A one hour presentation, with use of voting pads, on Copyright and e-Learning for Graduate Teaching Assts, presented in Manchester on 23 Feb 2011, in conjuction with the Higher Education Academy Subject Centre on Classics and Archaeology.

1. Using Other People’s Stuff Online Issues in Copyright and IPR for Lecturers

2. 2 Hello! Jason Miles-Campbell JISC Legal Service Manager www.jisclegal.ac.uk info@jisclegal.ac.uk 0141 548 4939

3. 3 About JISC Legal Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education Information service: we cannot take decisions for you when you are faced with a risk

4. When it comes to copyright... I’m confident I’ve a fair idea I dabble I ask others I hide in the toilet

5. What Does Copyright Cover? Original literary, dramatic, musical and artistic works Sound recordings, films, broadcasts and cable programmes The typographical arrangement of published editions 5

6. I paraphrase someone else’s work. In copyright terms... This is okay in all cases This is okay if I give acknowledgement I need the author’s permission to avoid infringement I can hear the sirens already I’m not sure

7. How long until these slides go out of copyright? 2.30pm 10 years from now 25 years from now 50 years from now 70 years from now Even longer… I’m not sure

8. 8 For How Long? Literary, dramatic, musical, artistic works: author’s life + 70 years Films: life of ‘creators’ + 70 years Other works: creation/release + 50 years Typography: publication + 25 years

9. Who owns these slides? Jason Miles-Campbell JISC Legal The University of Strathclyde JISC The government or state No-one You’re not telling us enough to answer the question, are you?

10. Who Owns The Copyright? The author / creator in general The employer (s.11 CDPA 1988) Commissioned materials: contractor has copyright unless otherwise stated Assignment and licensing 10

11. Copyright Restricted Acts (a) to copy the work (b) to issues copies to the public (ba) to rent or lend to the public (c) to perform, show or play to the public (d) to communicate to the public (e) to make an adaptation etc 11

12. 12 I Just Want Some Content Use out-of-copyright material Use ‘open’ licence copyright material(though be aware of conditions!) Use copyright exceptions Use blanket licence

13. 13 I Want THAT Content Check it is in copyright Consider whether an exception applies Consider the use of a blanket licence Obtain permission directly Do not ignore copyright

14. Copyright in One Slide Copyright controls copying and other ‘restricted acts’ You must own copyright, or have the permission of the copyright holder, in order to do the ‘restricted acts’ Education-relevant exceptions 14

15. Licences and Licence Terms from Microsoft Office Clip Art End User Licence 15

16. 16 Copyright Exceptions S.29 Research & Private StudyFair dealing of literary, musical, artistic, dramatic work, typography for non-commercial research or private study (acknowledgement needed)

17. 17 Copyright Exceptions S.30 Criticism, Review, ReportingFair dealing for criticism, review or news reporting (acknowledgement needed, and work has been made available to public)

18. 18 Copyright Exceptions S.31A-F Accessible CopiesThe making of a copy or copies for a visually impaired person.

19. 19 Copyright Exceptions S.32(2) Media Studies InstructionCopying of a sound recording, film or broadcast allowed for instruction in film making or film sound-track making ifa) done by instructor or instructee, andb) sufficient acknowledgement is given

20. 20 Copyright Exceptions S.32(3) ExaminationsNo breach for setting questions, communicating questions, or answering questions provided there is sufficient acknowledgement(not for reprographic copy of musical work for candidate in performing the work)

21. 21 Copyright Exceptions S.34 Performing, Playing, ShowingPerformance of literary, dramatic, musical work in education where audience of teachers and pupils if:a) by a teacher or pupil, orb) at the establishment(for purpose of instruction)

22. 22 Copyright Exceptions S.34 Performing, Playing, ShowingPlaying of sound recording, film or broadcast in education where audience of teachers and pupils if at the establishment for instruction

23. 23 Scenario The university has a VHS video in the library which is used for teaching in a module. The tutor asks if she can have this transferred to DVD or uploaded onto an intranet server so all the students can watch independently whenever they like.

24. Transfer of video to DVD.... That’s fine! It’s a breach, but no-one’s going to mind It’s a breach, so we’d better keep some VHS players! Is anyone good at getting out of handcuffs? I’m not sure

25. Uploading to the VLE... That’s fine! It’s a breach, but no-one’s going to mind It’s a breach, and not well advised. Is anyone good at getting out of handcuffs? I’m not sure

26. 26 Scenario The university is concerned that materials on its VLE instruct students to visit certain websites and to download and/or print off certain materials from them. Is this permissible?

27. Get the students to do it... That’s fine! It’s a breach, but no-one’s going to mind It’s a breach, and not well advised. Is anyone good at getting out of handcuffs? I’m not sure

28. 28 Top Tip 1 Facilitation, not Compliance Copyright is good! How to use other people’s stuff online Confidence!

29. 29 Top Tip 2 Look in the Pantry! Find out what you’ve got before you go shopping – you’ve got ingredients already! Blanket licences Open licences

30. 30 Top Tip 3 Let Students Deal Fairly Where circumstances and pedagogy allow, let students do it for themselves

31. 31 Top Tip 4 The Examination Creation Exemption for examinations Summativeassessment

32. 32 Top Tip 5 Licensed to Inspire Licences are key Licences set bounds Blanket licences Negotiating licences

33. 33 Top Tip 6 Spread the Licence Word Find out what licences you hold Understand whatthey allow Tell your staff JISC Legal resource

34. 34 Top Tip 7 Plan to Scan! Online images may bedifficult to clear Considerscanning instead CLA certainty

35. 35 Top Tip 8 Ask! Seeking permission isn’t complicated Prepare for “no”and silence Central function?

36. 36 Top Tip 9 Copyright on the Agenda Efficient, effectivee-learning Support andassistance Clear ownership

37. 37 Top Tip 10 Born to Make You Happy Sources of information and guidance Who is it at your institution? JISC Legal Licence providers Lots of help!

38. Contact JISC Legal info@jisclegal.ac.uk 0141 548 4939 www.jisclegal.ac.uk http://twitter.com/JISCLegal

39. Sources of Support www.jisclegal.ac.ukExtensive copyright information, publications, audio-visual resources, links and helpdesk www.web2rights.org.ukA JISC project, with many useful, practical guides, forms and templates www.legislation.gov.ukThe Copyright, Designs and Patents Act 1988 39

41. More Help! The JISC Legal Copyright Webcasts Available at: http://www.jisclegal.ac.uk/ (via the JISC Legal Publications page) 41

42. Sources of Support The Licensing Agencieswww.cla.co.ukwww.nla.co.ukwww.era.org.ukwww.prsformusic.comwww.dacs.org.uk 42

43. Sources of Support www.jisc-collections.ac.ukJISC’s collective licensing organisation www.ipo.gov.ukThe UK Government-backed home of intellectual property on the Internet 43

44. 44 ? Your questions

45. 45