Elearning alliance. Creative commons and copyright. An introduction. 13 June 2013.

1. June 2013
Copyright, Content Creation
and Creative Commons
Ian Watson
© 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?
What does it
protect?
What’s its
purpose?
A property right, giving the holder the right to control:
• Reproduction
• Creation of derivative works
• Distribution of copies
• Public performances
• Public display
• Literary, dramatic, musical or artistic works
• Sound recordings, films and broadcasts
• Typographical arrangement of published editions
But only the expression of an idea, not the idea itself.
To encourage creativity by rewarding creators for
allowing society to benefit from their creations.

4. November 2008
Copyright – basic features
 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

5. Copyright – a tiny bit of history
The Copyright Act 1710 (The Statute of Anne).
Recognised authors as owners and provided a
protection period of 28 years.
World Intellectual Property Organisation
– created in 1967 "to encourage creative activity,
to promote the protection of intellectual
property throughout the world.”
Copyright now: life + 70 years

6. 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.
 Copyright gives the author … rights to control the use or
commercial exploitation of the work that he or she has
created.
 This includes rights to authorise or prohibit the copying,
issuing of copies, renting or lending, performing,
showing, playing, broadcasting or adaptation of the
copyright material.
http://www.out-law.com/page-5633

7. Problems
 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!

8. Legal uncertainty
Copyright compliance is a therefore a process:
•Identify and understand risk
•Minimise risk
Exceptions
•Copyright Design and Patents Act 1988 has > 50 ‘permitted acts’
•These are narrowly defined
Not possible to issue rules that will apply in all circumstances

9. Fair Dealing and Fair Use
Fair Use – is a doctrine United States law, not in UK law
Fair Dealing – UK law. No clear definition
•Non commercial research
•Private study
•News reporting
•Criticism or review
Berne Convention (1886). Three step test
Copyright exceptions shall:
•Be confined to special cases
•Not conflict with normal exploitation of the work
•Not unreasonably prejudice the interests of the rights holder

10. •A furniture company used a picture of Einstein in an advertising campaign.
•The Hebrew University in Jerusalem is the heir and owner of 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
RISK MANAGEMENT
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’ ?

11. RISK – manage it
 Might the rights holder be ‘pleased or indifferent’?
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

12. RISK – Examples
Let’s apply Risk = A x B x C x D to various cases
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
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

13. Exercise
NSLWG 26
I used my Athens login to find a journal article on SSKS. Can I put
this article in my VLE?
NO!
The article has a great diagram. Can I copy it into my training
manual without permission?
NO!
Yes but...
I’m preparing a PowerPoint presentation and I would like to include a
photo of the Forth Bridge that I found on the internet. Is that OK?
I think a few bars of Tina Turner singing ‘Simply the best’ would be a
perfect way to 1. end a staff development training day and 2. a video
I’m creating. Do I need someone’s permission or a licence?
1. Yes
2. Yes
I would like to include an article and photo from a newspaper. Do I
need to ask?
Yes
Can I reproduce some of the text from above article in
a learning object?
Maybe

14. Discussion
 Copyright in Tweets?
 Copyright in Storify (aggregating Tweets)
NSLWG 26
Message: contract law is often more relevant than copyright law
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

15. Sound recordings
 Background incidental music?
 Soundtracks?
 Example: Sight and Sound project
http://sightandsoundproject.wordpress.com/
 Use embedded links to Youtube etc
 attribution
NSLWG 26

16. 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/
The biggest threat to an artist is obscurity, not piracy
Cory Doctorow

17. Alternative licencing schemes
What are they?
Common Ones Are:
Copyleft is a form of licensing and
can be used to maintain copyright
conditions for works such as
computer software, documents and
art.
Described as at the forefront of the copyleft
movement, seeking to support building a richer
public domain by providing an alternative to the
automatic "all rights reserved" copyright, dubbed
"some rights reserved.“1
Creative Commons
1
Broussard, Sharee L. (September 2007). "The copyleft movement: creative commons licensing". Communication Research Trends.

18. Creative Commons
 A worldwide system of off-the-shelf licences that
you can attach to your work
 CC Licence specifies what you are willing to allow
others to do with your work without asking you.
 CC free to use
 You retain copyright (ownership) of your work

19. Benefits
 Creative Commons frees rights holders and licensees from
troublesome bi-lateral licence negotiations.
 You won't get troublesome phone calls, letters or 16-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

20. The Six Scottish
Licences
 Attribution (by)
– copy, distribute, display, perform the work and make derivative works
– must give the original author credit.
 Attribution-Noncommercial (by-nc)
– As above but non commercial uses allowed
 Attribution-Noncommercial-No Derivative Works (by-nc-nd)
– As above but no commercial uses or derivative works allowed
 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.
 Attribution-No Derivative Works (by-nd)
– As Attribution but no derivatives allowed
 Attribution-Share Alike (by-sa)
– As Attribution but derivatives may be distributed only under a licence identical to this one.
http://creativecommons.org/international/scotland/

21. NSLWG 26 November 2007
Sample
Scottish
Deed
http://creativecommons.org/licenses/by-nc-sa/2.5/scotland

22. Applying a Creative Commons Licence to your work
Go to http://creativecommons.org/license/

23. Useful links
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

24. Vimeo and royalty free music
NSLWG 26
https://vimeo.com/musicstore
Attribution example
https://vimeo.com/album/2387391/video/65047594

25. Flickr and still images
NSLWG 26
Find Creative Commons licenced image s
http://www.flickr.com/search/advanced
Attribution example
http://creativecommons.org.au/learn-more/fact-sheets/attribut
Model releases. Subject has agreed the use of the their
image
http://www.flickr.com/photos/openlx/sets/
Unsplash 10 new photos every 10 days
http://unsplash.com/

26. Audio
NSLWG 26
Share your sounds and find others on Soundcloud
http://soundcloud.com/
Audioboo http://audioboo.fm
Sharing and finding audio clips
Except for content which you upload to the Site, all of the music, photos and material
on this Site (the "Content") is owned and controlled by us or others, including members
of the public. Please respect their interests and rights by not copying or sharing the
Content except as permitted on the Site.
By Posting, you are authorising and granting to us and (if applicable) the relevant
commercial partner(s) an irrevocable, worldwide, perpetual, royalty-free, and non-
exclusive licence to exploit the User Content, in particular by displaying and making it
available to the public.
You will retain ownership of your User Content at all times, except that in certain
circumstances where you have uploaded your User Content to the site of one of our
commercial partners, that commercial partner will acquire ownership
http://audioboo.fm/terms

27. NSLWG 26
Audio
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/PerformingRightO

28. Exercise
NSLWG 26
• You are a training manager.
• You are preparing a training course on singing and dementia
• You have found a report online and would like photocopy several pages to
distribute to the participants
• http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf
• Discuss the legal position and the risks you might be taking

29. Exercise
NSLWG 26
• You are a training manager.
• You are preparing a training course on
singing and dementia
• You have found a report online and
would like photocopy several pages to
distribute to the participants
• http://www.canterbury.ac.uk/Research/Centres/SDHR/Documents/SingingandpeoplewithDementia.pdf
• Discuss the legal position and the
risks you might be taking

30. Exercise 2
NSLWG 26
• 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
Consider these questions
• The learning object might be used offline so you would like to download the video
and add it to the object, and you have found a tool (iLivid) that will do this – is that
OK?
• Can you use the embed code?
• See http://support.google.com/youtube/bin/answer.py?hl=en&answer=56100
CreativeVimeo
•Dementia UK’s videos https://vimeo.com/38085132
•Download offered.
•Is it permissible to download and include in a learning object?

31. Exercise 3
NSLWG 26
• IRISS has helped an academic put a research report online
• It contains audio and video material created by young people
who participated in the research
• http://sightandsoundproject.wordpress.com/
• What are the copyright issues?
• Music with a message
• One way track
• Music created by the participants
Creative

32. Exercise 4
NSLWG 26
• Still Images. IRISS collection http://www.flickr.com/photos/openlx
• Is it wise to use Creative Commons on all our images?
Creative
• No
• People: could infringe data protection law
• Model Releases.
• IRISS collection http://www.flickr.com/photos/openlx/sets/72157621038991784/

33. Exercise 5
NSLWG 26
• You have an open plan workspace and you’d like to play music from the radio
• Is it that OK?
Creative
• No
• You you need a PRS licence
http://www.prsformusic.com/users/businessesandliveevents/musicforbusinesses/P
ages/default.aspx

34. References
NSLWG 26
Creative
https://delicious.com/irissorg/copyright

35. NSLWG 26
Sources of free to use content
http://commons.wikimedia.org/
http://www.publicdomainpictures.com/
http://www.public-domain-photos.com/
http://www.imageafter.com/