An introduction to copyright for people creating learning matereials

1. Ian Watson
Knowledge Media Programme 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 do you 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 it protect?
‣ Literary, dramatic, musical or artistic works
‣ Sound recordings, films and broadcasts
‣ Typographical arrangement of published
editions

5. Copyright protects
The expression of an idea
Not the idea itself

6. Why do we have 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 work belongs 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. Some history…

10. 1710 The Statute of 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 Intellectual Property Organisation
(WIPO) set up
‣ to encourage creative activity, to promote the
protection of intellectual property throughout the
world

13. Now
‣ Copyright lasts for life of creator + 70 years

14. Problems
Five minutes to discuss

15. ➡ Explicit, written permission (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
Copyright Design 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 compliance is a therefore a
process:
‣ Identify and understand risk
‣ Minimise risk

18. Fair Dealing and Fair 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 you use 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 University in 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 of Einstein’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 my Athens 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 a PowerPoint presentation and I would li

26. I think a few 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 like to include an article and photo from a n
Do I need to ask?

28. Twitter
Copyright in Tweets?
Copyright in 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
๏Sound recordings
‣ Background incidental music
‣ Soundtracks

30. Copyright infringment…
The biggest threat to an artist is obscurity, not
piracy
- Cory Doctorow
…or piracy?

31. Contracts / Licensing

32. Licencing
Agencies
Copyright Licensing Agency
http://www.cla.co.uk/
Newspaper Licensing 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. Alternative licencing schemes
Creative Commons

34. A form of licence 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 an alternative to the automatic all rights reserve
Dubbed some rights reserved.

36. ‣ A worldwide system 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 rights holders 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 Scottish Licences
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. Choose a licence
http://creativecommons.org/choose/

42. Attribution
http://creativecommons.org.au/learn-
more/fact-sheets/attribution

43. All about Creative
Commons
General information 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 Creative Commons licensed images
http://www.flickr.com/search/advanced
Unsplash: 10 free new photos every 10 days
http://unsplash.com/

46. Wikimedia
Photographs
https://commons.wikimedia.org/wiki/Category:Photogra
phs
Sound
https://commons.wikimedia.org/wiki/Category:Sound
Video
https://commons.wikimedia.org/wiki/Category:Videos

47. Creative Commons videos on Vimeo

48. Audio
Soundcloud
https://soundcloud.com/groups/creative-commons
Free Music Archive
http://freemusicarchive.org/curator/Video/

49. Audio - licensing
PRS for 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 a training 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 making a 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
The learning object might be used offline so you would like to
Can you use the embed code?

54. Downloading from Youtube infringes Youtube T&C
https://support.google.com/youtube/answer/56100?hl=en

55. Exercise
Still Images.
IRISS collection http://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 Copyright Myths from the UK Copyright Servic
ttp://www.copyrightservice.co.uk/copyright/copyright_my