Showing posts with label Teaching and Learning. Show all posts
Showing posts with label Teaching and Learning. Show all posts

Monday, June 29, 2020

Copyright Law for Digital Learning

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.  

The new Act implements some of the recommendations of the Copyright Review Committee in 2013, and is particularly strong in implementing the education provisions.  The Committee's members were Eoin O'Dell, Patricia McGovern and Steve Hedley.  

I was asked to give a talk at a seminar today for the Irish Universities Association Enhancing Digital Teaching and Learning in Irish Universities #IUADigEd.  I've made the slides available here.  I've also produced an updated version of some of the relevant sections of copyright legislation.  

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.  

In the slides, I refer to the very useful work in this field by Jane Secker and Chris Morrison in the UK (here and here) and by Teresa Nobre for COMMUNIA (here and here).  See also Eoin O'Dell's recent post on Coronavirus and copyright – or, the copyright concerns of the widespread move to online instruction

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.  

Catherine Cronin 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.  








Tuesday, July 28, 2015

Copyright Law for Digital Teaching and Learning event

We held an event on Copyright Law for Digital Teaching and Learning in May 2014 and here is a brief report:

Funded by:
National Forum for Enhancement of Teaching and Learning - www.teachingandlearning.ie.

Theme:  Teaching for transitions - assisting learners in the transition from conventional learning to blended learning or e-learning

Date:  15 May 2014

Link to recording:  http://bit.ly/CDTL-15

Link to slides: http://www.slideshare.net/dariuswirl/presentations

Link to Storify: https://storify.com/dariuswirl/copyright-law-for-digital-teaching-and-learning-ma

Hashtag: #copyrightdtl   -  https://twitter.com/hashtag/CopyrightDTL

Pictures: https://www.flickr.com/photos/dariusw/sets/72157644862628692

Blog Post:  http://irishlawblog.blogspot.ie/2015/07/copyright-law-for-digital-teaching-and.html

Speakers:

Dr Louise Crowley, School of Law, University College Cork
Mr Jason Miles-Campbell, Manager, JiscLegal, Glasgow
Dr Eoin O'Dell, School of Law, Trinity College Dublin
Dr Darius Whelan, School of Law, University College Cork

Key insights from the day:

In online learning materials, it is better from a copyright law perspective to direct users to find the material themselves rather than providing a copy to them
The current educational exceptions regarding copyright are very narrow
The Copyright Review Committee has made important proposals to update the law, but these have not been implemented
Staff should familiarise themselves with the requirements of the Irish Copyright Licensing Agency (ICLA) licence.
It can be valuable for an institution to have one team or central unit dealing with copyright
If using images licensed under Creative Commons, it is important to always use proper attribution

Key contributions from the seminar to the broader Forum outlined theme: 

The seminar advised participants how to create learning materials (for blended and online modules) which comply with Irish copyright law and create assessment tools which comply with copyright law. It developed awareness of developments such as Creative Commons, Open Educational Resources and open source software.  It assisted participants to communicate relevant requirements of copyright law to learners who take part in modules.  Knowledge of these topics will enhance the abilities of participants to provide online or blended courses and enable learners to transition from conventional learning to e-learning.

See also the summary of the day by Caroline Rowan of University of Limerick

Picture by Pat Rice



Friday, November 01, 2013

The Internet at 40: Reflections on Cyberspace

John Naughton - CC BY SA - Sebastiaan ter Burg 
We had a very interesting symposium this morning here in UCC on "The Internet at 40".  It followed two lectures by Professor John Naughton which he had given yesterday on the topic.  John's lectures developed themes from earlier lectures such as this one from March on 'Our Networked Future.'  He also drew on his recent book From Gutenberg to Zuckerberg: What You Really Need to Know About the Internet.  

The symposium was chaired by Professor Cormac Sreenan, and panellists were Karlin Lillington, Theresa Reidy, Alfred Moore and myself.  There were really interesting contributions from the audience as well.  It was organised by Ionad Bairre and Bettie Higgs, the Interim Vice President for Teaching and Learning.

Some of my thoughts were as follows (based on rudimentary notes I made in advance):

I wonder are some people now “pacified” by the web?  Is it the new opium of the people?  Has it replaced religion? What are the key “values” people seek online?  Maybe people look for “coolness” as a value.  “That’s a cool site; that’s a cool video”.  Slickness; humour; entertainment; shopping are all “values”.  All of this masks the fact that code is not neutral (as Lawrence Lessig has said).  Search results are not neutral.  The order of items on your Facebook timeline is not neutral.

However, there are exceptions to corporatisation, e.g. Wikipedia.  Also, activists can fight back on the “coolness” front – e.g. the recent video “Stop Watching  Us” which included Maggie Gyllenhaal, Oliver Stone, John Cusack and  Lawrence Lessig .  The video was produced by a coalition of 100 organisations including the ACLU, EFF and EPIC.  Tim Berners Lee supports the coalition and the video has had 1 million views.  Stop SOPA campaigns were also positive example of activism.  Wikipedia went dark for a day.  

John Naughton speaks of permissionless innovation online, which can be good or bad.  My input on this:  Copyright law can stifle innovation.   History shows the extent of copyright protection has continuously been extended – both in what it covers and in duration.  We now have extremely long durations of copyright such as 70 years after the death of the author.  We have absurd scenarios such as an eBook of Alice in Wonderland with a note in the settings saying “The book cannot be read aloud”.  You cannot easily give your ebook to your partner, child or friend.  It’s not clear how your family will inherit your ebooks when you die.  More absurdity: Ebook vendors can possibly “rescind”  a book from your ebook reader even weeks after you've downloaded it.  Ironically, "1984" by George Orwell  was  rescinded from people’s ebooks in 2009.  

David Cameron said that Google might not have started in the UK.  Fair use in the USA is broader than in Europe.  We need to raise awareness of the limitations of copyright law, and variations between national laws. 

John Naughton refers to the generativity of the internet, as highlighted by Jonathan Zittrain.  My example to flesh this out:  Creative Commons is in a way an example of generativity.  (If you're not familiar with Creative Commons, see www.creativecommons.org.)  People can use Creative Commons licensed works to publicise their work, but still charge for commercial use of their work.  

Important reforms of copyright law have been proposed in the recent report of the Copyright Review Committee - Modernising Copyright.  Unfortunately, the committee is somewhat restrained by EU law in the area, and there's only so much it can do within the confines of EU law.  It is worrying that intellectual property was elevated to the level of a fundamental right in the EU Charter of Fundamental Rights (see Article 17(2)).  Hopefully this will be interpreted in a benign manner by the courts but we can't be sure.  Don't get me wrong - I am not opposed to copyright but I'm concerned about maximalist application of copyright without due regard to rights of users and consumers.

A flavour of thoughts from other speakers (roughly paraphrased):

Alfred Moore:
Recently, there has been a neoliberal rejection of democracy altogether, an emphasis on the free market and the consumer.  There is a disdain for democracy, but we need democratic principles to be to the forefront.

Karlin Lillington:
Data retention laws allow a shocking level of surveillance, akin to giving the keys to your house to the GardaĆ­.  For human rights defenders (e.g. in Pakistan), anonymity is crucial.  See www.bytesforall.pk.
Engineers and scientists need to learn how to code for human rights and code for society.  There's now a Tech Defenders Network.

Theresa Reidy:
Social media has had a transformative effect on politics, but we need more research on its effects.  Can it be a force for citizen engagement?  Can it challenge the dominance of elites?  Twitter has transformed the dynamic of politics, with the possibility of public two-way conversations between politicians and voters.

John Naughton:
A lot of the surveillance of the web stems from 9/11.  The Snowden revelations have had a huge impact - will they lead to a crisis or merely a scandal?  Engineers need to know about ethics.  Engineers and architects designed the concentration camps in the second world war, but what of the ethical dimension?
Recommended books:  Tim Wu, The Master Switch and Dave Eggers, The Circle.

General Discussion:
How do we raise awareness of these issues?  Can they be included in secondary school curriculum, e.g. in Civic, Social and Personal Education?  At university level, can we ensure that ethical issues are considered?  One way of doing this is to find a staff member in a Department who is passionate on these issues.  Then, they can include technical activities in a module (not necessarily a specific module on ethics) which raise awareness, e.g. set students a task to investigate privacy breaches by apps.
Historical perspectives are vital - people need to be able to see what happened with previous new technologies; previous abuses of power; previous political developments.
Literature and arts shine a light on these areas, e.g. E.M. Forster's 'The Machine Stops' (1909).