Transcript Dr Anna Daniel - Griffith University

You only live once, think twice!
Risk Seminar Presentation 19Mar14
Anna Daniel, Info Policy Officer
Image: Rooners Toy Photography CC BY-NC-ND
Audio: Pryte Music James Bond Remix CC BY
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Scenarios
Looking at your handout:
what is the most urgent priority in regards
to responding to risks?
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Consequence
Change
Copyright Risk Environment
Technology
Digital
preference/
BYOD/ Data
Mining
Regulatory /
Economic
1968 Act; ALRC
Digital Copyright
Review - Fair Use
Very difficult to
Any change is min. 3
legally format shift years away;
the collection;
Statutory licenses
Some still
increasingly
©prefer paper.
irrelevant as 60% of
Infringement
our collection is
penalties are
digital; 10% rule
much higher for increasingly
digitisation.
inadequate; Who is
liable? Uni or
Person?
Events
Consumers, Society,
Students
New Entrants
Flexible learning; Online MOOCs, Online courses
learning; Access
anywhere anytime;
Emerging research
methods & tools
Remixing, mashups;
data mining; Social
media use; all lectures
are filmed and
'broadcast'
Cross Jurisdictional
students and the internet
is global - our Act covers
Australian jurisdictional
use only (+ some
international treaties)
Suppliers
Publishers increasingly
difficult; Open Access
Competitors
New courses in
emerging industries
(big data etc.),
Ranking of web
repositories
Content bundling;
Griffith ranks 574th in
Restrictive licensing; We webometrics
cannot charge online
repository ranking
HECS paying students for
required resources yet
some Publishers bypass
library and sell direct; We
have no digital ‘ereserve’
unlike the physical library;
National Uni procurement
Response
Basically we have few digital rights
Griffith response
Digital preferred Positioning and Policy - Guidelines and Rapid
Increased focus on OER*;
resources;
National Uni Copyright response; Use of OER*. Rely upon our own
permission
officers to prepare fair Griffith can identify who Intellectual Property
seeking and
use guidelines based does what on it’s
licenses
on examples - case law. networks
*OER are openly licenced educational resources
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Establish a permissions
register to store
permissions e.g. make
digital copies, text mining
databases etc.
One Repository
interface; Motivate
staff to enter their
Research and L&T
outputs into Griffith
repositories
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Most material on the internet is copyright protected
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Most material on the internet is copyright protected
You can only use copyrighted materials with permission or a
licence. 3 key license types are: Statutory, Commercial and Open.
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Risk impact is real
Copyright infringement: Penalties
can be much higher where the
infringement involves digitisation.
An individual who is found guilty of a
summary offence may be fined up to
$13,200 or imprisoned for up to 2
years or both.
A corporation may be fined up to
$66,000 for each infringement. This
adds up quickly.
Intangibles: Reputational and brand
damage
Image: Richard Browne CC BY-NC-ND
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Risk 1: Technological
change is volatile
… and regulation will
never keep up.
At the 1962 Worlds Fair
a "Bubbleator,” lifted
hundreds of visitors
each day to the World
of Tomorrow.
Image courtesy of Kathleen Leavitt CC BY-NC-ND
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Do they really mean
only VHS tapes?
Yes, subsequent
amendments refer to
copying VHS tapes,
they don’t permit
digital or DVD copies
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Risk 2: Regulatory change is years away
We are using digital resources now, but the legislation barely
references digital uses – apart from personal use. The Attorney
General has committed to simplifying the Act in this term of
government but general consensus is that it’s a minimum 3 years
away.
Fair use:
© Is Technology neutral
© Has less bureaucratic complex arbitrary processes and licences
© Overrides commercial contracts!
© Enables international collaboration with Academics in other fair use
jurisdictions
© Is aligned with reasonable expectations (fairness factors), greater
surety to users
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Risk 3: FUD*
*fear, uncertainty and doubt
Strategic intent of
Rightsholders is to delay
change until they’ve
positioned to profit from it.
Complexity creates
uncertainty, doubt and fear.
CCC/Rightslink in U.S.A.
image by Loan Sameli, CC BY-SA 2.0
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Risk 4: Consumer (not University) expectations are informal
Image: 7of666 CC BY-NC-SA
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Risk 5: Social media
© Social media = publishing and
broadcasting
© Social media use is encouraged, we want
our Scholars and Staff to become
famous.…
© …. in an environment of trust, fairness,
transparency and devolved responsibility
© Informal publishing is retained forever,
even if deleted, and owned by others.
© Moral Rights – attribute creators if you
use their work. Don’t use works in a
derogatory way that may negatively
impact on their character or reputation.
Image: New Media MK CC BY-NC-SA 2.0
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Scenarios
Looking at your handout:
what is the most urgent priority in regards
to responding to risks?
svy.mk/Nqfue8
[email protected]
1. Anything That’s Public
•
•
•
•
•
•
•
YouTube clips
Academia.edu
TheConversation.com
Facebook, Twitter, blogs etc
Publishing works with third party materials
Predatory Publishers (Jnl Academy S&E)
Griffith IP ‘out there’
Why?: Higher risk of being found (& litigated) ; can’t
argue fair dealing; reputational and brand damage – it
doesn’t end with delete; management of our IP
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2. Anything involving commercial licensed
works
Breaking of TPM/DRM
Use of s200AB
Statutory licences – don’t risk them
3. Government data
(in practice use of this data is cumbersome)
4. Royalties processing ($3,300)
Happens quarterly
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2 key words to remember:
Attribute and Permission
Questions?
Image: daemonsquire licensed CC BY-NC-SA
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Further advice: Copyright Guide
Open Access Guide
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+
Unless otherwise indicated this work by Anna Daniel is
© Griffith University and licensed CC BY-NC-SA 4.0
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