Copyright for Digital Learning
Darius Whelan
Irish Universities Association - Enhancing Digital Teaching and Learning in Irish Universities - Online Seminar, June 2020
Link to resources cited:
https://bit.ly/copyright_open_IUADigEd_June2020
Copyright in the digital age: a guide for librariansJane Secker
A short overview of copyright issues for librarians run as part of workshop organised by the CILIP Information Literacy Group on 9th September 2011 at Glasgow Calendonian University.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Copyright in the digital age: a guide for librariansJane Secker
A short overview of copyright issues for librarians run as part of workshop organised by the CILIP Information Literacy Group on 9th September 2011 at Glasgow Calendonian University.
Mental Health Act 2001 Toolkit Launch 10 Nov 2022Darius Whelan
The School of Law, University College Cork, has developed a Mental Health Act Toolkit in partnership with Mental Health Reform.
When people with mental health difficulties are admitted to mental health units, either on a voluntary or involuntary basis, it is vital that user-friendly, accessible, information is available regarding human rights. Access to this information is essential for people with mental health difficulties, their family members, advocates, supporters and carers. The Mental Health Act 2001 Toolkit is published on Mental Health Reform’s website.
Video of launch: https://youtu.be/cXOfqiMz77A
Toolkit:
https://www.mentalhealthreform.ie/mental-health-act-2001-toolkit/
Funded by the Irish Research Council.
Hunger Strikes in Prison: The Legal Issues Oct 2020Darius Whelan
‘Hunger Strikes in Prison: The Legal Issues’, Conference Paper at conference, "Terence MacSwiney, Cork Men’s Gaol, and the Political Hunger Strike, 1920-2020", School of History, University College Cork, October 2020
Employees and Internet Use - Legal PerspectiveDarius Whelan
E Law Developments: Employees and Internet Use
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
http://www.ucc.ie/law/courses/
E Law Developments: Copyright Law
Southern Law Association event, Cork, September 2019
Darius Whelan, School of Law, UCC
IT Law Clinic
https://www.ucc.ie/en/law/courses/
LLM in Intellectual Property and E Law, University College Cork, IrelandDarius Whelan
LLM in Intellectual Property and E Law, University College Cork
School of Law
https://www.ucc.ie/en/lawsite/ucc-master's-law/
https://www.ucc.ie/en/ckl16/
Human Rights and Mental Health TribunalsDarius Whelan
Irish Association of Social Workers
Learning from each other; Critical Reflections on the intersections between the Mental Health Act 2001 and Human Rights.
Dublin, February 2019
Shari McDaid - The Mental Health Act 2001: Issues from a Coalition PerspectiveDarius Whelan
Dr Shari McDaid - The Mental Health Act 2001: Issues from a Coalition Perspective
Dr Shari McDaid is the Director of Mental Health Reform.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony - Mental Health...Darius Whelan
Dr Liz Brosnan: Voices from the Margin / Psychiatric Hegemony.
Dr Liz Brosnan is a Sociologist and Survivor Activist.
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association.
25 April 2015
http://www.imhla.ie
#mhlaw2015
Maria Morgan: The Mental Health Act 2001 from a Clinician's PerspectiveDarius Whelan
Dr Maria Morgan, Consultant Psychiatrist
The Mental Health Act 2001 from a Clinician's Perspective
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Anselm Eldergill: The Court of Protection and the Mental Capacity Act: Capaci...Darius Whelan
Judge Anselm Eldergill, Court of Protection
The Court of Protection and the Mental Capacity Act: Capacity to Change?
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Michael Lynn: Capacity and Consent Issues [presented at Mental Health Law Con...Darius Whelan
Capacity and Consent Issues - Mr Michael Lynn, Senior Counsel
Presented at Mental Health Law Conference 2015 - Centre for Criminal Justice & Human Rights, School of Law, University College Cork and Irish Mental Health Lawyers Association
25 April 2015
http://www.imhla.ie
#mhlaw2015
Developing Students' E-Literacy (Teaching and Learning)Darius Whelan
Presentation at University College Cork Digital Day, December 2014
http://www.ucc.ie/en/teachlearn/tel/digitalday2014/
Organised by Vice Presiodent for Teaching and Learning.
Ionad Bairre.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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Car Accident Injury Do I Have a Case....Knowyourright
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1. Copyright Law for Digital
Learning
Darius Whelan,
School of Law, University College Cork
IUA Enhancing Digital Teaching & Learning in Irish
Universities, June 2020
3. Sources of Copyright Law
3
Berne Convention 1886
Copyright and Related Rights Act 2000
Information Society Directive 2001
Case-law of Irish and
European courts
Copyright and Other
Intellectual Property Law
Provisions Act 2019 Digital Single Market Directive 2019
8. 8
Copyright Law for Digital Teaching and Learning event, 2014, UCC
Image Credit: Patrick Rice, UCC
9. Caution
9
Copyright Law for
Education is complex
“Short answers” are not
always possible
Ideally, full-time copyright
officers in colleges could
help staff with copyright
queries
This talk is a Work in
Progress
10. 10
It is unlikely that you can ever be 100 per cent sure
that your teaching doesn’t infringe copyright in any
way, which is one of the biggest challenges around
communicating copyright issues to those designing
and delivering learning
Secker & Morrison - https://bit.ly/401-IE
12. Some copyright law terminology
12
‘Literary work’
includes a book,
article, poem,
brochure, text on
websites,
computer
programs
‘Artistic work’
–
photographs,
diagrams,
paintings,
cartoons
‘Film’ –
includes
films, videos,
animated gifs
‘Sound
recording’ –
An MP3 file;
a recording
in any other
medium
13. 13
• Dramatic works …
• Musical Works …
• Broadcasts …
• Databases …
• Performances …
• Moral rights …
• Orphan works …
• Text and Data mining …
14. COPYRIGHT
REVIEW
COMMITTEE
• Consultation Paper 2012
• Report 2013
14
Ms Patricia McGovern, DFMG Solicitors, Dublin, Minister Seán Sherlock, Minister of
State for Research and Innovation, Dr Eoin O’Dell, TCD, Professor Steve Hedley,
UCC.
15. The 2019 Amendments to Copyright
• Broader definition of Education
• Broader definition of Educational Establishment
• Specific provisions for Illustration for Education (s.57),
Distance Learning (s.57A), Use of work available through
Internet (s.57B)
15
17. ICLA Licence
• ICLA Licence is recognised by law (Statutory Instrument), so is crucially
important
• Assuming your college has purchased an ICLA licence, this permits copying
and usage of some material subject to certain conditions
• Current Higher Education licence only deals with literary works and visual
and graphic representations when these are an integral part of the
published text.
• 10% of a book, or all of a journal article or poem
• The Act refers to 5%, but the ICLA HE licence extends to 10% (+ more
generous in other ways)
17
18. • If the material is not covered in the licence, then you can’t avail of
s.57
• ‘Licence override’ in s.57C - An exemption provided in s. 57, 57A or
57B shall not apply where there is a licensing scheme certified
under s.173 that is applicable to the exemption concerned
• New ICLA licence and new Statutory Instrument expected in
Summer 2020
• It is expected that new licence will cover material by default, unless
on list of excluded works
18
19. 19
• New licence will apply mainly to literary works and images
which are integral to those works
• There may be a reporting obligation – colleges report
usage to ICLA (to enable distribution of fees to
publishers)
• New licence will not cover film/ video, which means
videos will be governed by the Act rather than the licence
20. 20
ICLA is preparing
guidance for colleges on
new licence
Colleges may approach
ICLA for discussions
about licence and
guidance
21. 21
• Focus today will be on using third-party content in Digital
Learning materials
• Third-party content is content produced by somebody other
than the lecturer, e.g.
• Four paragraphs from a journal article [literary work]
• A photograph or diagram [artistic work]
• A video [film]
22. • In examples which follow, it will be assumed that work is used
• For non-commercial educational purposes
• With acknowledgement of the source
• In an ‘educational establishment’ as defined in Acts
• The college owns a lawful copy of the work (for non-internet works)
• The college has purchased a licence from the ICLA
• The ICLA new licence has been published (still awaited)
• The lecturer is putting the material in the college’s VLE (not on the
open Internet or in a MOOC)
• For internet literary works and integral images – copying is not
prohibited by website terms and conditions and copying does not
breach any technological protection measures (TPM)
22
24. Four paragraphs from a journal article
• Permitted under s.57 or s.57A. Illustration / Distance
learning. But will be overridden by terms of new ICLA
licence. Check list of excluded works.
• Some circumstances – s.57B Work available through Internet
• If you re-type the four paragraphs, this is probably permitted
under s.53(1) CRRA. Non-reprographic copying for
education
• Even if directly copied (reprographically), it may be permitted
by the quotation / extracts exception in s.52(4)
24
26. An image
26
• If image is part of a published text covered by
ICLA licence:
• Will be permitted under ICLA Licence.
• Check list of excluded works.
• Otherwise – stand-alone images:
• S.57 (5% limit) or s.57A. Illustration /
Distance learning.
• S. 57B - work available through Internet
• As ICLA licence mainly covers literary
works, then s.57 or 57A may still apply to
stand-alone images (artistic works)
This Photo by Unknown Author is licensed
under CC BY-SA
27. 27
• In some situations, quotation / extracts – s.52(4) – might
apply to an image
30. A video
Freely-available internet video:
• S.57B Work available through Internet
Commercial video:
• [Playing a video in class onsite remains permitted by s.55(2)]
• S.57 (5% limit) Illustration
• S.57A Distance learning (no 5% limit)
• In some circumstances quotation / extracts – s.52(4) – might
apply
30
31. 31
Key insights
from the
2014 seminar
(updated)
In online learning materials, it is better from a copyright law perspective
to direct users to find the material themselves rather than providing a
copy to them
The educational exceptions regarding copyright have been broadened in
2019
Staff should familiarise themselves with the requirements of the ICLA
licence (new licence due)
It can be valuable for an institution to have one team or central unit
dealing with copyright
If using images licensed under Creative Commons, it is important to
always use proper attribution
32. Changes in the DSM Directive 2019
32
• Directive 2019/790
• To be implemented in Member States by June 2021
• Article 5 deals with Education
• See COMMUNIA website - https://bit.ly/00DW-IUA
• In Ireland, Dept of Business, Enterprise and Innovation is the Dept
to which queries / comments should be sent