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Third Floor
Policies & Copyrights
for e-Learning
Shaping e-Learning altogether
3
Define
• A set of decisions which are oriented towards
a long-term purpose or to a particular
problem.
– Policies are applied from governments,
companies, organizations but also individuals
Policies on e-Learning
Study
• On the case of e-Learning in universities in 9
countries across the world
• International agencies participated
• The scope of the research covered 2000 to
2005
Patterns on e-Learning Policies
• Stage 1: Governments act to make e-learning
possible,
• Stage 2: Governments work to integrate
e-Learning into the education system, effectively,
to mainstream e-learning
• Stage 3: A transformative role for e-learning is
seen, with changes to views of learning and to
the nature and operation of the tertiary
institutions and the tertiary system
Policy Initiatives
• Strategies to develop physical infrastructure
• Focusing on building and ensuring quality in
e-learning
• Moves to create a system wide approach to
e-learning
• Embedding e-learning and aiming for sector
efficiencies
Physical Infrastructure
• All regions and countries had undertaken policy
initiatives designed to provide access to the
physical infrastructure supporting broadband
access, which is considered essential for effective
e-learning provision.
• Notably, the level of broadband uptake is far less
than policy-makers anticipated, suggesting that
having built it, not all sectors of society have seen
the need to expand their Internet use
Quality in e-Learning
• Provision of support, information and
guidance for learners
• Professional development and support for
tertiary teachers
• Leadership development
• Development of high quality e-learning
content
Systematic Approach
• Development of collaboration & cooperation
between the institutions comprising the
tertiary system
• Awareness of the benefits of e-learning and to
continue to build demand for e-learning
services
• Support for research initiatives and policy
evaluation to ensure informed decision-
making
Sector Efficiencies
• As the e-learning environment matures there are
policy moves to embed e-learning by making it
integral to broader strategies for teaching and
learning
• Policy alignment is a key issue at this stage. Sector
efficiencies were sought through the integration
of information systems and the development of
synergies between institutional activities
1995-2005
• For 10 years considerable investments have
been made to equip educational institutions
with computers, software programs, local
networks and Internet access
• Recently, policy emphasis has switched from
infrastructure and connectivity to content,
services, and practice
• the investments made in ICT-enabled teaching
and learning has not yet brought about the
profound changes in educational practices
that would better align educational
institutions with the requirements of the
knowledge society.
• eLearning will become pervasive only when
faculty change how they teach – not before.
Issues coming from Policy
Initiatives for e-Learning
Issues (1/4)
• Conceptions of e-learning
– Misalignment of definitions of e-learning
• Supply of and demand for e-learning
– Ask why there would be demand in the first place
• Strategies for disadvantaged and under
represented groups
– Policies must include them as well
Issues (2/4)
• Current emphasis on e-learning is restrictive
– emphasis on e-learning is narrow (e-development)
• Engagement with research
– Disconnection with the rich and long tradition of
distance education
• Maturity of the policy landscape
• Distinction between integrated and
standalone policies
Issues (3/4)
• Policy alignment
• Distinction between centralised and
decentralised policies
• Tension between state, national and
supranational policy initiatives
• Economic imperative underpinning e-learning
policy
Issues (4/4)
• Greater emphasis on formal aspects of tertiary
education
• A global education market
• Lack of debate and critical dialogue
Digital Agenda for Europe – 2011 report
• Digital content (upcoming actions)
– Directive on Collective Rights Management
– Green Paper on audiovisual content
– Directive on orphan works
– Directive on enforcement of intellectual property
rights
– Directive on re-use of Public Sector Information
Digital Agenda for Europe – 2011 report
• Interoperability & Standards (upcoming actions)
– Regulation on European Standardization
– European multi-stakeholder platform on ICT
standardization
– Market players to license interoperability
information
Digital Agenda for Europe – 2011 report
• Technology (upcoming actions)
– Connecting Europe Facility (CEF)
– State Aid Guidelines on Broadband Deployment
– Rural Development for 2014-2020
• Digital Literacy (upcoming actions)
– Indicators of digital competences
– Online interactive platform for consumer education
Copyrights for e-learning
Definition
• Intellectual property rights (IPR) are, broadly,
rights granted to creators and owners of works
that are the result of human intellectual
creativity.
– These works can be in the industrial, scientific,
literary or artistic domains.
– They can be in the form of an invention, a
manuscript, a suite of software, or a business name
What does it protect?
• Copyright protects the expression of an idea,
NOT the idea itself
• The creator, author or maker of copyright
material is normally the first copyright owner
of what are known as their exclusive or
“economic” exploitation rights
Who’s the owner?
• The author of a work is the first owner of
copyright in that work.
• If a work is created by an employee in the course
of employment, the employer is the first owner
of copyright subject to any contrary agreement
• In the case of works created by students in a
college or university, copyright ownership rests
with the student unless there is a valid
agreement stating otherwise
What are the rights of the owner?
Copyright owner has the following rights
• to copy a work
• to issue copies of a work
• to rent or lend the work to the public
• to make an adaptation of the work
• to perform, show or play the work in public
• to communicate the work to the public
How can I use licensed work?
• With the permission of the copyright owner
through the copyright statement
• By seeking and obtaining permission directly
from the copyright owner
• By means of an assignment of copyright in
writing from the copyright owner
Education
• In the education context relevant exceptions
include:
– Fair dealing for non-commercial research and
private study, criticism and review
– Non-exact copies of works for teaching purposes
in educational establishments (such as copying
material by hand)
Current Status
• Today the default copyright status for creative
works is “all rights reserved”
– Practical impacts on the process of creativity and
cultural, scientific and educational development
• This impact is felt particularly in an age of
inexpensive Internet-based publishing,
copying & distribution of creative works
Before “copy-pasting”, ask…
• Where is the content used?
• Is the content protected by copyright?
• Who is the right’s holder?
• What is the protected content used for?
Reality check
• In the digital environment an enormous
amount of the material we wish to access will
be subject to copyright law
• As digital technologies inherently reproduce
and communicate material in their normal
process of operation; by mere use we activate
the potential for copyright infringement
Full potential achieved?
• While the new digital technologies possess an
enormous capacity to disseminate knowledge,
copyright law will play a key role in
determining the legality of any such act
• What’s the use of having 2.000.000 resources
we cannot share?
Creative Commons
• Prof. L. Lessig and his colleagues from Stanford
University introduced them
• Lessig’s vision was for a space in the Internet
world where people could share and reuse
copyright material without fear of being sued
– a creative commons
Creative Commons
• Creative Commons is a world wide project
aimed at building a distributed information
commons by encouraging copyright owners to
license use of their material through open
content licensing protocols and thereby
promote better identification, negotiation and
reutilization of content for the purposes of
creativity, education and innovation
Baseline Features (1/2)
• The following features are common to all
Creative Commons licenses:
– licensees are granted the right to copy, distribute,
display, digitally perform and make verbatim copies
of the work into another format;
– the licenses have worldwide application that lasts
for the entire duration of copyright and are
irrevocable;
– licensees cannot use technological protection
measures to restrict access to the work;
Baseline Features (2/2)
– copyright notices should not be removed from all
copies of the work; and
– every copy of the work should maintain a link to the
license;
– attribution must be given to the creator of the
copyright work (BY)
Optional Features (1/2)
• Copyright owners can choose from among the
following optional license conditions:
– Non-commercial (NC): others are permitted to
copy, distribute, display and perform the copyright
work – and any derivative works based upon it –
but for non-commercial purposes only;
Optional Features (2/2)
• Copyright owners can choose from among the
following optional license conditions:
– No derivative works (ND): others are permitted to
copy, distribute, display and perform exact copies
of the work only and cannot make derivative
works based upon it;
– Share alike (SA): others may distribute derivative
works only under a license identical to that
covering the original work
Mixing & Matching (1/2)
• By combining the baseline & optional features, the
users end up with the following licenses:
– Attribution (BY) – It lets others copy, distribute, re-use and
build upon your work, even commercially, as long as they
credit you for the original creation
– Attribution-Non-commercial (BY-NC) – It lets others copy,
distribute, re-use and build upon your work, as long as it is
not for commercial purposes and they credit you as the
original author
– Attribution-Share alike (BY-SA) – It lets others re-use and
build upon your work even for commercial purposes, as
long as they credit you and license any derivative works
under identical terms
Mixing & Matching (2/2)
– Attribution-Non-commercial-Share alike (BY-NC-SA) – This
license lets others re-use and build upon your work, as long as it
is for non-commercial purposes, they credit you and they
license their new creations under identical terms
– Attribution-No derivatives (BY-ND) – This license allows use of
a work in its current form for both commercial and non-
commercial purposes, as long as it is not changed in any way or
used to make derivative works, and credit is given to the original
author
– Attribution-Non-commercial-No derivatives (BY-NC-ND) –
It only allows a work to be copied and shared with others in its
original form, and only for non-commercial purposes and where
credit is provided to the original author. This license does not
allow the creation of derivative works, or the use of the work for
commercial purposes
Licenses
• The CC licenses are expressed in three ways:
– The Commons Deed, a simple, plain-language
summary of the license, complete with the
relevant icons;
– The Legal Code, which is the “fine print” an author
and the users of his or her work need to be sure
the license will stand up in court
– The Digital Code, a machine-readable translation
of the license that helps search engines and other
applications identify the work by its terms of use
CC make copyright laws redundant?
• Creative Commons rely on the power of
copyright ownership and law to structure
open access downstream.
– CC is not anti-copyright, rather it uses copyright as
the basis for structuring open access. In this sense
CC is designed to provide a new model for
managing copyright in digital content
Open Educational Resources
• Creative Commons and other types of open
content licenses provide the basis on which to
share and re-use open educational resources
• In the sharing and re-using of learning objects,
research results, publications, or other
materials for educational environments open
content licensing will increasingly play a role
Challenges (1/2)
• Need to be clear that the person or entity that
provides permission under a Creative Commons
license is indeed the copyright owner
• Be mindful of the moral rights obligations that
CC licenses confirm – namely that of attribution
and preserving the integrity of the copyright
material.
Challenges (2/2)
• Whether re-use in education will be classed as
commercial or non commercial as increasingly
education providers are required to engage in
revenue generating activities
• CC are perpetual and irrevocable, meaning that
once you license your material you cannot
change your mind; it is licensed forever
Conclusions
• In a digital world where educational users will
increasingly engage with a culture of cut and
paste, remix, collaboration and instant
Internet access, open content licensing will
provide a vitally important facility for sharing
and reshaping knowledge in the name of
culture, education and innovation
Third Floor
Policies & Copyrights
for e-Learning
Next stop:
4th Floor – Introduction to Metadata
3

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MetadataTheory: Policies & Copyrights for LOs (4th of 10)

  • 1. Third Floor Policies & Copyrights for e-Learning Shaping e-Learning altogether 3
  • 2. Define • A set of decisions which are oriented towards a long-term purpose or to a particular problem. – Policies are applied from governments, companies, organizations but also individuals
  • 4. Study • On the case of e-Learning in universities in 9 countries across the world • International agencies participated • The scope of the research covered 2000 to 2005
  • 5. Patterns on e-Learning Policies • Stage 1: Governments act to make e-learning possible, • Stage 2: Governments work to integrate e-Learning into the education system, effectively, to mainstream e-learning • Stage 3: A transformative role for e-learning is seen, with changes to views of learning and to the nature and operation of the tertiary institutions and the tertiary system
  • 6. Policy Initiatives • Strategies to develop physical infrastructure • Focusing on building and ensuring quality in e-learning • Moves to create a system wide approach to e-learning • Embedding e-learning and aiming for sector efficiencies
  • 7. Physical Infrastructure • All regions and countries had undertaken policy initiatives designed to provide access to the physical infrastructure supporting broadband access, which is considered essential for effective e-learning provision. • Notably, the level of broadband uptake is far less than policy-makers anticipated, suggesting that having built it, not all sectors of society have seen the need to expand their Internet use
  • 8. Quality in e-Learning • Provision of support, information and guidance for learners • Professional development and support for tertiary teachers • Leadership development • Development of high quality e-learning content
  • 9. Systematic Approach • Development of collaboration & cooperation between the institutions comprising the tertiary system • Awareness of the benefits of e-learning and to continue to build demand for e-learning services • Support for research initiatives and policy evaluation to ensure informed decision- making
  • 10. Sector Efficiencies • As the e-learning environment matures there are policy moves to embed e-learning by making it integral to broader strategies for teaching and learning • Policy alignment is a key issue at this stage. Sector efficiencies were sought through the integration of information systems and the development of synergies between institutional activities
  • 11. 1995-2005 • For 10 years considerable investments have been made to equip educational institutions with computers, software programs, local networks and Internet access • Recently, policy emphasis has switched from infrastructure and connectivity to content, services, and practice
  • 12. • the investments made in ICT-enabled teaching and learning has not yet brought about the profound changes in educational practices that would better align educational institutions with the requirements of the knowledge society.
  • 13. • eLearning will become pervasive only when faculty change how they teach – not before.
  • 14. Issues coming from Policy Initiatives for e-Learning
  • 15. Issues (1/4) • Conceptions of e-learning – Misalignment of definitions of e-learning • Supply of and demand for e-learning – Ask why there would be demand in the first place • Strategies for disadvantaged and under represented groups – Policies must include them as well
  • 16. Issues (2/4) • Current emphasis on e-learning is restrictive – emphasis on e-learning is narrow (e-development) • Engagement with research – Disconnection with the rich and long tradition of distance education • Maturity of the policy landscape • Distinction between integrated and standalone policies
  • 17. Issues (3/4) • Policy alignment • Distinction between centralised and decentralised policies • Tension between state, national and supranational policy initiatives • Economic imperative underpinning e-learning policy
  • 18. Issues (4/4) • Greater emphasis on formal aspects of tertiary education • A global education market • Lack of debate and critical dialogue
  • 19. Digital Agenda for Europe – 2011 report • Digital content (upcoming actions) – Directive on Collective Rights Management – Green Paper on audiovisual content – Directive on orphan works – Directive on enforcement of intellectual property rights – Directive on re-use of Public Sector Information
  • 20. Digital Agenda for Europe – 2011 report • Interoperability & Standards (upcoming actions) – Regulation on European Standardization – European multi-stakeholder platform on ICT standardization – Market players to license interoperability information
  • 21. Digital Agenda for Europe – 2011 report • Technology (upcoming actions) – Connecting Europe Facility (CEF) – State Aid Guidelines on Broadband Deployment – Rural Development for 2014-2020 • Digital Literacy (upcoming actions) – Indicators of digital competences – Online interactive platform for consumer education
  • 23. Definition • Intellectual property rights (IPR) are, broadly, rights granted to creators and owners of works that are the result of human intellectual creativity. – These works can be in the industrial, scientific, literary or artistic domains. – They can be in the form of an invention, a manuscript, a suite of software, or a business name
  • 24. What does it protect? • Copyright protects the expression of an idea, NOT the idea itself • The creator, author or maker of copyright material is normally the first copyright owner of what are known as their exclusive or “economic” exploitation rights
  • 25. Who’s the owner? • The author of a work is the first owner of copyright in that work. • If a work is created by an employee in the course of employment, the employer is the first owner of copyright subject to any contrary agreement • In the case of works created by students in a college or university, copyright ownership rests with the student unless there is a valid agreement stating otherwise
  • 26. What are the rights of the owner? Copyright owner has the following rights • to copy a work • to issue copies of a work • to rent or lend the work to the public • to make an adaptation of the work • to perform, show or play the work in public • to communicate the work to the public
  • 27. How can I use licensed work? • With the permission of the copyright owner through the copyright statement • By seeking and obtaining permission directly from the copyright owner • By means of an assignment of copyright in writing from the copyright owner
  • 28. Education • In the education context relevant exceptions include: – Fair dealing for non-commercial research and private study, criticism and review – Non-exact copies of works for teaching purposes in educational establishments (such as copying material by hand)
  • 29. Current Status • Today the default copyright status for creative works is “all rights reserved” – Practical impacts on the process of creativity and cultural, scientific and educational development • This impact is felt particularly in an age of inexpensive Internet-based publishing, copying & distribution of creative works
  • 30. Before “copy-pasting”, ask… • Where is the content used? • Is the content protected by copyright? • Who is the right’s holder? • What is the protected content used for?
  • 31. Reality check • In the digital environment an enormous amount of the material we wish to access will be subject to copyright law • As digital technologies inherently reproduce and communicate material in their normal process of operation; by mere use we activate the potential for copyright infringement
  • 32. Full potential achieved? • While the new digital technologies possess an enormous capacity to disseminate knowledge, copyright law will play a key role in determining the legality of any such act • What’s the use of having 2.000.000 resources we cannot share?
  • 33. Creative Commons • Prof. L. Lessig and his colleagues from Stanford University introduced them • Lessig’s vision was for a space in the Internet world where people could share and reuse copyright material without fear of being sued – a creative commons
  • 34. Creative Commons • Creative Commons is a world wide project aimed at building a distributed information commons by encouraging copyright owners to license use of their material through open content licensing protocols and thereby promote better identification, negotiation and reutilization of content for the purposes of creativity, education and innovation
  • 35. Baseline Features (1/2) • The following features are common to all Creative Commons licenses: – licensees are granted the right to copy, distribute, display, digitally perform and make verbatim copies of the work into another format; – the licenses have worldwide application that lasts for the entire duration of copyright and are irrevocable; – licensees cannot use technological protection measures to restrict access to the work;
  • 36. Baseline Features (2/2) – copyright notices should not be removed from all copies of the work; and – every copy of the work should maintain a link to the license; – attribution must be given to the creator of the copyright work (BY)
  • 37. Optional Features (1/2) • Copyright owners can choose from among the following optional license conditions: – Non-commercial (NC): others are permitted to copy, distribute, display and perform the copyright work – and any derivative works based upon it – but for non-commercial purposes only;
  • 38. Optional Features (2/2) • Copyright owners can choose from among the following optional license conditions: – No derivative works (ND): others are permitted to copy, distribute, display and perform exact copies of the work only and cannot make derivative works based upon it; – Share alike (SA): others may distribute derivative works only under a license identical to that covering the original work
  • 39. Mixing & Matching (1/2) • By combining the baseline & optional features, the users end up with the following licenses: – Attribution (BY) – It lets others copy, distribute, re-use and build upon your work, even commercially, as long as they credit you for the original creation – Attribution-Non-commercial (BY-NC) – It lets others copy, distribute, re-use and build upon your work, as long as it is not for commercial purposes and they credit you as the original author – Attribution-Share alike (BY-SA) – It lets others re-use and build upon your work even for commercial purposes, as long as they credit you and license any derivative works under identical terms
  • 40. Mixing & Matching (2/2) – Attribution-Non-commercial-Share alike (BY-NC-SA) – This license lets others re-use and build upon your work, as long as it is for non-commercial purposes, they credit you and they license their new creations under identical terms – Attribution-No derivatives (BY-ND) – This license allows use of a work in its current form for both commercial and non- commercial purposes, as long as it is not changed in any way or used to make derivative works, and credit is given to the original author – Attribution-Non-commercial-No derivatives (BY-NC-ND) – It only allows a work to be copied and shared with others in its original form, and only for non-commercial purposes and where credit is provided to the original author. This license does not allow the creation of derivative works, or the use of the work for commercial purposes
  • 41. Licenses • The CC licenses are expressed in three ways: – The Commons Deed, a simple, plain-language summary of the license, complete with the relevant icons; – The Legal Code, which is the “fine print” an author and the users of his or her work need to be sure the license will stand up in court – The Digital Code, a machine-readable translation of the license that helps search engines and other applications identify the work by its terms of use
  • 42. CC make copyright laws redundant? • Creative Commons rely on the power of copyright ownership and law to structure open access downstream. – CC is not anti-copyright, rather it uses copyright as the basis for structuring open access. In this sense CC is designed to provide a new model for managing copyright in digital content
  • 43. Open Educational Resources • Creative Commons and other types of open content licenses provide the basis on which to share and re-use open educational resources • In the sharing and re-using of learning objects, research results, publications, or other materials for educational environments open content licensing will increasingly play a role
  • 44. Challenges (1/2) • Need to be clear that the person or entity that provides permission under a Creative Commons license is indeed the copyright owner • Be mindful of the moral rights obligations that CC licenses confirm – namely that of attribution and preserving the integrity of the copyright material.
  • 45. Challenges (2/2) • Whether re-use in education will be classed as commercial or non commercial as increasingly education providers are required to engage in revenue generating activities • CC are perpetual and irrevocable, meaning that once you license your material you cannot change your mind; it is licensed forever
  • 46. Conclusions • In a digital world where educational users will increasingly engage with a culture of cut and paste, remix, collaboration and instant Internet access, open content licensing will provide a vitally important facility for sharing and reshaping knowledge in the name of culture, education and innovation
  • 47. Third Floor Policies & Copyrights for e-Learning Next stop: 4th Floor – Introduction to Metadata 3