copyright law in the educational context (darius whelan part)

Darius Whelan and Louise CrowleyFaculty of Law, UCC

Ionad Bairre Seminar, 8 Nov. 2012

Copyright Law in the Educational Copyright Law in the Educational Copyright Law in the Educational Copyright Law in the Educational

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Copyright Law in the Educational Copyright Law in the Educational Copyright Law in the Educational Copyright Law in the Educational ContextContextContextContext

Part 2Part 2Part 2Part 2

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Epigeum – Teaching and

Learning with Technology -

Class 5 – Developing Course

Content (2009)

Open Educational Resources (OER)Open Educational Resources (OER)Open Educational Resources (OER)Open Educational Resources (OER)

• Free and openly licensed educational materials that can be used for teaching, learning and research

• Supported, for example, by UNESCO• Supported, for example, by UNESCO

• Various examples – MIT OpenCourseware; OER Commons; WikiEducator

• Massive Open Online Courses (MOOCs), including Coursera

• Ireland – National Digital Learning Resources (NDLR)

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What is Creative Commons?

• Non-profit corporation based in California

• Founded on notion that some people may not want to exercise all of

the intellectual property rights the law affords them.

• Believes there is an unmet demand for an easy yet reliable way to tell

the world "Some rights reserved" or even "No rights reserved." the world "Some rights reserved" or even "No rights reserved."

• Many people want to share their work - and the power to reuse,

modify, and distribute their work - with others on generous terms.

• Creative Commons intends to help people express this preference for

sharing by offering the world a set of licenses on its site, at no

charge.

• UCC Law Faculty is Irish Partner

• Website: www.creativecommons.org7

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Advanced Search on Flickr……

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• To download picture, select Actions > View all

sizes

• Choose the size you want and then choose

‘download’ ‘download’

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Other sites with Creative Commons material

• YouTube • Google Advanced Search – see ‘usage rights’ section

• Google Images Advanced Search • Google Images Advanced Search • Europeana• search.creativecommons.org

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Important to attribute work

• Samples from Slideshare

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Copyright Review Committee

•Dr Eoin O’Dell, TCD

•Patricia McGovern, Solicitor

•Professor Steve Hedley, UCC

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• Consultation Paper issued Feb. 2012

• Examples of general questions raised:

– Does copyright law inhibit the work of innovation

intermediaries?

– Should a broad fair use doctrine be adopted?– Should a broad fair use doctrine be adopted?

– Should all of the exceptions permitted by the EU

Copyright Directive be incorporated into Irish law?

– Should a Copyright Council of Ireland be

established?

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• Paper also considers broadening Education

exceptions. See pp. 67-72.

• Various sections of Act which refer to “research or

private study” could be amended to state

“education, research or private study”

• Paper considers possible new sections on• Paper considers possible new sections on

– Illustrations for education

– Distance learning

– Use by educational establishment of work available

through the internet

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• Paper considers Text Mining and Data Mining

– Data Mining: Establishing patterns in large data

sets

– Text mining: deriving high-quality information – Text mining: deriving high-quality information

from text through means such as statistical

pattern learning

• Proposes specific exception for text mining

and data mining

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• Robert Clark, Shane Smyth and Niamh Hall,

Intellectual Property Law in Ireland, 3rd ed. (2010)

• Legislation and Cases – 3 UCC sites:

– www.bailii.org

– www.irlii.org– www.irlii.org

– www.irishlaw.org

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Credits:

Slide 2 – Epigeum Ltd.

Slide 17 – photo CC BY martinak15 from Flickr

Slide 21 – CC BY NC SA Eoin O’Dell; UCC Faculty of Law;

DFMGsolicitors.ie

This slide – photo CC BY dbrekke from Flickr