1. IPR issues in e-Learning2.0
Mrs. Urmila M. Shende
Inter Institutional Computer Centre,
RTM Nagpur University, Nagpur
urmilashende@yahoo.com
Dr. Mrs. Mangala Hirwade
Asst. Professor, Dept. of Library and Information Science,
RTM Nagpur University, Nagpur
hmangala@rediffmail.com
National Seminar : 27th
March 2010

2. Contents
1. Introduction
2. Current Status of E-Learning
3. Web2.0 & E-Learning2.0
4. IPR issues for Web2.0
5. Web2.0 and Copyright Exceptions
6. Conclusion
7. References

3. Introduction
 E-Learning increases the value of an organization’s
intellectual capital through the distribution of knowledge
across the organization within a democratic, open culture
where unnecessary information boundaries have been
eliminated.
 Teachers and students are embracing web technologies such
as wiki, blogging and podcasting. Although not designed
specifically for use in education, these tools are helping to
make e-learning far more personal, social, and flexible.
 This paper discusses IP issues raised by eLearning2.0. This
also explores Knowledge of copyrights and familiarisation
with the exceptions available to the work of education and
with the defense of fair dealing is essential for anyone who is
involved with authoring e-learning materials.

4.  Intellectual property surrounds us in nearly
everything we do
 The principal intellectual property rights are:
 Copyright,
 Patents,
 Trade Marks,
 Database Right,
 Performers’ Rights,
 Design Rights,
 The Protection of confidential information.

5. What is Web 2.0?
 In recent years we have witnessed
the emergence of new tools and
services. Some of these have been
characterised as
Web 2.0 / Social Software.
 These new tools and services are about knowledge creation,
management, sharing and dissemination
 Called as “next generation technologies”
 Read/Write web
 Applications such as blogs, social bookmarking services,
wikis, podcasts, RSS feeds and social software which all
provide enhancements over read-only websites.
(Traditional websites limit visitors to viewing only and can be modified
by the site owner only)

6. Current Status of E-Learning
E-learning has moved through a
number of distinct phases – from
Computer Based Training through
Learning Management Systems
and Courseware Management
Systems, Social collaborative
Learning(eLearning2.0) to M-
Learning.

7. E-Learning 2.0?
 E-Learning 2.0 is a term used for Computer-
supported collaborative learning systems that came
about during the emergence of Web 2.0

8. E-Learning 2.0?
 This new e-learning places increased emphasis on
social learning and use of social software such as
blogs, wikis, podcasts and virtual worlds such as
Second Life.
 edublogs.org & wikispaces.com are two examples of
blog and wiki resources for e-learning

9. IPR issues for Web2.0 environment
Because of the ease
with which
materials can be
copied and
re-disseminated,
the web poses major
IP rights issues like
for copyright,
database rights

10.  Within a Web 2.0 environment,
in which anyone is potentially
a creator and publisher of content
 IP issues like who owns copyright, who is
responsible for dealing with infringements
within different legal jurisdictions and/or the
identity of collaborators.
 Consequential difficulties arise in policing and
enforcing any infringements that might occur
and establishing who is liable for what and
when.
 Uncertainty about what may be permitted
under exceptions to copyright

11. Copyright
 Copyright is the most prolific intellectual property
right
 Almost every element of an e-learning system,
including educational materials and the systems
supporting virtual learning environments (VLEs),
will attract some element of copyright.
 An understanding of what constitutes infringement,
what defenses are available and how to license
copyright is fundamental to almost everyone
working with an online learning environment.

12. Is Copying Permitted?
 There are three basic ways to copy (or do any of
the other acts restricted by copyright) third party
materials that are protected by copyright.
1. To rely on one of the exceptions to copyright
2. To obtain explicit written permission from the rights
owner or its representative
3. To take out a license with a supplier of copyright
materials.

13. Is Copying Permitted?
 It is assumed that most Web 2.0 users do not
have the time or inclination to go to the trouble of
approaching individual rights owners.
 It is possible that they are indeed covered by a
pre-existing license, but it is also assumed they
will not check whether this is the case or not.
 There are therefore two bases under which
people can copy third party material for use in
Web 2.0 applications.
 The first is implied licenses, and the second is
exceptions to copyright.

14. Implied Licenses
 An implied license arises when the actions by one
party would reasonably lead one to believe that a
license is being offered.
 It is reasonable, for example, to assume that if a
person contributes material to a blog or wiki,
that there is an implied license for that material
to be redisseminated and/or incorporated into
further versions of that blog or wiki.

15. Copyright Exceptions
 Copyright is infringed when a third party copies
(or carries out another act restricted under
copyright law) all or a substantial part of an in
copyright work owned by a third party.
 Exceptions to copyright are an integral part of
copyright law.
 They reflect the balance between the rights of
owners to control the use of and/or gain economic
benefit from, the fruit of their labours, and needs
of users to gain access to copyright materials for
educational, recreational and other socially
beneficial needs.

16. The Exceptions to Copyright
For Web 2.0 activities, in practice following
exceptions need to be considered:
1. Fair dealing for non-commercial research or
private study
2. Fair dealing for criticism or review
3. Fair dealing for news reporting
4. Incidental use
5. Exceptions for visually impaired persons
6. Things done for instruction
7. Things done for examinations in education
8. Abstracts of scientific and technical articles

17. Conclusion
 People who contribute to, or manage Web 2.0
products need to be aware that there are some
risks involved in incorporating such third party
materials, and should make an informed risk
assessment and respond accordingly, i.e., by
either not copying the material in, by
approaching the rights owner for permission, or
assuming an implied license.
 A familiarisation with the exceptions available to
the work of education and with the defense of fair
dealing is essential for anyone who is involved
with authoring e-learning materials.

18. References
1. www.Web2Rights.org.uk
2. http://en.wikipedia.org
3. http://www.jisc.ac.uk/publications/briefingpapers/2008/bpweb20iprv1.aspx
4. http://www.web2rights.org.uk/newdocs/IP_and_Web_2_Factsheet_v1.1.doc
5. Pinsent Masons, Copyright Law for e-Learning Authors, May 2005. JISC
Legal, From:
http://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/copyrightlawelearn.pdf
6. http://www.web2rights.org.uk/team/wiki/index.php/IP_and_Web_2.0_Fact
_sheet
7. http://www.readwriteweb.com/archives/e-
learning_20_all_you_need_to_know.php
8. Downes, S (2005) E-Learning 2.0., http://www.downes.ca/post/31741
9. Karrer, T (2006) What is eLearning 2.0?,
http://elearningtech.blogspot.com/2006/02/what-is-elearning-20.html
10. Karrer, T (2007) Understanding eLearning 2.0.,
http://www.astd.org/LC/2007/0707_karrer.htm
11. Redecker, Christine (2009). "Review of Learning 2.0 Practices: Study on
the Impact of Web 2.0 Innovations on Education and Training in Europe".
JRC Scientific and technical report. (EUR 23664 EN – 2009). http://
ipts.jrc.ec.europa.eu/publications/pub.cfm?id=2059.