Shapes of Time - using TALMOS Gateway: Changes to Law

^{Shapes of Time}

Several years ago the Gowers Review of IP (Intellectual Property in the Digital Age) highlighted the step-change in technological method and in industrial and social practice in the use of digital technolgies that was taking place and how there was a requirement for UK to change its copyright law and practice to support economic growth, the impact of UK on global markets and enable general practice to be legal.

After several more reports (inc Digital Britain and the Copyright Strategy Paper 'The Way Ahead') a new consultation has been launched specifically about 'Education Exceptions'. It picks up several of Gowers' main points such the need for distance learning (Learning Platforms/VLE) and IWB to be included within 'exceptions' (There is no general allowance in the UK for 'education use' - this is covered (or not) through 'exceptions'; statements in the Copyright Act that define specific 'education use'.)

Of course this work is just one strand in the wider Digital Britain agenda which includes the file-sharing issue. This is, in itself, a big issue as the measures proposed in the new legislation do not appear to consider the 'intermediary' position of those who provide and manage communications services (ISP, networks, etc) or those serving larger communities such as a school, LA or regional education networks. JANET, JISC, BECTA and NEN are considering the issue. There is also a cluse on permitting use of Orphan Worlks without undue risk. There is also activity under the heading of Next Generation Access (NGA) (upgrading broadband for everyone), digital divide, etc. There are also some connections through the Digital Literacy concept to e-safeguarding and the new Education Bill. The Digital Economy Bill (DEB) is being now taken through parliament. We may also note that considerable work is going ahead in the EU to 'harmonize' legislation and enable greater sharing and economic generation. (see for instance the work on 'Creative Content in a European Digital Single Market')

In earlier UK consultations on Copyright the vast majority of those replying have come from industry, the HE/Research and cultural sectors. The Licensing Agenices have also been very active. There has been very little from the school sector - ie from those with experience of working with a) young people, b) in schools and c) in LA with their new ECM remit. Nor is there any great knowledge about how (or why) creatively schools use ICT and the extent to which many schools are already involved with parents/carers, homes and community. It is important, I believe, that the voice from the school sector is heard - clearly. I've just done a quick check and out of over 200 responses previously only a couple came from school sector The NEN response to Digital Britain (covers broadband developments as well as content and copyright) - NEN Response to DB

The consultation runs until end March 2010 so there is time to get a response through an organisational process. The Consultations summary introduction says ...

"The proposed changes will better reflect the needs of the modern education system by allowing the use of sound recordings, films and broadcasts which are not currently covered by the exceptions."
"The main proposals include: (my notes in brackets)

:: Educational Exceptions - to facilitate distance learning and the use of interactive whiteboards. (distance learning = authenticated Learning Platforms or VLE. - Some of this area is facilitated by Licensing organisations such as ERAplus; impact on AU policy? Position of parents?)
:: Research and Private Study Exception - allowing all forms of content to be used in the course of study or research, if the student or researcher is linked to an educational establishment. (so film, audio, come in-line with literary, text, etc. but NOT artistic works (images?)) (a great deal of this facilitated by Licencing orgs)
Archiving and Preservation Exception - enabling appropriate organisations to make copies of all works in their permanent collections for archival purposes, format shifting where necessary."
(my note: format shifting is included for orphan works/libraries/archives but not genereally; perhaps this needs to be taken on through EU to be effective? Parody, pastiche and caricature will not be included as a separate exception: current situation is deemed to be sufficent.)

:: The consultation is being managed by the UK IP Office - press release summary
:: The full consultation paper including response questions.

NB This is a second stage consultation so it's focus is on the statutory instruments (which is why there has been the furore about the section allowing 'change by ministerial dictat' in the future in the Digital Economy Bill itself.) and the impacts. It may also of course be that with an election looming the proposed changes to the Act won't make it through before then and an in-coming government may or may not pick it up as a priority. However, if it's not right for schools needs now we need to say so (after all no-one else will). NAACE members have often discussed 'copyright' and there appears an opportunity to make the case to the legislators.

Shapesoftime says
The direction of the consultation is surely right and should enable education institutions to work more effectively with the new digital tools and environments they now have. However, it is important that what is 'simple' in regulation does not become overly complex in usage (or a market place). ERA and CLA have expanded their licences (and charges) in the direction of the Bill. However, a number of things occur to me that may or may not be picked up:
:: Licencing Agencies remits (eg for photocopying, broadcast recording, etc) are directly linked to the Acts exceptions but has the accumulative impact on schools budgets been considered if all licences are expanded and more licence orgs get involved?
:: Extending copyright to cover LP/VLE extends need for AU and good managment at school and LA levels to cope. This is an area that many LA may feel some confidence about given the work many have already done - however if new regulation gfoes through then a substanial effort will be required to update practice and guidance. Looking beyond these proposals could an overall 'education licence' be developed so schools would be clear across all the media they use for 'education use' - the more licence options available the less easy it may be for schools to share and collaborate.

:: The NEN are developing guidance on IPR and Copyright which will be available later in the year.
:: Will the current terminology of 'private study' be changed to encompass the concept of the "learner". Answer is "No". So what does that term cover in terms of school practice , are places where group's work together and sharing is part of the learning experience - inc. the virtual iterations of social sites/vles.
:: 'Artistic works' are not be reconsidered yet as these include the 'photography' which is probably the key issue in terms of amount of school use - is it's omission from the new measures a cause for concern in the achievement of 'allowing all forms of content' to be used in education'? (Investigating more).
:: What is the impact of copyright considerations with greater on-line working in 'examinations' (think use of imagery, film, etc. by both examiners and students) ?
:: Will the other side of the learning coin - ie where teachers, pupils and schools are creators, rather than consumers, be fully taken into consideration?

All this is of course just a step along the way and opens a wider debate about the nature of copyright, IPR, the economy, ethics, the whole world and everything. But at present there is an opportunity to respond on behalf of learning and schools.Sieze the hour!

Marshall Mateer: 28th January 2010

The Three Strikes and You're Out' issue has been widely discussed in the press and blogosphere - almost always in terms of the music industry. The issue for the schools sector is serious as the measures - Clauses 4-16 of the Digital Economy Bill - are now extended to cover copyright in general.

In the wording of the draft Bill it seems that due thought for instituions such as schools or LA or for the realities of digital/networked provision of services may not have been given. How, in our case, they pertain to the networked environment of schools, LA or national networks rather than a home ADSL connection servcie. There are technical issues and management ones. Becta, JISC, JANET and the NEN amongst others are aware of and are working on the the issues. The Dept (DCMS) has assured the sector that it is not the intention to cut off supplies to whole schools or universities or libraries if infringement were to take place; but there are still concerns over how the Bill is written and how it could play in law and therefore the impact of the required measures may have for schools, LA and RBC and national networks. The answer to copyright infrigement in schools and home, at least, may better be seen along the lines of AU policy use, network management and monitoring and - common sense to bring education and copyright policy into one workable framework.

There is a stage beyond the disucssion of the Bill which is a Code of Practice - to be approved by OfCOM - that has to be drawn up and must be 'suitable for all stakeholder'.

:: Follow the Bill

More on this soon: 28th January, 19th Feb 2010.

Orphan Works are thosemillions of resources where copyright is not known, is lost or has been mislaid - old stuff and increasingly new stuff that doesn't have information attached.

Clause 42 of the Digital Economy Bill sets out measures to enable greater use of orphan works for the Common good by removing the usual permissons risk from a user. The work on this issue has been led in UK by the British Library. This is surely right and to be applauded. Hooray!

The proposal impacts on ARCHIVES but will have some effect for citizen-historians, local studies in relation to any subject, for those collecting and digitising archive materials or running depositories of works. Flickr Commons demonstrates the value of this chnage to owners, learners and scoiety in general.



............. opening up copyright ............. ?

David Lammy MP has launched '© the way ahead - a strategy for copyright in the digital age.' The document recognises the step-change for the creative and knowledge economies brought about by digital technologies and proposes a strategy to take the UK into the future. Mr Lammy said at the launch, "There is no doubt that overall simplification of the copyright system would be beneficial." Under consideration are:
1. Matching consumer needs to use works in the ways they want, such as sharing photos with friends on the web which means rights holders offering works with broader terms of use.
2. Advocating an EU-level distinction between commercial and non-commercial copying as individuals resent restrictions on personal, non-commercial uses of material.
3 Legalising more outright copying such as the creation of sound/image mashups, format-shifting and sharing material with family and friends for non-commercial purposes.
4. Finding ways to enable orphan works to be used.

The 'Strategy' appears to pick up some of the points raised by the Gowers Review two years ago and fits with our advocacy on Shapesoftime for education use.

It was also noted that "education and enforcement remain important, but aren’t the whole story." The measures to take effect from Summer 2011, outlined the week before - for serious mass downloading and including ISP and owner action - by Lord Mandelston seem to be developing along a different trajectory with serious doubts from many quarters including some of those these measures are supposed to protect.

Howevers on '© the way ahead' :
1. The key aspects of the 'Strategy' need to work pan-EU to work at all and that will take time - think several years?
2. Licencing organisations would need to reset their Terms of Use to fit and that might have consequences for fund holders.
3. While the 'Strategy's' aim is to "improve the exisiting copyright system rather than devise a radically new one" some changes would have to be made to the exisiting CDP Act.
4. As JISC has pointed out in it's responses to the debate care has to be taken to ensure that special arrangements for a group of users through exceptions or licences does not restrict the use they might enjoy from the wider public terms of use.
5. The new environment might still not meet all the needs of learning as digital technologies continue to develop and become more available to all.

All in all, and on first reading, such steps could go some way to make schools/learning life a lot easier and lift some burden from teachers, schools and LA. It is vitally important in the continuing developments that schools make their needs clear and that education professionals and learners are those primarily responsible for defining terms such as 'learning' and 'education'.

:: Download '© the way ahead' from the IPO (Intellectual Property Office) website.
:: Read about the Gowers Review in Shapesoftime.
:: Read about UK file-sharing measures. Guardian, 28th Oct 2009

Draft article added: 10 November 2009



'Earthrise' and the copyleft and copyright symbols. image: NASA; graphic: Mateer

April 18th: The Gowers Consultation is now closed. So we await the outcome and the next stage which should be a further consultation, but this time on the form of the regulation itself later in the year. Check for latest at UK IP Office

Are we moving into the shadows of restrictive practices or using digital technology to increase the light of knowledge?

The consultation based on the Gowers Review is published.
:: See Gowers consultation

The consultation includes several proposals of key importance to education - the whole thing is of course important to just about everything - but back to education. The consultation proposes that it should be OK to:
:: use copied resources with IWB systems.
:: use broadcast recordings for distance learning.
:: another proposal is that it will be OK to Format shift - copy from yr PC say to yr i-pod - which is pretty much regulation catching up with common practice.

But taken together its could be moving in the right direction; moving us on from the 'OK for private study and one copy on yr own PC' situation based on print culture to OK for the classroom and then, hopefully, to something that better supports collaboration, group and peer learning which, after all, is sort of the point of schools. But is it moving far enough and fast enough?
BUT if it's OK with an IWB is it OK on an intranet? And more important today 'Is it OK in a VLE?' And putting these together what impact does this have on our understanding of fair dealing? These are some of the questions the consultation is seeking response to.

And then there's still a lot more thinking to be done and a lot more hurdles to cross - podcasts anyone? If you make resources, who owns them - you or the school? Can children or students claim IP or ipr? And in these days of User Generated Content (UGC) what is a 'resource'? And while we're chewing on that, what's industry busy doing? Oh..and given that "every child matters" why are there so many orphans? what's an orphan? (see Glossary)

Now is the chance to sieze the hour and help bring IPR regulation closer to education intention and need - and indeed the logic of much current policy? Reply to the consultation - have yr say.

....and you thought it was OK to do that in an IWB all along? ...and you're still waiting for yr IWB...and what's an IWB? (Google has dozens of answers..one of them's bound to be right...).

Are you on our own? No The Gowers consultation has engaged a lot of people and organisations - and some of them do understand about education and learning:
:: Becta and JISC and the NEN are developing frameworks to support learning and teaching.
:: the 'Media Education Association has launched a debate in it's forums:
:: the Licencing Agencies are very concerned to make the move from analogue to digital...CLA, ERA, NLA, PRS, etc
:: the newly etablished UK IPOffice has all the latest.
:: Creative Commons, Creative Archive and other Open Philosophy Orgs are trying to develop licence options for the digital age.
:: some providers in the cultural and commercial sectors are taking advantage of the digital environment to make more material available...some at a charge to the user.
:: etc. etc. etc. etc.....
Not that all these organisations agree, but at least the issues are being discussed.

Over March we'll be adding to these Copyright/Copyleft pages to support a new course on IP and copyright/copywrong for LA Advisers and Teachers we're developing with SWGfL. The course is about what you can do..not about what you can't..how understanding IP can support the curriculum...and how IP can help Shape the World ..

In general there is a move to redress the balance between 'copyright' and rights holders interests, users needs and, as David Puttnam called it "public interest" - and the movement needs to continue and grow through informed practice to enable continuing progress in the face of technological and social changes during the coming years. The Gowers consultation offers one route for progress, but it is important that education needs are made clear before decisons are made here in the UK. Larry Lessig] makes a case for "creative freedom" in the cause of the wider freedoms of "democracy": see video of Lessig on creative freedom.

Marshall Mateer. 29th February 2008