This document summarizes a presentation on copyright and online learning during the COVID-19 pandemic. It discusses the shift to online teaching in March 2020 and the use of copyright exceptions and licenses to support this transition. It provides an overview of webinars held to help educators understand copyright issues and the increasing participation in these webinars. The presentation addresses topics like the CLA license extension, film and audiovisual works, and the University of Kent's copyright literacy strategy.

1. COPYRIGHT AND ONLINE
LEARNING AT A TIME OF
CRISIS
CHRIS MORRISON, UNIVERSITY OF KENT
DR JANE SECKER, CITY, UNIVERSITY OF LONDON
FIL ONLINE EVENT
23 NOVEMBER 2020

2. copyrightliteracy.org

3. WEEKLYWEBINARS
https://copyrightliteracy.org/upcoming-events/webinars-copyright-and-online-
learning/

4. COPYRIGHTANDONLINELEARNING

5. COPYRIGHTLITERACY
“acquiring and demonstrating the
appropriate knowledge, skills and
behaviours to enable the ethical
creation and use of copyright
material.”
Secker and Morrison, 2016, p.211

6. OURRESPONSE –MARCH2020
Original blog post on copyrightliteracy.org
https://copyrightliteracy.org/2020/03/18/copyright-fair-dealing-and-online-
teaching-at-a-time-of-crisis/

7. LICENCES
Primary e-resource licences
CLA Licence
Bespoke permission
ERA Licence and BoB
Open educational resources
www.copyrightcardgame.com

8. COPYRIGHTEXCEPTIONS
www.copyrightcardgame.com

9. COMPLETETHESENTENCE
Copyright at a time of crisis is like…

10. COPYRIGHTINEDUCATION
Complexity
Fear of infringement
Copyright ownership
and academic freedom

11. LIKETHERECEIVER (ANDTHROWER)
OFAHOTPOTATO

12. TAMINGTHEHOTPOTATO?

13. ORALTERNATIVELY…
*© Chris Jones 2020

14. COPYRIGHTCRISISWEBINARSINNUMBERS
• 25 webinars (so far) between 20 March and 13 November 2020
• Averaging around 100 participants (maximum number of participants
136 on 9/4/20)
• Copyseek members – from 592 to 626 members between 1 May and
17 November 2020
• Over 20 guest speakers from HEIs and external organisations:
• The British Library
• CLA (Copyright Licensing Agency)
• ERA (Educational Recording Agency)
• PMLL (Printed Music Licensing Limited)
• Jisc Collections
• Harvard University
• Learning on Screen
• Creative Commons

15. WEBINARINPICTURES

16. OPENBY DEFAULT
Photo by Morning Brew on Unsplash

17. Image: Muppet News Flash

18. WONKHEBLOGPOST
https://wonkhe.com/blogs/will-the-pandemic-force-universities-to-address-the-challenges-of-copyright-2/?

19. EBOOKLICENSING
https://www.bbc.co.uk/news/business-54922764
https://wonkhe.com/blogs/the-market-in-academic-ebooks-needs-to-change/

20. CLA LICENCEEXTENSION
https://www.timeshighereducation.com/news/universities-offered-reprieve-
pandemic-book-licensing-battle

21. FILM ANDAUDIOVISUAL WORKS
Photo by Noom Peerapong on Unsplash

22. OTHERTOPICS
Copyright education
Creative Commons Licensing
Accessibility
Printed Music
US Fair Use and Controlled Digital Lending
University of Kent Copyright Literacy Strategy
End of term copyright quiz

23. KENTCOPYRIGHTLITERACY
STRATEGY
https://blogs.kent.ac.uk/copyrightliteracykent/launch-
of-the-university-of-kent-copyright-literacy-strategy/

24. INTERLIBRARY SUPPLY AND
DOCUMENT DELIVERY
EHESS service
Scan and Deliver services
Declaration forms
Whether to send to users in digital form
Special collections

25. SCAN ANDDELIVER!

26. SCONUL BRIEFING
https://www.sconul.ac.uk/sites/default/files/documents/SCONUL%20c
opyright%20briefing%20on%20Hargreaves%20exceptions.pdf

27. MAIN POINTS
• The ‘library privilege’ provisions in the Copyright,
Designs and Patents Act (Sections 40A-44B) were
updated in 2014 to allow libraries to supply all types
of copyright work
• Legislation is complex and doesn’t map directly onto
library activities
• Licences are important but exceptions are also vital
• Contract override is a key aspect
• Fair dealing not part of the library privilege provisions
– see instead ‘reasonable proportions’

28. MAKING AND SUPPLYING
COPIES TO LIBRARY USERS
• Libraries can provide copies of journal articles or
‘reasonable proportions’ of other works for users’
non-commercial research or private study
• It is possible to provide copies of entire unpublished
works.
• The requester user must sign a declaration, but this
can now be done digitally
• The content can be supplied in digital form, even if
licences do not allow this
• There is no need to require users to print off
documents and delete the digital version

29. MAKING AND SUPPLYING
COPIES TO LIBRARY USERS
• Libraries can provide copies of journal articles or
‘reasonable proportions’ of other works for users’
non-commercial research or private study
• It is possible to provide copies of entire unpublished
works.
• The requester user must sign a declaration, but this
can now be done digitally
• The content can be supplied in digital form, even if
licences do not allow this
• There is no need to require users to print off
documents and delete the digital version

30. MAKING AND SUPPLYING
COPIES TO OTHER LIBRARIES
• A non-profit library can request copies of items from
any other library
• Journal articles – can be supplied with no availability
caveat
• Whole or part of any published work – can be
supplied only where librarian doesn’t know, or could
not reasonably find out, the copyright owner’s names
and address.
• Published works include sound recordings and films

31. ALSO ON COPYRIGHT USER…
https://www.copyrightuser.org/educate/intermediaries/libraries/#:~:text=Libraries
%20are%20also%20legally%20allowed,material%20in%20the%20first%20place.

32. JOIN THE COOL GANG…
https://copyrightliteracy.org/2020/08/18/an-alt-special-interest-group-call-
for-founding-members/

33. THEJOURNEYCONTINUES…

34. CREDITS
All content is © Chris Morrison and Jane Secker CC BY with the exception of:
Slide 4 - © Facet Publishing
Slides 7-8 – logos from copyright the card game CC 0 (with exception of IPO, OGL, Creative Commons, CLA and ERA logos which are used with
permission)
Slide 10 - Complexity by John Barkiple on Unsplash
Slide 10 - Panic by Nate Steiner - https://www.flickr.com/photos/nate/321938695/ CC0
Slide 10 - Freedom Photo by Kristina V on Unsplash
Slide 11 - © Sam Morrison
Slides 12-13 – Jacket by Kevin Doncaster CC BY https://www.flickr.com/photos/kmdoncaster/30207120626/sizes/l/
Slide 15 – Various © holders – used with permission
Slide 16 – Open Photo by Morning Brew on Unsplash
Slide 17 – Muppet News Flash © Jim Henson
Slide 18 - © Wonkhe
Slide 19 – © BBC and © Wonkhe
Slide 20 – © Times Higher Education
Slide 21 - Photo by Noom Peerapong on Unsplash
Slide 23 - © University of Kent, CC BY
Slide 25 – Adam and the Ants from Wikipedia: https://en.wikipedia.org/wiki/Stand_and_Deliver_(Adam_and_the_Ants_song)
Slide 31 – © Copyrightuser.org
Slide 33 - © Chris Morrison and Jane Secker llcensed under CC-BY
Slide 34 © Jim Henson

35. FURTHERREADING
Cornish, G (2019) Copyright: Interpreting the Law for Libraries, Archives and Information Services. Facet Publishing:
London. Sixth Edition.
Gadd, E., Morrison, C. & Secker, J. (2019) Understanding the value of the CLA Licence to UK Higher Education.
Universities UK / GuildHE Copyright Negotiation and Advisory Committee. Final report. Available at
https://ukcopyrightliteracy.files.wordpress.com/2019/07/cnac-research-project-report-final-with-logos-1.pdf
Gadd, E., Morrison, C. & Secker, J. (2019). The Impact of Open Access on Teaching—How Far Have We Come?
Publications, 7, 56. https://doi.org/10.3390/publications7030056
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
Morrison, C. and Secker, J (2016) Exceptions for libraries.
http://www.copyrightuser.org/educate/intermediaries/libraries/
Morrison, C. and Secker, J. (2017). Understanding librarians’ experiences of copyright: findings from a
phenomenographic study of UK information professionals. Library Management, 38(6/7), pp. 354-368. doi:
10.1108/LM-01-2017-0011 Available at: http://openaccess.city.ac.uk/17385/
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. & Secker, J. (2020) Will the pandemic force universities to address the challenges of copyright?
https://wonkhe.com/blogs/will-the-pandemic-force-universities-to-address-the-challenges-of-copyright-2/
Padfield, T. (2019) Copyright for Archivists and Records Managers. Facet Publishing: London. Sixth Edition
Secker, J. and Morrison, C. (2016) Copyright and E-learning: a guide for practitioners. Facet publishing: London.
Secker, J., Morrison, C. and Nilsson, I. (2019). Copyright Literacy and the Role of Librarians as Educators and
Advocates. Journal of Copyright in Education & Librarianship, 3(2), doi: 10.17161/jcel.v3i2.6927