Understanding and Engaging with Legislation

The advent of the internet and the digitalisation of content meant that the ability to copy and redistribute content came into the hands of every internet user. This has transformed the context of copyright enforcement and, although efforts are made to restrict digital content being shared through a variety of digital rights management (DRM) access control technologies, the temptation and ability to copy and reuse digital content is still widespread and can have legal implications for individuals and institutions. It is incumbent on all learning technologists to keep these in mind when creating content and advising staff.

Another approach is to increase legal opportunities to share content – such as using the Creative Commons licensing that authorises sharing with certain conditions. This is what we do for the content that we share publicly on our website. There are also increasing numbers of websites that host quality images, icons, and sounds that can legally be used - a favourite of mine is Unsplash.

Description

In my previous role, I was asked by staff to assist them in setting up a series of podcasts to be used in their introductory law course. While advising them I realised that if they were to use some music – for example as a jingle – they would need to make sure that it was not copyrighted material. Other issues also occurred to me such as whether they can re-use some material under the ‘fair use’ doctrine and the ownership of the copyright to the podcast itself. To inform myself further I completed a self-learning course on LinkedIn Learning entitled ‘Podcasting: Business and the Law’. Since this was based on the USA context and law, I also researched what are the British equivalents to some of the concepts mentioned in the course.

In my current role I have come across and been asked about the proper use of videos and images. I communicated with the university Library, and was told about the copyright guidance resources on their website that have been useful. On one occasion, a lecturer was downloading YouTube videos and uploading them into his Moodle course so that students in China could see them. I explained that this was not allowed and helped him to source some alternatives.

Reflection

An issue that was raised by the lecturers was what is called ‘fair use’ in the USA and is referred to as ‘fair dealing’ in the UK. I now know that there is a provision to allow “performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes,” – however, this only applies if the audience is limited to “teachers, pupils and others directly connected with the activities of the establishment” (Exceptions to copyright). Because the intention is to distribute the podcast via Spotify, iTunes and other widely used platforms, I advised them not to consider themselves covered by the usual ‘fair dealing’ exception available to material used in class. The solution is to use what the course called ‘podsafe’ content – i.e. royalty free music. I prepared one of these and shared it with them before.

With regard to copyright, the podcast would typically belong to the College, because it will be generated in the course of the lecturer’s employment and uses equipment provided by the college. However, I advised the lecturers to check carefully with their relevant department head as this may vary according to contracts.

I also advised them to make sure to obtain written consent to use any material if they interview someone for the podcast, and also to avoid sharing any identifiable details of students without their consent. In addition, they must not interview or share content from students under eighteen without their parents’ or guardians’ consent.