recognised. This makes it easier for owners to share, for users to understand the rules of use, and for both parties to observe protocol. Creative Commons provides some well-recognised licencing schemes.
  • The best way to safeguard yourself and your organisation against copyright infringement is to develop appropriate policies, advertise the policy clearly, train everyone in how to implement it, and follow it. For example, if you have a policy which says that ‘this material has been produced to the highest possible ethical standards and anyone with any concerns should contact xxx in writing after which the offending material will be removed within 10 working days pending investigation’. Then if someone contacts you, do what your policy says. Alternatively, you could just increase your annual insurance premiums to give you greater liability insurance in case of a breach (more on risk in a moment). Together with policies you could also use disclaimers: ‘the material provided on this site has been checked according to xxx however no warranties express or implied…’
  • Do you know who owns copyright of the teaching resources you produce? What about your student’s work? If you share, what and how do you do it?
  • One of the conditions of the funding was that we release everything under CC licenses. One of the main characteristics of an Open Educational Resource, is that it has an open license attached to it. These work in addition to existing copyright, which is made up of 2 parts: ownership and licensing. The copyright part deals with ownership – Creative Commons deals with the licensing part, making explicit to users which they can do with the resource and under what circumstances. You always retain IPR. Creative Commons is the licensing regime we were required to apply, but its not the only one. There are others. CC has a range of licenses with varying degrees of which you are allowed to do, and whether or not you can make commercial use of materials. The simplest is attritbution only, the most restrictive is attribution-noncommerical-noderivatives. There are very good reasons you may choose that license – such as if you have material containing data which would be sensitive out of that particular context. We also had to tag everything with ukoer, and deposit materials or metadata into Jorum Open, the national repository at www.jorum.ac.uk Thinking about licensing is something we should be thinking about with all of our resources whether they are going into an open repository or not. If they are being uploaded into a VLE, or if you are distributing them by email, it is likely they are being reshared via email, social networking etc.Making the use of the material and understanding what can and can ’t be done with a resource is therefore essential to all of us. CC makes it easy.
  • Such as ‘by’ attribution only (meaning that others have to acknowledge you as the original author); non-commercial to prevent others from making money out of your copyright.
  • What we need is something that works alongside copyright and licensing regimens to give us something to evidence or give provenance to materials which required consent under data protection law, so that onward transmission sharing and reuse becomes easier, and we can open up more healthcare materials to use as OERs. Consent is a currently a barrier to open release as legacy materials can ’t evidence the consent status of clinical recordings – so we end up with non-commerical no-derivatives licenses as a default rather than a fallback position, where we can apply them. Everyone wants to use more open licenses but needs to be able to evidence consent.
  • While copyright is an automatic right, data protection is better described as a set of principles. Arising from the perspective of patient consent (patient data is classed as ‘sensitive’ under the DPAct1998) for patient materials used in teaching, we argue for additional tools to support consent from people. When creating open educational resources copyright doesn’t quite go far enough to recognise the rights of people who are represented to be respected (whether they have copyright or not). Representation could be a photograph, voice or video recording, data set or patient story. For example, if a person has agreed for their photograph to appear in your open educational resources (they are a student, a member of staff, an actor, etc.), and they pass away, what do you do if their family asks you to take down the OER? (What you are legally required to do may be different to what you would choose to do, in principle). Therefore you are essentially operating ‘policies’.
  • In our field – healthcare education there is a third thing we should be thinking about. A human consent version of a Creative Commons licence would enable much more sophisticated recognition of the role and rights of people (whether they are the ‘creators’ or not) to be treated fairly and with respect. We need new technologies to support the implementation of Consent Commons – such as the ability to inform users that a resource has been updated or ‘taken down’. I was at a meeting yesterday which is bringing together experts to put together a set of principles and a code of practice around consent, and in our OER2 project, PORSCHE, we are working with CC UK and others to put together some ideas around a Consent Commons to complement Creative Commons – making consent in resources.
  • We would like to propose a consent commons to work alongside or with creative commons as a way of demonstrating due diligence in dealing with issues of consent and using patient data sensitively in learning and teaching with specific reference to being able to share.
  • We feel this is something we should all be doing anyway – in the same way we collect and store consent for treatment and research. And in the same way as we reference in publications. It should be as easy and as embedded in practice as that. Its about good practice which is easy and practical to implement. It ’s about covering our backs and trying to think further down the line – making the consent status clear for other users who may use this recording in a different way. What a consent license could do is make the patients rights clear alongside the owner ’s rights.
  • Where do you find your materials? Do you limit your search in any way?
  • The best way to safeguard yourself and your organisation against copyright infringement is to develop appropriate policies, advertise the policy clearly, train everyone in how to implement it, and follow it. For example, if you have a policy which says that ‘this material has been produced to the highest possible ethical standards and anyone with any concerns should contact xxx in writing after which the offending material will be removed within 10 working days pending investigation’. Then if someone contacts you, do what your policy says. Alternatively, you could just increase your annual insurance premiums to give you greater liability insurance in case of a breach (more on risk in a moment). Together with policies you could also use disclaimers: ‘the material provided on this site has been checked according to xxx however no warranties express or implied…’
  • Just as we expect students and junior staff to model professional behaviours in real life, we need them to do the same in the digital environment.
  • No point in blocking social networking sites, or in discouraging natural behaviours – students have to be students as the GMC itself points out Which presents us with somewhat of a dichotomy
  • Managing risk and encouraging good practice Plagiarism well understood Refencing and citation = but that what about acknowledging sources in teaching materials? Where did that image com from? Whose is it? What are the barriers to adopting good practice in learning and teaching? And who is responsible for ensuring we do the best we can?
  • On the website you can find reports, the toolkit – version 3 will be significantly better in terms of the single interface, and available in November 2010. You can find information about OER2, PORSCHE and ACTOR projects, and find an increasing number of case studies – about 10 so far, though we have done about 60. Do get in touch with us and follow us on Twitter…..
  • Thanks for listening….. NOTES Chair of TEL strategy development group at DH is Dr Stuart Charney – elearning simulation and other tel systems. National eLearning Portal Kate Lomax: www.elearning.nhs.uk Forthcoming workshops on copyright and elearning – nb contact kate and see if collaboration useful Is the search on the readiness toolkit available to build services on top of? E.g does it have RSS? Elearning developers network – consent commons? CoP. Resources loads of useful stuff there. NLMS Jo Sidebottom
  • Is this useful? Will you use these tricks? You can filter all Google content by usage rights
  • Amee2011workshop

    1. 1. Share and share alike: using andcreating Open EducationalResources – “teaching materialsfor free?”Suzanne Hardy and Gillian BrownHigher Education Academy SubjectCentre for Medicine, Dentistry andVeterinary MedicineOn behalf of Brown, Greenwood, Hardy, Purcell,Quentin-Baxter & Wood,
    2. 2. Icebreaker
    3. 3. Background£5.7+£4+£4=£13.7 millions
    4. 4. Mitigating risk by adopting good practiceto save time and moneyOER is irrelevant(but a nice by-product )
    5. 5. openeducationalresources.pbworks.com/www.elearningreadiness.org/stemoer.pbworks.com/w/page/6799480/User-Guide-to-OERwww.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/www.medev.ac.uk/ourwork/oer/http://stemoer.pbworks.com/w/page/40417233/Release-Checklist
    6. 6. Sharing openly is good50%www.medev.ac.uk/ourwork/oer/value/• Public money• Transparency and accountability• Equality of access• Increased utility• Increased applications & better retention• Students do use OER and it does savetimehttp://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-turns-out
    7. 7. IPR & COPYRIGHTOpen Educational Resources
    8. 8. Intellectual property rights (IPR)• There are four main types of IP rights– Patents protect what makes things work (e.g. engineparts, chemical formulas)– Trade marks are signs (like words and logos) thatdistinguish goods and services in the marketplace– Designs protect the appearance of a product/logo,from the shape of an aeroplane to a fashion item– Copyright is an automatic right which applieswhenthe work is expressed (fixed, written or recorded)• Copyright, Design and Patents Act, 1988• Copyright arises automatically when an original idea (authoruses some judgment or skill) is expressed/created– www.ipo.gov.ukwww.medev.ac.uk
    9. 9. Who owns copyright?• The owner of the copyright is the person (or persons, ifjointly owned) who created/expressed it, i.e. theauthor (writer, composer, artist, producer, publisher,etc.)– Original literary works such as novels or poems– Original dramatic works such as dance– Original musical works, i.e. the musical notes– Original artistic works such as graphic works (paintings,drawings etc.), photographs and sculptures, includingsound recordings, films and broadcasts– Typographical arrangements of published editions• An exception is an employee who creates a work inthe course of their employment (employer owns)• www.cla.co.ukwww.medev.ac.uk
    10. 10. What rights does a copyright ownerhave?• A copyright owner has economic and moral rights• Economic rights cover copyright owner acts, includingrights to copy the work, distribute (e.g. making itavailable on-line), rent, lend, perform, show, or adapt it• Owners can waive, assign, licence or sell theownership of their economic rights• Moral rights can be waived (but not licensed orassigned) and include the right to– Be identified as the author– Deny a work (that an author did not create)– Object to derogatory treatment of the work• www.cla.co.ukwww.medev.ac.uk
    11. 11. Copyright infringement• It is an infringement of copyright (in relation to asubstantial part of a work) without the permission orauthorisation of the copyright owner, to– Copy it and/or issue copies of it to the public– Rent or lend it to the public– Perform or show it in public– Communicate it to the public• Secondary infringement may occur if someone,without permission, imports, possesses or deals withan infringing copy, or provides the means for makingit• Material found on the internet is subject to copyright• www.cla.co.ukwww.medev.ac.uk
    12. 12. Exceptions• You may copy copyright works if– Copyright has expired (e.g. for literary, dramatic,musical or artistic works = 70 years from whenthe last author dies)– Your use of the work (which must beacknowledged) is fair dealing as defined underthe 1988 Copyright Designs and Patents Act (UK)– Your use of the work is covered under alicensing scheme that you and the copyrightholder have subscribed to– The copyright owner has given you permission• www.copyrightservice.co.ukwww.medev.ac.uk
    13. 13. Obtaining clearance to usecopyright material• For permission to copy, contact the copyright ownerin writing and specify– The material you wish use (title, author name etc.)– The exact content to be duplicated (i.e. page numbers)– The number of copies you wish to make– How the copies will be used (i.e. for an event, course work)– Who the copies will be distributed to (i.e. students)• For most published works this will be the publisher• Permission is needed for each and every purpose• Fees may be charged to copy the item, or foradministering the request to copy the item• www.cla.co.ukwww.medev.ac.uk
    14. 14. Fair dealing• Your use of the work (which must be acknowledged) isfair dealing as defined under the 1988 CopyrightDesigns and Patents Act (UK)– Research and private study– Instruction or examination– Criticism or review– News reporting– Incidental inclusion– Accessibility for someone with, e.g. a visual impairment• There is no simple formula or % that can be applied,fair dealing doesn’t permit internet sharing –insteaduse licenced materials, or ask for permission• www.copyrightservice.co.ukwww.medev.ac.uk
    15. 15. Using licenced works• A licence (a set of rules) describes how copyrightitems may be used by others• Licensing schemes (such as Creative Commons) thatboth authors (owners) and users can access for free– If both sides observe the rules then both parties areinstantly protected– Owners licence others to use their content– Users obey the terms of the licence– Creative Commons provides different licences that can becombined together– Policies can be developed to guide owners what licencesto usewww.medev.ac.uk
    16. 16. Policies, disclaimers and risk• In order to safeguard yourself against litigation forcopyright or data protection (consent) violation– Have a policy/disclaimer– Clearly publish your policy and keep it up to date– Train your staff in the use of the policy– Follow your policy (do what you say you will do)• You may also want a disclaimer ‘this resource hasbeen provided… use it at your own risk. If you haveany concerns about material in this resource…’• Actively manage your risks• Take out liability insurancewww.medev.ac.uk
    17. 17. Reflection
    18. 18. http://creativecommons.org/
    19. 19. www.medev.ac.ukCreative Commons: creativecommons.org/about/licenses/
    20. 20. ©
    21. 21. Consent as distinct from IPR• Defined by the principles in the Data Protection Act 1998and Human Rights Act 1998• Recognises the need for more sophisticatedmanagement of consent for recordings of people (stills,videos, audios, etc.)– Teachers (academics, clinicians, practice/work based learningtutors, etc.)– Students and ‘product placement’ (branded items)– Role players/actors/performers/hired help (including recordingcrew)– Patients/patient families/care workers/support staff/members ofpublic in healthcare settings (sensitive personal data)– GMC review of the guidelines for consent/patient recordingswww.medev.ac.uk
    22. 22. Considerations• People• Patients (children and vulnerable adults)• Dead people/patients (children andvulnerable adults)• Existing recordings (already exist)• New recordings (that you are planning tomake)
    23. 23. GMC guidance• Making and using visual and audio recordingsof patients 2001– Referred to clinical care and research, did notrefer to teaching• Making and using visual and audio recordingsof patients 2011– Does refer to teaching
    24. 24. consentcommonsConsent Commons ameliorates uncertainty aboutthe status of educational resources depictingpeople, and protects institutions from legal risk bydeveloping robust and sophisticated policies andpromoting best practice in managing information.
    25. 25. Consent everything-even where ownership andpatient/non-patient rights appear clear, andstore consent with resourceEngendering trust
    26. 26. http://medicalimages.pbworks.com/
    27. 27. Principles1. Acknowledge that patients’ interests and rights areparamount.2. Respect the rights to privacy and dignity of otherpeople who are included in recordings, such as familymembers and health care workers.3. Respect the rights of those who own the recordingsand the intellectual property of those recordings, andcheck and comply with the licences for use.4. Take professional responsibility for your making anduse of recordings and alert colleagues to their legal andethical responsibilities where appropriate.Email: d.hiom@bris.ac.uk
    28. 28. FINDING OPENLY LICENSEDRESOURCES ONLINEOpen Educational Resources
    29. 29. Reflection
    30. 30. Things to do today: goodpractice with resourcesfor learning and teaching(OER is irrelevant)3
    31. 31. 1Using the Xpert to findresources, including images,sounds and videoswww.nottingham.ac.uk/xpert/
    32. 32. 2Using Flickr advanced search forphotos, diagrams and videowww.flickr.com/search/advanced/
    33. 33. 3Using Google Images advanced searchwww.google.co.uk/
    34. 34. USING ATTRIBUTION TOOLS TOACKNOWLEDGE CREATORSOpen Educational Resources
    35. 35. www.nottingham.ac.uk/xpert/attribution/
    36. 36. Attribution toolshttp://openattribute.com/
    37. 37. Drop down gives HTML or plain text options to copy into your resource
    38. 38. Policies, disclaimers and risk• In order to safeguard yourself against litigation forcopyright or data protection (consent) violation– Have a policy/disclaimer– Clearly publish your policy and keep it up to date– Train your staff in the use of the policy– Follow your policy (do what you say you will do)• You may also want a disclaimer ‘this resource has beenprovided… use it at your own risk. If you have anyconcerns about any material appearing in this resource…’• Actively manage your risks• Take out liability insurancewww.medev.ac.uk
    39. 39. Attribution and disclaimer• This ppt file is made available under aCreative Commons Attribution Share Alike version 3.0 unported.• Please include the following phrase ‘Suzanne Hardy andGillian Brown, AMEE, August 2011, ‘• Users are free to link to, reuse and remix this materialunder the terms of the licence which stipulates that anyderivatives must bear the same terms. Anyone with anyconcerns about the way in which any material appearinghere has been linked to, used or remixed from elsewhere,please contact suzanne@medev.ac.uk who will makereasonable endeavour to take down the original files within10 working days.
    40. 40. MEDEV good practice riskassessment toolkitwww.medev.ac.uk/ourwork/oer/
    41. 41. www.medev.ac.uk/ourwork/oer/
    42. 42. Digital professionalism• To be a digitalprofessional everymember of staff whocontributes tocurriculum delivery, inboth NHS and academicsettings should be ableto identify, model andunderstand professionalbehaviour in the digitalenvironment.CC-BY Official US Navy Imagerywww.flickr.com/photos/usnavy/5509486066/
    43. 43. “many medical students seem unaware of orunconcerned with the possible ramifications ofsharing personal information in publiclyavailable online profiles even though suchinformation could affect their professionallives”Ferdig et al, 2008
    44. 44. “most learners arestill strongly led bytutors and coursepractices: tutor skillsand confidence withtechnology aretherefore critical tolearnersdevelopment”Beetham et al, 2009
    45. 45. • Information/resources increasingly easy to find• Blurring of personal and professional identities online• Increasing need to manage issues of disclosure• Changing public expectations• Misunderstandings of digital spaces• Consequence• Permanence• Lack of understanding of ownershipand licencing in online environments
    46. 46. • Information/resources increasingly easy to find• Blurring of personal and professional identities online• Increasing need to manage issues of disclosure• Changing public expectations• Misunderstandings of digital spaces• Consequence• Permanence• Lack of understanding of ownershipand licencing in online environmentsBy Michael Deschenes (Own work) [Publicdomain], via Wikimedia Commons
    47. 47. – An ‘unconference’: By teachers, for teachers– Focussed on sharing ideas: Practical, helpful,inspiring– Everyone participates– Everyone learns– 2- or 7-minute presentations– Anyone can speak– No obligation to pay attentionWith thanks to Isla Kuhn, @ Cambridge for these slides
    48. 48. http://23thingswarwick.blogspot.com/p/programme-outline.html/
    49. 49. Manage risk by adopting goodpractice• Know how to find appropriately licencedcontent• Use the most openly licenced contentwherever possible• Attribute 3rdparty material• Explicitly attribute your own work withdisclaimer and licence as openly as possible• Pass on good practice to peers and students
    50. 50. Mitigating risk by adopting good practiceto save time and moneyOER is irrelevant(but a nice by-product )
    51. 51. www.medev.ac.uk/ourwork/oer/twitter.com/hea_medevwww.medev.ac.uk/blog/oer-phase-2-blog/http://www.surveymonkey.com/s/PORSCHEsuzanne@medev.ac.uk@glittrgirlgillian@medev.ac.uk@gillybean42
    52. 52. Attribution and disclaimer• This ppt file is made available under a Creative CommonsAttribution Share Alike version 3.0 unported licence.• Please include the following phrase ‘Suzanne Hardy andGillian Brown, AMEE, August 2011, ‘• Users are free to link to, reuse and remix this materialunder the terms of the licence which stipulates that anyderivatives must bear the same terms. Anyone with anyconcerns about the way in which any material appearinghere has been linked to, used or remixed from elsewhere,please contact suzanne@medev.ac.uk who will makereasonable endeavour to take down the original files within10 working days.
    53. 53. The Higher Education Academy OER pages:www.heacademy.ac.uk/ourwork/teachingandlearning/oer/The JISC OER pages: www.jisc.ac.uk/oerThe OER InfoKit from JISC InfoNet:openeducationalresources.pbworks.comThe OER Synthesis and Evaluation Report:www.caledonianacademy.net/spaces/oer/The JISC Legal IPR Toolkit:www.web2rights.com/OERIPRSupport/index.htmlReferences
    54. 54. References• http://www.nottingham.ac.uk/xpert/attribution/• http://ocw.mit.edu/index.htm• http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit• http://www.creativecommons.org• http://wylio.com/• http://openattribute.com
    55. 55. Reflection
    56. 56. http://www.nottingham.ac.uk/xpert/
    57. 57. http://www.flickr.com/search/advanced/
    58. 58. www.google.co.uk
    59. 59. www.nottingham.ac.uk/xpert/attribution
    60. 60. cc: byLeastrestrictiveMostopenMostreusableThis license letsothers distribute,remix, tweak, andbuild upon yourwork, evencommercially, as longas they credit you forthe original creation.This is the mostaccommodating oflicenses offered, interms of what otherscan do with yourworks licensed underAttribution.
    61. 61. Attribution tools• openattribute.com/
    62. 62. Drop down gives HTML or plain text options to copy into your resource

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