Copyright and E-learning, 2nd edition

Jun 2016 | 304pp

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Copyright and E-learning, 2nd edition
A guide for practitioners

Jane Secker with Chris Morrison

Jane Secker and Chris Morrison have completely revised and updated this highly successful text to take into account recent developments in the field and changes to the law in the UK and elsewhere in the world. Through its practically based overview of current and emerging copyright issues facing those working in e-learning, this book will help equip professionals with the tools, skills and understanding they need to work confidently and effectively in the virtual learning environment with the knowledge that they are doing so legally.

New and developing services, software and other technologies are being adapted for online learning environments to engage students and academic staff.  These technologies present increasing challenges to IPR and legal issues and this book will help librarians and educators to meet them. 

Key topics addressed include:

  • digitizing published content for delivery in the VLE
  • using digital media in e-learning
  • copyright issues and ‘born’ digital resources
  • The copyright issues associated with using social media
  • copyright training for staff
  • Who owns the rights in works that are the product of collaboration?
  • What do you do if you can’t find the rights holders?

Readership: This book is essential reading for anyone working in education including learning support staff and teachers using e-learning, learning technologists, librarians, educational developers, instructional designers, IT staff and trainers. It is also relevant for anyone working in the education sector from school level to higher education, and those developing learning resources in commercial organizations and the public sector including libraries, museums and archives, and government departments.

1. E-learning and copyright: background

  • Recognizing the copyright dilemma
  • The development of e-learning
  • A brief introduction to UK copyright law
  • Ireland
  • Australia
  • New Zealand
  • Canada
  • The USA
  • Copyright and scholarly communication
  • Creative Commons
  • The Open Movement

2. Digitizing text-based content for delivery in a VLE

  • Using published materials in e-learning
  • Scanning published content in the UK
  • Scanning in the UK: results of a survey
  • Using published content outside the UK
  • The USA
  • Using unpublished content

3. Using digital media: video, images, sound and software

  • Why use sound, images and video in teaching?
  • Copyright and non-text-based works: an introduction
  • Using images in education
  • Digital images collections
  • Digitization of analogue recordings
  • Identifying rights holders and getting permission
  • Copying broadcasts: the ERA Licence
  • Box of Broadcasts
  • Catch-up TV services and television on demand
  • BBC iPlayer
  • Creating audio and video content in-house: copyright issues
  • Sound recordings
  • Lecture capture and intellectual property rightsissues
  • Screen recording
  • iTunes U
  • Managing digital media content
  • Software
  • Finding digital media content for use in e-learning
  • Example sources for still images
  • Example sources for moving images
  • Example sources for audio

4. Copyright issues and born digital resources

  • How is born digital content different?
  • Digital rights management
  • Using content from websites
  • Content from publishers
  • E-books
  • Databases and other subscription resources
  • Lecturers’ own digital content: teaching materials
  • Student-created content
  • Conclusions and general advice

5. Copyright in the connected digital environment

  • What are social media and the Cloud?
  • New technologies for learning
  • Wikis    
  • Media-sharing sites
  • Peer to peer file sharing
  • Social networking services
  • Social bookmarking and curation tools
  • Massive open online courses
  • Emerging trends

6. Copyright education and training

  • The copyright educator, trainer or teacher
  • Developing a copyright literacy programme
  • Your audience
  • Face-to-face training sessions
  • Topics to include
  • Practical considerations
  • Using the web
  • Booklets, guides and leaflets
  • Dealing with queries
  • Sources of further advice and support

7. Conclusion

"Facet Publishing produces many of the authoritative texts on copyright and this book slots neatly amongst its counterparts, providing a useful overview of the most pertinent copyright issues in education."
- Emily Stannard, LSE Review of Books

"Jane & Chris have done a great job in pulling together a lot of information covering a range of practical issues, and managed to pitch it at both those with some knowledge, and those without, and position it within a valuable dialogue of competing views on how content should be respected and be useful."
- The IP Kat

"...this collected volume contains an excellent overview of copyright in relation to electronic content and will appeal primarily to librarians with responsibility for this type of content and for those responsible for managing e-learning."
- Andrew Eynon, Grŵp Llandrillo Menai, Journal of Information Literacy​

"I found myself nodding in agreement so often while reading this book that people watching me must have thought I was reading a gripping novel. The advice is always sensible, authoritative and clearly articulated. The lists of resources to consider using, scattered throughout the book, are always helpful and authoritative. The overall style is positive. The remarks about risk management are excellent."
- Charles Oppenheim, European Intellectual Property Review


About the first edition:

"Copyright is an area of growing concern to educational institutions which provide online access to materials. The complexity of the area has sometimes discouraged educators from engaging with it, but the practical suggestions and relevant case studies included in this title, as well as the provision of further readings makes this an excellent reference guide, and one which educators will find interesting as well as easy to understand." 
- Australian Academic and Research Libraries



Jane Secker (B.A., Ph.D., PGCertHE, FHEA) is Copyright and Digital and Literacy Advisor at LSE, where she has responsibility for the digital literacy programme for staff and PhD students. She also advises staff about copyright issues particularly related to their use of digital resources and e-learning. She has published widely and led several externally funded projects, most recently being project manager for the DELILA (Developing Educators Learning and Information Literacies for Accreditation) funded by JISC and the Higher Education Academy to release digital and information literacy materials and open educational resources. She is the editor of Rethinking Information Literacy: A practical framework for supporting learning.

Chris Morrison (B.A. Hons., MAUA, PGDip) is the Copyright and Licensing Compliance Officer at the University of Kent, responsible for copyright policy, licences, training and advice. He was previously the Copyright Assurance Manager at the British Library and before that worked for music collecting society PRS for Music. He is a member of the Universities UK / Guild HE Copyright Working Group on whose behalf he also attends the Education Licensing Working Group (ELWG). He is currently collaborating with Jane Secker on a number of copyright literacy projects and is the creator of Copyright the Card Game.

1. E-learning and copyright: background

This chapter considers copyright and the digital environment, and their relationship to recent developments in education. It provides an overview of the major differences between copyright laws in several English-speaking countries in the world and how they apply to online learning. The focus of this book is on the UK, but it briefly discusses copyright laws in the USA, Australia, Canada and New Zealand. This chapter focuses on various exceptions to copyright law (activities such as copying that can be done without the rights holder’s permission) and the impact of copyright issues on face-to-face teaching. The chapter also defines e-learning (or online learning) for the purposes of this book. This definition includes the use of the internet, intranets and secure computer networks such as VLEs, course management systems and other online learning environments. This chapter considers the different effects copyright law has on teaching in the digital environment when compared with the classroom. It also explores new developments in scholarly publishing, including the open access movement and open-source software, along with the development of open licensing schemes such as Creative Commons. This chapter includes the first case study in the book, from Brunel University, where the institution appointed a copyright officer in response to the copyright challenges they were facing.


2. Digitizing text-based content for delivery in a VLE

This chapter is concerned with the copyright issues associated with digitizing or scanning text-based works held in paper form for use in online learning. This includes both published material such as books and academic journals (what the CDPA defines as literary works) and the images and illustrations that they contain, and potentially unpublished content such as personal correspondence and manuscripts. This chapter only considers images embedded in literary works, and standalone images are discussed in Chapter 3. Digitizing traditional paper resources for online delivery allows distance learners to access the content easily, from the convenience of their chosen digital device. There has also been a growing demand from campus-based students to have access to core readings in electronic format.

In the UK, the provision of core readings in scanned format has escalated in the past ten years, largely facilitated by the inclusion of scanning rights in the CLA blanket licences. All three of the CLA education licences – covering schools, further and higher education – allow institutions to digitize copyright material. The CLA currently requires licensed HEIs to report details of all the scanning annually, which has led to an increased administrative burden, and is therefore something CLA has been attempting to address. Despite the administrative overheads of reporting scans, HEIs in the UK have been scanning high numbers of readings largely for delivery via e-learning systems. The CLA is responding to this by developing a cloud-based content hosting platform called the Digital Content Store (DCS), which is intended to remove reporting requirements by collecting usage data at the point of use. This chapter presents further details of this activity against the backdrop of changing technologies and licensing models, by comparing data from recent surveys against a survey completed for this book’s first edition. It explores how scanned readings are being used to support e-learning and how copyright issues have affected the administrative processes in higher education libraries.

This chapter will briefly consider how universities in the USA digitize published content under either copyright exceptions or licence. This chapter does not seek to be comprehensive in examining other countries in the world. The focus instead is on how legislation and licences regulate activity in this area and shape e-learning in a selection of English-speaking countries.

Finally this chapter also briefly focuses on the digitization of unpublished materials, including historical or archival materials where direct permissions usually need to be obtained from rights holders. It also considers how to deal with items where rights holders cannot be traced.

The chapter includes two case studies, from Middlesex University and a US university, describing how staff digitize course readings.


3. Using digital media: video, images, sound and software

There is a growing demand for non-text-based digital media content, such as images, video and sound recordings, to provide engaging materials for use in both traditional and online learning. However, copyright questions become increasingly complex when education professionals wish to digitize existing analogue content, as it is usually necessary to obtain permission from several rights holders. Meanwhile, producing digital media content in-house is now technically straightforward but can raise a host of copyright and IPR issues. In both cases delivering this type of content using a VLE highlights, but also exacerbates, the copyright issues. This chapter explores the copyright issues associated with the digitization of non-text-based digital media content, starting with using images in education. It goes on to explore using recordings of broadcast material. In the UK, the ERA licence permits broadcasts to be recorded off-air and digitized for educational use. Although a number of restrictions apply, the ERA licence allows subscribing institutions to deliver free-to-air broadcast content via secure digital networks within the UK. This chapter will also consider digitization of commercially available non-text-based material (including recordings that can be purchased specifically for educational use).


4. Copyright issues and born digital resources

This chapter focuses on what is sometimes called ‘born digital’ content. The term is used to refer to content that is both created and made available in digital format, such as web pages, word-processed documents, academic journals and e-books. It includes content available through subscription databases (behind a paywall) and content made freely available on the open web, but is in contrast with material that is digitized from print (analogue) format for either preservation or access reasons. This chapter will also discuss the copyright and IPR issues associated with institutionally owned resources, for example teaching materials that are created specifically for use in online learning, such as online tutorials, online quizzes and other ‘learning objects’, and digital content created by students as part of their course.

The case study in this chapter is from the copyright officer at the University of Auckland. It highlights the Course Reading Service at the University of Auckland and how this helps to manage copyright compliance.


5. Copyright in the connected digital environment

This chapter focuses on current internet technologies being used in education, and the associated copyright issues. The chapter starts by focusing on a number of tools currently used by individual teachers, students and educational institutions, including social networking and social media services. It then considers the copyright issues associated with using third-party-hosted materials, including where copyright lies in works created by multiple authors, and who owns copyright of content uploaded to social media services. The chapter provides examples of how several social media services protect their own rights when handling copyright, as many are commercial websites funded largely from advertising revenues. It also considers how these services handle a contributor’s copyright, for example if you upload content to a service such as Facebook or if you want to re-use material from one of these sites. Examples are included from some of the most popular social media services such as Flickr, Facebook and Wikipedia. Finally the chapter considers emerging trends and specifically considers the copyright questions associated with MOOCs. This chapter illustrates how emerging technologies provide an opportunity to develop the digital literacies of staff and students and to embed an understanding of copyright within a wider context. The case study included in this chapter comes from Zurich International School, where primary and secondary school students (K-12) are encouraged to use class blogs and educational technologies in a responsible way that respects intellectual property.



6. Copyright education and training

This chapter describes how copyright literacy can be embedded into existing teaching and training programmes and regarded as part of improving teaching quality and developing open practices for the sharing of teaching materials

A range of external bodies provide copyright education services for staff in educational establishments. Professional bodies for librarians such as the Chartered Institute of Library and Information Professionals (CILIP) and Aslib offer copyright training courses and have done so for many years, and several independent consultants work in this area. For a full list of copyright training providers, including some recently produced copyright MOOCs, see the section ‘Further resources’. Often the most cost-effective and efficient means of delivering training to groups of staff or studentsis through in-house education and training programmes. This chapter outlines the set up and organization of copyright education programmes and identifies suitable resources to support staff who deliver them in higher education organizations. The case study describes how an innovative games-based approach to learning, developed by the authors of the book, can help engage staff and students in copyright education and provide a more informal approach to learning about copyright.. The chapter goes on to examine the intended audience of the training programme and the method of training – whether face-to-face or online. Finally it looks at how to develop support materials, such as paper or online guides, and strategies for dealing with the host of queries that copyright discussions inevitably lead to.


7. Conclusion

In this book we have provided a framework to gain a better understanding of copyright issues. Through the case studies we have illustrated how copyright works in practice and the types of procedures and organizational structures that institutions have developed to provide support to staff and students. Ultimately the application of high quality copyright support and policy development is as much of an art as it is a science. It often involves working with high levels of ambiguity and no small amount of contradiction, while at the same time requiring communication techniques that simultaneously engage, comfort and challenge colleagues and students at all stages of their careers. This cannot be done in isolation and the communities of practice that exist around copyright support (such as LIS-Copyseek in the UK) are some of the most valuable resources to any copyright support professional.