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Licensing challenges under
distributed education
Martyn Jansen, Eduserv Contracts & Legal Manager
FAM 11, 9th November 2011
Breakout session 1 - Users
Licensing challenges under distributed education

• highly disrupted education market

• changing relationships between users and licensed
  entities

• the way licence are drafted in response may lead to
  greater divergence or convergence with identity and
  access management best practice
Historic position

•   licensed institution - single physical site
•   teaching staff - full time employees
•   students - full time at the licensed institution
•   publicly funded

• easy to identify licensee and users
Early evolution – other authorised users

•   part time students
•   “shared” students
•   visiting students
•   visiting lecturers
•   contract staff
•   admin and ancillary staff
Distributed education

• distributed ICT
• administrative/operational roll-out of education
Overseas ventures
Overseas ventures
Overseas ventures
Overseas ventures
We are planning to run a new course BA(Hons) Accounting and Financial Management with
projected student numbers of 100 based in Singapore.

The students will be registered as University of Portsmouth students and their award will be
a University of Portsmouth award.

The teaching staff will be employed by our partner in the delivery of this programme.
University of Portsmouth staff are involved in terms of moderation and exam boards.
Overseas ventures



The campus will be run by USMC Sdn BhD who are a wholly owned subsidiary of UOS but are registered in Malaysia.
The buildings will be leased.

The staff and students will be numbered in our HESA count. The academic/research staff will be UOS staff from the
UK who will typically have a 3 month tour of duty. Ancillary staff will be locally employed by USMC.

The new campus will offer 4 year first degree Engineering courses. The students will study years one and two in
Malaysia and then transfer to the UK to complete their course.
Educational partnerships
Educational partnerships
Educational partnerships
Educational partnerships
Educational partnerships




                           “Self service degrees”

                           “In the online world you don’t need to
                           fill buildings or lecture theatres with
                           people and you don’t need to be
                           trapped into a lecture timetable,” says
                           Peter Scott
Educational partnerships
SWWHEP Library Services
The library services of Swansea University, Swansea Metropolitan University and University of Wales
Trinity St David are collaborating to create a unique Virtual Academic Library. This is funded by the
HEFCW Reconfiguration and Collaboration Fund …

The Virtual Academic Library is a three-year project with a budget of over £1 million. It will aim at a
holistic approach to library services for all 17,000 higher education students and 1200 academic staff in
South West Wales based on shared resources and access.

I'm not sure if we've ever been asked about joint acquisitions - either between academic institutions or
academic and public libraries, but I can anticipate that we might be asked this. CyMAL is the body for
Museums Archives and Libraries Wales….
New types of entity and private institutions
New types of entity and private institutions
At this time, the total picture of private HE provision in the UK is not clear. HESA has run a
survey to try and scope this landscape … The results … have been published …though we
are aware that this is not a complete picture of private provision in the UK.

The Listed Bodies order includes private providers … and is restricted to institutions offering
degrees awarded by recognised awarding bodies. There are about 730 institutions on this
list.

You might also be aware of the excellent UUK report into private providers which… goes a
long way to identify the different types of provision and provider that currently exist in the UK
New types of entity and private institutions
New types of entity and private institutions
New types of entity and private institutions
The University of East Anglia (UEA) has officially opened its new £5m campus in London.

Into UEA London has been set up through a public-private partnership to attract students
from overseas and to improve cultural and political links.

The site, a collaboration with Into University Partnerships.

The building in the City of London is shared with City University.
New types of entity and private institutions
New types of entity and private institutions

UTCs are a new type of institution for students aged 14 to 19, combining practical
and academic study and specialising in technical studies. The areas of specialism
are supported by close links with employers and the expertise of the university
sponsor.

Each college is sponsored by a university or an FE college, of which work with the
local authority and employers to decide what it will specialise in. The specialism's
reflect the institution's areas of excellence.
New types of entity and private institutions
New types of entity and private institutions
Entrepreneurial skills cultivated among private school students that go on to study
at Imperial College London may soon be held up as a model for the rest of the
education sector.

The institution is set to collaborate with University College London (UCL) to launch
a new pilot scheme entitled Start-Up Summer, which will complement a
government push towards improving school and university leavers' business
talents.

The Department of Business, Innovation and Skills is keen to develop a similar
attitude among other state and independent schools.
New types of entity and private institutions
Lancaster and Liverpool aim to strengthen global hand with 'federal structure'
collaboration                                              29 September 2011

Lancaster University and the University of Liverpool could unite to form a "federal
structure"...

"We are not looking at a merger. We are talking about elements where we might come
together for greater collaboration...to create a federal structure.“

…the university "is in major discussions with Guangdong Foreign Studies University in
China to open a campus to be known as Guangwai-Lancaster University".

The green paper notes that both Lancaster and Liverpool have …plans (for) two campuses
in China and two in India. ..structural changes happening in India, China and elsewhere... "
New types of entity and private institutions
Validated and franchised courses
Non-educational/commercial partnerships
Non-educational/commercial partnerships


The Merseybio Business Incubator is a state-of-the art facility
for developing biotechnology businesses. Officially opened in
January 2004, the Incubator is home to some very exciting
young companies.
Distributed education – summary of entities

•   overseas ventures
•   educational collaborations
•   new and private entities
•   validated and franchised courses
•   commercial partnerships
User considerations – franchised course


                           Students B




                       Location   Location
          Teachers B
                          B          A



                       Location   Location
          Teachers A
                          B          A
Licensed entity approach


    licensed entity        partner entities


                           educational   commercial
                            partners      partners




                                 users become irrelevant?
Overseas campus
                                         standard     rights
                                          licence   needed for
                                                     partners



   wholly owned




   collaboration with local university
Licensed entity approach


    licensed entity        partner entities
Chest standard licence

• simplified definition of users
• standard licence – licensee’s own activities
• access for educational partners
   Option for Extended Educational Purposes
• access for commercial partners
   Licence Extension for Commercial Projects
Summary

•   growth in entity types
•   complex relationships between users and entities
•   trend will continue
•   defining licensed users ultimately unhelpful

• thank-you
         martyn.jansen@eduserv.org.uk

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Licensing challenges under distributed education - Martyn Jansen

  • 1. Licensing challenges under distributed education Martyn Jansen, Eduserv Contracts & Legal Manager FAM 11, 9th November 2011 Breakout session 1 - Users
  • 2. Licensing challenges under distributed education • highly disrupted education market • changing relationships between users and licensed entities • the way licence are drafted in response may lead to greater divergence or convergence with identity and access management best practice
  • 3. Historic position • licensed institution - single physical site • teaching staff - full time employees • students - full time at the licensed institution • publicly funded • easy to identify licensee and users
  • 4. Early evolution – other authorised users • part time students • “shared” students • visiting students • visiting lecturers • contract staff • admin and ancillary staff
  • 5. Distributed education • distributed ICT • administrative/operational roll-out of education
  • 9. Overseas ventures We are planning to run a new course BA(Hons) Accounting and Financial Management with projected student numbers of 100 based in Singapore. The students will be registered as University of Portsmouth students and their award will be a University of Portsmouth award. The teaching staff will be employed by our partner in the delivery of this programme. University of Portsmouth staff are involved in terms of moderation and exam boards.
  • 10. Overseas ventures The campus will be run by USMC Sdn BhD who are a wholly owned subsidiary of UOS but are registered in Malaysia. The buildings will be leased. The staff and students will be numbered in our HESA count. The academic/research staff will be UOS staff from the UK who will typically have a 3 month tour of duty. Ancillary staff will be locally employed by USMC. The new campus will offer 4 year first degree Engineering courses. The students will study years one and two in Malaysia and then transfer to the UK to complete their course.
  • 15. Educational partnerships “Self service degrees” “In the online world you don’t need to fill buildings or lecture theatres with people and you don’t need to be trapped into a lecture timetable,” says Peter Scott
  • 16. Educational partnerships SWWHEP Library Services The library services of Swansea University, Swansea Metropolitan University and University of Wales Trinity St David are collaborating to create a unique Virtual Academic Library. This is funded by the HEFCW Reconfiguration and Collaboration Fund … The Virtual Academic Library is a three-year project with a budget of over £1 million. It will aim at a holistic approach to library services for all 17,000 higher education students and 1200 academic staff in South West Wales based on shared resources and access. I'm not sure if we've ever been asked about joint acquisitions - either between academic institutions or academic and public libraries, but I can anticipate that we might be asked this. CyMAL is the body for Museums Archives and Libraries Wales….
  • 17. New types of entity and private institutions
  • 18. New types of entity and private institutions At this time, the total picture of private HE provision in the UK is not clear. HESA has run a survey to try and scope this landscape … The results … have been published …though we are aware that this is not a complete picture of private provision in the UK. The Listed Bodies order includes private providers … and is restricted to institutions offering degrees awarded by recognised awarding bodies. There are about 730 institutions on this list. You might also be aware of the excellent UUK report into private providers which… goes a long way to identify the different types of provision and provider that currently exist in the UK
  • 19. New types of entity and private institutions
  • 20. New types of entity and private institutions
  • 21. New types of entity and private institutions The University of East Anglia (UEA) has officially opened its new £5m campus in London. Into UEA London has been set up through a public-private partnership to attract students from overseas and to improve cultural and political links. The site, a collaboration with Into University Partnerships. The building in the City of London is shared with City University.
  • 22. New types of entity and private institutions
  • 23. New types of entity and private institutions UTCs are a new type of institution for students aged 14 to 19, combining practical and academic study and specialising in technical studies. The areas of specialism are supported by close links with employers and the expertise of the university sponsor. Each college is sponsored by a university or an FE college, of which work with the local authority and employers to decide what it will specialise in. The specialism's reflect the institution's areas of excellence.
  • 24. New types of entity and private institutions
  • 25. New types of entity and private institutions Entrepreneurial skills cultivated among private school students that go on to study at Imperial College London may soon be held up as a model for the rest of the education sector. The institution is set to collaborate with University College London (UCL) to launch a new pilot scheme entitled Start-Up Summer, which will complement a government push towards improving school and university leavers' business talents. The Department of Business, Innovation and Skills is keen to develop a similar attitude among other state and independent schools.
  • 26. New types of entity and private institutions Lancaster and Liverpool aim to strengthen global hand with 'federal structure' collaboration 29 September 2011 Lancaster University and the University of Liverpool could unite to form a "federal structure"... "We are not looking at a merger. We are talking about elements where we might come together for greater collaboration...to create a federal structure.“ …the university "is in major discussions with Guangdong Foreign Studies University in China to open a campus to be known as Guangwai-Lancaster University". The green paper notes that both Lancaster and Liverpool have …plans (for) two campuses in China and two in India. ..structural changes happening in India, China and elsewhere... "
  • 27. New types of entity and private institutions
  • 30. Non-educational/commercial partnerships The Merseybio Business Incubator is a state-of-the art facility for developing biotechnology businesses. Officially opened in January 2004, the Incubator is home to some very exciting young companies.
  • 31. Distributed education – summary of entities • overseas ventures • educational collaborations • new and private entities • validated and franchised courses • commercial partnerships
  • 32. User considerations – franchised course Students B Location Location Teachers B B A Location Location Teachers A B A
  • 33. Licensed entity approach licensed entity partner entities educational commercial partners partners users become irrelevant?
  • 34. Overseas campus standard rights licence needed for partners wholly owned collaboration with local university
  • 35. Licensed entity approach licensed entity partner entities
  • 36. Chest standard licence • simplified definition of users • standard licence – licensee’s own activities • access for educational partners Option for Extended Educational Purposes • access for commercial partners Licence Extension for Commercial Projects
  • 37. Summary • growth in entity types • complex relationships between users and entities • trend will continue • defining licensed users ultimately unhelpful • thank-you martyn.jansen@eduserv.org.uk