Tag Archives: copyright

Reflecting on the informality of learning – Weeknote #30 – 4th October 2019

The view from St Philip's Bridge in Bristol
The view from St Philip’s Bridge in Bristol

Over the weekend I saw this article on WonkHE called  Learning in the spaces in between,

The final paragraph said:

With institutions re-evaluating their teaching and thinking how best to invest, it’s a great time to consider whether we really understand how students are using informal educational spaces outside of the classroom. The student perspective combined with novel use of occupancy data is bringing us closer to answering that conundrum.

Reminded me of this blog post that I wrote this back in 2017 on designing informal learning spaces that would encourage informal learning.

 Well the key really is to think about what actually facilitates and encourages informal learning.

It’s a combination of factors and can include design of learning spaces and the learning activities undertaken by the learners.

Creating the right contexts and environments for informal learning, will ensure that the concept of learn anywhere and anytime is encouraged and enhanced.

Though I wouldn’t have called it ethnography (and I certainly wouldn’t call it ethnography today) my blog post was based on my experiences in designing and running libraries, as well as developing the use of digital and virtual learning. I would spend a lot of time observing how learners would use our spaces, what they were doing in those spaces and I felt importantly what they weren’t doing as well. I would talk to learners, more importantly I would listen to learners. We would also measure space utilisation and activity in our spaces and all this would inform how we would design and change the space.

Sofa's in the library at Gloucestershire College
Sofa’s in the library at Gloucestershire College

When we originally designed the spaces, an important aspect to me was flexibility, being able to change the space as demands on that space changed, in how people wanted to use it and how many wanted to use it. All our shelving for example was on wheels, could be moved easily and quickly around. So following observation and listening, we would adjust the space accordingly.

That blog post was inspired by another one I had written in 2010 on designing informal learning.

The premise of that article was you couldn’t design informal learning (as that would formalise it) but what you could do is create spaces that would encourage informal learning.

It is more challenging to create learning spaces that encourage informal and social learning. As demands on space continues to grow and demand for more learner-led learning, it is important that institutions consider much more how their spaces can be used for informal learning.

Victoria Street in Bristol
Victoria Street in Bristol

Monday I was into the office in Bristol for various meetings and some training on culture. One of the things I did finalise was my performance objectives for the year ahead. One thing which I ensured was that my objectives were derived from the strategic objectives of the organisation. This way everything I do is contributing to the organisational strategic priorities. This process was something we did on the Jisc Digital Leaders Programme and I also illustrated in this sketchnote.

Vision

I also had a discussion about writing an article about Education 4.0, but with a copyright lens. At this time we’ve not really looked into the copyright implications of the changes that could happen in the world of education.

Alas when leaving the office later that day, it was pouring rain and I got rather damp walking back to my car. I realised my waterproof coat was in fact no longer waterproof.

Illness in others and terrible rain, meant that meetings were changed, so I was able to change my plans from going into the Bristol office to working from home on Tuesday and avoid the rain.

I saw a video in the Twitter on the fourth industrial revolution which I thought was rather good so I blogged about it.

What is Industry 4.0?

Wednesday saw an interesting anniversary, as ten years ago on the 2nd October, I was at the ULCC Event, The Future of Technology in Education.

James Clay presenting at FOTE09
James Clay presenting at FOTE09

Little did I know the impact that this presentation would have on me, my future career and education in general. I wrote a nostalgic blog post looking back at the event, my presentation and the impact it had.

The future of learning… ten years later!

Group working
Image by StockSnap from Pixabay

I spent a lot of time on Thursday interviewing prospective student partners for Jisc. We like to know what is important to students regarding their use of technology in education and research. What skills they think they need and how they want to learn. So every year we get a group of students from across HE and FE and work with them in a variety of different ways. Some attend our meetings, others our events, they participate in podcasts, panel sessions and workshops. I have always felt it was important to listen to the student voice to inform my work.

Friday I had various meetings, but managed to make a lot of progress on our Learning Technologist technical career pathway. We will be piloting this with individuals over the next twelve months.

My top tweet this week was this one.

Top Ten Blog Posts 2018

This year I have written only 17 blog posts, in 2017 it was 21 blog posts, in 2016 it was 43 blog posts, in 2015 I wrote 24 blog posts. In 2014 I wrote 11 and in 2013 I wrote 64 blog posts and over a hundred in 2012. In 2011 I thought 150 was a quiet year!

Do signs work?

The tenth most popular blog post in 2018 was asking So do signs work? This article from 2013 described some of the challenges and issues with using signage to change behaviours. So do signs work? Well yes they do, but often they don’t.

The post at number nine was my podcast workflow, published in 2011, this article outlines how and what equipment I use to record the e-Learning Stuff Podcast. This is only one way in which to record a remote panel based podcast, and I am sure there are numerous other ways in which to do this. I have also changed how I have recorded over the two years I have been publishing the podcast due to changes in equipment and software. It’s probably time to update it, though I am not doing as much podcasting as I use to.

Dropping three places to eighth was 100 ways to use a VLE – #89 Embedding a Comic Strip. This was a post from July 2011, that looked at the different comic tools out there on the web, which can be used to create comic strips that can then be embedded into the VLE. It included information on the many free online services such as Strip Creator and Toonlet out there. It is quite a long post and goes into some detail about the tools you can use and how comics can be used within the VLE.

The post at number seven, climbing one place, was Comic Life – iPad App of the Week. Though I have been using Comic Life on the Mac for a few years now I realised I hadn’t written much about the iPad app that I had bought back when the iPad was released. It’s a great app for creating comics and works really well with the touch interface and iPad camera.

Sixth most popular was a post from 2018, called “I don’t know how to use the VLE!” This blog post described a model of VLE embedding and development. This post was an update to the model I had published in 2010.

In at number five, is also a post from 2018, Why does no one care about my digital strategy? This post described some of the background to the leadership briefing I wrote with Lawrie Phipps on the digital lens.

digital lens

Holding at fourth, is Can I legally download a movie trailer? One of the many copyright articles that I posted some years back, this one was in 2008, I am still a little behind in much of what is happening within copyright and education, one of things I do need to update myself on, as things have changed.

Dropping one place back to third, was Frame Magic – iPhone App of the Week, still don’t know why this one is so popular!

FrameMagic - iPhone App of the Week

Back in 2015 I asked I can do that… What does “embrace technology” mean? in relation to the Area Review process and this post was the second most popular post in 2018, last year it was in sixth place, so it’s getting more popular.

Once again, for the sixth year running, the number one post for 2018 was the The iPad Pedagogy Wheel.

The Padagogy Wheel

I re-posted the iPad Pedagogy Wheel as I was getting asked a fair bit, “how can I use this nice shiny iPad that you have given me to support teaching and learning?”. It’s a really simple nice graphic that explores the different apps available and where they fit within Bloom’s Taxonomy. What I like about it is that you can start where you like, if you have an iPad app you like you can see how it fits into the pedagogy. Or you can work out which iPads apps fit into a pedagogical problem.

So there we have it, the top ten posts 2018.

e-Learning Stuff Podcast #091: Conversing about copyright

radio microphone

We converse about the current topics and issues in copyright in higher education.

With James Clay, Jane Secker and Chris Morrison.

This is the 91st e-Learning Stuff Podcast Conversing about copyright.

Download the podcast

Shownotes

Notes: We’re using a different hosting service for the podcast, so we don’t have the old embedded player. We still need to add it to the podcast feed, so not yet available in iTunes or through the podcast feed. We have now embedded the podcast and added it to the podcast feed, so will be available in iTunes.

Top Ten Blog Posts 2015

Sand Bay

Over the last 12 months I have written 24 blog posts which is two a month. In 2014 I wrote 11 and in 2013 I wrote 64 blog posts and over a hundred in 2012. In 2011 I thought 150 was a quiet year!

The tenth most popular post on the blog in 2015, dropping one place from 2014, was written back in 2009 when Twitter was (at the time) looked like the height of the Twitter’s popularity. In the post Ten reasons why Twitter will eventually wither and die… I talked about how Twitter would, like so many other earlier social networks such as Friendster, Bebo, MySpace, would eventually wither and die… well I got that one right didn’t I? Still there are aspects in the post that may, at some point in the future ring true!

My opinion piece on Area Based Reviews for FE was a new entry and the ninth most popular post, I can do that… What does “embrace technology” mean? This was written in 2015 and looked at what we mean when we ask FE Colleges to “embrace technology” and how they could in fact do that. Embracing technology is easy to say, easy to write down. Ensuring that you actually holistically embrace technology across the whole organisation, as part of a wider review is challenging and difficult. We haven’t really done this before, so I don’t think we can assume it will just happen now.

Area Based Review

One of my many posts on Moodle was a re-entry at number eight Is the Scroll of Death Inevitable? This post was the ninth most popular post in 2013. One of the common themes that comes out when people discuss how to use Moodle, is the inevitable scroll of death. My response was that due to a lack of planning (even forward planning) that the end result more often than not would be a long scroll of death in a Moodle course.

Another new entry at number seven in 2015 was written and posted in December 2015 and was about time and why I don’t have a dog. I don’t have a dog #altc was a discussion piece was written for the ALT Winter Conference and looks at the over used excuse for not doing something, which is not having the time to do it. The real reason though, more often then not, is that the person concerned does not see it as a priority.

On The Streets of Vilnius
CC BY 2.0 FaceMePLS https://flic.kr/p/a7RLz7
The sixth post was from the App of the Week series and was called VideoScribe HD – iPad App of the Week I talked about this app in July 2013 and was impressed with the power and versatility of the app for creating animated presentations. This has dropped four places, but one problem, is that the app isn’t available any more for the iPad.

The fifth post, dropping two places, of 2015 was another one from that series. Comic Life – iPad App of the Week. Though I have been using Comic Life on the Mac for a few years now I realised I hadn’t written much about the iPad app that I had bought back when the iPad was released. It’s a great app for creating comics and works really well with the touch interface and iPad camera.

Climbing one place, the fourth most popular post was from my other series on 100 ways to use a VLE. This one was #89 Embedding a Comic Strip. This was a post from July 2011, that looked at the different comic tools out there on the web, which can be used to create comic strips that can then be embedded into the VLE. It included information on the many free online services such as Strip Creator and Toonlet out there. It is quite a long post and goes into some detail about the tools you can use and how comics can be used within the VLE.

Climbing four places, at number three was a copyright post entitled, Can I legally download a movie trailer? One of the many copyright articles that I posted some years back, this one was in 2008, I am a little behind in much of what is happening within copyright and education, one of things I do need to update myself on, as things have changed.

The second most popular post in 2015 was Frame Magic – iPhone App of the Week. This has risen two places and even I am not sure why this one is so popular!

Once again, for the third year running, the number one post for 2015 was the The iPad Pedagogy Wheel. I re-posted the iPad Pedagogy Wheel as I was getting asked a fair bit, “how can I use this nice shiny iPad that you have given me to support teaching and learning?”.

It’s a really simple nice graphic that explores the different apps available and where they fit within Bloom’s Taxonomy. What I like about it is that you can start where you like, if you have an iPad app you like you can see how it fits into the pedagogy. Or you can work out which iPads apps fit into a pedagogical problem.

So there we have it, the top ten posts of 2015, of which two were from 2015!

Here’s to 2016.

Can a joke be copyrighted?

Interesting article on the BBC News website on copyright and jokes. No not jokes about copyright, but more if you repeat a joke are you infringing copyright.

Matthew Harris of intellectual property specialists Waterfront Solicitors say that, in theory, a joke can be copyrighted – but with shorter, snappier gags which rely on abstract ideas rather than specific plots, any infringement would be difficult to prove in an English court.

“The joke would have to be more than just a few words long,” he says.

“As long as it’s not word-for-word identical, there would have to be a relatively detailed plot [for it to breach copyright]. And if that plot were so abstract as to fall within the general field of comedic tools, that’s fairly debatable.

“I think a one-liner would fall on the cusp of what’s covered by the law.”

Read more.

So here is a question if you repeat a joke you heard on TV, radio or on Twitter, in the classroom are you in breach of copyright?

No.

From the Copyright Act:

The performance of a literary, dramatic or musical work before an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment

(a) by a teacher or pupil in the course of the activities of the establishment, or

(b) at the establishment by any person for the purposes of instruction,

is not a public performance for the purposes of infringement of copyright.

However this is only the case if the joke is for the purpose of instruction and not say entertainment.

Have you stopped beating your wife?

Have you stopped beating your wife?

Just answer the question, yes or no?

No sorry, just answer the question…. yes or no….

Think about, it, what is implied if you say yes or no.

This is a classic loaded question in which you can not just answer yes or no, without implying that you either beat your wife now or have done in the past.

The problem with some questions, is that there is no yes or no answer, even if at first look there only seems to be a yes or no answer.

The question needs to be rephrased in order to elicit a valid yes or no response. Or you ensure that it is an open question.

The same happens with lots of questions about copyright, as a result the answer is not a simple yes or no, but often a maybe, or depends…

The main reason for this is that questions on copyright too often focus on the act of copying or an activity related to copyrighted content.

This will generally be a loaded question about a specific activity which can not be applied to all and any content, as it is the content that defines what you can do with it, not the activity.

The questions needs to be clarified with the content that you are working with.

For example.

Is using an image found via a Google Image Search in a handout illegal?

You can’t answer that question with a simple yes, or no. So often the answer has to be; that using an image from Google Image Search “may infringe copyright”. The reason is simple some of the images from a search are copyrighted and can not be used in handouts, some images will be licensed under a creative commons licence, some rights holders of images will be happy with you using your image for non-commerical educational reasons, some images will be in the public domain.

The problem with the question “Is using an image found via a Google Image Search in a handout illegal?” is that it implies that either all images are okay to use, or all images by their use would infringe copyright.

You would have to re-phrase the question:

Is using THIS SPECIFIC image found via a Google Image Search in a handout illegal?

Now you can give a yes or no answer. You can’t answer definitely about the activity without the context of the content. It is much easier to define what you can and what you can not do when it comes to content; almost impossible when trying to define what you can by activity.

However this doesn’t really help the practitioner who wants a simple yes or no answer to their original question.

As I said in my last post on copyright,

Those of us who support learners need to provide solutions, not barriers to teachers.

So rather than spend time answering questions about what you can and can not do, or which images you can and can not use, you provide teachers with collections of images that can be used, so the question need never to be asked or answered.

For example there are thousands of images on the web that can be used for teaching and learning, many using Creative Commons licences.

Use Google Image Search and find images you can use.

Creative Commons licensed images from Flickr

Images (and other media) from Wikimedia Commons

Public Domain images from the US Government

Or get your institution to sign up to a licensed image collection such as JISC Collections Education Image Gallery.

Teachers also need to be more creative and willing to compromise over which specific images they want to use. Yes we know that particular picture from  Getty Images is what you want, but why not use a different one instead.

Also remember that under the UK Copyright Act you can show an image in the classroom without needing a licence, so even if there is a specific image you need to use, show the image rather than make copies of it. Link to the page with the image on, rather than put it on the VLE.

The answer as I have mentioned many times before on this blog and during workshops and presentations, is not about putting up obstacles, it is about informing teachers providing them with solutions and removing barriers.

As for the image above, well it was found via searching Flickr for Creative Commons licensed images using the term “judge uk” and as part of the Creative Commons licence I need to attribute the image on this blog via a link back to the photo page on Flickr. I license all my photographs on Flickr under a similar licence.

Want to join the conversation?

I am in the process of planning two symposia submissions for ALT-C 2010.

If you were aware of the VLE is Dead Symposium from ALT-C 2009 then you will know that these can be not only great fun, but interesting, useful and informative.

So what are the two?

Are you stealing stuff?

So there you are creating a presentation, learning resources, handouts, learning objects, handouts…

Now in those is there any stuff, such as text, images, audio, video that you didn’t create, have “taken” from somewhere else (such as a website).

Did you think it was okay, as it was “for education” and it’s not as though you took it, you merely made a digital copy.

In this digital age it is much easier to create interactive, colourful, exciting learning resources. It is also just as easy to infringe copyright.

Should we as learning technologists be turning a blind eye to this, to increase the usage of learning technologies, should we be the guardians of digital content, should we be ensuring that infractions don’t happen?

This debate will look at the issue of copyright in a digital age and the role of users of learning technologies and learning technologists.

Best thing since the printing press!

Alternative title: Do you like books or do you like reading?

e-Books and e-Book Readers are going to be big! Apple have announced the iPad, Amazon have their Kindle, many other manufacturers are offering a wealth of e-Book Readers. Likewise publishers are now offering many more titles in the e-book format.

We know that some people like physical books, well if you like reading and e-Book Readers offer the reader a lot more than a traditional book.

With an e-Book Reader you can carry more than one book, you can carry a lot more than one book. You can carry documents too. The screen is reasonably large enough too so that it is easy to read. The battery life is pretty good too, much better than many laptops or a phones. With devices such as the iPad you can view video or play audio.

e-Books are not about replacing books, in the same way that online news sites don’t totally replace physical newspapers, or YouTube replaces TV.

Likewise e-Book Readers don’t replace computers; what both e-Books and e-Book Readers do is allow reading to happen at a time and place to suit the reader.

However is this all just hype? A marketing dream that will never bear fruit and e-Book Readers and iPads will be placed in dusty cupboards.

Will e-Book DRM make it impossible or difficult for educators to use e-Books effectively?

This debate will discuss the emergence of the e-Book as a new format to enhance and enrich learning. Is it the best thing to happen to reading since the printing press, or is it just a big hyped bubble that will burst?

———-

If you are interested in being part of this then please let me know either by e-mail or adding a comment below.

I would suggest if you haven’t done so already, watch the VLE is Dead debate , as this will give you an idea of the format; likewise read this blog post on how I feel about conference symposia and how the symposium will be run.

I am looking for people to have different views to my own. I am also looking for a chair for each discussion

Deadline for submission to ALT is the 15th February, therefore I need to know as soon as possible.

Photo source.

Are you stealing stuff?

So there you are creating a presentation, learning resources, handouts, learning objects, handouts…

Now in those is there any stuff, such as text, images, audio, video that you didn’t create, have “taken” from somewhere else (such as a website).

Did you think it was okay, as it was “for education” and it’s not as though you took it, you merely made a digital copy.

Now I am not of the ilk that making copies or using other people’s digital content is stealing, however I do believe we should respect the wishes of content creators.

Personally I think we as teachers and educators should be setting examples to our learners. We should be seen as role models, that learners can look up to and respect.

As soon as we decide that there are laws we shouldn’t adhere to, what are we saying to learners; that some laws are okay to be broken. Then the question has to be asked, which laws should we obey and which should we ignore. The problem with that approach is that not everyone thinks the same.

Also learners may think that “as my teacher has downloaded video from the web, it must be okay for me to download video”. Even if you feel file sharing is no big deal, how do you think the parents of a learner getting a fine, an injunction, or their internet cut off; because they were “caught” downloading illegal copies of films and TV shows.

Part of the issue is that a lot of teachers are ignorant of the law or the terms of use of various websites. They are unaware of what is allowed and what isn’t.

A prime example is YouTube. In many schools YouTube is blocked for a variety of reasons, however many teachers wish to use videos from YouTube. So they use a YouTube video download service to download the YouTube video as an FLV or an MP4 file. This file can then be played in school. From reading on Twitter most people and teachers think this is fine, as it’s “not really copying” or “it’s for education” or “if tools are available on trh web then it must be okay!”

The thing is that this process of downloading YouTube videos is a breach of YouTube terms of use.

You agree not to access User Videos (as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by YouTube via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

The Terms of Use are quite clear, you can only stream the video and you can’t download the video.

Many content providers put content on YouTube and only want you to stream the content, if they wanted you to be able to download it they would let you download it. Michael Wesch for example does allow you to download his videos, see the “more info” on his video page.

What could happen if everyone downloads videos from YouTube is that content providers would no longer use it and would use their own system or no system at all. Just because you have the tools, and technically you can, doesn’t mean you can and should.

Another reason, your college or school management have placed the block on YouTube, by downloading the video and showing it in class, you are circumventing the block and therfore you could be in breach of your institutional AUP and internet policy, which could be a case of misconduct or breach of contract.

It should also be noted that not all videos uploaded to YouTube are legitimate and showing the video could result in legal action.

All this for just one “innocent” activity, no wonder people get confused.

But as well as not knowing what isn’t allowed, many teachers also aren’t aware of what is allowed.

For example can you show a pre-recorded DVD in the classroom? In other words a DVD which has been rented from a video store, or a DVD purchased from a retail store? Most DVDs have a disclaimer at the beginning (or the end) which explicitly says that the video can not be shown in schools, colleges, prisons, hospitals, etc….

Under the Copyright Act, you can show a DVD in a classroom for the purposes of instruction without needing an additional licence.
If it is for entertainment purposes then you do need a public performance licence.

Part of the misunderstanding arises as generally when you play a DVD you get this huge legal message indicating that your DVD is for personal use only and can not be played on oil rigs, in prisons, schools and colleges.

Part of the misunderstanding arises as generally when you play a DVD you get this huge legal message indicating that your DVD is for personal use only and can not be played on oil rigs, in prisons, schools and colleges.

That is partly true for the purposes of entertainment and you would need to purchase a licence to show a DVD for that purpose.
However for informational and instruction (ie for educational reasons) it is possible to show that DVD in a classroom.

Teachers and lecturers have a statuory right (it is enshrined in law, the Copyright Act to be precise).

From the Government Intellectual Property Office.

“Performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes.  However, only teachers, pupils and others directly connected with the activities (does not generally include parents) of the establishment are in the audience.  Examples of this are showing a video for English or drama lessons and the teaching of music.  It is unlikely to include the playing of a video during a wet playtime purely to amuse the children.”

From Filmbank.

“A copyright licence is required to screen films in educational institutions under the Copyright, Designs and Patents Act 1988 (UK), if the film is being screened for entertainment purposes rather than for the purposes of instruction or as part of the lesson.”

So could you rip that DVD and put it on a laptop or on the VLE?

Ah no.

Ripping a DVD would be in breach of the EU Copyright Directive which “prohibits circumvention of copy protection measures“. So ripping the DVD is a criminal offence.

Confusing.

Of course.

This blog entry was inspired by a blog post by Simon Finch. He writes about society and using stuff, he makes an interesting observation towards the end of his post:

Web 2.0, and the rest, is making us a world of creators and publishers. We’re uploading pictures, music, videos, Flash activities, personal writing, presentations, teaching resources and more – and so are our learners. That image that you’ve found, is just the thing to add value and impact to the learning activity for that needy class of yours. But that image doesn’t belong to an international image company – no, it belongs to someone like you..

Now we are not just using stuff from faceless organisations we are also using stuff from people like us, people we know.

So how do we change things?

Most people I know think that 33mph in a 30mph zone is okay, a few people think 40mph is okay, a smaller number think that 50mph is not over the top…. the reality is that less than 30mph is best. Not because I think so, but because society thinks so.

If you don’t like a law then we need to change that law. The problem with copyright law is that the money to change that law is coming from publishers and not from the consumers – but having said that, that is often the case, the consumer suffers, whilst “big business” profits.

I also agree with Simon when he says:

Yet the real point is this; we must teach our learners to value IPR. It is simply wrong to take without asking. It is wrong to pass what’s not yours, as your own. We need to instill respect for one and other – that is our priority.

I don’t even think it’s all about money – it’s about acknowledging people’s value.

At the end of the day, my solution is to stop using “borrowed” third party content and start using content that I am allowed to use. As a teacher in the 1990s I did right click, now I use Flickr for creative commons licensed images.

The thing is that there are now lots of legal solutions to many of the copyright problems that teachers face, we can provide learners with content which is legal. Those of us who support learners need to provide solutions, not barriers to teachers. Teachers also need to be more creative and willing to compromise. Finally rights holders need to also be more creative in allowing people to use their content in creative and educational ways and allowing it to be used legally.

Update: as mentioned in the comments below, just saying “I use Flickr” was insufficient. I use creative commons licensed images from Flickr and properly attribute the photographer as required according to the licence. I made the wrong assumption that people would assume that I was talking about CC images from Flickr and not all images from Flickr.