amee2011 workshop 3_p_hardy_brown slides

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The slides used at AMEE 2011 on Monday 29 August 2011 by Suzanne Hardy and Gillian Brown in session 3P.

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Share and share alike: using and creating Open Educational

Resources – “teaching materials for free?”

Suzanne Hardy and Gillian BrownHigher Education Academy Subject Centre for Medicine, Dentistry and

Veterinary Medicine

On behalf of Brown, Greenwood, Hardy, Purcell, Quentin-Baxter & Wood,

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Icebreaker

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Background£5.7+£4+£4=

£13.7 millions

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Mitigating risk by adopting good practice to save time and money

OER is irrelevant(but a nice by-product )

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openeducationalresources.pbworks.com/ www.elearningreadiness.org/ stemoer.pbworks.com/w/page/6799480/User-Guide-to-OER www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1 blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/ www.medev.ac.uk/ourwork/oer/ http://stemoer.pbworks.com/w/page/40417233/Release-Checklist

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Sharing openly is good

50%www.medev.ac.uk/ourwork/oer/value/

• Public money• Transparency and accountability• Equality of access• Increased utility• Increased applications & better retention

• Students do use OER and it does save time http://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/it-turns-out-that-oer-does-save-time-and-students-do-use-them/

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IPR & copyright Open Educational Resources

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Intellectual property rights (IPR)

• There are four main types of IP rights – Patents protect what makes things work (e.g. engine

parts, chemical formulas)– Trade marks are signs (like words and logos) that

distinguish goods and services in the marketplace– Designs protect the appearance of a product/logo,

from the shape of an aeroplane to a fashion item– Copyright is an automatic right which applies

whenthe work is expressed (fixed, written or recorded)

• Copyright, Design and Patents Act, 1988 • Copyright arises automatically when an original idea (author

uses some judgment or skill) is expressed/created– www.ipo.gov.uk

www.medev.ac.uk

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Who owns copyright?

• The owner of the copyright is the person (or persons, if jointly owned) who created/expressed it, i.e. the author (writer, composer, artist, producer, publisher, etc.)– Original literary works such as novels or poems– Original dramatic works such as dance– Original musical works, i.e. the musical notes – Original artistic works such as graphic works (paintings,

drawings etc.), photographs and sculptures, including sound recordings, films and broadcasts

– Typographical arrangements of published editions• An exception is an employee who creates a work in

the course of their employment (employer owns) • www.cla.co.uk

www.medev.ac.uk

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What rights does a copyright owner have?

• A copyright owner has economic and moral rights• Economic rights cover copyright owner acts, including

rights to copy the work, distribute (e.g. making it available on-line), rent, lend, perform, show, or adapt it

• Owners can waive, assign, licence or sell the ownership of their economic rights

• Moral rights can be waived (but not licensed or assigned) and include the right to – Be identified as the author – Deny a work (that an author did not create) – Object to derogatory treatment of the work

• www.cla.co.uk

www.medev.ac.uk

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Copyright infringement

• It is an infringement of copyright (in relation to a substantial part of a work) without the permission or authorisation of the copyright owner, to– Copy it and/or issue copies of it to the public– Rent or lend it to the public– Perform or show it in public– Communicate it to the public

• Secondary infringement may occur if someone, without permission, imports, possesses or deals with an infringing copy, or provides the means for making it

• Material found on the internet is subject to copyright• www.cla.co.uk

www.medev.ac.uk

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Exceptions

• You may copy copyright works if– Copyright has expired (e.g. for literary, dramatic,

musical or artistic works = 70 years from when the last author dies)

– Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK)

– Your use of the work is covered under a licensing scheme that you and the copyright holder have subscribed to

– The copyright owner has given you permission• www.copyrightservice.co.uk

www.medev.ac.uk

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Obtaining clearance to use copyright material

• For permission to copy, contact the copyright owner in writing and specify– The material you wish use (title, author name etc.)– The exact content to be duplicated (i.e. page numbers)– The number of copies you wish to make– How the copies will be used (i.e. for an event, course

work)– Who the copies will be distributed to (i.e. students)

• For most published works this will be the publisher • Permission is needed for each and every purpose • Fees may be charged to copy the item, or for

administering the request to copy the item• www.cla.co.uk

www.medev.ac.uk

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Fair dealing

• Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) – Research and private study– Instruction or examination– Criticism or review– News reporting– Incidental inclusion– Accessibility for someone with, e.g. a visual impairment

• There is no simple formula or % that can be applied, fair dealing doesn’t permit internet sharing –instead use licenced materials, or ask for permission

• www.copyrightservice.co.uk

www.medev.ac.uk

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Using licenced works

• A licence (a set of rules) describes how copyright items may be used by others

• Licensing schemes (such as Creative Commons) that both authors (owners) and users can access for free – If both sides observe the rules then both parties are

instantly protected – Owners licence others to use their content– Users obey the terms of the licence– Creative Commons provides different licences that can be

combined together– Policies can be developed to guide owners what licences

to use

www.medev.ac.uk

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Policies, disclaimers and risk

• In order to safeguard yourself against litigation for copyright or data protection (consent) violation– Have a policy/disclaimer– Clearly publish your policy and keep it up to date– Train your staff in the use of the policy– Follow your policy (do what you say you will do)

• You may also want a disclaimer ‘this resource has been provided… use it at your own risk. If you have any concerns about material in this resource…’

• Actively manage your risks• Take out liability insurance

www.medev.ac.uk

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Reflection

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www.medev.ac.ukCreative Commons: creativecommons.org/about/licenses/

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Consent as distinct from IPR

• Defined by the principles in the Data Protection Act 1998 and Human Rights Act 1998

• Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.)– Teachers (academics, clinicians, practice/work based learning

tutors, etc.)– Students and ‘product placement’ (branded items) – Role players/actors/performers/hired help (including recording

crew)– Patients/patient families/care workers/support staff/members of

public in healthcare settings (sensitive personal data) – GMC review of the guidelines for consent/patient recordings

www.medev.ac.uk

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Considerations

• People• Patients (children and vulnerable adults)• Dead people/patients (children and

vulnerable adults)• Existing recordings (already exist)• New recordings (that you are planning to

make)

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GMC guidance

• Making and using visual and audio recordings of patients 2001– Referred to clinical care and research, did not

refer to teaching

• Making and using visual and audio recordings of patients 2011 – Does refer to teaching

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consent commons

Consent Commons ameliorates uncertainty about the status of educational resources depicting people, and protects institutions from legal risk by developing robust and sophisticated policies and promoting best practice in managing information.

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Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource

Engendering trust

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http://medicalimages.pbworks.com/

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Principles

1. Acknowledge that patients’ interests and rights are paramount.2. Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers.3. Respect the rights of those who own the recordings and the intellectual property of those recordings, and check and comply with the licences for use.4. Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate.

Email: [email protected]

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Finding openly licensed resources online

Open Educational Resources

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Reflection

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Things to do today: good practice with resources for learning and teaching(OER is irrelevant)

3

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1Using the Xpert to find resources, including images, sounds and

videoswww.nottingham.ac.uk/xpert/

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2Using Flickr advanced search for photos, diagrams

and videowww.flickr.com/search/advanced/

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3Using Google Images advanced searchwww.google.co.uk/

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Using attribution tools to acknowledge creators

Open Educational Resources

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www.nottingham.ac.uk/xpert/attribution/

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Attribution tools

http://openattribute.com/

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Drop down gives HTML or plain text options to copy into your resource

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Policies, disclaimers and risk• In order to safeguard yourself against litigation for

copyright or data protection (consent) violation– Have a policy/disclaimer– Clearly publish your policy and keep it up to date– Train your staff in the use of the policy– Follow your policy (do what you say you will do)

• You may also want a disclaimer ‘this resource has been provided… use it at your own risk. If you have any concerns about any material appearing in this resource…’

• Actively manage your risks• Take out liability insurance

www.medev.ac.uk

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Attribution and disclaimer• This ppt file is made available under a

Creative Commons Attribution Share Alike version 3.0 unported licence.

• Please include the following phrase ‘Suzanne Hardy and Gillian Brown, AMEE, August 2011, ‘

• Users are free to link to, reuse and remix this material under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact [email protected] who will make reasonable endeavour to take down the original files within 10 working days.

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MEDEV good practice risk assessment toolkit

www.medev.ac.uk/ourwork/oer/

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www.medev.ac.uk/ourwork/oer/

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Digital professionalism• To be a digital

professional every member of staff who contributes to curriculum delivery, in both NHS and academic settings should be able to identify, model and understand professional behaviour in the digital environment.

CC-BY Official US Navy Imagerywww.flickr.com/photos/usnavy/5509486066/

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“many medical students seem unaware of or unconcerned with the possible ramifications of sharing personal information in publicly available online profiles even though such information could affect their professional lives”

Ferdig et al, 2008

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“most learners are still strongly led by tutors and course practices: tutor skills and confidence with technology are therefore critical to learners' development”

Beetham et al, 2009

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• Information/resources increasingly easy to find• Blurring of personal and professional identities online• Increasing need to manage issues of disclosure• Changing public expectations• Misunderstandings of digital spaces• Consequence

• Permanence• Lack of understanding of ownership

and licencing in online environments

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• Information/resources increasingly easy to find• Blurring of personal and professional identities online• Increasing need to manage issues of disclosure• Changing public expectations• Misunderstandings of digital spaces• Consequence

• Permanence• Lack of understanding of ownership

and licencing in online environmentsBy Michael Deschenes (Own work) [Public domain], via Wikimedia Commons

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– An ‘unconference’: By teachers, for teachers– Focussed on sharing ideas: Practical, helpful,

inspiring– Everyone participates– Everyone learns– 2- or 7-minute presentations– Anyone can speak– No obligation to pay attention

With thanks to Isla Kuhn, @ Cambridge for these slides

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http://23thingswarwick.blogspot.com/p/programme-outline.html/

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Manage risk by adopting good practice

• Know how to find appropriately licenced content

• Use the most openly licenced content wherever possible

• Attribute 3rd party material• Explicitly attribute your own work with

disclaimer and licence as openly as possible• Pass on good practice to peers and students

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Mitigating risk by adopting good practice to save time and money

OER is irrelevant(but a nice by-product )

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www.medev.ac.uk/ourwork/oer/twitter.com/hea_medev

www.medev.ac.uk/blog/oer-phase-2-blog/

http://www.surveymonkey.com/s/PORSCHE

[email protected] @glittrgirl

[email protected] @gillybean42

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Attribution and disclaimer• This ppt file is made available under a Creative Commons

Attribution Share Alike version 3.0 unported licence.• Please include the following phrase ‘Suzanne Hardy and

Gillian Brown, AMEE, August 2011, ‘• Users are free to link to, reuse and remix this material

under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact [email protected] who will make reasonable endeavour to take down the original files within 10 working days.

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The Higher Education Academy OER pages: www.heacademy.ac.uk/ourwork/teachingandlearning/oer/

The JISC OER pages: www.jisc.ac.uk/oer

The OER InfoKit from JISC InfoNet: openeducationalresources.pbworks.com

The OER Synthesis and Evaluation Report: www.caledonianacademy.net/spaces/oer/

The JISC Legal IPR Toolkit: www.web2rights.com/OERIPRSupport/index.html

References

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References

• http://www.nottingham.ac.uk/xpert/attribution/• http://ocw.mit.edu/index.htm• http://oerwiki.iiep-unesco.org/index.php?

title=UNESCO_OER_Toolkit• http://www.creativecommons.org• http://wylio.com/ • http://openattribute.com

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Reflection

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http://www.nottingham.ac.uk/xpert/

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http://www.flickr.com/search/advanced/

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www.google.co.uk

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www.nottingham.ac.uk/xpert/attribution

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cc: by

Least restrictiveMost openMost reusable

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.

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Attribution tools

• openattribute.com/

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Drop down gives HTML or plain text options to copy into your resource

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