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IPR, Licences and
What Do I Have To Do?!
Before You Start: OER, IPR and Licensing Workshop
24 November 2010

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Hi!
• Jason Miles-Campbell
JISC Legal Service Manager
• jason.miles-campbell
@jisclegal.ac.uk
• 0141 548 4939
• www.jisclegal.ac.uk

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What’s Coming...
• What are intellectual property rights?
• What is licensing?
• What are your IPR project obligations to the
funders?
• Discussion and questions

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When it comes to IPR...
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1. I’m confident
2. I’ve a fair idea
3. I dabble
4. I ask others
5. I hide in the toilet
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Copyright in One Slide
• Copyright controls copying and other
‘restricted acts’
• You must own copyright, or have the
permission of the copyright holder, in
order to do the ‘restricted acts’
• A few education-relevant exceptions

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Understanding the CC Licences
• A learning curve for projects, creators
and rights holders
• The “not quite CC” syndrome
• Education and changing perceptions
• Understanding CC as permissions
• Understanding CC compatibilities etc

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Which licence for you?
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1. CC-0
2. CC-BY
3. CC-BY-SA
4. CC-BY-ND
5. CC-BY-NC
6. CC-BY-NC-SA
7. CC-BY-NC-ND
8. Various / non-CC
9. Don’t know
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The Patchwork Quilt
• A world of rich content and bright
lights... often means many licences
• Accepting limitations
• Changing approach to development
• Encouraging open, simple licensing

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What’s the expected audience?
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1. UK local/regional
2. UK national
3. European
4. English-speaking global
5. Global
6. Very varied
7. Don’t know
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Any Storm in a Port?
• Ported v unported licences
• Over focus on jurisdiction
• Recognising the audience
• Improved understanding of CC

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What’s Your Attitude to IPR?
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1. Anarchist
2. Boundaries need pushed
3. Pragmatic, not pedantic
4. Conservative & cautious
5. Strongly risk averse
6. Not sure
:10

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... the fact that our system of
communication, teaching and
entertainment does not grind to a
standstill is in large part due to the fact
that in most cases infringement of
copyright has, historically, been
ignored...
“
”

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Let’s Get Risqué!
• Altruism, anarchy, openness,
transparency, copyright = copywrong
• Recognition of IPR risk in OER
• A low risk threshold?
• Champion risk-free resources

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Institutional attitude to OER
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10
Seconds
Remaining
1. Strong buy-in at all levels
2. Staff buy-in, but senior
management untested
3. Project is testing the waters
4. Some institutional barriers
5. Not sure (yet!)

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Yours, Mine, and Minefields
• Ownership of IPR in academic work
• Denial, and sensitivities
• Senior management buy-in
• Staff and student buy-in
• A diplomatic approach to OER

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How much third party content?
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1. The vast majority
2. Lots
3. Some
4. A little
5. None
6. Large variations
7. Don’t know
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Asking the World...
• Getting third party permissions
• The world isn’t changing fast enough
• Getting buy-in (not just legal)
• Accept limits / alter current approach
• Wait

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OER Without (Legal) Tears
• Copyright isn’t going to change much
• Acceptance of the legal reality
• Be mindful of tensions and sensitivities
• Avoidance of complex licensing
• Focus on using useful building blocks
• Wait for the creative world to change

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