Urmila ipr 26mar_final
19
IPR issues in e-Learning2.0 Mrs. Urmila M. Shende Inter Institutional Computer Centre, RTM Nagpur University, Nagpur [email protected] Dr. Mrs. Mangala Hirwade Asst. Professor, Dept. of Library and Information Science, RTM Nagpur University, Nagpur [email protected] National Seminar : 27 th March 2010
Transcript of Urmila ipr 26mar_final
IPR issues in e-Learning2.0
Mrs. Urmila M. ShendeInter Institutional Computer Centre,RTM Nagpur University, Nagpur [email protected]
Dr. Mrs. Mangala HirwadeAsst. Professor, Dept. of Library and Information Science,RTM Nagpur University, Nagpur [email protected]
National Seminar : 27th March 2010
Contents
1. Introduction
2. Current Status of E-Learning
3. Web2.0 & E-Learning2.04. IPR issues for Web2.05. Web2.0 and Copyright Exceptions6. Conclusion7. References
Introduction
E-Learning increases the value of an organization’s intellectual capital through the distribution of knowledge across the organization within a democratic, open culture where unnecessary information boundaries have been eliminated.
Teachers and students are embracing web technologies such as wiki, blogging and podcasting. Although not designed specifically for use in education, these tools are helping to make e-learning far more personal, social, and flexible.
This paper discusses IP issues raised by eLearning2.0. This also explores Knowledge of copyrights and familiarisation with the exceptions available to the work of education and with the defense of fair dealing is essential for anyone who is involved with authoring e-learning materials.
Intellectual property surrounds us in nearly everything we do
The principal intellectual property rights are: Copyright, Patents, Trade Marks, Database Right, Performers’ Rights, Design Rights, The Protection of confidential information.
What is Web 2.0? In recent years we have witnessed
the emergence of new tools and services. Some of these have been characterised as Web 2.0 / Social Software.
These new tools and services are about knowledge creation, management, sharing and dissemination
Called as “next generation technologies” Read/Write web Applications such as blogs, social bookmarking services,
wikis, podcasts, RSS feeds and social software which all provide enhancements over read-only websites. (Traditional websites limit visitors to viewing only and can be modified
by the site owner only)
Current Status of E-Learning
E-learning has moved through a number of distinct phases – from Computer Based Training through Learning Management Systems and Courseware Management Systems, Social collaborative Learning(eLearning2.0) to M-Learning.
E-Learning 2.0?
E-Learning 2.0 is a term used for Computer-supported collaborative learning systems that came about during the emergence of Web 2.0
E-Learning 2.0?
This new e-learning places increased emphasis on social learning and use of social software such as blogs, wikis, podcasts and virtual worlds such as Second Life.
edublogs.org & wikispaces.com are two examples of blog and wiki resources for e-learning
IPR issues for Web2.0 environment
Because of the ease with which materials can be copied and re-disseminated, the web poses major IP rights issues like for copyright, database rights
Within a Web 2.0 environment, in which anyone is potentially a creator and publisher of content
IP issues like who owns copyright, who is responsible for dealing with infringements within different legal jurisdictions and/or the identity of collaborators.
Consequential difficulties arise in policing and enforcing any infringements that might occur and establishing who is liable for what and when.
Uncertainty about what may be permitted under exceptions to copyright
Copyright
Copyright is the most prolific intellectual property right
Almost every element of an e-learning system, including educational materials and the systems supporting virtual learning environments (VLEs), will attract some element of copyright.
An understanding of what constitutes infringement, what defenses are available and how to license copyright is fundamental to almost everyone working with an online learning environment.
Is Copying Permitted?
There are three basic ways to copy (or do any of the other acts restricted by copyright) third party materials that are protected by copyright.
1. To rely on one of the exceptions to copyright
2. To obtain explicit written permission from the rights owner or its representative
3. To take out a license with a supplier of copyright materials.
Is Copying Permitted?
It is assumed that most Web 2.0 users do not have the time or inclination to go to the trouble of approaching individual rights owners.
It is possible that they are indeed covered by a pre-existing license, but it is also assumed they will not check whether this is the case or not.
There are therefore two bases under which people can copy third party material for use in Web 2.0 applications.
The first is implied licenses, and the second is exceptions to copyright.
Implied Licenses
An implied license arises when the actions by one party would reasonably lead one to believe that a license is being offered.
It is reasonable, for example, to assume that if a person contributes material to a blog or wiki, that there is an implied license for that material to be redisseminated and/or incorporated into further versions of that blog or wiki.
Copyright Exceptions
Copyright is infringed when a third party copies (or carries out another act restricted under copyright law) all or a substantial part of an in copyright work owned by a third party.
Exceptions to copyright are an integral part of copyright law.
They reflect the balance between the rights of owners to control the use of and/or gain economic benefit from, the fruit of their labours, and needs of users to gain access to copyright materials for educational, recreational and other socially beneficial needs.
The Exceptions to Copyright
For Web 2.0 activities, in practice following exceptions need to be considered:
1. Fair dealing for non-commercial research or private study
2. Fair dealing for criticism or review3. Fair dealing for news reporting4. Incidental use5. Exceptions for visually impaired persons6. Things done for instruction7. Things done for examinations in education8. Abstracts of scientific and technical articles
Conclusion
People who contribute to, or manage Web 2.0 products need to be aware that there are some risks involved in incorporating such third party materials, and should make an informed risk assessment and respond accordingly, i.e., by either not copying the material in, by approaching the rights owner for permission, or assuming an implied license.
A familiarisation with the exceptions available to the work of education and with the defense of fair dealing is essential for anyone who is involved with authoring e-learning materials.
References1. www.Web2Rights.org.uk2. http://en.wikipedia.org 3. http://www.jisc.ac.uk/publications/briefingpapers/2008/bpweb20iprv1.aspx 4. http://www.web2rights.org.uk/newdocs/IP_and_Web_2_Factsheet_v1.1.doc5. Pinsent Masons, Copyright Law for e-Learning Authors, May 2005. JISC
Legal, From:http://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/copyrightlawelearn.pdf
6. http://www.web2rights.org.uk/team/wiki/index.php/IP_and_Web_2.0_Fact_sheet
7. http://www.readwriteweb.com/archives/e-learning_20_all_you_need_to_know.php
8. Downes, S (2005) E-Learning 2.0., http://www.downes.ca/post/317419. Karrer, T (2006) What is eLearning 2.0?,
http://elearningtech.blogspot.com/2006/02/what-is-elearning-20.html10. Karrer, T (2007) Understanding eLearning 2.0.,
http://www.astd.org/LC/2007/0707_karrer.htm11. Redecker, Christine (2009). "Review of Learning 2.0 Practices: Study on
the Impact of Web 2.0 Innovations on Education and Training in Europe". JRC Scientific and technical report. (EUR 23664 EN – 2009). http://ipts.jrc.ec.europa.eu/publications/pub.cfm?id=2059.
