Licensing Practice Allowing teachers to use copyright material in their own learning resources.

Licensing PracticeAllowing teachers to use copyright material

in their own learning resources

Jim HendersonExternal Content Manager

GlowThe Scottish National Digital Network for Schools

T: + 44 (0)141 282 5099, M: + 44 (0)7917 461645E: [email protected]

Learning and Teaching ScotlandThe Optima,

58 Robertson Street, Glasgow G2 8DU

www.LTScotland.org.uk

Find out more about Glow - www.glowscotland.org.uk

mailto:[email protected]

http://www.ltscotland.org.uk/

http://www.glowscotland.org.uk/

The need for Action

• Early repository for teachers sharing materials• All materials were quality checked• 75% of all material rejected because of actual

or potential IPR infringement• Evidence of widespread belief that

“education” exempt from Copyright restrictions

Rights of the Copyright holder(Restricted Acts)

There are 6 specific economic rights•To copy•To distribute•To rent or lend•To perform or exhibit•To transmit or broadcast•To adapt – e.g. to make changes such as cutting out paragraphs

or changing their order.

The moral rights include•The right of the owner to be identified.•The right not to have work falsely attributed to him/her.•The right to object to any usage that the owner considers

damages his reputation or the integrity of his work.

Copyright Infringement in UK law • copyright infringement’ is when someone carries out one the 9 ‘restricted acts’

without the authorisation of the owner. E.g. taking a copy or adapting work without permission.

• It is not limited by the amount of the work that is used or whether the ‘infringer’ was aware that the work was copyright or not.

• If an employee infringes copyright at work then it is usually the employer that is held responsible as they can be deemed to have given permission for the action to take place.

• Infringement is generally a civil offence and the penalty is damages awarded and destruction of any infringing copies. An injunction may be placed on the infringer to stop them from continuing.

• The copyright owner can also take legal action against someone that is dealing with infringing copies, for example someone who is distributing work that has been copied without permission. This is known as ‘secondary infringement’.

• Where secondary infringement takes place this can be a criminal offence punishable by a prison sentence.

• Where an act constitutes a criminal offence, action can be taken by trading standards or other enforcement agencies as well as the copyright owner.

Including Copyrighted material in educational resources

• No distinction in law between educational purpose and any other.

• A teacher or pupil cannot carry out any of the “restricted acts” without – the appropriate permissions

or– the appropriate license

• The amount is irrelevant it is the act that counts • Ignorance of the law is not an defence

How Do We Change Behaviour?

• With extreme difficulty! The question should really be ...

How Do We Make Existing Behaviour Permissible to Unleash the Learning Benefits?

• Transfer the effort from the practitioner to the administrator

The Glowing Approach 1

1. Purchase access to collections of digital assets for teachers to use in the creation of their learning resources with licences that permit reuse– Images

• Moving British Pathé Archive• Still LTS Images for Schools• Technical SSERC

– Sound• Music Audio Network

– Reference• JISC Collections Grove Art Online

Grove Music OnlineOxford Reference OnlineOxford Language DictionariesKeesings World News ArchiveThe Science Resource Centre

Audio Network RBC National Licence

• The licence allows teachers and students to download any of the music files free of charge with only two conditions – users must be on a machine connected to the

local RBC to get free downloads – the downloaded files must not be used for any

commercial purposes• Additional licence for public performance is

available easily and at greatly reduced cost

JISC COLLECTIONSLicence Conditions

• Authorised users (pupils and staff) may:

• View• Make temporary local cache, display and

download parts• Access electronically by secure

authentication (in the school or at home)

• Take extracts ‘cut and paste’ - provided the source is acknowledged

• Incorporate extracts in learning materials and share those learning materials with other Authorised Users

• Print copies

Authorised users (pupils and staff) may not:

• Exploit the resource in any way for commercial gain

• Take extracts without making acknowledgements

• Modify • Make any part available on the

open web• Make the resource available to

anyone who is not an Authorised User

The Glowing Approach 2

1. Encourage the use of the Creative Commons licence2. Work directly with regulatory authorities to develop new

licences for schools– Copyright Licensing Agency (CLA)– Education Recording Agency (ERA)– Newspaper licensing Agency (NLA)

3. Publish Guidance on permissible activities4. Ensure all Glow staff are familiar with the Guidance and pass

the message on at each contact with schools5. Organise expert seminars for key personnel in local authorities6. Ensure that Public Bodies are aware of the need to retain IPR

on outsourced work.

Copyright Licensing Agency

• All schools currently covered by the CLA Photocopy Licence– But does not permit creation, storage or use of digital

versions• Carried out research into the potential demand for a

new licence– Very high awareness among teachers of the CLA– 86% of teachers who responded took account of the CLA

licence when photocopying– 76% saw the development of a new scanning licence as

being important in the future

Activities used in the creation of learning materials by teachers

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5.1 combine published extracts with tutor materials

Never Rarely Sometimes 0ften Nil response

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1 2 3 4 5

5.1.2 electronic cut and paste



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Series1


5.1.3 Adapt extracts for pedagogical purposes

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Series1


5.1.4 Adapt extracts for presentation


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1 2 3 4 5

Series1

5.1.5 Adapt extracts for a different but related point


Why teachers use certain sources in the creation of learning materials

• books

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1 2 3 4 5 6

5.4.1 current value of books for source material

Good quality Curriculum CLA Copyable Free Nil response ready licenced

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120

1 2 3 4 5 6

5.5.1 future use Books


Sources used in the creation of learning materials by teachers

• Journals

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200

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5.4.2 Current value of journals for source material


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5.5.2 future use Journals



• Magazines

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1 2 3 4 5 6Good quality Curriculum CLA Copyable Free Nil response ready licenced

5.4.1 value of magazines for source material

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100

150

200

1 2 3 4 5 6

Series1

5.5.3 future use magazines


020406080

100120140

1 2 3 4 5 6


• Local authority materials


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5.4.4 current value of LA materials for source material

5.4.4 future use LA materials



• Why govt materials are valued as a preferred source for copyrighted content

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5.4.5 current value of Govt materials for source material

Good quality Curriculum ready CLA licensed Copyable Free Nil response

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1 2 3 4 5 6

5.4.5 future use Govt materials

Good quality Curriculum ready CLA licenced Copyable Free Nil response


• Materials from the Internet

020406080

100120140

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5.4.5 Current value of the Internet for source material


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5.5.5 future use Internet


Level 1

Level 2

Level 3

Schools

LAs

Glow

Schools can scan or retype in order to create learning resources.They must record what is scanned or re-typed.Copyrighted items must be acknowledged.Teachers can store and circulate these resources with in the school.Teachers can pass the resources to other schools via email.

LTS

Resources moved up to Council level

View within council intranet

View within national intranet

Move recorded

Resources moved up to national levelMove recorded

Resources downloaded

From Glow

Resources downloaded

From Council

Downloads recorded

Downloads recorded

Operation of the Glow/CLA Pilot licence

Educational Recording Agency

• ERA licence– Already held by all local authorities– Analogue only– Distribution by physical means only

• ERA + licence– Digital recording and storage– Distribution by digital means

Newspaper Licensing Agency

• Clear intention to seek a licence which permit digital copying, storage and re-use but work not yet begun

Licensing existing teacher behaviour to encourage the sharing of resourcesSummary

1. Don’t expect to be able to change teacher behaviour2. When purchasing or licensing resources for education

ensure that the licence conditions permit copying and re-use as well as permitting the in-perpetuity rights over derivative resources

3. Encourage the development of good practice4. Educate the educators5. Raise the profile of IPR

1. make teachers aware of their own IPR2. Make CEOs aware of their personal and organisation risks if

the issue is neglected

Licensing Practice Allowing teachers to use copyright material in their own learning resources.

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