Teaching skills workshop_newcastle_july_2011


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Slides used at teaching skills for medical and dental teachers, July 2011, Newcastle University.

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  • Welcome, thanks for coming, housekeeping
  • In traditional fashion let’s go round the room, and say who we are, where we are from and what you are hoping to get out of the day.
  • How many of us are pirates? We all know people who take materials they find on the internet and use them in their learning and teaching resources…. 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? Today we are going to examine why we should stop doing that, and look at some tools to help us change our practice, and start doing things differently from today.
  • 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.
  • What are we talking about? This is my favourite definition – there are a lot of definitions
  • 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.
  • New teachers taking over courses can save time if they know they can reuse the materials created by their predecessor….
  • Of course many HEIs will already have some kind of institutional repository, but we had outlined an API toolkit in our original plan and as APIs to many web 2.0 services are so readily available nowadays, and because we had recently recruited a great developer, we decided to have a go at a mashup of a number of APIs. The idea was to be able to make the process of putting your stuff out there, and enabling people to find it, as easy as possible, using only one form and one one interface….. James has a proof of concept using Picasa, YouTube, Delicious and Twitter working so far. Some other services are proving a bit more tricky because of the time it take to process the files when uploading them – e.g. Slideshare but we are still working on it. We think its going to be useful for the Subject Centre anyway, and know that the CORE materials project in Liverpool has been doing something similar..
  • There is definitely an appetite for change There are more and more tools to help make sharing openly easier and easier. Creative Commons licensed content is awesome, but attributing it properly can be difficult and confusing. The first rule for re-using openly licensed content is that you have to properly attribute the creator. There are specific requirements for what needs to go into that attribution, but those requirements can be confusing and hard to find. The solution: A simple tool everyone can use to do the right thing with the click of a button. That’s why we’re building Open Attribute, a suite of tools that makes it ridiculously simple for anyone to copy and paste the correct attribution for any CC licensed work. These tools will query the metadata around a CC-licensed object and produce a properly formatted attribution that users can copy and paste wherever they need to.
  • 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.
  • One of the defining characteristics of OERs is that educational materials which have an open licence attached to them. There are several forms of open licence, of which Creative Commons is one. Probably the best known. Open educational resources are inextricably bound up with intellectual property issues, as most educational content is protected under conventional copyright terms that must be honored. Creative Commons , an organisation that provides ready-made licensing agreements that are less restrictive than the "all rights reserved" terms of standard international copyright , is a "critical infrastructure service for the OER movement.
  • 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.
  • 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.
  • 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
  • Think of job applications – should we be testing all new staff? IT and clerical staff are tested for their ability to preform the tasks required of their job. Should we make academics carry out an information retrieval exercise? Should we make them do a blog post or Tweet something? Networking and collaboration are essential to teaching, research and personal development. Is it acceptable to push social media to one side? Thinking about UKOER – the most successful projects seem to be the ones who engage fully with social media…. Do we tacitly accept that when an applicant says they use social media, that they actually do? As a personal tutor, do I eally need to know HOW to change privacy settings on Facebook? Whose job is it? Are these basic things part of, underpinning information literacy?
  • Is this useful? Will you use these tricks? You can filter all Google content by usage rights
  • 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’.
  • JW Then SH Here is the problem. OERs move across clinical and academic settings. The same person might be making and delivering materials. They may be, or the recordings used within them are collected by clinicians under rigorous guidance both at a national (GMC) level and a local trust of health authority level. When these materials are then delivered in an educational event in an academic setting things can go awry. This slide illustrates one of the things that is special to our project and other healthcare projects: Where we have clinicians who are paid by the NHS, who create materials in clinical settings, but deliver them in academic settings under an honorary contract with the university but who are not paid by that university Where then does risk and responsibility lie? Enlarging on this a bit further, what we have on the left is a very clear process for taking cosent for using recordings within a clinical setting for treatment, research and ‘ local ’ education. On the right however, we then wish to re-use images and incorporate them into VLEs, share materials, etc. But no evidence of consent, we don ’ t have access to the patient record. And so the location of risk is unclear. What we do know is that both the clinical organisation and the academic organisation both want to do what is right. It is not clear where the responsibilities of the clinical setting end – what happens once images left their patch? On the other side, universities are beginning to be aware of their responsibilities but have no mechanisms to handle them But all want to do the right thing. Mobilty of image around the world and the fact that resources are being shared whether they were intended to be shared or not Universties are not aware of their responsibilities in this setting Doctors want to do it properly Universities want to do it properly No mechanism is currently in place to support them doing that
  • 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…’
  • A cross the UK staff and students are already uploading teaching and other materials to the Internet/web, especially to social networking sites. Failure to follow best practice doesn ’ t mean that you can ’ t do it, it just means that you need more insurance. If you have deep pockets and have little conscience you can put materials up, and wait for lawyers to get in touch. The ‘ best practice compliance ’ table developed in the OOER project was developed to assist institutions to understand how their policies measured up, in order to safeguard themselves from litigation brought against them, and also to establish their own rights in relation to their own copyrights. It is intended as a guide only and legal advice should be sought by those wishing to adopt good practice risk-management policies.
  • These are only a few of the many recommendations, but they are the ones which we want to highlight to you . We really need institutions to use CC licences on their works, to clarify exactly who owns what and how it may be used. Institutions frightened of giving away the ‘crown jewels’ may be perfectly happy with releasing up to 75% of a module or programme (which may still be useful to others). To protect ourselves and our colleagues into the future we need sophisticated searching (reputation based materials) and take down policies. We would like to know that staff can be rewarded for getting involved in this, as contributors and users of other people’s resources. We also had many recommendations for JorumOpen (the national repository) who we were working with to implement as many as we can.
  • 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’.
  • SH 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.
  • JW The OOER project recommended just getting consent – and then we are clear. SH 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.
  • 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.
  • LliDA report
  • In one respect Its about assessing and managing risk – what are the threats?
  • This was the wording from a recent JISC digital literacies call
  • 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
  • Base level – understanding Then can move on to developing skills and competences Then enabling the individual to act professionally But information literacy often the only place it is formally addressed, and then siloed into library skills – and as we heard yesterday, students seem unaware of whay they are learning these skills
  • This raises some interesting points – IS there in fact a difference? We had an interesting debate on Twitter a couple of weeks ago which led to a longer Skype discussion between me, Natalie Lafferty at Dundee and AnneMarie Cunningham at Cardiff, who argued that Uni and NHS policies and procedures can already cope with this, which they may very well be able to do, but enacting good practice and offering guidance with the addition of permanence is challenging.
  • A TeachMeet is an organised (but informal) meeting (in the style of an unconference) for teachers to share good practice, practical innovations and personal insights in teaching with technology. Participants volunteer to demonstrate good practice they've delivered over the past year, or discuss a product that enhances classroom practice. TeachMeet events are open to all and do not charge an entry fee. Cake helps (for librarians anyway)
  • Would it be appropriate to start to think about a 23 things for ethics in social media?
  • 3 scenarios Full live cross search – fits in with ACErep project in Leeds Metadata exchange, search from entry website, only have to negotiate N3 gateway if need to download materials. Content package exchange – have everything in Jorum accessible from eLearning Repository and vice versa. No need to negotiate gateway.
  • Malcolm Teague from the NHS-HE forum, is helping us with questions of access, authentication and authorisation across N3 and JANET.
  • 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…..
  • Teaching skills workshop_newcastle_july_2011

    1. 1. Sharing sustainable learning and teaching resources Suzanne Hardy Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine University of Newcastle
    2. 4. Learning outcomes <ul><li>Be able to confidently use resources such as images and resources from the internet and elsewhere, attributing content creators (copyright owners), when creating teaching and learning resources </li></ul><ul><li>Understand the difference between copyright ownership and licencing and how to use resources shared under licence </li></ul><ul><li>Be able to clearly indicate the copyright status of any works you have created using an appropriate Creative Commons licence </li></ul><ul><li>Be aware of how to deal with consent issues in using patient data in learning and teaching resources </li></ul><ul><li>Exemplify best practice in ‘digital professionalism’ and manage risks when creating sustainable teaching resources </li></ul>
    3. 5. Icebreaker
    4. 7. Background £5.7+£4=£9.7 millions (and another £4 millions)
    5. 8. &quot;digitised materials offered freely and openly for educators, students and self-learners to use and reuse for teaching, learning and research” Hylén, Jan (2007). Giving Knowledge for Free: The Emergence of Open Educational Resources . Paris, France: OECD Publishing. p. 30
    6. 9. Sharing openly is good <ul><li>50% </li></ul>www.medev.ac.uk/ourwork/oer/value/ <ul><li>Public money </li></ul><ul><li>Transparency and accountability </li></ul><ul><li>Equality of access </li></ul><ul><li>Increased utility </li></ul><ul><li>Increased applications & better retention </li></ul><ul><li>Students do use OER and it does save time http://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-turns-out-that-oer-does-save-time-and-students-do-use-them/ </li></ul>
    7. 10. One of the benefits of being explicitly ‘open’ is that it removes the need for people to ask before re-using stuff. Without it, everything boils down to ‘am I allowed to do this?’ type question and many forms of re-use will stop at that hurdle because the costs of getting the answer are too great Andy Powell comment on David Wiley’s blog http://opencontent.org/blog/archives/ 1735
    8. 11. © Suzanne Hardy OER 
    9. 12. openeducationalresources.pbworks.com/ www.elearningreadiness.org/ stemoer.pbworks.com/w/page/6799480/User-Guide-to-OER www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1 blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/ www.medev.ac.uk/ ourwork/oer/
    10. 13. personal experiences of current practice <ul><li>Do you share? </li></ul>
    11. 14. IPR & Copyright issues <ul><li>Open Educational Resources </li></ul>
    12. 15. Intellectual property rights (IPR) <ul><li>There are four main types of IP rights </li></ul><ul><ul><li>Patents protect what makes things work (e.g. engine parts, chemical formulas) </li></ul></ul><ul><ul><li>Trade marks are signs (like words and logos) that distinguish goods and services in the marketplace </li></ul></ul><ul><ul><li>Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item </li></ul></ul><ul><ul><li>Copyright is an automatic right which applies when the work is expressed (fixed, written or recorded) </li></ul></ul><ul><ul><ul><li>Copyright, Design and Patents Act, 1988 </li></ul></ul></ul><ul><ul><ul><li>Copyright arises automatically when an original idea (author uses some judgment or skill) is expressed/created </li></ul></ul></ul><ul><ul><ul><ul><li>www.ipo.gov.uk </li></ul></ul></ul></ul>
    13. 16. Who owns copyright? <ul><li>The owner of the copyright is the person (or persons, if jointly owned) who created/expressed it, i.e. the author (writer, composer, artist, producer, publisher, etc.) </li></ul><ul><ul><li>Original literary works such as novels or poems </li></ul></ul><ul><ul><li>Original dramatic works such as dance </li></ul></ul><ul><ul><li>Original musical works, i.e. the musical notes </li></ul></ul><ul><ul><li>Original artistic works such as graphic works (paintings, drawings etc.), photographs and sculptures, including sound recordings, films and broadcasts </li></ul></ul><ul><ul><li>Typographical arrangements of published editions </li></ul></ul><ul><li>An exception is an employee who creates a work in the course of their employment (employer owns) </li></ul><ul><ul><ul><li>www.cla.co.uk </li></ul></ul></ul>
    14. 17. What rights does a copyright owner have? <ul><li>A copyright owner has economic and moral rights </li></ul><ul><li>Economic rights cover copyright owner acts, including rights to copy the work, distribute (e.g. making it available on-line), rent, lend, perform, show, or adapt it </li></ul><ul><li>Owners can waive, assign, licence or sell the ownership of their economic rights </li></ul><ul><li>Moral rights can be waived (but not licensed or assigned) and include the right to </li></ul><ul><ul><li>Be identified as the author </li></ul></ul><ul><ul><li>Deny a work (that an author did not create) </li></ul></ul><ul><ul><li>Object to derogatory treatment of the work </li></ul></ul><ul><ul><ul><li>www.cla.co.uk </li></ul></ul></ul>
    15. 18. Copyright infringement <ul><li>It is an infringement of copyright (in relation to a substantial part of a work) without the permission or authorisation of the copyright owner, to </li></ul><ul><ul><li>Copy it and/or issue copies of it to the public </li></ul></ul><ul><ul><li>Rent or lend it to the public </li></ul></ul><ul><ul><li>Perform or show it in public </li></ul></ul><ul><ul><li>Communicate it to the public </li></ul></ul><ul><li>Secondary infringement may occur if someone, without permission, imports, possesses or deals with an infringing copy , or provides the means for making it </li></ul><ul><li>Material found on the internet is subject to copyright </li></ul><ul><ul><ul><li>www.cla.co.uk </li></ul></ul></ul>
    16. 19. Exceptions <ul><li>You may copy copyright works if </li></ul><ul><ul><li>Copyright has expired (e.g. for literary, dramatic, musical or artistic works = 70 years from when the last author dies) </li></ul></ul><ul><ul><li>Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) </li></ul></ul><ul><ul><li>Your use of the work is covered under a licensing scheme that you and the copyright holder have subscribed to </li></ul></ul><ul><ul><li>The copyright owner has given you permission </li></ul></ul><ul><ul><ul><li>www.copyrightservice.co.uk </li></ul></ul></ul>
    17. 20. Obtaining clearance to use copyright material <ul><li>For permission to copy, contact the copyright owner in writing and specify </li></ul><ul><ul><li>The material you wish use (title, author name etc.) </li></ul></ul><ul><ul><li>The exact content to be duplicated (i.e. page numbers) </li></ul></ul><ul><ul><li>The number of copies you wish to make </li></ul></ul><ul><ul><li>How the copies will be used (i.e. for an event, course work) </li></ul></ul><ul><ul><li>Who the copies will be distributed to (i.e. students) </li></ul></ul><ul><li>For most published works this will be the publisher </li></ul><ul><li>Permission is needed for each and every purpose </li></ul><ul><li>Fees may be charged to copy the item, or for administering the request to copy the item </li></ul><ul><ul><ul><li>www.cla.co.uk </li></ul></ul></ul>
    18. 21. Fair dealing <ul><li>Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) </li></ul><ul><ul><li>Research and private study </li></ul></ul><ul><ul><li>Instruction or examination </li></ul></ul><ul><ul><li>Criticism or review </li></ul></ul><ul><ul><li>News reporting </li></ul></ul><ul><ul><li>Incidental inclusion </li></ul></ul><ul><ul><li>Accessibility for someone with, e.g. a visual impairment </li></ul></ul><ul><li>There is no simple formula or % that can be applied –instead use licenced materials, or ask for permission </li></ul><ul><ul><ul><li>www.copyrightservice.co.uk </li></ul></ul></ul>
    19. 22. Using licenced works <ul><li>A licence (a set of rules) describes how copyright items may be used by others </li></ul><ul><li>Licensing schemes (such as Creative Commons) that both authors (owners) and users can access for free </li></ul><ul><ul><li>If both sides observe the rules then both parties are instantly protected </li></ul></ul><ul><ul><li>Owners licence others to use their content </li></ul></ul><ul><ul><li>Users obey the terms of the licence </li></ul></ul><ul><ul><li>Creative Commons provides different licences that can be combined together </li></ul></ul><ul><ul><li>Policies can be developed to guide owners what licences to use </li></ul></ul>
    20. 23. © 
    21. 24. Introduction to open licensing and creative commons <ul><li>Open Educational Resources </li></ul>
    22. 26. http://creativecommons.org/
    23. 27. Creative Commons: creativecommons.org/about/licenses/
    24. 28.
    25. 29. finding openly licensed resources online <ul><li>Open Educational Resources </li></ul>
    26. 30. www.nottingham.ac.uk/xpert/
    27. 31. www.google.co.uk/
    28. 32. www.jorum.ac.uk
    29. 34. Using attribution tools to acknowledge creators <ul><li>Open Educational Resources </li></ul>
    30. 37. www.nottingham.ac.uk/xpert/attribution/
    31. 38. Attribution tools http://openattribute.com/
    32. 39. Drop down gives HTML or plain text options to copy into your resource
    33. 42. Reflection
    34. 43. Recordings of people (especially patients and their families, healthcare workers, actors, students, etc.) in learning materials <ul><li>Open Educational Resources </li></ul>
    35. 44. Consent as distinct from IPR <ul><li>Defined by the 8 principles in the Data Protection Act 1998 (and Human Rights Act 1998) </li></ul><ul><li>Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.) </li></ul><ul><ul><li>Teachers (academics, clinicians, practice/work based learning tutors, etc.) </li></ul></ul><ul><ul><li>Students and ‘ product placement ’ (branded items) </li></ul></ul><ul><ul><li>Role players/actors/performers/hired help (including recording crew) </li></ul></ul><ul><ul><li>Patients/patient families/care workers/support staff/members of public in healthcare settings ( sensitive personal data) </li></ul></ul><ul><ul><li>GMC guidelines for consent/patient recordings </li></ul></ul>
    36. 45. Considerations <ul><li>People </li></ul><ul><li>Patients (children and vulnerable adults) </li></ul><ul><li>Dead people/patients (children and vulnerable adults) </li></ul><ul><li>Existing recordings (already exist) </li></ul><ul><li>New recordings (that you are planning to make) </li></ul>
    37. 46. Clinical setting Academic setting <ul><li>Doctor collects consent </li></ul><ul><li>Recordings taken </li></ul><ul><li>Consent for recordings stored with patient record </li></ul><ul><li>Clear guidance available </li></ul><ul><li>Recordings incorporated into educational event </li></ul><ul><li>Uploaded to VLE </li></ul><ul><li>No evidence of consent </li></ul><ul><li>No access to patient record </li></ul><ul><li>Location of risk unclear </li></ul>We all want to do the right thing!
    38. 47. Consent for use in teaching <ul><li>Patient or non-patient participation in the development of teaching materials is not ‘in their best interests’ </li></ul><ul><li>If it can be copied digitally then you have to assume that it is ‘open’ </li></ul><ul><li>There is no such thing as ‘ anonymising ’ patient or other information </li></ul>
    39. 48. The Data Protection Act (1998) <ul><li>Schedule 1 states: </li></ul><ul><li>&quot;1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless - </li></ul><ul><li>(a) at least one of the conditions in Schedule 2 is met, and </li></ul><ul><li>(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.&quot; </li></ul>
    40. 49. The Data Protection Act (1998) <ul><li>Schedule 2 states ( paraphrased in [], emphasis added ) </li></ul><ul><li>&quot;Conditions relevant for purposes of the first principle: processing of any personal data </li></ul><ul><li>1 The data subject has given his consent  to the processing. </li></ul><ul><li>2 The processing is necessary - [for any of the above (schedule 2) plus the purpose of performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; in order to protect the vital interests of the data subject including where consent has been unreasonably with held, or another person in a case where consent cannot be be given or the data controller cannot reasonably be expected to obtain the consent; processing is carried out by a body or association which is not established or conducted for profit and exists for political, philosophical, religious or trade-union purposes, safeguards the rights and freedoms of data subjects and is not disclosed to third parties without consent.]” </li></ul>
    41. 50. The Data Protection Act (1998) <ul><li>Schedule 3 states ( paraphrased in [], emphasis added ) </li></ul><ul><li>&quot;Conditions relevant for purposes of the first principle: processing of any sensitive personal data </li></ul><ul><li>1 The data subject has given his explicit consent to the processing. </li></ul><ul><li>2 The processing is necessary - [for the purpose of entering a into contract; compliance with some legal obligation; to protect the vital interests of the data subject; for the administration of justice; for the exercise of any function of: houses of parliament, conferred on any person or under any enactment, Crown, a Minister of the Crown or government department, exercised in the public interest of any person; for the purposes of legitimate interests by the data controller except where prejudice the legitimate interests of the data subject; the Secretary of State has specified particular circumstances.]” </li></ul>
    42. 51. GMC guidance <ul><li>Making and using visual and audio recordings of patients 2001 </li></ul><ul><ul><li>Referred to clinical care and research, did n o t refer to teaching </li></ul></ul><ul><li>Making and using visual and audio recordings of patients 2011 </li></ul><ul><ul><li>Does refer to teaching </li></ul></ul>
    43. 53. GMC principles <ul><li>When making or using recordings you must respect patients’ privacy and dignity, and their right to make or participate in decisions that affect them. This means that you must: </li></ul><ul><li>give patients the information they want, or need, about the purpose of the recording </li></ul><ul><li>make recordings only where you have appropriate consent or other valid authority for doing so </li></ul><ul><li>ensure that patients are under no pressure to give their consent for the recording to be made </li></ul><ul><li>where practicable, stop the recording if the patient asks you to, or if it is having an adverse effect on the consultation or treatment </li></ul><ul><li>anonymise or code recordings before using or disclosing them for a secondary purpose, if this is practicable and will serve the purpose </li></ul><ul><li>disclose or use recordings from which patients may be identifiable only with consent or other valid authority for doing so </li></ul><ul><li>make appropriate secure arrangements for storing recordings </li></ul><ul><li>be familiar with, and follow, the law and local guidance and procedures that apply where you work. </li></ul>
    44. 54. GMC principles <ul><li>And you must not: </li></ul><ul><ul><li>make, or participate in making, recordings against a patient’s wishes, or where a recording may cause the patient harm </li></ul></ul><ul><ul><li>disclose or use recordings for purposes outside the scope of the original consent without obtaining further consent (except in the circumstances set out in paragraphs 10 and 15-17). </li></ul></ul>
    45. 55. GMC states <ul><li>Consent to make the recordings listed below will be implicit in the consent given to the investigation or treatment, and does not need to be obtained separately. </li></ul><ul><ul><li>Images of internal organs or structures </li></ul></ul><ul><ul><li>Images of pathology slides </li></ul></ul><ul><ul><li>Laparoscopic and endoscopic images </li></ul></ul><ul><ul><li>Recordings of organ functions </li></ul></ul><ul><ul><li>Ultrasound images </li></ul></ul><ul><ul><li>X-rays </li></ul></ul>
    46. 56. NHS states <ul><li>Patients are any person or people currently in receipt of healthcare treatment, or who has/have been in receipt of healthcare treatment. </li></ul><ul><li>Children and vulnerable adults may or may not be in healthcare treatment but should always be considered under the 'sensitive' part of the Data Protection Act 1998. </li></ul><ul><li>The NHS guidelines recommend at least three or possibly four (Scotland) levels of consent, ranging from none to 'publication' NHS level III consent. </li></ul><ul><li>&quot;Many NHS Trusts have patient consent forms which specifically designate 'level III consent' (public access including the internet). If this applies, then Open Access in the sense of sharing materials publicly clearly would fall within this permission. </li></ul><ul><ul><li>Level I consent is for use within the patient record only. </li></ul></ul><ul><ul><li>Level II consent is for teaching and learning but with restricted access only. </li></ul></ul><ul><ul><li>Level III consent is usually for open access and in the public domain. &quot; </li></ul></ul>
    47. 57. Issues <ul><li>Where to store copies of consent? </li></ul><ul><li>Withdrawing consent? </li></ul><ul><li>How to find properly consented materials? </li></ul><ul><li>What is the advice in relation to lecture capture? </li></ul><ul><li>How do you stop someone else ripping you off  </li></ul>
    48. 58. Policies, disclaimers and risk <ul><li>In order to safeguard yourself against litigation for copyright or data protection (consent) violation </li></ul><ul><ul><li>Have a policy/disclaimer </li></ul></ul><ul><ul><li>Clearly publish your policy and keep it up to date </li></ul></ul><ul><ul><li>Train your staff in the use of the policy </li></ul></ul><ul><ul><li>Follow your policy (do what you say you will do) </li></ul></ul><ul><li>You may also want a disclaimer ‘ this resource has been provided… use it at your own risk. If you have any concerns about any material appearing in this resource please contact… ’ </li></ul><ul><li>Actively manage your risks </li></ul><ul><li>Take out liability insurance  </li></ul>
    49. 59. www.medev.ac.uk October 2010 cc: by-sa Good practice compliance table (managing risk) Explanation Risk of litigation from infringement of IPR/copyright or patient consent rights Action 3 Institutional policies are clearly in place to enable resources to be compared to the toolkits. Low. Institution follows best practice and has effective take down strategies. Institution able to legally pursue those infringing the institution ’ s rights. Periodically test resources against policies to keep policies under review. Keep abreast of media stories. Limited liability insurance required. 2 Compliance tested and policies are adequate in most but not all aspects to allow the compliance of a resource to be accurately estimated. A small number of areas where policies need to be further developed for complete clarity. Medium. Ownership of resources is likely to be clear. Good practice is followed in relation to patients. Take down and other ‘ complaint ’ policies are in place and being followed. Review those areas where developed is required, possibly in relation to e.g. staff not employed by the institution e.g. emeritus or visiting or NHS. It may be that a partner organisation requires improvement to their policies. Some liability insurance may be necessary. 1 Compliance tested but too few policies available or insufficiently specified to allow the compliance of any particular resource to good practice guidelines to be accurately estimated. Medium. It is unlikely that the ownership and therefore licensing of resources is clear. Resources theoretically owned by the institution could be being ripped off. Collate suite of examples of best practice and review against existing institutional policies. Follow due process to amend and implement those which are relevant to the institution. Take out liability insurance . 0 Compliance with the toolkits unknown/untested. Compliance has been tested and materials failed to pass. High/Unknown. Risk may be minimal if resource was developed based on best practice principles. Institutional policy status (ownership, consent) is unknown. Establish a task force to test some resources against institutional policies; then follow 1-3 below. Take out liability insurance.
    50. 60. Institutional policy recommendations <ul><li>That authors should ‘hallmark’ all their content with e.g. CC licences (e.g. CC ‘ by ’ attribution only) </li></ul><ul><li>Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent in NHS record (patients) or with resource </li></ul><ul><li>Review institutional policies against good practice </li></ul><ul><li>Include disclaimers in resources </li></ul><ul><li>UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights </li></ul><ul><li>Seek to replace, over time, any questionable material </li></ul><ul><li>Have sophisticated ‘take-down’policies </li></ul>
    51. 61. Proposing a “Consent Commons” <ul><li>A human subject version of Creative Commons </li></ul><ul><li>Accepts a basic human right to refuse their image/voice appearing and, where they have previously consented, their right to withdraw their consent </li></ul><ul><li>Would work like Creative Commons in that you hallmark material with the consent status and when consent needs to be reviewed (if ever) </li></ul><ul><li>Has levels of release (e.g. Closed; ‘medic restrict’; review [date]; fully open) </li></ul><ul><li>Terms of the consent needs to be stored with/near the resource </li></ul>www.medev.ac.uk
    52. 62. consent commons Consent Commons ameliorates uncertainty about the status of educational resources depicting people, and protects institutions from legal risk by developing robust and sophisticated policies and promoting best practice in managing information.
    53. 63. Engendering trust Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource 
    54. 64. risk assessment toolkits and 'digital professionalism' <ul><li>Open Educational Resources </li></ul>
    55. 66. www.medev.ac.uk/ourwork/oer
    56. 67. www.web2rights.com/OERIPRSupport/risk-management-calculator/
    57. 68. www.web2rights.com/OERIPRSupport/diagnostics.html/
    58. 69. http://medicalimages.pbworks.com/
    59. 70. Principles <ul><li>1. Acknowledge that patients’ interests and rights are paramount. </li></ul><ul><li>2. Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers. </li></ul><ul><li>3. Respect the rights of those who own the recordings and the intellectual property of those recordings, and check and comply with the licences for use. </li></ul><ul><li>4. Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate. </li></ul>Email: [email_address]
    60. 71. Digital professionalism <ul><li>To be a digital professional every member of staff who contributes to curriculum delivery, in both NHS and academic settings should be able to identify, model and understand professional behaviour in the digital environment. </li></ul>CC-BY Official US Navy Imagery www.flickr.com/photos/usnavy/5509486066/
    61. 72. “ learners' information literacies are relatively weak but learners have little awareness of the problem ” Beetham et al 2009
    62. 73. <ul><li>Information/resources increasingly easy to find </li></ul><ul><li>Blurring of personal and professional identities online </li></ul><ul><li>Increasing need to manage issues of disclosure </li></ul><ul><li>Changing public expectations </li></ul><ul><li>Misunderstandings of digital spaces </li></ul><ul><li>Consequence </li></ul><ul><li>Permanence </li></ul><ul><li>Lack of understanding of ownership and licencing in online environments </li></ul>
    63. 74. Digital professionalism in the curriculum? <ul><li>Digital professionalism: how we present and manage presence in the digital environment and how that presence relates to professionalism in the curriculum </li></ul><ul><li>Professionalism in Tomorrow’ s Doctors: www.gmc-uk.org/education/undergraduate/professional_behaviour.asp </li></ul><ul><li>No reference to professionalism online: implicit? explicit in your curriculum? Hidden? </li></ul><ul><li>Are there any differences? </li></ul>
    64. 76. Digital literacy <ul><li>“ digital literacy defines those capabilities which fit an individual for living, learning and working in a digital society” </li></ul><ul><li>Joint Information Systems Committee (JISC), 2011 </li></ul>
    65. 77. “ most learners are still strongly led by tutors and course practices: tutor skills and confidence with technology are therefore critical to learners' development ” Beetham et al, 2009
    66. 79. Towards a digital professionalism: 7 principles <ul><li>Rachel Ellaway (2010) </li></ul>
    67. 80. <ul><li>Principle #1: establish and sustain an on online professional presence that befits your responsibilities while representing your interests. Be selective in which channels and places you establish a profile. </li></ul>
    68. 81. <ul><li>Principle #2: use privacy controls to manage more personal parts of your online profile and do not make public anything that you would not be comfortable defending as professionally appropriate in a court of law </li></ul>
    69. 82. <ul><li>Principle #3: think carefully and critically about how what you say or do will be perceived by others and act with appropriate restraint </li></ul>
    70. 83. <ul><li>Principle #4: think carefully & critically about how what you say or do reflects on others (individuals & organisations) and act with appropriate restraint </li></ul>
    71. 84. <ul><li>Principle #5: think carefully and critically about how what you say or do will be perceived in years to come; consider every action online as permanent </li></ul>By Michael Deschenes (Own work) [Public domain], via Wikimedia Commons
    72. 85. <ul><li>Principle #6: be aware of the potential for attack or impersonation, know how to protect your online reputation and what steps to take when it is under threat </li></ul>Ellaway, 2010
    73. 86. <ul><li>Principle #7: an online community is still a community and you are still a professional </li></ul>
    74. 88. <ul><ul><li>An ‘ unconference ’ : By teachers, for teachers </li></ul></ul><ul><ul><li>Focussed on sharing ideas: Practical, helpful, inspiring </li></ul></ul><ul><ul><li>Everyone participates </li></ul></ul><ul><ul><li>Everyone learns </li></ul></ul><ul><ul><li>2- or 7-minute presentations </li></ul></ul><ul><ul><li>Anyone can speak </li></ul></ul><ul><ul><li>No obligation to pay attention </li></ul></ul>With thanks to Isla Kuhn, @ Cambridge for these slides
    75. 89. <ul><li>Quick and cheap </li></ul><ul><ul><ul><li>To attend… </li></ul></ul></ul><ul><ul><ul><li>… and to organise </li></ul></ul></ul><ul><ul><li>Share ideas </li></ul></ul><ul><ul><ul><li>What worked? What didn’t? </li></ul></ul></ul><ul><ul><li>Opportunity to present </li></ul></ul><ul><ul><li>Networking </li></ul></ul>With thanks to Isla Kuhn, @ Cambridge for these slides
    76. 90.   <ul><li>LibTeachMeets have happened in: </li></ul><ul><ul><ul><li>Cambridge (27.09.10, 29.03.11) </li></ul></ul></ul><ul><ul><ul><li>Huddersfield (09.02.11) </li></ul></ul></ul><ul><ul><ul><li>Newcastle (04.05.11) </li></ul></ul></ul><ul><ul><ul><li>Brighton (25.05.11) </li></ul></ul></ul><ul><ul><ul><li>Liverpool (26.05.11) </li></ul></ul></ul><ul><ul><ul><li>Leicester (14.06.11) </li></ul></ul></ul><ul><ul><ul><li>London (20.06.11) </li></ul></ul></ul><ul><li>LibTeachMeets are coming up in: </li></ul><ul><ul><li>Stirling & Inverness (20.07.11) </li></ul></ul><ul><ul><li>Bedfordshire (21.07.11) </li></ul></ul><ul><ul><li>Sheffield (10.11.11) </li></ul></ul><ul><ul><li>Oxford (tbc) </li></ul></ul>google teachmeet calendar: http://tinyurl.com/tm-google-calendar  With thanks to Isla Kuhn, @ Cambridge for these slides
    77. 91. TeachMeet – grow your own People, v enue, date / time, web presence, f unding, cake! With thanks to Isla Kuhn, @ Cambridge for these slides
    78. 92. http://plcmcl2-things.blogspot.com/
    79. 93. http://23thingswarwick.blogspot.com/p/programme-outline.html/
    80. 94. Attribution and disclaimer <ul><li>This file is made available under a Creative Commons attribution share alike licence </li></ul><ul><li>To attribute author/s please include the phrase “cc: by-sa Suzanne Hardy, July 2011, http://www.medev.ac.uk/ourwork/oer/ “ </li></ul><ul><li>Users are free to link to, reuse and remix this material under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact the author who will make reasonable endeavour to take down the original files within 10 working days. </li></ul>www.medev.ac.uk
    81. 95. Sharing resources between academia and the NHS <ul><li>Open Educational Resources </li></ul>
    82. 96. Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE) Seamless access to academic and clinical elearning resources contact: lindsay@medev.ac.uk www.medev.ac.uk/ourwork/oer/ #porscheoer #ukoer #medev cc: by Tony the Misfit http://www.flickr.com/photos/tonythemisfit/2580913560/
    83. 97. 3 www.jorum.ac.uk www.elearningrepository.nhs.uk/
    84. 98. NHS/HEI <ul><li>NHSNet/N3 </li></ul><ul><li>Athens </li></ul><ul><li>Limited access </li></ul><ul><li>JANET </li></ul><ul><li>Shibboleth/JISC FAM </li></ul><ul><li>Unlimited access </li></ul>
    85. 99. Accredited Clinical Teaching Open Resources (ACTOR) Partners: University of Bristol, University of Cambridge, Hull York Medical School, Newcastle University, Peninsula College of Medicine and Dentistry. Contact: gillian@medev.ac.uk #ukoer #actor #medev www.medev.ac.uk/oer/ cc: by-nc By Maxi Walton http://www.flickr.com/photos/maxiwalton/898138774/
    86. 100. Learning outcomes <ul><li>Be able to confidently use resources such as images and resources from the internet and elsewhere, attributing content creators (copyright owners), when creating teaching and learning resources </li></ul><ul><li>Understand the difference between copyright ownership and licencing and how to use resources shared under licence </li></ul><ul><li>Be able to clearly indicate the copyright status of any works you have created using an appropriate Creative Commons licence </li></ul><ul><li>Be aware of how to deal with consent issues in using patient data in learning and teaching resources </li></ul><ul><li>Exemplify best practice in ‘digital professionalism’ and manage risks when creating sustainable teaching resources </li></ul>
    87. 101. Mitigating risk by adopting good practice to save time and money OER is irrelevant (but a nice by-product  )
    88. 102. www.medev.ac.uk/oer/ [email_address] twitter.com/glittrgirl twitter.com/hea_medev www.medev.ac.uk/blog/oer-phase-2-blog/
    89. 103. References <ul><li>Beetham, H., L. McGill, et al. (2009). Thriving in the 21st century: Learning Literacies for the Digital Age. Glasgow, Glasgow Caledonian University/JISC. Online at http://www.jisc.ac.uk/media/documents/projects/llidareportjune2009.pdf </li></ul><ul><li>Chretien, K. C., S. R. Greysen, et al. (2009). &quot;Online Posting of Unprofessional Content by Medical Students.&quot; JAMA 302(12): pp1309-1315. </li></ul><ul><li>Ellaway, R. (2010). &quot;eMedical Teacher # 38: Digital Professionalism.&quot; Medical Teacher 32(8): pp705–707. </li></ul><ul><li>Farnan, J. M., J. A. M. Paro, et al. (2009). &quot;The Relationship Status of Digital Media and Professionalism: It ’ s Complicated &quot; Academic Medicine 84(11): pp1479-1481. </li></ul><ul><li>Ferdig, R. E., K. Dawson, et al. (2008). &quot;Medical students ’ and residents ’ use of online social networking tools: Implications for teaching professionalism in medical education.&quot; First Monday 13(9). Online at http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2161/2026 </li></ul><ul><li>Thompson, L. A., K. Dawson, et al. (2008). &quot;The Intersection of Online Social Networking with Medical Professionalism.&quot; J Gen Intern Med 23(7): p954-957. </li></ul><ul><li>Mostaghimi,A., Crotty, B.H., “ Professionalism in the digital age ” Annals of Internal Medicine 19 Apr 2011;154(8):560-562. </li></ul>
    90. 104. <ul><li>The Higher Education Academy OER pages: www.heacademy.ac.uk/ourwork/teachingandlearning/oer/ </li></ul><ul><li>The JISC OER pages: www.jisc.ac.uk/oer </li></ul><ul><li>The OER InfoKit from JISC InfoNet: openeducationalresources.pbworks.com </li></ul><ul><li>The OER Synthesis and Evaluation Report: www.caledonianacademy.net/spaces/oer/ </li></ul><ul><li>The JISC Legal IPR Toolkit: www.web2rights.com/OERIPRSupport/index.html </li></ul>References
    91. 105. <ul><li>http://www.nottingham.ac.uk/xpert/attribution/ </li></ul><ul><li>http://ocw.mit.edu/index.htm </li></ul><ul><li>http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit </li></ul><ul><li>http://www.creativecommons.org </li></ul><ul><li>http://wylio.com/ </li></ul><ul><li>http://openattribute.com </li></ul>References
    92. 106. URLs <ul><li>www.medev.ac.uk /ourwork/ oer </li></ul><ul><li>www.nottingham.ac.uk / xpert / </li></ul><ul><li>http :// creativecommons.org / </li></ul><ul><li>www.jorum.ac.uk / </li></ul><ul><li>www.flickr.com /search/advanced/ </li></ul><ul><li>www.google.com / advanced_image_search / </li></ul><ul><li>www.nottingham.ac.uk / xerte / </li></ul><ul><li>www.glomaker.org / </li></ul><ul><li>http ://openlearn.open.ac.uk / </li></ul>