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CPD25: Copyright Support in Higher Education: A Tale in Two Parts

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A CPD25 event organised by Chris Morrison and Jane Secker with presentations from members of Sherlock, the London and South East Copyright Community of Practice. Held at Woburn House on 26 February 2018.

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CPD25: Copyright Support in Higher Education: A Tale in Two Parts

  1. 1. Copyright Support in Higher Education: A Tale in Two Parts
  2. 2. Your Chairs Chris Morrison University of Kent Jane Secker City, University of London
  3. 3. Programme 13:30 – 13:50 Introduction to copyright literacy as experienced as a community of practice Chris Morrison – University of Kent & Jane Secker – City, University of London 13:50 – 15:00 Part 1: Copyright and Teaching Chris Morrison – University of Kent Irene Barranco Garcia – University of Greenwich Claire Kidwell – Trinity Laban Conservatoire Kate Vasili – University of Middlesex 15:00 – 15.20 Break 15.20 – 16.30 Part 2: Copyright and Research Jane Secker – City, University of London Stephen Penton – City, University of London Philippa Hatch – Imperial College London Monique Ritchie – Brunel University 16:30 – 17:00 Concluding Remarks
  4. 4. Copyright Literacy as experienced as a Community of Practice Chris Morrison City, University of LondonUniversity of Kent Jane Secker
  5. 5. “Excited - like the idea that copyright is a gateway. Should enable access to culture, rather than barrier” “Warm and Fuzzy” “Love it! It's kept me in the lifestyle to which I have become accustomed”
  6. 6. “Confused, cautious, faintly nauseous!” “Frustrated, confused. Can I risk it? Can my organisation risk it?” “Worried, anxious” “Like the receiver (and thrower) of a hot potato”
  7. 7. DON’T BE AFRAID George Lucas
  8. 8. Hargreaves Review
  9. 9. The survey
  10. 10. Copyright Games Copyright the Card Game The Publishing Trap
  11. 11. A world without copyright literacy Things go unsaid Reduces the public domain Increases costs Risk aversion
  12. 12. Copyright Literacy Education not training Balance between content and approach Getting comfortable with uncertainty Avoiding binaries ?
  13. 13. The role of the copyright officer Hatch, Morrison & Secker 2017
  14. 14. 66% of institutions in the UK have a designated copyright officer (higher in Higher Education) 63% of them are based in the Library 65% of institutions have additional staff also involved in copyright matters Significant investment in copyright support Headline findings Hatch, Morrison & Secker 2017
  15. 15. Favourite sources of copyright advice LIS-Copyseek IPO website / the legislation Books e.g. Secker and Morrison Hatch, Morrison & Secker 2017
  16. 16. Communities of practice
  17. 17. Community of practice • The term was coined by Jean Lave and Etienne Wenger in 1991 • It is for groups who share a profession or craft and it allows them to develop tacit or implicit knowledge and expertise. • Based on story telling Lave & Wenger (1991) Situated learning: legitimate peripheral participation
  18. 18. SHERLOCK
  19. 19. Teaching and copyright: what are the key issues? Chris Morrison Claire Kidwell, Irene Barranco Garcia, Kate Vasili
  20. 20. There’s a book for this… Copyright and E-Learning: A guide for practitioners (2nd Edition) Jane Secker with Chris Morrison Free chapter on copyright education and training
  21. 21. History of copyright and teaching • Some provisions in UK law since 1911 (Educational Anthologies) and 1956 Act • Photocopying in 1960s & 1970s created tension between educators and publishers • Balance struck in CDPA 1988 Act – exception- backed licensing schemes • UUK v CLA (2001) • Hargreaves review (2011) and subsequent reform (2014)
  22. 22. Education exceptions & licences Statutory Exceptions Licences Quotation Illustration for Instruction Recording of Broadcasts Educational Copying of Extracts Creative Commons Library e-resources Website Terms Bespoke permission Educational Performance Exception
  23. 23. Quotation and Illustration for Instruction Two key exceptions for teaching
  24. 24. The legislationS.32 Criticism, review[F1, quotation] and news reporting. (1)Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement [F2 (unless this would be impossible for reasons of practicality or otherwise)] [F3 and provided that the work has been made available to the public]. [F4(1ZA)Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that— (a)the work has been made available to the public, (b)the use of the quotation is fair dealing with the work, (c)the extent of the quotation is no more than is required by the specific purpose for which it is used, and (d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise).] [F5(1A)For the purposes of [F6subsections (1) and (1ZA)] a work has been made available to the public if it has been made available by any means, including— (a)the issue of copies to the public; (b)making the work available by means of an electronic retrieval system; (c)the rental or lending of copies of the work to the public; (d)the performance, exhibition, playing or showing of the work in public; (e)the communication to the public of the work, but in determining generally for the purposes of [F7those subsections] whether a work has been made available to the public no account shall be taken of any unauthorised act.] (2)Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement. (3)No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film [F8 or broadcast where this would be impossible for reasons of practicality or otherwise]. [F9(4)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable Section 32 Illustration for instruction (1)Fair dealing with a work for the sole purpose of illustration for instruction does not infringe copyright in the work provided that the dealing is— (a)for a non-commercial purpose, (b)by a person giving or receiving instruction (or preparing for giving or receiving instruction), and (c)accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise). (2)Fo th pu pos s of subs tio (1), “ ivi o ivi i st u tio ” i ud s s tti x mi tio qu stio s, ommu i ti g the questions to pupils and answering the questions. (3)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.
  25. 25. Claire Kidwell Trinity Laban Conservatoire of Music and Dance
  26. 26. • • Link instead of uploading? •Link to a legitimate site rather than an infringing one •Copyright v public domain? •Copyright Licensing Agency •Newspaper Licensing Agency •Educational Recording Agency •S.30 Criticism/review/quotation •S.32 Illustration for Instruction •S.36 Copying by educational establishments •What has the rights holder permitted? •CC licence or other form of words? Primary licence Exceptions Alternatives? Secondary licence Sourcing Legitimate Materials for Use in Teaching
  27. 27. A lecturer is delivering a class on the opera Albert Herring by Benjamin Britten for a music history module. She wants to include each of the following on the VLE page for that module purely as contextual reading/listening/viewing. There is no accompanying commentary, and students are not being required to comment or answer questions on the sources. a) For each example, how might the lecturer make the content legitimately available via the VLE? b) If instead of using the VLE she instead wanted to hand out photocopies of 1-3 and play 4 and 5 through AV equipment in class, would the situation be any different? Chowrimootoo, Christopher. ‘The Timely Traditions of b t H i ’. The Opera Quarterly 27(4), 379-419 Article from print journal not held by the institution Peter Evans, The Music of Benjamin Britten. University of Minnesota Press, 1979, 620-648 Extract from book held by the institution. CLA “ h k p missio s” shows s i is p ohibit d Britten, Benjamin. Albert Herring : a Comic Opera in Three Acts. Boosey and Hawkes, 1948 The complete printed score Britten, Benjamin. Albert Herring. Video recording of Glyndebourne Festival Opera production (March 1985). Warner music vision, 2006 A DVD recording of a performance of the opera Britten, Benjamin. Albert Herring. City of London Sinfonia. Chandos records, 2003 A CD of the opera
  29. 29. The reality of finding and using open-licensed content in practice Kate Vasili Middlesex University
  30. 30. Open Licences
  31. 31. Open Access CC Publications e.g. BMJ Open Library of Congress CC0 1.0 Universal Finding Content
  32. 32. Issues • Content and CC Licence not added by copyright owner or authorised body. Official Unofficial CC Licensed https://youtu.be/qv64gSHZJl8 https://youtu.be/dhzWr9yKHPA
  33. 33. Issues PD or Open Licensed content reused on sites without correct accreditation or copyright status. © Whitehouse © Copyright - IBG NEW (IBG News Services Agency) Copyright © 2017 The Temple Emanon-El Streicker Center.
  34. 34. Issues Corporate body claiming infringement of content not owned by them and without authority to license. See • Getty & The Library of Congress Carol M. Highsmith Archive http://www.latimes.com/business/hiltzik/la- fi-hiltzik-getty-copyright-20160729-snap-story.html and • N ws i s & D i Mo ’s Twitt im s https://mashable.com/2013/01/15/twitter-photos- permission/#QlYBI_jOWZq3
  35. 35. How can you determine if you can rely on a CC/open licence attached to the content? Question for discussion on Creative Commons / open licensed content
  36. 36. Lecture recording and use of YouTube Irene Barranco Garcia Collaborations, Compliance and Copyright Manager University of Greenwich
  37. 37. Are you opt-in or opt-out? • How is your institution managing lecture recording? • How is your institution supporting academic staff? • What guidance does your institution have in place?
  38. 38. Supporting/Scaring your academics • Do’s d Do ’t’s • You Tube videos • Commercially DVDs and CDs • Scanning Materials • Box of Broadcasts • How/when to apply educational exceptions • CC and free copyright materials: Do they exist?
  39. 39. Scenario Consider a lecturer whose lecture is recorded using a video from YouTube which is clearly illegal material. What are the repercussions for the institution and what message he/she is giving to the students?
  41. 41. PANEL DISCUSSION 1 Copyright and Teaching
  42. 42. Research and copyright: what are the key issues? Jane Secker Stephen Penton, Philippa Hatch and Monique Ritchie
  43. 43. Research and private study • Much copying undertaken in higher education falls under S. 29: Copying for Research and Private Study • Must be non-commercial • Typically viewed as covering single copies but… • Is subject to fair dealing tests • Also new exception to cover Text and Data Mining (S.29A)
  44. 44. What has changed? • Open access deposit of theses (often mandatory) – Decisions over whether thesis is embargoed – Dealing with images and other third party copyright – Licensing choices for thesis e.g. Creative Commons – All increases need for copyright education and PhD students • Op ss d fu d qui m ts fo ‘op ’ – Changes in the nature of scholarly communications and publishing choices more broadly – Need for advice and managing funding of APCs – Data / open data – usi oth p op ’s d sh i you own data openly
  45. 45. Collaborative research • Many researchers work in national and international teams so want to share resources • Work collaboratively using digital tools e.g. Mendeley, Dropbox, Evernote etc. • Copyright exceptions are generally for individual users not sharing • Copyright and systematic reviews: recent blog post by Jane Falconer at LSHTM
  46. 46. Copyright education and PhD students Jane Secker City, University of London
  47. 47. What are the issues? • PhD students have many competing demands on their time: – To make a contribution to knowledge – To write their thesis and successfully pass their viva – To develop as a researcher: learning research methods / research skills appropriate to their discipline – To publish in their research (now common pre-submission) – To get experience in teaching • All of this means copyright / copyright literacy rarely a priority • Copyright exceptions often apply (S. 29, S. 30, S. 32) • Copyright issues often only come to light after submission – on the point of deposit in the institutional repository
  48. 48. A hypothetical* scenario PhD student in geography / urban planning has completed their thesis on the impact of tall buildings on cities, passed their viva and sends their thesis to the library (open access deposit is mandatory). They carried out all their research collecting data from a wide variety of sources. Some of the data is photographs and plans collected from architects of cities and buildings and over 100 of these are reproduced (credited) in full in their thesis. The Open Access team has found these images and asks the PhD student if they had permission – they say they were collected as p t of th s h d it’s u if th i hts ow s (th several) granted permission to include them in the thesis. The student has never attended any copyright training. *based loosely on reality
  49. 49. In thi cenario….. What are the copyright issues? Are there any relevant licences or exceptions? What are the risks? Who bears the risk? What can be done or what should have happened?
  50. 50. Copyright Support in Higher Education: A Tale in Two Parts 26 February 2018 Stephen Penton (Copyright Librarian, City, University of London) Stephen.penton@city.ac.uk Twitter: @PentonLibrary
  51. 51. Law: • Criticism & review (s30) • Illustration (s32) • Fair dealing • Contract override Images and third party copyright General points: • Guidance to students, repository • Takedown notice • …to be made publicly available • Assess risk • Duration of copyright (s12-15A) o Literary, dramatic, musical or artistic works: death + 70 yrs o Typographical arrangement of published editions: 25 yrs after publication • Photographs are more complicated: Padfield (2015), p278 Creative Commons: • May be feasible for thesis for generic material - teach students how to search Flickr and Google for suitable content
  52. 52. Scenario: Music thesis about memorising piano music • ‘Vertigo’ by Rhian Samuel (1944- ) - Many short extracts (17 bars in total) reproduced in text; complete reproduction of all 46 bars in text • Prelude in E flat op 23 no 6 by Sergei Rachmaninov (1873-1943) - 10 bars in total reproduced in text; complete reproduction in appendix Images and third party copyright Rachmaninov: Prelude bars 9-10, annotations by Yi, Chenyin (2014)
  53. 53. References Li, Chenyin (2014) Piano performance: strategies for score memorisation. City, University of London. Available at http://openaccess.city.ac.uk/8530/1/Piano_performance_- _strategies_for_score_memorisation.pdf (Accessed 15 February 2018) Padfield, T (2015) Copyright for archivists and records managers. 5th ed. London: Facet Publishing. Images and third party copyright
  55. 55. Copyright, scholarly communications and publishing choices Philippa Hatch icons curtosy of the noun project (www.thenounproject.com)
  56. 56. Copyright & publishing a journal article Submitted version Accepted Author Manuscript Published version “Lots of d fts” Publishing agreement £ 1,500 - 5,000 £ 0 Peer review Traditional Open Access icons by the noun project (www.thenounproject.com) pay to read Free to read & share
  57. 57. Scenario A researcher at your institution is writing a new research paper and asks if she can include a couple of figures from two of her earlier papers (I can bring photocopies of papers /figures) a) Paper one was published in a well known journal in their field and copyright was assigned to the publisher when the publishing agreement was signed. b) Paper two was published in PLOS ONE, a fully open access journal in which all articles are published under a Creative Commons Attribution Licence. Q. What advice would you give? icons curtosy of the noun project (www.thenounproject.com)
  58. 58. Copyright Support in Higher Education: a Tale in Two Parts Monique Ritchie Associate Head: Scholarly Communication and Rights E monique.ritchie@brunel.ac.uk Brunel University London Library Services, Information Services Twitter @brunelcopyright | @copyrightmuse Woburn House, Tavistock Square, London, 26 February 2018 Data and Open Data: sharing (or not!) your own and using other people’s data Isambard Kingdom Brunel
  59. 59. Brunel University London Data and open data Background and drivers to open data in HE > Data sharing Institutions, funders and governments have open data policies, and compliance with these are required as a condition of funding. However, many barriers to data sharing exist: legal, cultural, and technical. > Data rights Highly complex - ownership of research data is often unclear. There can be multiple layers of rights or stakeholders with competing © or IP claims (e.g. HEI / funder / researcher / industry sponsor / all or several of the above? Overlaps with other legislation often exist (e.g. data protection, FOI), ethics, trade secrets, confidentiality, sensitive or commercially exploitable data / IP.
  60. 60. Brunel University London Data and open data > Data sharing and copyright Fair dealing statutory exceptions in the Copyright, Designs and Patents Act (CDPA) 1988 (as amended) are vital for open data, including: > S.29 Research and private study for non-commercial research S.29A Text and data mining exception (TDM) for third party data can be used for non-commercial research S.30 Criticism, review, quotation and news reporting can be used to communicate the research findings, e.g. via scholarly publishing and archiving > Data sharing culture Not all researchers are comfortable with sharing data. There are benefits: research profile, impact, citations, but many have concerns about competitors from other HEIs and industry, or are confused by the complexity of the landscape > Data sharing infrastructure Institutions, publishers, funders are investing in data sharing infrastructure – archives, tools, standards, staff, training, policies and procedures. Infrastructure not yet mature, making it more difficult to share your own data in a systematic way and to find reliable open data to reuse. Presentation Title 67
  61. 61. Brunel University London Scenario (fictional, but plausible…) > Professor Leo Ryan is a Bio-Engineering specialist. His research is interdisciplinary, working with a team of researchers from Sports Sciences, Health Sciences and Engineering disciplines. > His research team, for which he is the Principal Investigator (PI) has recently secured a £2.5 million grant co-funded by the Engineering and Physical Sciences Research Council (EPSRC), Innovate UK (UK government run innovation funding agency), Run4Life (a top UK biomechanics private firm), and Titanium Kinetics (a US biomechanics tech firm) and NHS England. > The grant has been secured with other researchers from 3 other universities, 2 in the UK and 1 in the US. Two commercial researchers, one from each firm are also part of the team. Professor Ryan and team also supervise 5 PhD students who are working on the project – several of these are EPSRC funded students, 2 are self-funded. > The project focuses on biomechanics in sport, to design new technology and tools to help improve sports performance for disabled athletes, and to help recovery from trauma, and will use NHS patient data as well as run trials on real-life athletes from all levels of sport (including high profile stars and local club athletes). > Professor Ryan and team are publishing articles throughout the project, and there are open data requirements from several of the institutions, and the funder. Innovate UK and industry sponsors do not want data to be released, as they are developing products based on the research for commercial sale. Some of these might be cutting-edge inventions. > One of the doctoral students, an international student, has just been awarded her PhD and has left, but has returned home, taking some of the data with her. She also designed a programme to access the data but has not archived this, and so some of the data is inaccessible. 68
  63. 63. PANEL DISCUSSION 2 Copyright and Research
  64. 64. Summary Copyright in Higher Education
  65. 65. Join us on the journey! Embrace copyright literacy!
  66. 66. Tuesday 3rd April 2018 at the University of Liverpool. Bookings close 12 March 2018
  67. 67. Further reading Hatch, P., Morrison, C and Secker J. (2017) A study of copyright specialists in UK educational and cultural institutions: who are they and what do they do? Available at: https://ukcopyrightliteracy.files.wordpress.com/2017/12/copyright-officers-survey-report-final.pdf Morrison, C and Secker J. (2015) Copyright Literacy in the UK: a survey of librarians and other cultural heritage sector professionals. Library and Information Research. 39 (121) http://www.lirgjournal.org.uk/lir/ojs/index.php/lir/article/view/675 Morrison, C and Secker, J (2016) Exceptions for libraries. Copyrightuser.org. Available online. Chris Morrison, Jane Secker, “Understanding librarians’ experiences of copyright: findings from a phenomenographic study of UK information professionals”, Library Management , https://doi.org/10.1108/LM-01-2017-0011 Morrison, C and Secker, J. (2016) A Guide to Copyright. Association of University Administrators. Rios-Amaya, Juliana, Secker, Jane and Morrison, Chris (2016) Lecture recording in higher education: risky business or evolving open practice. LSE / University of Kent, London, UK. http://eprints.lse.ac.uk/68275/ Secker, J and Morrison, C. (2016) Copyright and E-learning: a guide for practitioners. Facet publishing: London. Chapter 6: Copyright education and training available online. Todorova, T., Trencheva, T., Kurbanoğlu, S., Dogan G., & Horvat, A. (2014) A Multinational Study on Copyright Literacy Competencies of LIS Professionals. Presentation given at 2nd European Conference on Information Literacy (ECIL) held in Dubrovnik. October 2014. Retrieved March 13, 2015 from http://ecil2014.ilconf.org/wp-content/uploads/2014/11/Todorova.pdf https://copyrightliteracy.org @UKCopyrightLit
  68. 68. Image Credits Slide 1: Photo by Chris Morrison made by Photofunia Slide 4: Photo from Unsplash.com CC-0 Slide 5: Photo at CILIP Copyright Conference 2017 © James Bennett used with permission Slide 6: Photo by Amber Litzinger https://flic.kr/p/bEXT6H CC-BY Slide 7: Panic by Nate Stelnerhttps://flic.kr/p/us2aa Public Domain Slide 8: George Lucas, taken from Wikipedia CC-BY-NC Slide 12: A world without copyright literacy: images from Open clipart. Risk by Brad Clinesmith: https://flic.kr/p/aWW978 CC-BY Slide 13: Copyright literacy: images from Open clipart Slide 14: Lego police officer byMartin @pokipsie Rechsteiner https://flic.kr/p/qmMDmS CC-BY Slide 17: Kent copyright community of practice. Photo by Chris Morrison. Slide 20: Photo by NeONBRAND on Unsplash CC-0 Slide 49 & 56: Photo from Unsplash.com CC-0 Slide 72: Kitchener Wants You by Alfred Leete, modified by Chris Morrison Slide 73: A team van taken from http://www.myateamvan.com/