I last wrote here
about Copyright Law for Digital Teaching and Learning in 2015. Since then, new legislation has been enacted - the Copyright and Other Intellectual Property Law Provisions Act 2019
There's a lot to take account of in making decisions about what is permissible copyright-wise for digital learning. If the work you wish to use is a literary work (broadly defined) or an image which is an integral part of a literary work, then a college needs to abide by the Irish Copyright Licensing Agency
licence, but bear in mind that a new licence will be produced for the next academic year.
[Update: the new ICLA licence is now available: see here and here.]
However, if the work is, for example, a video (referred to as a "film" in copyright law), then one can rely on the new broad exceptions in section 57A and section 57B
. Section 57A on 'distance learning' applies to all students in a college, not just those taking online courses. It allows the video to be communicated "as part of a lesson" to a student by telecommunication.
At European level, we are watching closely the implementation of the Copyright in the Digital Single Market Directive
, in particular Article 5
on "Use of works and other subject matter in digital and cross-border teaching activities." In Ireland, the Department of Business Enterprise and Innovation is dealing with the national implementation of the Directive. This Department will shortly be renamed as the Department of Enterprise, Trade and Employment. It is possible that responsibility for Intellectual Property might be transferred to one of the other renamed Departments
also spoke at the same seminar, discussing OER and OEP: Open licenses for digital Teaching & Learning. She emphasised why
Open Education is so valuable (under Access, Equity and Pedagogy headings). Her slides are here
A video recording of the seminar is available here
We have a list of resources related to the seminar here