Introduction to open educational resources, the eLearning Repository and the PORSCHE project personal experiences of current practice Introduction to Creative Commons and open licensing and questions Copyright Patient and non-patient consent Demonstration of finding openly licensed resources online Using the OER toolkit, attribution tools and attributing creators

1. Open educational resources - using and creating sharable teaching materials in health care - findings of the PORSCHE OER project Kate Lomax NeLR, London Deanery Lindsay Wood, Suzanne Hardy, Megan Quentin-Baxter HEA MEDEV

3. Programme 13.30 Welcome to and purpose of the workshop - introduction to open educational resources, the eLearning Repository and the PORSCHE project 14.00 Breakout - personal experiences of current practice 14.20 Introduction to Creative Commons and open licensing and questions 14.50 Demonstration of finding openly licensed resources online 15.15 Using the OER toolkit, attribution tools and attributing creators 16.00 Wrap up and close

5. "digitised materials offered freely and openly for educators, students and self-learners to use and reuse for teaching, learning and research” Hylén, Jan (2007). Giving Knowledge for Free: The Emergence of Open Educational Resources. Paris, France: OECD Publishing. p. 30

6. Background £5.7+£4=£9.7 millions (and another £4 millions)

8. 2000 resources uploaded to www.jorum.ac.uk

9. Recommendations included:

10. Authors ‘hallmark’ all content (whether to be made open or not) with CC licences

11. Consent everything (even where ownership and patient/non-patient rights appear clear) and store copies of consent with resource

12. Review institutional policies against good practice risk-assessment tools

13. UK HE enter into dialogue with publishers to increase potential for third party upstream rights (especially images, music and video)

14. Establish staff reward system (for recognition of sharing & reusing resources, PDRs, promotion criteria, etc.)www.medev.ac.uk/oer/ #ukoer #ooer #medev contact: suzanne@medev.ac.uk

15. Institutional policy recommendations That authors should ‘hallmark’ all their content with e.g. CC licences(e.g. CC ‘by’ attribution only) Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent in NHS record (patients) or with resource Review institutional policies against good practice Include disclaimers in resources UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights Seek to replace, over time, any questionable material Have sophisticated‘take-down’policies

16. Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE) Seamless access to academic and clinical elearning resources cc: by Tony the Misfit http://www.flickr.com/photos/tonythemisfit/2580913560/ contact: lindsay@medev.ac.uk www.medev.ac.uk/ourwork/oer/ #porscheoer #ukoer #medev

17. 3 www.jorum.ac.uk www.elearningrepository.nhs.uk/

18. Consent Commons ameliorates uncertainty about the status of educational resources depicting people, and protects institutions from legal risk by developing robust and sophisticated policies and promoting best practice in managing information. consent commons

20. Uploaded to VLE

21. No evidence of consent

22. No access to patient record

23. Location of risk unclear

24. Doctor collects consent

25. Recordings taken

26. Consent for recordings stored with patient record

27. Clear guidance availableWe all want to do the right thing!

28. Proposing a “Consent Commons” A human subject version of Creative Commons Accepts a basic human right to refuse their image/voice appearing and, where they have previously consented, their right to withdraw their consent Would work like Creative Commons in that you hallmark material with the consent status and when consent needs to be reviewed (if ever) Has levels of release (e.g. Closed; ‘medic restrict’; review [date]; fully open) Terms of the consent needs to be stored with/near the resource www.medev.ac.uk

29. Digital professionalism To be a digital professional every member of staff who contributes to curriculum delivery, in both NHS and academic settings should be able to identify, model and understand professional behaviour in the digital environment. CC-BY Official US Navy Imagery www.flickr.com/photos/usnavy/5509486066/

30. Accredited Clinical Teaching Open Resources (ACTOR) Partners: University of Bristol, University of Cambridge, Hull York Medical School, Newcastle University, Peninsula College of Medicine and Dentistry. www.medev.ac.uk/oer/ #ukoer #actor #medev cc: by-nc By Maxi Walton http://www.flickr.com/photos/maxiwalton/898138774/ Contact: gillian@medev.ac.uk

31. personal experiences of current practice Breakout: groupwork. 20 minutes

32. Icebreaker

34. 

35. CONSENT

36. www.medev.ac.uk October 2010 cc: by-sa

37. Feedback to group

38. MEDEV’s value statement from the OOER project shows some of the benefits of developing open educational resources. These include: enhancing the quality of learning and teaching resources financial benefits benefits for institutions, and collaboration between institutions potential advantages for student recruitment, satisfaction, and retention Sharing openly: benefits www.medev.ac.uk/ourwork/oer/value/

40. Transparency and accountability

41. Equality of access

42. Increased utility

43. Increased applications & better retention

44. Recent blog post: It turns out students do use OER and it does save time http://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-turns-out-that-oer-does-save-time-and-students-do-use-them/www.medev.ac.uk/ourwork/oer/value/

45. One of the benefits of being explicitly ‘open’ is that it removes the need for people to ask before re-using stuff. Without it, everything boils down to ‘am I allowed to do this?’ type question and many forms of re-use will stop at that hurdle because the costs of getting the answer are too great Andy Powell comment on David Wiley’s blog http://opencontent.org/blog/archives/1735

46. Mitigating risk by adopting good practice to save time and money OER is irrelevant (but a nice by-product )

48. Introduction to open licensing and creative commons Open Educational Resources

49. http://creativecommons.org/

50. 

51. Creative Commons: creativecommons.org/about/licenses/

52. Demonstration of finding openly licensed resources online Open Educational Resources

53. www.jorum.ac.uk

55. www.nottingham.ac.uk/xpert/

56. www.google.co.uk/

57. http://creativecommons.org/

58. Using OER TOOLKITS Open Educational Resources

59. www.medev.ac.uk MEDEV good practice toolkit learning resource metadata collection content comparison against good practice guidance on copyright/IPR, consent and quality assurance sign-off/auditing learning resource ‘put in many places’ syndication through APIs

60. MEDEV good practice risk assessment toolkit www.medev.ac.uk/ourwork/oer/toolkits/

61. www.medev.ac.uk/ourwork/oer

71. Using attribution tools to acknowledge creators Open Educational Resources

72. www.nottingham.ac.uk/xpert/attribution/

73. Attribution tools http://openattribute.com/

74. Drop down gives HTML or plain text options to copy into your resource

77. www.elearningrepository.nhs.uk/ richard.osborn@londondeanery.ac.uk kate.lomax@londondeanery.ac.uk twitter.com/nhselearning www.medev.ac.uk/oer/ suzanne@medev.ac.uk lindsay@medev.ac.uk twitter.com/hea_medev

78. Links in response to questions Creative Commons licence embedding during content creation https://creativecommons.org/about/downloads Creative Commons licence embedding in Adobe media http://bit.ly/paJR33 JISC OER starter pack and model templates http://www.web2rights.com/OERIPRSupport/starter.html JSIC OER IPR Support Licence Compatability Wizards http://www.web2rights.com/OERIPRSupport/creativecommons/

80. http://www.elearning.nhs.uk/

81. http://www.medev.ac.uk/ourwork/oer/toolkit/

82. http://www.nottingham.ac.uk/xpert/attribution/

83. http://ocw.mit.edu/index.htm

84. http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit

85. http://www.creativecommons.org

86. http://wylio.com/

88. The JISC OER pages: www.jisc.ac.uk/oer

89. The OER InfoKit from JISC InfoNet: openeducationalresources.pbworks.com

90. The OER Synthesis and Evaluation Report: www.caledonianacademy.net/spaces/oer/

92. UK HEFCE JISC/Academy OER programme Organising Open Educational Resources (OOER) [PHORUS – HSaP] Phase 1 OER project 250K - Apr 2009-Mar 2010 Investigated institutional practice, developed toolkits, disseminated widely 15 UK partners www.medev.ac.uk/oer/ PORSCHE & ACTOR [SWAPBox – SWAP] Phase 2 OER projects £125K & £20K respectively Linking NHS and academic networks Disseminating through ‘clinical education’ programmes (training the trainers)

93. Attribution and disclaimer This file is made available under a Creative Commons attribution share alike licence To attribute author/s please include the phrase “cc: by-saSuzanne Hardy, Megan Quentin-Baxter, Kate Lomax and Lindsay Wood July 2011, http://www.medev.ac.uk/ourwork/oer/ “ Users are free to link to, reuse and remix this material under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact the author who will make reasonable endeavour to take down the original files within 10 working days. www.medev.ac.uk

94. APPENDIX PORSCHE OER Workshop

95. IPR & Copyright issues Open Educational Resources

96. Intellectual property rights (IPR) There are four main types of IP rights Patents protect what makes things work (e.g. engine parts, chemical formulas) Trade marks are signs (like words and logos) that distinguish goods and services in the marketplace Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item Copyright is an automatic right which applies whenthe work is expressed (fixed, written or recorded) Copyright, Design and Patents Act, 1988 Copyright arises automatically when an original idea (author uses some judgment or skill) is expressed/created www.ipo.gov.uk

97. Who owns copyright? The owner of the copyright is the person (or persons, if jointly owned) who created/expressed it, i.e. the author (writer, composer, artist, producer, publisher, etc.) Original literary works such as novels or poems Original dramatic works such as dance Original musical works, i.e. the musical notes Original artistic works such as graphic works (paintings, drawings etc.), photographs and sculptures, including sound recordings, films and broadcasts Typographical arrangements of published editions An exception is an employee who creates a work in the course of their employment (employer owns) www.cla.co.uk

98. What rights does a copyright owner have? A copyright owner has economic and moral rights Economic rights cover copyright owner acts, including rights to copy the work, distribute (e.g. making it available on-line), rent, lend, perform, show, or adapt it Owners can waive, assign, licence or sell the ownership of their economic rights Moral rights can be waived (but not licensed or assigned) and include the right to Be identified as the author Deny a work (that an author did not create) Object to derogatory treatment of the work www.cla.co.uk

99. Copyright infringement It is an infringement of copyright (in relation to a substantial part of a work) without the permission or authorisation of the copyright owner, to Copy it and/or issue copies of it to the public Rent or lend it to the public Perform or show it in public Communicate it to the public Secondary infringement may occur if someone, without permission, imports, possesses or deals with an infringing copy, or provides the means for making it Material found on the internet is subject to copyright www.cla.co.uk

100. Exceptions You may copy copyright works if Copyright has expired (e.g. for literary, dramatic, musical or artistic works = 70 years from when the last author dies) Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) Your use of the work is covered under a licensing scheme that you and the copyright holder have subscribed to The copyright owner has given you permission www.copyrightservice.co.uk

101. Obtaining clearance to use copyright material For permission to copy, contact the copyright owner in writing and specify The material you wish use (title, author name etc.) The exact content to be duplicated (i.e. page numbers) The number of copies you wish to make How the copies will be used (i.e. for an event, course work) Who the copies will be distributed to (i.e. students) For most published works this will be the publisher Permission is needed for each and every purpose Fees may be charged to copy the item, or for administering the request to copy the item www.cla.co.uk

102. Fair dealing Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) Research and private study Instruction or examination Criticism or review News reporting Incidental inclusion Accessibility for someone with, e.g. a visual impairment There is no simple formula or % that can be applied –instead use licencedmaterials, or ask for permission www.copyrightservice.co.uk

103. Using licenced works A licence (a set of rules) describes how copyright items may be used by others Licensing schemes (such as Creative Commons) that both authors (owners) and users can access for free If both sides observe the rules then both parties are instantly protected Owners licence others to use their content Users obey the terms of the licence Creative Commons provides different licences that can be combined together Policies can be developed to guide owners what licences to use

105. Open Educational Resources Recordings of people (especially patients and their families, healthcare workers, actors, students, etc.) in learning materials

106. Consent as distinct from IPR Defined by the 8 principles in the Data Protection Act 1998 (and Human Rights Act 1998) Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.) Teachers (academics, clinicians, practice/work based learning tutors, etc.) Students and ‘product placement’ (branded items) Role players/actors/performers/hired help (including recording crew) Patients/patient families/care workers/support staff/members of public in healthcare settings (sensitive personal data) GMC guidelines for consent/patient recordings

107. Considerations People Patients (children and vulnerable adults) Dead people/patients (children and vulnerable adults) Existing recordings (already exist) New recordings (that you are planning to make)

108. Consent for use in teaching Patient or non-patient participation in the development of teaching materials is not ‘in their best interests’ If it can be copied digitally then you have to assume that it is ‘open’ There is no such thing as ‘anonymising’ patient or other information

109. The Data Protection Act (1998) Schedule 1 states: "1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless - (a) at least one of the conditions in Schedule 2 is met, and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met."

110. The Data Protection Act (1998) Schedule 2 states (paraphrased in [], emphasis added) "Conditions relevant for purposes of the first principle: processing of any personal data 1 The data subject has given his consent to the processing. 2 The processing is necessary - [for any of the above (schedule 2) plus the purpose of performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; in order to protect the vital interests of the data subject including where consent has been unreasonably with held, or another person in a case where consent cannot be be given or the data controller cannot reasonably be expected to obtain the consent; processing is carried out by a body or association which is not established or conducted for profit and exists for political, philosophical, religious or trade-union purposes, safeguards the rights and freedoms of data subjects and is not disclosed to third parties without consent.]”

111. The Data Protection Act (1998) Schedule 3 states (paraphrased in [], emphasis added) "Conditions relevant for purposes of the first principle: processing of any sensitive personal data 1 The data subject has given his explicit consent to the processing. 2 The processing is necessary - [for the purpose of entering a into contract; compliance with some legal obligation; to protect the vital interests of the data subject; for the administration of justice; for the exercise of any function of: houses of parliament, conferred on any person or under any enactment, Crown, a Minister of the Crown or government department, exercised in the public interest of any person; for the purposes of legitimate interests by the data controller except where prejudice the legitimate interests of the data subject; the Secretary of State has specified particular circumstances.]”

112. GMC guidance Making and using visual and audio recordings of patients 2001 Referred to clinical care and research, did not refer to teaching Making and using visual and audio recordings of patients 2011 Does refer to teaching

114. GMC principles When making or using recordings you must respect patients’ privacy and dignity, and their right to make or participate in decisions that affect them. This means that you must: give patients the information they want, or need, about the purpose of the recording make recordings only where you have appropriate consent or other valid authority for doing so ensure that patients are under no pressure to give their consent for the recording to be made where practicable, stop the recording if the patient asks you to, or if it is having an adverse effect on the consultation or treatment anonymiseor code recordings before using or disclosing them for a secondary purpose, if this is practicable and will serve the purpose disclose or use recordings from which patients may be identifiable only with consent or other valid authority for doing so make appropriate secure arrangements for storing recordings be familiar with, and follow, the law and local guidance and procedures that apply where you work.

115. GMC principles And you must not: make, or participate in making, recordings against a patient’s wishes, or where a recording may cause the patient harm disclose or use recordings for purposes outside the scope of the original consent without obtaining further consent (except in the circumstances set out in paragraphs 10 and 15-17).

116. GMC states Consent to make the recordings listed below will be implicit in the consent given to the investigation or treatment, and does not need to be obtained separately. Images of internal organs or structures Images of pathology slides Laparoscopic and endoscopic images Recordings of organ functions Ultrasound images X-rays

117. NHS states Patients are any person or people currently in receipt of healthcare treatment, or who has/have been in receipt of healthcare treatment. Children and vulnerable adults may or may not be in healthcare treatment but should always be considered under the 'sensitive' part of the Data Protection Act 1998. The NHS guidelines recommend at least three or possibly four (Scotland) levels of consent, ranging from none to 'publication' NHS level III consent. "Many NHS Trusts have patient consent forms which specifically designate 'level III consent' (public access including the internet). If this applies, then Open Access in the sense of sharing materials publicly clearly would fall within this permission. Level I consent is for use within the patient record only. Level II consent is for teaching and learning but with restricted access only. Level III consent is usually for open access and in the public domain."

118. Issues Where to store copies of consent? Withdrawing consent? How to find properly consented materials? What is the advice in relation to lecture capture? How do you stop someone else ripping you off 

119. Policies, disclaimers and risk In order to safeguard yourself against litigation for copyright or data protection (consent) violation Have a policy/disclaimer Clearly publish your policy and keep it up to date Train your staff in the use of the policy Follow your policy (do what you say you will do) You may also want a disclaimer ‘this resource has been provided… use it at your own risk. If you have any concerns about any material appearing in this resource please contact…’ Actively manage your risks Take out liability insurance 

120. www.medev.ac.uk October 2010 cc: by-sa

121. Institutional policy recommendations That authors should ‘hallmark’ all their content with e.g. CC licences(e.g. CC ‘by’ attribution only) Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent in NHS record (patients) or with resource Review institutional policies against good practice Include disclaimers in resources UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights Seek to replace, over time, any questionable material Have sophisticated‘take-down’policies

123. Understanding risk, using risk assessment toolkits and 'digital professionalism' Open Educational Resources

124. Policies, disclaimers and risk In order to safeguard yourself against litigation for copyright or data protection (consent) violation Have a policy/disclaimer Clearly publish your policy and keep it up to date Train your staff in the use of the policy Follow your policy (do what you say you will do) You may also want a disclaimer ‘this resource has been provided… use it at your own risk. If you have any concerns about any material appearing in this resource…’ Actively manage your risks Take out liability insurance

125. Institutional policy recommendations That authors should ‘hallmark’ all their content with CC licences e.g. CC ‘by’ (attribution only) Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource Review institutional policies against good practice Include disclaimers in resources UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights Have sophisticated‘take-down’policies

126. www.medev.ac.uk/ourwork/oer

127. www.web2rights.com/OERIPRSupport/risk-management-calculator/

128. www.web2rights.com/OERIPRSupport/diagnostics.html/

129. http://medicalimages.pbworks.com/

130. Principles 1. Acknowledge that patients’ interests and rights are paramount. 2. Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers. 3. Respect the rights of those who own the recordings and the intellectual property of those recordings, and check and comply with the licences for use. 4. Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate. Email: d.hiom@bris.ac.uk

131. Digital professionalism To be a digital professional every member of staff who contributes to curriculum delivery, in both NHS and academic settings should be able to identify, model and understand professional behaviour in the digital environment. CC-BY Official US Navy Imagery www.flickr.com/photos/usnavy/5509486066/

132. “learners' information literacies are relatively weak but learners have little awareness of the problem” Beetham et al 2009

134. Blurring of personal and professional identities online

135. Increasing need to manage issues of disclosure

136. Changing public expectations

137. Misunderstandings of digital spaces

138. Consequence

139. Permanence

141. Digital literacy “digital literacy defines those capabilities which fit an individual for living, learning and working in a digital society” Joint Information Systems Committee (JISC), 2011

142. “most learners are still strongly led by tutors and course practices: tutor skills and confidence with technology are therefore critical to learners' development” Beetham et al, 2009

145. An ‘unconference’: By teachers, for teachers Focussed on sharing ideas: Practical, helpful, inspiring Everyone participates Everyone learns 2- or 7-minute presentations Anyone can speak No obligation to pay attention

148. LibTeachMeets have happened in: Cambridge (27.09.10, 29.03.11) Huddersfield (09.02.11) Newcastle (04.05.11) Brighton (25.05.11) Liverpool (26.05.11) Leicester (14.06.11) London (20.06.11) LibTeachMeets are coming up in: Stirling & Inverness (20.07.11) Bedfordshire (21.07.11) Sheffield (10.11.11) Oxford (tbc) google teachmeet calendar: http://tinyurl.com/tm-google-calendar

149. TeachMeet – grow your own People, venue, date / time, web presence, funding, cake!

150. http://plcmcl2-things.blogspot.com/

151. http://23thingswarwick.blogspot.com/p/programme-outline.html/

152. www.medev.ac.uk/oer/ lindsay@medev.ac.uk megan@medev.ac.uk suzanne@medev.ac.uk www.medev.ac.uk/blog/oer-phase-2-blog/

155. Chretien, K. C., S. R. Greysen, et al. (2009). "Online Posting of Unprofessional Content by Medical Students." JAMA 302(12): pp1309-1315.

156. Ellaway, R. (2010). "eMedical Teacher # 38: Digital Professionalism." Medical Teacher 32(8): pp705–707.

157. Farnan, J. M., J. A. M. Paro, et al. (2009). "The Relationship Status of Digital Media and Professionalism: It’s Complicated " Academic Medicine 84(11): pp1479-1481.

158. Ferdig, R. E., K. Dawson, et al. (2008). "Medical students’ and residents’ use of online social networking tools: Implications for teaching professionalism in medical education." First Monday 13(9). Online at http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2161/2026

159. Thompson, L. A., K. Dawson, et al. (2008). "The Intersection of Online Social Networking with Medical Professionalism." J Gen Intern Med 23(7): p954-957.

161. Attribution and disclaimer This file is made available under a Creative Commons attribution share alike licence To attribute author/s please include the phrase “cc: by-saSuzanne Hardy, Megan Quentin-Baxter, Kate Lomax and Lindsay Wood July 2011, http://www.medev.ac.uk/ourwork/oer/ “ Users are free to link to, reuse and remix this material under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact the author who will make reasonable endeavour to take down the original files within 10 working days. www.medev.ac.uk