Media and Learning 2010

Are ownership and regulations surrounding the use of existing media resources strangling creativity within the learning sector?

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Discussion

Laws relating to ownership and access can sometimes be too complicated for the learning professional to grasp and there are many who argue that current IPR regulations are too restrictive. This discussion will highlight current thinking and some of the initiatives aimed at equipping the learning community with the right information to deal with media usage questions as well as the topic of licensing and open access.

Join the panelists:

Moderator: Deborah Arnold, Vidéoscop, Université Nancy 2, France

Comments

Kirsty McLaughlin

http://www.jisclegal.ac.uk/ManageContent/ViewDetail/tabid/243/ID/1603/Th...

The recently introduced Digital Economy Act 2010 caused contraversy in the UK as it gives copyright owners far greater enforcement rights for alleged online copyright infringement, which threatens to impact on educational use of the internet in teaching and learning. If an institution is alleged to have infringed online copyright by any of its internet users (staff or students), it could face a reduction in its internet service provision, even being cut off completely. I am aware similar laws have been passed across the EU- with varying approaches, and these are intended to tie into the ACTA agreement currently being negotiated, read more here: http://www.zdnet.co.uk/news/networking/2010/02/26/europe-will-not-accept...

Kirsty McLaughlin

Newsflash! Just announced today that the Digital Economy Act will be subject to Judicial Review, as potentially could be in conflict with EU privacy laws http://www.guardian.co.uk/technology/2010/nov/10/bt-talktalk-digital-eco...

Kirsty McLaughlin

Further article on Neelie Kroes (European Commission Vice-President for the Digital Agenda) calling for copyright/ IPR law reform and a 'legal digital Single Market in Europe'
http://www.osnews.com/story/24017/Commissioner_Kroes_Copyright_Reform_Ne...

Conference Team

Are Intellectual Property Rights a particular problem in our community of interest? Are ownership and regulations surrounding the use of existing media resources strangling creativity within the learning sector? Do you think that laws relating to ownership and access are too complicated for the learning professional to grasp? join our discussion and have your say!

Deborah Arnold

Hello everyone! As moderator of this discussion, I would just like to welcome everyone and in particular our panelists Morten Rosenmeier, Kirsty McLaughlin and Didier Deneuter, inviting the three of you to kick off the discussion with a few initial thoughts about this challenging topic.

Kirsty McLaughlin

Hello Everyone,
I work for JISC Legal,a public advisory body in the UK that offers free information and guidance to academic and e-learning staff at further and higher education institutions. We get numerous requests for advice every week, from educators who either are unsure about interpreting the law (Copyright, designs and Patents Act 1988) or are not sure what is legal when reusing copyright materials. The law is complicated and out of date - there is rarely a straightforward answer, especially with new media! Even experts in IP law take very different opinions on how the law can be applied and there is little case law to rely on. To kick things off here are some interesting articles and resources looking at developments in UK copyright law, particularly with use of new technology.....
I am very interested to hear your views on the current IPR laws across the EU and how they affect you!
Kirsty

Kirsty McLaughlin

http://www.bbc.co.uk/news/uk-politics-11695416

David Cameron made an announcement last week, that he intends to review the current UK IP laws to bring them up to date with the internet age, however many are sceptical of this as the last IP law review by the UK government, the Gowers Review (2006), was largely ineffectual. Cameron has always advocated a more US style model for copyright.

Kirsty McLaughlin

Finally here is an interesting video that reflects the views of young people ( potentially a representation of our learners) in the UK who, it appears, are blissful unaware of or wilfully disregard copyright law when it applies to new technology as it does not meet their needs: http://www.consumerfocus.org.uk/policy-research/digital-communications/c...

Mathy Vanbuel

A nice video to illustrate copyright issues for the very young: http://www.youtube.com/watch?v=CJn_jC4FNDo
It is American and it is not highly technical or objective but the general philosopy is applicable (until you ask a lawyer indeed).

Kirsty McLaughlin

Great video!

Kirsty McLaughlin

http://www.jisclegal.ac.uk/ManageContent/ViewDetail/tabid/243/ID/1746/Re...

Here is a 'Recording Lectures' podcast my colleagues at JISC Legal made recently. This is a useful resource setting out some of the complicated IPR and other legal considerations around recording teaching sessions for online use. There is also a link to the accompanying paper. while this is based on UK law it is still useful in highlighting that recording and reusing a lecture is not a simple matter!

Deborah Arnold

Great resources, Kirsty and Mathy!
What do you think of the implications of open educational resources / user generated content for copyright? Steve Wheeler's keynote 'Open for Use?' at the 6th EDEN research workshop in Budapest last month sparked off a heated discussion - you can find his slides here: http://steve-wheeler.blogspot.com/2010/10/open-for-use.html

Kirsty McLaughlin

Excellent slides from Steve wheeler, here is a video from Naomi Korn from the UK OER support project, with a video setting out how to navigate the IPR issues around developing OERs http://www.web2rights.com/OERIPRSupport/index.html

Kirsty McLaughlin

As for user generated content, the main legal issues for UK Further and Higher education establishments tend to be more focussed on data protection and legal hosting liability for content published on their site. This can include liability for content that breaches third party copyright. Based on recent case law, as long as establishments have a clear ‘take down’ policy for dealing with inappropriate or illegal content swiftly as soon as it is made aware of this, this appears defensible. The recent YouTube case in Spain: http://www.out-law.com/page-11400 and also a UK High Court case http://www.jisclegal.ac.uk/ManageContent/ViewDetail/tabid/243/ID/1243/Sw... demonstrate this. Both the Outlaw and JISC Legal sites have further guidance available.

Kirsty McLaughlin

Here are some more inks to the JISC OER Support project resources:
http://www.jisclegal.ac.uk/Projects/OERIPRSupport.aspx

Morten Rosenmeier

Hi everbody,
I apologize for the fact that I joined you before! I had trouble logging in at first. Then I forgot the whole thing because I was arranging a huge copyright conference in Copenhagen. It will be webcast in a few days. I´ll send you a link if I may.
About myself:
I am professor of copyright law at the University of Copenhagen. Also I am the chairman of the Danish ”Committee for the protection of scientific work«. The committee takes care of the copyright interests of Danish university teachers.
One aspect the committee has dealt with a lot is the fact that teachers who infringe copyright because of their web based learning can get into very serious trouble. They could be fined. Or maybe they will have to pay large damages and so on. And all they want to do is to do their job and teach.
We had a large conference about it last year. Its title was “Can you go to jail for teaching?”
The best thing to do is to provide information to the teachers, telling them what the law says in this area. Together with UNI-C the committee has therefore established a major Danish website at www.forskningsnettet.dk/jura. There are both articles, webcasts and even cartoons. Please feel free to visit us! :) Of course it is in Danish but at least you should be able to understand some of the cartoons. (I hope.)

Deborah Arnold

A big thanks to our panellists and to all those who contributed to a very rich and lively discussion yesterday!
I was asked what, if any, conclusions we reached.
Would you agree if I summarised them as follows:
1) teachers need access to resources and advice, presented in a clear, easy to understand language with practical examples
2) risk assessment is one approach, combined with a clear 'take-down policy'. Although this doesn't guarantee that the teacher is 'protected' in legal terms.
3) given the disparities between different member states, a European directive on copyright and IPR for education would be a big step forward.

I'll let our expert panellists correct me if necessary!

Finally, the new MEDEA2020 project will be collecting a number of resources on the issue over the coming months - keep in touch to find out more!

Ingrid Bruynse

Keep in mind some global aspects too - as the globe is included in digital space, when we are doing rights guidelines, can we consider this for EU and also beyond?

Deborah Arnold

I was thinking exactly the same, Ingrid, when I wrote that summary. It's true we didn't go as far as talking about this wider global aspect during the session but of course it's absolutely vital to take it into account. But do you think it's feasible / reasonable to hope for the same copyright regulations for the whole wide world?

Deborah Arnold

Just before the Christmas break, I would like to take this opportunity to thank our three panellists Kirsty McLaughlin, Morten Rosenmeier and Didier Deneuter as well as everyone who participated in the face to face and online discussion. I don't know how the rest of you feel, but it was one of the most stimulating and lively discussions on IPR and copyright that I have ever been involved in - so let no-one say that this is a dry, boring topic! We still have a great many issues to take up and I look forward to continuing the discussion within MEDEA2020.

In the meantime, have a wonderful time over the festive season and see you in 2011!


25 - 26 November 2010 Flemish Ministry of Education Headquarters, Brussels
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