Copyright, Creative Commons and Implications for e-Learning

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Copyright, Creative Commons and Implications for e-Learning

  1. 1. IPR, ©, CC …….Potential (and Barriers) for Development,Sharing and Dissemination of e-Contentwith particular reference to the University of MauritiusSantally Mohammad IssackSenior Lecturer & Officer-in-ChargeVirtual Centre for Innovative Learning TechnologiesUniversity of Mauritius
  2. 2. Intellectual Property• In general terms, takes many formsencompassing anything emanating from theworking of the human brain: ideas, concepts,invention, stories, songs…..• A need to distinguish, however, betweenintellectual property (IP) and intellectualproperty rights (IPR)
  3. 3. IP vs IPR• A basic distinction has to be drawn betweenintellectual property, which covers a vastrange of material, andintellectual property rights, which delimitsthe subject to encompass those aspects of thetopic which receive a measure of legalprotection
  4. 4. Forms of IPR• Copyright (our focus)• Patents• Trademarks
  5. 5. Introduction to Copyright ©• The right to control the use of one’s own work• Creators or owners of content can give, sell orlicence the right to use the materials to others• Protected under copyright law – whichprotects also the rights of the user by definingthe conditions of its legal use
  6. 6. Copyright © - Conditions & Terms• The work must be original• The work must be fixed, that is, presented in atangible form such as writing, film, images orsound• A qualified person living in a member countryof the 1952 Universal Copyright Convention(UCC), or the 1886 Berne Convention, mustcreate the work.
  7. 7. Copyright © - Duration• Depends on national legislation• In Mauritius, for instance – Life of Author and50 years after.• Work then enters public domain - i.e anyonecan use those however they wantNote: Public Domain should not be confusedwith the Public Access (material not necessarybe in the Public Domain as per above defn)
  8. 8. Associated Rights with ©• Economic RightsLicenced - the creator allows long term, specific use of thematerial but retains copyright e.g University francisesAssigned - the creator gives the rights of the work inperpetuity to the new copyright owner, with or withoutremuneration. e.g Course writing against remunerationReserved - the creator withholds certain rights fromassigning or licensing. E.g, a university may license theprint rights to a course, but not the online rights.
  9. 9. Associated Rights with ©• Moral Rights – always vested with creatorPaternity: the right to be identified as the creator of theworkIntegrity: the right not to have the work altered, presentedin an unsuitable context, or treated in a derogatory wayFalse attribution: the right not to have the work wronglyattributed.
  10. 10. From Copyright to CopyleftCopyleftCopyleft is a play on the word copyright andis a play on the word copyright anddescribes the practice of using copyright lawdescribes the practice of using copyright lawto remove restrictions on distributing copiesto remove restrictions on distributing copiesand modified versions of a work for othersand modified versions of a work for othersand requiring that the same freedoms beand requiring that the same freedoms bepreserved in modified versions.preserved in modified versions.Source:Wikipedia@www.wikipedia.org
  11. 11. Source:Wikipedia@www.wikipedia.orgA form of licensing and may be used to modify copyrights forworks such as computer software, documents, music, andart.Through a copyleft licensing scheme, give every person whoreceives a copy of a work permission to reproduce, adapt ordistribute the work ………………….………………………………as long as any resulting copiesas long as any resulting copiesor adaptations are also bound by theor adaptations are also bound by thesame copyleft licensing schemesame copyleft licensing scheme
  12. 12. The four fundamentals freedom granted bycopyleft are:• Freedom to use and study the work,• Freedom to copy and share the workwith others,• Freedom to modify the work,• Freedom to distribute modified andtherefore derivative works.
  13. 13. Attribution (by): Licensees may copy, distribute, display and perform the work andmake derivative works based on it only if they give the author or licensor the creditsin the manner specified by these.Noncommercial or NonCommercial (nc): Licensees may copy, distribute, display,and perform the work and make derivative works based on it only fornoncommercial purposes.No Derivative Works or NoDerivs (nd): Licensees may copy, distribute, display andperform only verbatim copies of the work, not derivative works based on it.ShareAlike (sa): Licensees may distribute derivative works only under a licenseidentical to the license that governs the original work.Copyleft does not necessarily therefore mean FREE content
  14. 14. Open Education ResourcesAn Internet empowered worldwide community effort to create anAn Internet empowered worldwide community effort to create aneducation commons.education commons.The term was first adopted atThe term was first adopted at UNESCOs 2002UNESCOs 2002Forum on the Impact of Open Courseware forForum on the Impact of Open Courseware forHigher Education in Developing CountriesHigher Education in Developing Countriesfunded by thefunded by the William and Flora HewlettWilliam and Flora HewlettEducational materials and resources offered freely and openly for anyone toEducational materials and resources offered freely and openly for anyone touse and under some licenses to re-mix, improve and redistribute.use and under some licenses to re-mix, improve and redistribute.Source: WikipediaOpen Education Resources
  15. 15. • OERs can be said to building blocks of OpenEducation – The logo metaphor as originallyused to describe learning objectsOpen Education and OERsOpen education is aOpen education is acollective term thatcollective term thatrefers to forms ofrefers to forms ofeducation in whicheducation in whichknowledge, ideas orknowledge, ideas orimportant aspects ofimportant aspects ofteaching methodologyteaching methodologyor infrastructure areor infrastructure areshared freely over theshared freely over theinternet.internet.
  16. 16. Main Challenges to OER
  17. 17. Generic OER Fr@mework
  18. 18. Copyright & Educational Context• Fair Use Concept – concerned with quotationsand reproduction to a ‘fair’ extent ofcopyrighted material• To some extent reprographic productionBut reference is mainly made for the face-to-face teaching and ‘non-commercial’ gain –unless the legislation makes otherwise provisos
  19. 19. Copyright & Educational Context• Fair Use Concept – concerned with quotationsand reproduction to a ‘fair’ extent ofcopyrighted material• To some extent reprographic productionBut reference is mainly made for the face-to-face teaching and ‘non-commercial’ gain –unless the legislation makes otherwise provisos
  20. 20. Copyright and Distance Education• Distance Education : Print-based, web-basedlearning, e-learning etc etc• Not only about filling forms or gettingpermissions• Intellectual Property of academics, coursewriters take another dimension
  21. 21. Copyright and Distance EducationA real need to establish relevant procedures andpolicies – an integration of resources, systems,contracts (including employment) proceduresand information across departmentsSource: Commonwealth of Learning Knowledge Series
  22. 22. Impact of Technology• Enables easy distribution of DE materials butcan also become a hindrance and muchmore…….• Work can be easily copied and modified, andsome authors/copyright holders may bereticent• Some academics might be reticent for theircourse materials to go public access becausethey might have used other’s materials insignificant amount
  23. 23. Is CC a viable alternative?• Not necessarily• CC licences can have a number of differentcombinations around 14 in all• Mixing and matching content may result in an‘incoherent’ final product violating the CCfundamental governing criteria
  24. 24. CC, © and Employment Contracts• Copyright for work produced in period ofemployment vests with the employer• Academics releasing material produced mightface ‘breach of contract’ charges• Academics releasing material produced mightface ‘breach of contract’ charges• Academics may claim economic rights fromadditional revenues generated by their IP
  25. 25. CC, © and Employment Contracts• Simplest of issues related to copyright and IPmay result in whole projects going back tosquare 1 or drawers!• Institutions would not want each time to waitfor a judgement based on ‘fair use’ or relatedissues with respect to economic/moral rightsof authors/creators• In-short educational leaders dont want to stepinto any hassles
  26. 26. The KeyThe need for a formal institutional policy for distanceand online learning encompassing issues related to:– Contracts (economic and moral rights/copyrightownership)– Course Components Acquisition (licences,copyright clearances etc)– Inhouse materials development processes– Procurement and Commercial use of Materials– Strategies related to various forms ofcopyright/creative commons
  27. 27. Thank youMohammad Issack SANTALLYVCILT-UoM

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