Ian WatsonKnowledge Media Programme ManagerIRISS

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

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

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

What does it protect?

‣ Literary, dramatic, musical or artistic works

‣ Sound recordings, films and broadcasts  

‣ Typographical arrangement of published editions

Copyright protects

The expression of an ideaNot the idea itself

Why do we have it?

To encourage creativity by rewarding creators for allowing society to benefit from their creations.

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.

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

Some history…

1710 The Statute of Anne

‣ Recognised authors as owners and provided a protection period of 28 years.

1886 Berne Convention

‣ Copyright must be automatic

‣ signatories must recognise the copyright of works of authors from other signatory countries

1967 -World Intellectual Property Organisation (WIPO) set up

‣ to encourage creative activity, to promote the protection of intellectual property throughout the world

Now

‣ Copyright lasts for life of creator + 70 years

Problems

Five minutes to discuss

➡ 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!

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

๏ Copyright compliance is a therefore a process:

‣ Identify and understand risk

‣ Minimise risk

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

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’ ?

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

Exercise

Discuss use of Einstein’s image in previous slide

Living with risk

Risk = A x B x C x DA - the probability that you are infringing copyrightB - likelihood the the copyright owner finds outC - the likelihood that they will care enough to take any actionD - the compensation they are likely to seek

Exercise: Think of some examples and apply formula

I used my Athens login to find a journal article on SSKS. Can I put this article in my VLE?

The article has a great diagram.  Can I copy it into my training manual without permission?

Can I reproduce some of the text from above article in a learning object?

Exercises

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. add some life to a video I’m creating.  

Do I need someone’s permission or a licence?  

I would like to include an article and photo from a newspaper.

Do I need to ask?

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 law

Discussion

๏ Youtube‣ embedding‣ downloading

๏ Sound recordings‣ Background incidental music‣ Soundtracks

Copyright infringment…

The biggest threat to an artist is obscurity, not piracy

- Cory Doctorow

…or piracy?

Contracts / Licensing

Licencing Agencies

Copyright Licensing Agencyhttp://www.cla.co.uk/

Newspaper Licensing Agencyhttp://www.nla.co.uk/

PRS for Musichttp://www.prsformusic.com/

Educational Recording Agencyhttp://www.era.org.uk/

Design Artists Copyright Societyhttp://www.dacs.org.uk/

Alternative licencing schemes

Creative Commons

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 to build on

Creative Commons

Offers an alternative to the automatic all rights reserved copyright.

Dubbed some rights reserved.

‣ 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

‣ 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

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.

Choose a licence

http://creativecommons.org/choose/

Attribution

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

All about Creative CommonsGeneral information about Creative Commons: http://creativecommons.org

Summary of the six Scottish licences: http://creativecommons.org/international/scotland/

Sample CC licence deedhttp://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

Videohttp://support.creativecommons.org/videos#wwt

Finding free content

- Still images

- Music

- Video

Still images

FlickrFind Creative Commons licensed imageshttp://www.flickr.com/search/advanced

Unsplash: 10 free new photos every 10 dayshttp://unsplash.com/

Wikimedia

Photographshttps://commons.wikimedia.org/wiki/Category:Photographs

Soundhttps://commons.wikimedia.org/wiki/Category:Sound

Videohttps://commons.wikimedia.org/wiki/Category:Videos

Creative Commons videos on Vimeo

Audio

Soundcloudhttps://soundcloud.com/groups/creative-commons

Free Music Archivehttp://freemusicarchive.org/curator/Video/

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.aspx

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

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

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 (YTD) that will do this – is that OK?

Can you use the embed code?

Downloading from Youtube infringes Youtube T&C

https://support.google.com/youtube/answer/56100?hl=en

Exercise

Still Images. IRISS collection http://www.flickr.com/photos/openlxIs it wise to use Creative Commons on all our images?

Model Releases. IRISS collection http://www.flickr.com/photos/openlx/sets/72157621038991784/

Top 10 Copyright Myths from the UK Copyright Servicehttp://www.copyrightservice.co.uk/copyright/copyright_myths