NOVICE online workshop: sharing learning and teaching

resourcesSuzanne Hardy and Gillian Brown

Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine

3 May 2011

Icebreaker

© Suzanne Hardy

OER

ISSUESWhat do we need to think about when considering sharing resources?

Issues• Copyright and IPR• Licencing• Consent• Local HEI policies

– Who owns what?– Any agreements in place?– Who is right person to ask?

• Firewall/authentication• Can’t stop sharing – so how do we mitigate

against risk?

Background£5.7+£4=£9.7 millions

Sharing openly is good

50%www.medev.ac.uk/ourwork/oer/value/

• Public money• Transparency and accountability• Equality of access• Increased utility• Increased applications & better retention

• 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/

MEDEV’s value statement for the 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

OER: Benefits

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

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

IPR & copyright issuesOpen Educational Resources

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

www.medev.ac.uk

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

www.medev.ac.uk

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

www.medev.ac.uk

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

www.medev.ac.uk

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

www.medev.ac.uk

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

www.medev.ac.uk

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 licenced materials, or ask for permission

• www.copyrightservice.co.uk

www.medev.ac.uk

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

www.medev.ac.uk

Reflection

©

Understanding riskOpen Educational Resources

Reflection

www.medev.ac.uk

Good practice compliance table (managing risk)Explanation Risk of litigation from

infringement of IPR/copyright or patient consent rights

Action

3 Institutional policies are clearly in place to enable resources to be compared to the toolkits.

Low. Institution follows best practice and has effective take down strategies. Institution able to legally pursue those infringing the institution’s rights.

Periodically test resources against policies to keep policies under review. Keep abreast of media stories. Limited liability insurance required.

2 Compliance tested and policies are adequate in most but not all aspects to allow the compliance of a resource to be accurately estimated. A small number of areas where policies need to be further developed for complete clarity.

Medium. Ownership of resources is likely to be clear. Good practice is followed in relation to patients. Take down and other ‘complaint’ policies are in place and being followed.

Review those areas where developed is required, possibly in relation to e.g. staff not employed by the institution e.g. emeritus or visiting or NHS. It may be that a partner organisation requires improvement to their policies. Some liability insurance may be necessary.

1 Compliance tested but too few policies available or insufficiently specified to allow the compliance of any particular resource to good practice guidelines to be accurately estimated.

Medium. It is unlikely that the ownership and therefore licensing of resources is clear. Resources theoretically owned by the institution could be being ripped off.

Collate suite of examples of best practice and review against existing institutional policies. Follow due process to amend and implement those which are relevant to the institution. Take out liability insurance.

0 Compliance with the toolkits unknown/untested.

Compliance has been tested and materials failed to pass.

High/Unknown. Risk may be minimal if resource was developed based on best practice principles. Institutional policy status (ownership, consent) is unknown.

Establish a task force to test some resources against institutional policies; then follow 1-3 below. Take out liability insurance.

October 2010 cc: by-nc-sa

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 (use xxx at own risk)

• Actively manage your risks• Take out liability insurance

www.medev.ac.uk

www.medev.ac.ukJISC www.jisc.ac.uk/aboutus/copyright.aspx

Mitigating risk by adopting good practice to save time and money

OER is irrelevant(but a nice by-product )

Creative Commons and open licencing

Open Educational Resources

http://creativecommons.org/

Found in | Journal of an Open Source Original comic by | Nerdson(Under CC-BY License)

Using recordingS of clients/ANIMAL OWNERS in learning materials

Open Educational Resources

Reflection

Consent as distinct from IPR• Defined by the 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 review of the guidelines for consent/patient recordings

www.medev.ac.uk

Consent as distinct from IPR

• 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

Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource

consent commons

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.

Finding openly licensed resources online

Open Educational Resources: practical tools to help mitigate risk

Things to do today: good practice with resources for learning and teaching(OER is irrelevant)

3

1Using the Xpert to find resources, including images, sounds and

videos

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

2Using Flickr advanced search for photos, diagrams and video

http://www.flickr.com/search/advanced/

3Using Google Images advanced search

www.google.co.uk

Using attribution tools to acknowledge creators

Open Educational Resources

www.nottingham.ac.uk/xpert/attribution

cc: by

Least restrictiveMost openMost reusable

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.

Attribution tools

• openattribute.com/

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

‘digital professionalism’ embodying good practice

Open Educational Resources

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• UK HE enters a dialogue with publishers to

increase the potential for re-using upstream copyrights

• Have sophisticated ‘take-down’ policies

www.medev.ac.uk

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

www.medev.ac.uk/oer/register/

using and contributingOpen Educational Resources

openeducationalresources.pbworks.com/ stemoer.pbworks.com/w/page/6799480/User-Guide-to-OER www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1 blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/ www.medev.ac.uk/oer/resource/add/

www.nottingham.ac.uk/xerte/ &http://www.jisctechdis.ac.uk/keyinitiatives/organisationaleffectiveness/enablingtechnology/xerte/

www.glomaker.org/

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.

Contact: gillian@medev.ac.uk

#ukoer #actor #medevwww.medev.ac.uk/oer/

cc: by-nc By Maxi Waltonhttp://www.flickr.com/photos/maxiwalton/898138774/

Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE)

Seamless access to academic and clinical elearning

resourcescontact: lindsay@medev.ac.uk www.medev.ac.uk/ourwork/oer/ #porscheoer #ukoer #medev

cc: by Tony the Misfithttp://www.flickr.com/photos/tonythemisfit/2580913560/

Reflection

www.medev.ac.uk/oer/suzanne@medev.ac.ukgillian@medev.ac.uktwitter.com/hea_medevwww.medev.ac.uk/blog/oer-phase-2-blog/

The Higher Education Academy OER pages: www.heacademy.ac.uk/ourwork/teachingandlearning/oer/

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

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

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

The JISC Legal IPR Toolkit: www.web2rights.com/OERIPRSupport/index.html

References

References

• http://www.nottingham.ac.uk/xpert/attribution/• http://ocw.mit.edu/index.htm• http://oerwiki.iiep-unesco.org/index.php?

title=UNESCO_OER_Toolkit• http://www.creativecommons.org• http://wylio.com/

Attribution and disclaimer

• This ppt file is made available under a Creative Commons Attribution Share Alike version 3.0 unported licence.

• Please include the following phrase ‘Suzanne Hardy and Gillian Brown, 3 May 2011, NOVICE online workshop’