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![• 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 ownership
and licencing in online environments
By Michael Deschenes (Own work) [Public
domain], via Wikimedia Commons](https://image.slidesharecdn.com/amee2011workshop3phardybrown-130624082722-phpapp02/85/Amee2011workshop-55-320.jpg)
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Amee2011workshop
This document discusses open educational resources (OER) and related intellectual property issues. It defines OER as teaching materials that are freely available, and notes that adopting good practices with OER can save time and money. The document outlines UK copyright law and exceptions for fair use. It also discusses obtaining permissions, licensing schemes like Creative Commons, developing institutional policies, managing risks, and ensuring proper attribution and consent for recordings of people.
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Amee2011workshop
- 2. Share and sharealike: using and creating Open Educational Resources – “teaching materials for free?” Suzanne Hardy and Gillian Brown Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine On behalf of Brown, Greenwood, Hardy, Purcell, Quentin-Baxter & Wood,
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- 6. Mitigating risk byadopting good practice to save time and money OER is irrelevant (but a nice by-product )
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- 8. Sharing openly isgood 50%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 save time http://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-turns-out
- 9. IPR & COPYRIGHT OpenEducational Resources
- 10. Intellectual property rights(IPR) • There are four main types of IP rights – Patents protect what makes things work (e.g. engine parts, chemical formulas) – Trade marks are signs (like words and logos) that distinguish 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 applies when the work is expressed (fixed, written or recorded) • Copyright, Design and Patents Act, 1988 • Copyright arises automatically when an original idea (author uses some judgment or skill) is expressed/created – www.ipo.gov.uk www.medev.ac.uk
- 11. Who owns copyright? •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.) – 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, including sound recordings, films and broadcasts – Typographical arrangements of published editions • An exception is an employee who creates a work in the course of their employment (employer owns) • www.cla.co.uk www.medev.ac.uk
- 12. What rights doesa copyright owner have? • A copyright owner has economic and moral rights • 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 • Owners can waive, assign, licence or sell the ownership of their economic rights • Moral rights can be waived (but not licensed or assigned) 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.uk www.medev.ac.uk
- 13. Copyright infringement • Itis an infringement of copyright (in relation to a substantial part of a work) without the permission or authorisation 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 with an infringing copy, or provides the means for making it • Material found on the internet is subject to copyright • www.cla.co.uk www.medev.ac.uk
- 14. Exceptions • You maycopy copyright works if – Copyright has expired (e.g. for literary, dramatic, musical or artistic works = 70 years from when the last author dies) – Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) – Your use of the work is covered under a licensing scheme that you and the copyright holder have subscribed to – The copyright owner has given you permission • www.copyrightservice.co.uk www.medev.ac.uk
- 15. Obtaining clearance touse copyright material • For permission to copy, contact the copyright owner in 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 for administering the request to copy the item • www.cla.co.uk www.medev.ac.uk
- 16. Fair dealing • Youruse of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs 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 –instead use licenced materials, or ask for permission • www.copyrightservice.co.uk www.medev.ac.uk
- 17. Using licenced works •A licence (a set of rules) describes how copyright items may be used by others • Licensing schemes (such as Creative Commons) that both authors (owners) and users can access for free – If both sides observe the rules then both parties are instantly protected – Owners licence others to use their content – Users obey the terms of the licence – Creative Commons provides different licences that can be combined together – Policies can be developed to guide owners what licences to use www.medev.ac.uk
- 18. Policies, disclaimers andrisk • In order to safeguard yourself against litigation for copyright 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 been provided… use it at your own risk. If you have any concerns about material in this resource…’ • Actively manage your risks • Take out liability insurance www.medev.ac.uk
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- 23. Consent as distinctfrom IPR • Defined by the principles in the Data Protection Act 1998 and Human Rights Act 1998 • Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.) – Teachers (academics, clinicians, practice/work based learning tutors, etc.) – Students and ‘product placement’ (branded items) – Role players/actors/performers/hired help (including recording crew) – Patients/patient families/care workers/support staff/members of public in healthcare settings (sensitive personal data) – GMC review of the guidelines for consent/patient recordings www.medev.ac.uk
- 24. Considerations • People • Patients(children and vulnerable adults) • Dead people/patients (children and vulnerable adults) • Existing recordings (already exist) • New recordings (that you are planning to make)
- 25. GMC guidance • Makingand using visual and audio recordings of patients 2001 – Referred to clinical care and research, did not refer to teaching • Making and using visual and audio recordings of patients 2011 – Does refer to teaching
- 28. consent commons Consent Commons amelioratesuncertainty 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.
- 29. Consent everything-even whereownership and patient/non-patient rights appear clear, and store consent with resource Engendering trust
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- 31. Principles 1. Acknowledge thatpatients’ interests and rights are paramount. 2. Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers. 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. 4. Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate. Email: d.hiom@bris.ac.uk
- 32. FINDING OPENLY LICENSED RESOURCESONLINE Open Educational Resources
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- 34. Things to dotoday: good practice with resources for learning and teaching (OER is irrelevant)3
- 35. 1Using the Xpertto find resources, including images, sounds and videos www.nottingham.ac.uk/xpert/
- 36. 2Using Flickr advancedsearch for photos, diagrams and video www.flickr.com/search/advanced/
- 37. 3Using Google Imagesadvanced search www.google.co.uk/
- 38. USING ATTRIBUTION TOOLSTO ACKNOWLEDGE CREATORS Open Educational Resources
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- 42. Drop down givesHTML or plain text options to copy into your resource
- 44. Policies, disclaimers andrisk • In order to safeguard yourself against litigation for copyright 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 been provided… use it at your own risk. If you have any concerns about any material appearing in this resource…’ • Actively manage your risks • Take out liability insurance www.medev.ac.uk
- 45. Attribution and disclaimer •This ppt file is made available under a Creative Commons Attribution Share Alike version 3.0 unported . • Please include the following phrase ‘Suzanne Hardy and Gillian Brown, AMEE, August 2011, ‘ • 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 suzanne@medev.ac.uk who will make reasonable endeavour to take down the original files within 10 working days.
- 46. MEDEV good practicerisk assessment toolkit www.medev.ac.uk/ourwork/oer/
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- 51. Digital professionalism • Tobe 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. CC-BY Official US Navy Imagery www.flickr.com/photos/usnavy/5509486066/
- 52. “many medical studentsseem unaware of or unconcerned with the possible ramifications of sharing personal information in publicly available online profiles even though such information could affect their professional lives” Ferdig et al, 2008
- 53. “most learners are stillstrongly led by tutors and course practices: tutor skills and confidence with technology are therefore critical to learners' development” Beetham et al, 2009
- 54. • Information/resources increasinglyeasy 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 ownership and licencing in online environments
- 55. • Information/resources increasinglyeasy 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 ownership and licencing in online environments By Michael Deschenes (Own work) [Public domain], via Wikimedia Commons
- 56. – 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 attention With thanks to Isla Kuhn, @ Cambridge for these slides
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- 59. Manage risk byadopting good practice • Know how to find appropriately licenced content • Use the most openly licenced content wherever possible • Attribute 3rd party material • Explicitly attribute your own work with disclaimer and licence as openly as possible • Pass on good practice to peers and students
- 60. Mitigating risk byadopting good practice to save time and money OER is irrelevant (but a nice by-product )
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- 63. Attribution and disclaimer •This ppt file is made available under a Creative Commons Attribution Share Alike version 3.0 unported licence. • Please include the following phrase ‘Suzanne Hardy and Gillian Brown, AMEE, August 2011, ‘ • 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 suzanne@medev.ac.uk who will make reasonable endeavour to take down the original files within 10 working days.
- 64. The Higher EducationAcademy OER pages: www.heacademy.ac.uk/ourwork/teachingandlearning/oer/ The JISC OER pages: www.jisc.ac.uk/oer The OER InfoKit from JISC InfoNet: openeducationalresources.pbworks.com The OER Synthesis and Evaluation Report: www.caledonianacademy.net/spaces/oer/ The JISC Legal IPR Toolkit: www.web2rights.com/OERIPRSupport/index.html References
- 65. 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
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- 74. cc: by Least restrictiv e Most open Most reusable This licenselets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.
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- 76. Drop down givesHTML or plain text options to copy into your resource
Editor's Notes
- #2 Welcome, thanks for coming, housekeeping
- #4 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?
- #6 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.
- #8 There is definitely an appetite for change
- #9 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.
- #11 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.
- #12 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.
- #13 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.
- #14 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.
- #15 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’).
- #16 To obtain permission then contact the author or their publisher (owner of the copyright).
- #17 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.
- #18 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.
- #19 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…’
- #20 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?
- #21 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.
- #22 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.
- #23 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.
- #24 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’.
- #28 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.
- #29 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.
- #30 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.
- #34 Where do you find your materials? Do you limit your search in any way?
- #45 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…’
- #52 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.
- #54 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
- #61 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?
- #62 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…..
- #63 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
- #67 Is this useful? Will you use these tricks? You can filter all Google content by usage rights