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Elearning alliance copyright-creativecommons-nov 2013
This document discusses copyright and creative commons licensing. It begins with questions about what copyright is and isn't, then provides information on what types of work copyright covers and the meaning of public domain. The rest of the document discusses the purpose of copyright in encouraging creativity, how long copyright lasts, exceptions and limitations to copyright like fair use and fair dealing, and alternatives to traditional copyright like creative commons licensing. Creative commons licenses are explained, including the six types of CC licenses available in Scotland. The document provides guidance on assessing copyright risk and examples of analyzing copyright issues.
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Elearning alliance copyright-creativecommons-nov 2013
- 1. Ian Watson Knowledge MediaProgramme Manager IRISS Copyright, Content Creation and Creative Commons © 2013 Institute for Research and Innovation in Social Services. This work is licensed under the Creative Commons Attribution-Non-Commercial 2.5 UK: Scotland License. To view a copy of this licence, visit http://creativecommons.org/licenses/by-nc/2.5/scotland
- 2. Copyright • What doyou think it is? • What do think it isn’t? • What kinds of material does it cover? • What do you think ‘Public Domain’ means? SMALL GROUPS - FIVE MINUTES
- 3. What is Copyright? ๏A property right. Gives the holder the right to control: ‣ Reproduction ‣ Creation of derivative works ‣ Distribution of copies ‣ Public performances ‣ Public display
- 4. What does itprotect? ‣ Literary, dramatic, musical or artistic works ‣ Sound recordings, films and broadcasts ‣ Typographical arrangement of published editions
- 5. Copyright protects The expressionof an idea Not the idea itself
- 6. Why do wehave it? To encourage creativity by rewarding creators for allowing society to benefit from their creations.
- 7. The copyright bargain ๏The skill, creative effort, time and money invested in producing material may be wasted if others use or exploit that material without paying the creator. ๏ Gives the author… rights to control the use or commercial exploitation of the work. ๏ This includes rights to authorise or prohibit the copying, issuing of copies, renting or lending, performing, showing, playing, broadcasting or adaptation of the material.
- 8. Recap ๏ All workbelongs to someone ‣ creator, artist, composer, writer, author or their employer ๏ Copyright is created automatically ๏ Copyright owners have the right to control most uses of their work
- 9.
- 10. 1710 The Statuteof Anne ‣ Recognised authors as owners and provided a protection period of 28 years.
- 11. 1886 Berne Convention ‣Copyright must be automatic ‣ signatories must recognise the copyright of works of authors from other signatory countries
- 12. 1967 -World IntellectualProperty Organisation (WIPO) set up ‣ to encourage creative activity, to promote the protection of intellectual property throughout the world
- 13. Now ‣ Copyright lastsfor life of creator + 70 years
- 14. Problems Five minutes todiscuss
- 15. ➡ Explicit, writtenpermission (a licence) required from the copyright holder if you want to copy, distribute or perform a work ➡ Do you know who holds the copyright? ➡ Does the copyright holder know he/she/it holds copyright? ➡ Who within in a corporate body is authorised to licence the use of works? ➡ Many publications carry no information about permission to copy but depend on widespread circulation to make an impact. ➡ Requesting and issuing licences is time consuming and expensive - lawyers fees!
- 16. Legal uncertainty ๏ Exceptions CopyrightDesign and Patents Act 1988 has > 50 ‘permitted acts’ ‣ But these are narrowly defined ‣ Not possible to issue rules that will apply in all circumstances
- 17. ๏ Copyright complianceis a therefore a process: ‣ Identify and understand risk ‣ Minimise risk
- 18. Fair Dealing andFair Use ๏ Fair Use ‣ a doctrine in United States law ๏ Fair Dealing ‣ UK law - no clear definition and more limited than Fair Use - Non commercial research - Private study - News reporting - Criticism or review
- 19. Assessing risk If youuse content without permission you could be sued. ๏ Is your use likely to damage the owner’s commercial interests? ๏ Is the owner likely to be ‘pleased or indifferent’ ?
- 20. The Hebrew Universityin Jerusalem owns all rights pertaining to Albert Einstein's estate, including the rights to use his image. The University was awarded £44,000 as compensation for a breach of its intellectual property rights. http://www.timeshighereducation.co.uk/405071.article A furniture company used a picture of Einstein in an advertising campaign. https://commons.wikimedia.org/wiki/File:Citizen- Einstein.jpg
- 21. Exercise Discuss use ofEinstein’s image in previous slide
- 23. Living with risk Risk= A x B x C x D A - the probability that you are infringing copyright B - likelihood the the copyright owner finds out C - the likelihood that they will care enough to take any action D - the compensation they are likely to seek Exercise: Think of some examples and apply formula
- 24. I used myAthens login to find a journal article on SSK The article has a great diagram. Can I copy it into my Can I reproduce some of the text from above article in Exercises
- 25. I’m preparing aPowerPoint presentation and I would li
- 26. I think afew bars of Tina Turner singing ‘Simply the be 1. end a staff development training day and 2. add some life to a video I’m creating. Do I need someone’s permission or a licence?
- 27. I would liketo include an article and photo from a n Do I need to ask?
- 28. Twitter Copyright in Tweets? Copyrightin Storify (aggregating Tweets) …you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content and Third Party Content that you make available through the Storify Service or you have all rights, licenses, consents and releases that are necessary to grant to Storify the rights in such Member Content and Third Party Content, as contemplated under these Terms of Service… http://storify.com/tos contract law is often more relevant than copyright la
- 29. Discussion ๏Youtube ‣ embedding ‣ downloading ๏Soundrecordings ‣ Background incidental music ‣ Soundtracks
- 30. Copyright infringment… The biggestthreat to an artist is obscurity, not piracy - Cory Doctorow …or piracy?
- 31.
- 32. Licencing Agencies Copyright Licensing Agency http://www.cla.co.uk/ NewspaperLicensing Agency http://www.nla.co.uk/ PRS for Music http://www.prsformusic.com/ Educational Recording Agency http://www.era.org.uk/ Design Artists Copyright Society http://www.dacs.org.uk/
- 33.
- 34. A form oflicence in which the author surrenders some but not all rights Commonly used in by software developers Seeks to make source code freely available for others
- 35. Creative Commons Offers analternative to the automatic all rights reserve Dubbed some rights reserved.
- 36. ‣ A worldwidesystem of off-the-shelf licences Specifies what you are willing to allow others to do with your work without asking. You retain copyright (ownership) of your work Free to use Creative Commons
- 37. ‣ Frees rightsholders and licensees from time-consuming bi-lateral licence negotiations. No troublesome phone calls, letters or 40-page licence agreements requesting use of your work. You won't have to spend time contacting copyright holders. You won't have to speak to a lawyer every time you want to copy something. You can be sure you stay legal. Benefits
- 38. The Six ScottishLicences 1.Attribution (by) ๏ copy, distribute, display, perform the work and make derivative works ๏ must give the original author credit. 2. Attribution-Noncommercial (by-nc) ๏ As above but non commercial uses allowed 3. Attribution-Noncommercial-No Derivative Works (by-nc-nd) ๏ As above but no commercial uses or derivative works allowed 4. Attribution-Noncommercial-Share Alike (by-nc-sa) ๏ If you alter, transform, or build upon the work, the resulting work may be distributed only under a licence identical to this one. 5. Attribution-No Derivative Works (by-nd) ๏ As Attribution but no derivatives allowed 6. Attribution-Share Alike (by-sa) ๏ As Attribution but derivatives may be distributed only under a licence identical to this one.
- 41.
- 42.
- 43. All about Creative Commons Generalinformation about Creative Commons: http://creativecommons.org Summary of the six Scottish licences: http://creativecommons.org/international/scotland/ Sample CC licence deed http://creativecommons.org/licenses/by-nc-sa/2.5/scotland/ Choose a licence: http://creativecommons.org/license/ Examples of how each licence works: http://creativecommons.org/about/licenses Case studies: http://wiki.creativecommons.org/License_Examples Advanced – how to embed creative commons licences in metadata: http://wiki.creativecommons.org/UsingMarkup Video http://support.creativecommons.org/videos#wwt
- 44. Finding free content -Still images - Music - Video
- 45. Still images Flickr Find CreativeCommons licensed images http://www.flickr.com/search/advanced Unsplash: 10 free new photos every 10 days http://unsplash.com/
- 46.
- 47. Creative Commons videoson Vimeo
- 48.
- 49. Audio - licensing PRSfor Music (licence to use copyright music) http://www.prsformusic.com/Pages/Rights.aspx http://www.prsformusic.com/users/broadcastandonline /onlinemobile/Pages/default.aspx http://www.prsformusic.com/users/broadcastandonline /onlinemobile/Pages/PerformingRightOnlinelicence.as px
- 50. Exercise You are atraining manager. You are preparing a training course on singing and dementia. You found a report online and would like photocopy several pages to distribute to the participants. Discuss the legal position and the risks you might be taking. http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf
- 52. Exercise You are makinga multimedia learning object about digital participation. There is a clip on Youtube that would be perfect http://www.youtube.com/watch?v=-7kZj9E3zMI
- 53. Consider these questions Thelearning object might be used offline so you would like to Can you use the embed code?
- 54. Downloading from Youtubeinfringes Youtube T&C https://support.google.com/youtube/answer/56100?hl=en
- 55. Exercise Still Images. IRISS collectionhttp://www.flickr.com/photos/openlx Is it wise to use Creative Commons on all our images? Model Releases. IRISS collection http://www.flickr.com/photos/openlx/sets/7215762103899
- 56. Top 10 CopyrightMyths from the UK Copyright Servic ttp://www.copyrightservice.co.uk/copyright/copyright_my
Editor's Notes
- #22 raises question of image rights and commercial exploitation. GM also sued but US courts found in GM’s favour. But do you want to fight a lawsuit?
- #24 Clips from popular TV series – to enliven your Powerpoint Is classroom use different from putting slides online? Clip from recent blockbuster? Recording of hit song from the radio
- #55 But let’s apply the Risk Management formula