Iain Wallace Spoken Word Services www.spokenword.ac.uk

Why I am here? Bringing the BBC to your iPod: copyright challenges in a global educational context

Bringing the BBC to your iPod:

copyright challenges in a global

educational context

Background Origins as part of JISC-NSF DLIC Programme Partnership with the BBC and Northwestern and Michigan State Universities in US Enhancing learning through provision of access to authentic digital audio and video resources Pedagogy, Content and Tools Multi-disciplinary Based within Learner Support, The Saltire Centre Find us at www.spokenword.ac.uk

Origins as part of JISC-NSF DLIC Programme

Partnership with the BBC and Northwestern and Michigan State Universities in US

Enhancing learning through provision of access to authentic digital audio and video resources

Pedagogy, Content and Tools

Multi-disciplinary

Based within Learner Support, The Saltire Centre

Find us at www.spokenword.ac.uk

The vision ‘ … to provide access to rich, authentic digital audio and video resources for Higher Education’

‘ … to provide access to rich, authentic digital audio and video resources for Higher Education’

The Challenge - to enable international Scholarly Communication - while protecting the rights of those involved in content production

- to enable international Scholarly Communication

- while protecting the rights of those involved in content production

Content Information & Archives inventory 1.5 million items of film and videotape 750,000 radio recordings 3 million photographs 1.2 million commercial recordings 4 million items of sheet music 22 million newspaper cuttings 550,000 document files 20,000 rolls of microfilm 500,000 phonetic pronunciations

Content **** Selection led by pedagogic needs of academic collaborators ****; currently approx 1000 programmes, 600 hours Content primarily but not exclusively from the BBC Radio and Television Archives Focus on Spoken Word material – historical and contemporary news, interviews, politics, etc. Avoidance of drama, music, performance – complex rights issues Initial focus on Humanities and Social Sciences, but discipline range now broad Initial focus on audio only, but now including material from TV archives too

**** Selection led by pedagogic needs of academic collaborators ****; currently approx 1000 programmes, 600 hours

Content primarily but not exclusively from the BBC Radio and Television Archives

Focus on Spoken Word material – historical and contemporary news, interviews, politics, etc.

Avoidance of drama, music, performance – complex rights issues

Initial focus on Humanities and Social Sciences, but discipline range now broad

Initial focus on audio only, but now including material from TV archives too

Content Non BBC materials include a range of recorded materials from GCU and partner institutions Oral history materials Lectures Expert seminars Important institutional events e.g. graduation ceremonies Different licenses used – Creative Commons

Non BBC materials include a range of recorded materials from GCU and partner institutions

Oral history materials

Lectures

Expert seminars

Important institutional events e.g. graduation ceremonies

Different licenses used – Creative Commons

Collaborations

Some examples in practice Towards an international Community of Practice …. - English Language at Bologna - Political Economy at Stirling and Glasgow Caledonian - Social work and Social Policy at Glasgow Caledonian - Anthropology (History of India) at Columbia - History (impact of technology since 1945) at Northwestern - Law and Ethics at Edinburgh - Hospitality Management at Strathclyde - Media Ethics at Glasgow Caledonian (show) - Women in British Politics at Kansas State

Towards an international Community of Practice ….

- English Language at Bologna

- Political Economy at Stirling and Glasgow Caledonian

- Social work and Social Policy at Glasgow Caledonian

- Anthropology (History of India) at Columbia

- History (impact of technology since 1945) at Northwestern

- Law and Ethics at Edinburgh

- Hospitality Management at Strathclyde

- Media Ethics at Glasgow Caledonian (show)

- Women in British Politics at Kansas State

Rights Overview Tactical exploitation of the BBC archive Delivery and implementation - deposit and serving from GCU repository Users and permissions Third party rights and permissions - coping with the 1988 Copyright Act Remaining Challenges

Tactical exploitation of the BBC archive

Delivery and implementation - deposit and serving from GCU repository

Users and permissions

Third party rights and permissions - coping with the 1988 Copyright Act

Remaining Challenges

Tactical exploitation Avoid: music; drama; literature - and poetry Performance rights, publishers, agents, etc. Favour broadcast materials which are at least 50 years old Favour materials from before 1988 Attempt third party clearance.....

Avoid: music; drama; literature - and poetry

Performance rights, publishers, agents, etc.

Favour broadcast materials which are at least 50 years old

Favour materials from before 1988

Attempt third party clearance.....

Agreements Glasgow Caledonian University and the BBC agreed:- A legal Deposit Agreement An informal Memorandum of Understanding Glasgow Caledonian University developed a legal End-User Agreement based on this Deposit Agreement

Glasgow Caledonian University and the BBC agreed:-

A legal Deposit Agreement

An informal Memorandum of Understanding

Glasgow Caledonian University developed a legal End-User Agreement based on this Deposit Agreement

Legal Deposit Agreement BBC retains the rights in ALL materials including metadata Agreement gives GCU WORLDWIDE permissions to display to stream to make downloads for individual study purposes Restrictions Provisional temporal permissions Limited to “educational users” GCU requirement to handle third party rights

BBC retains the rights in ALL materials including metadata

Agreement gives GCU WORLDWIDE permissions

to display

to stream

to make downloads for individual study purposes

Restrictions

Provisional temporal permissions

Limited to “educational users”

GCU requirement to handle third party rights

Spoken Word End-User Licence Agreement Colloquial English - written by a lawyer Users must register and agree to it to access the media Simple password protection End users can link to streams and download; BUT they cannot re-serve these downloaded materials ‘ Normally, this page is filled with incredible amounts of fine print legal mumbo-jumbo. We at the Spoken Word suspect that most of you would rather read this agreement in English instead of “legalese”. With this in mind, our friendly lawyer has written a somewhat non-standard licence agreement … OK, it goes like this… you just accessed our materials archive, for which we are truly grateful (after all, your interest keeps us in business)….’

Colloquial English - written by a lawyer

Users must register and agree to it to access the media

Simple password protection

End users can link to streams and download; BUT they cannot re-serve these downloaded materials

‘ Normally, this page is filled with incredible amounts of fine print legal mumbo-jumbo. We at the Spoken Word suspect that most of you would rather read this agreement in English instead of “legalese”. With this in mind, our friendly lawyer has written a somewhat non-standard licence agreement …

OK, it goes like this… you just accessed our materials archive, for which we are truly grateful (after all, your interest keeps us in business)….’

Radical Active Clearance Procedures Identify, trace and contact third parties Request permissions Present outcomes and request the comments of experts Outcomes Tracing participants We have attempted to trace 659 participants Failed to make contact with 278 Had replies from 250 Currently attempting 131 (46 of these we are in dialogue with) Refusals and confusions Poetry: 14 refusals or acceptable conditions General: 4 refusals or acceptable conditions Confusions: "What did I say? Can I listen to that? etc" "I don't have any rights! Talk to the BBC...“ Permissions 246 signed our permissions form with no reservations or conditions

Procedures

Identify, trace and contact third parties

Request permissions

Present outcomes and request the comments of experts

Outcomes

Tracing participants

We have attempted to trace 659 participants

Failed to make contact with 278

Had replies from 250

Currently attempting 131 (46 of these we are in dialogue with)

Refusals and confusions

Poetry: 14 refusals or acceptable conditions

General: 4 refusals or acceptable conditions

Confusions: "What did I say? Can I listen to that? etc" "I don't have any rights! Talk to the BBC...“

Permissions

246 signed our permissions form with no reservations or conditions

Summary Tactical collection to minimise the risk of breaching rights; A Legal Deposit Agreement to transfer the risk of third party infringement and non-educational use from the BBC to GCU; A User License to place obligations of appropriate and agreed use on those who register to access our materials; A Permissions Letter seeking rights to re-publish from third party participants; Due diligence in seeking out participants; Some indemnity through University insurance; Some protection of the resources by the use of registration with a user name and password

Tactical collection to minimise the risk of breaching rights;

A Legal Deposit Agreement to transfer the risk of third party infringement and non-educational use from the BBC to GCU;

A User License to place obligations of appropriate and agreed use on those who register to access our materials;

A Permissions Letter seeking rights to re-publish from third party participants;

Due diligence in seeking out participants;

Some indemnity through University insurance;

Some protection of the resources by the use of registration with a user name and password

Remaining Challenges Time and expense – comprehensive 3 rd party rights clearance model not easily scalable. Move to ‘cease and desist’ model? Need for better (federated) user authorisation and authentication system – Shibboleth Added value content (repurposing) must be under same legal arrangements and on our servers Storing user generated content? Creative Commons? Are our current procedures sufficient? Questions/Comments?

Time and expense – comprehensive 3 rd party rights clearance model not easily scalable. Move to ‘cease and desist’ model?

Need for better (federated) user authorisation and authentication system – Shibboleth

Added value content (repurposing) must be under same legal arrangements and on our servers

Storing user generated content? Creative Commons?

Are our current procedures sufficient? Questions/Comments?

Further Information Spoken Word Services http://www.spokenword.ac.uk Digital Libraries in the Classroom (including project videos) http://www.jisc.ac.uk/whatwedo/programmes/programme_dlitc.aspx

Spoken Word Services

http://www.spokenword.ac.uk

Digital Libraries in the Classroom

(including project videos)

http://www.jisc.ac.uk/whatwedo/programmes/programme_dlitc.aspx

Contact Iain Wallace Digital Services Development Librarian E: [email_address] T: 0141 273 1901 W: http://www.spokenword.ac.uk

Iain Wallace

Digital Services Development Librarian

E: [email_address]

T: 0141 273 1901

W: http://www.spokenword.ac.uk