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Notes from JISC Regional Support Centre South West online webinar – 4th June 2009

Presenter: Naomi Korn – Web2Rights project manager
Project web site: http://www.web2rights.org.uk 

Introduction
The Internet is now content rich and it is now easier to access and use other people’s content and technology then ever before:  
  • We are all uses of other people’s work
  • We are also generating our own copyright protected work

Due to this there is now a constant flow of ownership rights and copyright whilst we work, study and browse the Internet. Therefore institutions and projects need to take a pragmatic and managed approach to the management of IP and Copyright.

The Web2Rights project was originally set up to develop resources and guidance to support the Users and Innovations Programme projects.  The project has created an IPR and legal issues toolkit, diagnostic tools and charts (which are available for download form the web site). 

The IPR family

  • Copyright
    • Sound recording
    • Video recording
    • Broadcast
    • Artistic works
    • Typographic works
    • Literary works
    • Dramatic works
    • Music
  • Database rights
  • Trademarks
  • Patents
  • Performance rights
  • Design
These rights can all be bought, sold assigned etc. and are covered legislation. Intellectual input (invested time) gives rise to one of these rights (simple facts are not covered unless there is an interpretive element). Copyright is an automatic right. There are many layers of rights within copyright (sound recording, video recording, broadcast, artistic works, typographic works, literary works, dramatic works, music).
Performance rights – are generated when people present, lecture or perform therefore it is important that they give their consent prior to a recording being made and distributed.  

Any piece of content can have multiple rights associated with it, as well as multiple ownership.  Ownership of copyright (which is exclusive) is a reward for the creator and doesn’t necessarily get transferred with sale or ‘hand over’ of objects or content. For members of staff the rights to anything created will generally be owned by the institution as outlined in legislation.  (Note: the University of Exeter IP policy currently waives the right of copyright ownership back to the creator.)

It was suggested in the webcast that in general “staff and students are either ignorant of, or choose to deliberately ignore copyright law”. Copyright is often viewed as a remote legal issue remote from activities associated with teaching, learning and research.

Issues to consider for the Open Exeter project

  • Students are the first owners of copyright in anything they create. 
  • Putting content on the web is a communication to the public, therefore permission of all rights holders are needed
  • All outputs for JISC projects have to be released under open-access conditions.
  • JISC RSC-SW are running an online creative commons webinar on 24th June 2009
  • Web2Rights have produced  flow charts mapping IPR and Copyright issues which can be downloaded on their website
  • Important to consider and manage risk and have mitigation strategies in place (e.g. take down policy) for any project dealing with rights managed materials

Matthew Newcombe

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