brooke on February 7th, 2011
I thought that while we promote the LMS team and the fabulous work they do, I woiuld repost a blog I wrote for them about making material available in a copyright compliant way.
This post was originally published at the LMS Blog on the 29th of July, 2010
“Copyright infiltrates the work of Universities in nearly everyway and making material available via the LMS is no different. The Copyright Act doesn’t have a magic provision that allows us to do whatever we want because we’re doing it for educational purposes. The Copyright Act does have provisions that do allow us to do things but they have specific limits, registration and noticing requirements and rules that you will need to know when you make material available. There are a lot of misconceptions about how copyright works for the University so let’s play a little true or false:
“Linking is not an infringement of copyright.”
True – mostly.
Linking is like giving someone a citation and saying, “Go find this at the source.” You haven’t reproduced the material; you’re pointing someone to it. So, in general, linking to material from the LMS is perfectly legitimate. There is a catch, however: the material that you link to must be legitimate. When you link to infringing material, you are in effect telling someone to go and infringe copyright – it’s called authorising infringement. So you will need to make sure that the material you are linking to is legitimate and from a reliable source.
“The 10% or 1 chapter rules only apply to one subject, not across the whole University.”
The Part VB statutory licence allows the University to have 1 chapter or 10% of a literary, dramatic or musical work online, via the LMS at any one time. There are certain, restricted, circumstances where you may be able to have more – see the copyright office website for information.
“I can make music available on the LMS.”
True – mostly
The University is a signatory to a licence with the music industry that allows you to make musical sound recordings that are part of the Music Industry’s repertoire, available for streaming only via the LMS. Downloads are not permitted. See here for more information.
“So long as I attribute the material, I can make as much material as I like available via the LMS.”
To make material available online under the statutory licence, you will need to restrict access, acknowledge the source, register the material, put a notice on the material and limit the amount that you use. These are very important conditions to the University being able to rely on this licence and you must make sure you do them correctly. Information about applying these 5 steps to your type of material can be found on these pages.
“The photos I took on a field trip of my students are fine to put online.”
“I can’t show my 2009 class wiki to this year’s students.”
True – mostly
If you wish to keep material that students have created from last year to show this year’s students you will need the consent of each student that was involved in creating the material. Unless there is an agreement to the contrary, student’s own copyright in material they create – including entries on wikis, comments on discussion boards, blogs or assignments. More information about student rights can be found here.
“‘Educational Purposes’ doesn’t cover public lectures that are educational to the public.”
Educational purposes is defined by the Copyright Act as a reproduction or communication that is made for a particular course provided by the University or for the administration of that course. They also cover the reproduction of material for inclusion in a library collection. It does not cover University activities such as marketing, promotion, administration, or Knowledge Transfer/ Community Engagement activities.
And this is just the beginning!
Copyright is complex but the University Copyright Office is here to assist you as much as possible. If you want to know about you copyrights and responsibilities when using the LMS, an LMS Lunchtime session is being run, ‘Copyright & the LMS’ on the 26th of August at 1pm. To register, contact me via email: firstname.lastname@example.org or x47142.”