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COVID-19 and Copyright: Challenges for Higher Education, CITE Forum November 2020

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Chris Morrison, Copyright, Licensing and Policy Manager at the University of Kent, presents the challenges for higher education associated with copyright at a time of pandemic. He discusses management of third party copyright, ownership of copyright content created in HE and proposes that community building is the key activity to creating a better learning and research environment.

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COVID-19 and Copyright: Challenges for Higher Education, CITE Forum November 2020

  1. 1. The UK’s European university COVID-19 and Copyright: Challenges for Higher Education CITE Forum, 18 November 2020 Chris Morrison: Copyright, Licensing & Policy Manager, Information Services
  2. 2. Chris Morrison
  3. 3. copyrightliteracy.org
  4. 4. Copyright at a Time of Crisis https://copyrightliteracy.org/upcoming-events/webinars-copyright-and-online-learning/
  5. 5. WONKHE BLOG POST https://wonkhe.com/blogs/will-the-pandemic-force-universities-to-address-the-challenges-of-copyright-2/?
  6. 6. Copyright in Higher Education The stuff we use that other people made The stuff we create at our universities
  7. 7. Copyright in Higher Education The stuff we use that other people made The stuff we create at our universities Paying for and managing licences Manage the risk of not using a licence Determining who owns it Agreeing conditions of use
  8. 8. Copyright in Higher Education The stuff we use that other people made The stuff we create at our universities Teaching and Learning Research
  9. 9. Copyright in Higher Education The stuff we use that other people made The stuff we create at our universities Teaching and Learning Research Open Access Open Education Risk Copyright Exceptions Financial uncertainty Public good vs private interests Internationalisation Licence negotiation
  10. 10. Illustration for Instruction https://kar.kent.ac.uk/73310/
  11. 11. Interview findings Interpretation – how interviewees interpret the provisions of the legislation. Practice – the activities, organisational structure and culture of the institutions. Responsibility – risk, liability and decision making.  Spirit and scope o Location of activities o Registration/assessment vs outreach o Teaching vs background reading o The law’s accommodation of technology  Sole purpose  Non-commercial purpose  Examination use  Student work o Performances o Portfolios o Dissertations & coursework  Type of work used  Acknowledgement  Fair dealing factors o Quantity o Substitution of sales o Contractual provisions o Other factors  Making available at a time and place chosen by the student  Online communication to the public  Relationship with other exceptions  Relationship with international / foreign copyright laws  Interpretation as a ‘feeling’  Interpretation as a ‘negotiation’  Confidence  Rules versus standards  Organisational structure / location of expertise.  Professional identity of the copyright specialist  Institution’s approach to pedagogy and technology  Communities with different views: o Academics o Copyright specialists o Library staff o Learning technologists o Enterprise, Innovation and Commercialisation of IP units o Leadership teams o Lawyers and corporate governance o Rights holders  Relationships between and within communities  Developing positions on managing copyright o Formal/Informal o Institution/sector wide  Use of external sources of authority  Communication of copyright advice  Visibility of permitted/restricted acts  Compliance services  Compliance practices  Change in behaviour since Hargreaves.  Emerging practices  Assessment of risk  Appetite for risk  Guidance vs enforcement  Decision-making  Individual versus collective  Consequences  Liability
  12. 12. Findings - Practice Organisation / expertise Library Professional Service Departments Identity of specialist Culture Technology Tradition Academic freedom Developing positions Policies Guidance Community Communication Awareness Visibility Compliance vs guidance
  13. 13. Telling stories about the pandemic https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3691294
  14. 14. Telling stories about the pandemic John William Waterhouse: A Tale from the Decameron https://commons.wikimedia.org/wiki/File:Waterhouse_decameron.jpg
  15. 15. Culture Change https://www.cos.io/blog/strategy-for-culture-change
  16. 16. Culture Change https://www.cos.io/blog/strategy-for-culture-change With thanks to Hardy Schwamm, NUIG Library at CONUL Online Seminar http://www.conul.ie/online-seminar-2020-presentations/
  17. 17. Copyright and fair practice in Education Collaboration between Learning on Screen, University of Kent, City University of London, and CREATe University of Glasgow
  18. 18. Copyright Literacy Strategy https://blogs.kent.ac.uk/copyrightliteracykent/launch- of-the-university-of-kent-copyright-literacy-strategy/
  19. 19. Copyright Literacy Strategy Activities Develop a network of staff whose roles involve advising on aspects of copyright law to identify opportunities for education, training and communication. This recognises that copyright often has to be addressed in context and alongside other issues.
  20. 20. Academic Ebook Investigation https://www.bbc.co.uk/news/business -54922764 https://docs.google.com/document/d/13ESqjA29YX08tbQOC_c3l bcNNDF2D4PZBAOLyosDLI0/edit
  21. 21. Strength in Numbers Penguin Parade by Wildvik https://commons.wikimedia.org/wiki/File:Penguin_Parade.jpg
  22. 22. What next? https://copyrightliteracy.org/2020/08/18/an-alt-special-interest- group-call-for-founding-members/
  23. 23. Further Reading • Craig, C. and Tarantino, B. (2020) “An Hundred Stories in Ten Days”: COVID-19 Lessons for Culture, Learning and Copyright Law https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3691294 • Hudson, E., Wragg, P. (2020) Proposals for Copyright Law and Education During the COVID-19 Pandemic https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3617720 • Morrison, C. (2018) Illustration for Instruction and the UK Higher Education Sector: Perceptions of risk and sources of authority. Masters dissertation, King’s College London. https://kar.kent.ac.uk/73310/ • 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 • Pascault, L., Jütte, B.J., Noto La Diega, G., Priora, G. Copyright and Remote Teaching in the Time of Coronavirus: A Study of Contractual Terms and Conditions of Selected Online Services https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3652183&download=yes • Schwamm, H. (2020) Learn, Share, Discus – the Open Scholarship Community Galway https://zenodo.org/record/4242851#.X6qBSmj7TIU • Secker, J and Morrison, C. (2016) Copyright and E-learning: a guide for practitioners. Facet publishing: London.
  24. 24. Credits Presentation © University of Kent licensed CC-BY with the exception of: • Slide 1 & 2, photos of Chris Morrison by Matt Wilson, © University of Kent • Slide 2, logos © of respective organisations used under fair dealing exceptions • Slide 5, WONKHE • Slide 14, John William Waterhouse: A Tale from the Decameron https://commons.wikimedia.org/wiki/File:Waterhouse_decameron.jpg • Slide 20, BBC and Anthony Sinnot • Slide 21, Penguin Parade by Wildvik https://commons.wikimedia.org/wiki/File:Penguin_Parade.jpg

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