Chris Morrison, Copyright, Licensing and Policy Manager at the University of Kent, presents the challenges for higher education associated with copyright at a time of pandemic. He discusses management of third party copyright, ownership of copyright content created in HE and proposes that community building is the key activity to creating a better learning and research environment.

1. The UK’s European university
COVID-19 and
Copyright: Challenges for
Higher Education
CITE Forum, 18 November 2020
Chris Morrison: Copyright, Licensing &
Policy Manager, Information Services

2. Chris Morrison

3. copyrightliteracy.org

4. Copyright at a Time of Crisis
https://copyrightliteracy.org/upcoming-events/webinars-copyright-and-online-learning/

5. WONKHE BLOG POST
https://wonkhe.com/blogs/will-the-pandemic-force-universities-to-address-the-challenges-of-copyright-2/?

6. Copyright in Higher Education
The stuff
we use
that other
people
made
The stuff
we create
at our
universities

7. Copyright in Higher Education
The stuff
we use
that other
people
made
The stuff
we create
at our
universities
Paying for
and managing
licences
Manage the
risk of not
using a licence
Determining
who owns it
Agreeing
conditions
of use

8. Copyright in Higher Education
The stuff we use that
other people made
The stuff
we create
at our
universities
Teaching and Learning
Research

9. Copyright in Higher Education
The stuff we use that
other people made
The stuff
we create
at our
universities
Teaching and Learning
Research
Open
Access
Open
Education
Risk
Copyright
Exceptions
Financial uncertainty
Public good vs
private interests
Internationalisation
Licence
negotiation

10. Illustration for Instruction
https://kar.kent.ac.uk/73310/

11. Interview findings
Interpretation – how interviewees interpret the provisions
of the legislation.
Practice – the activities, organisational
structure and culture of the institutions.
Responsibility – risk,
liability and decision
making.
 Spirit and scope
o Location of activities
o Registration/assessment vs outreach
o Teaching vs background reading
o The law’s accommodation of technology
 Sole purpose
 Non-commercial purpose
 Examination use
 Student work
o Performances
o Portfolios
o Dissertations & coursework
 Type of work used
 Acknowledgement
 Fair dealing factors
o Quantity
o Substitution of sales
o Contractual provisions
o Other factors
 Making available at a time and place chosen by the
student
 Online communication to the public
 Relationship with other exceptions
 Relationship with international / foreign copyright laws
 Interpretation as a ‘feeling’
 Interpretation as a ‘negotiation’
 Confidence
 Rules versus standards
 Organisational structure / location of
expertise.
 Professional identity of the copyright
specialist
 Institution’s approach to pedagogy and
technology
 Communities with different views:
o Academics
o Copyright specialists
o Library staff
o Learning technologists
o Enterprise, Innovation and
Commercialisation of IP units
o Leadership teams
o Lawyers and corporate governance
o Rights holders
 Relationships between and within
communities
 Developing positions on managing copyright
o Formal/Informal
o Institution/sector wide
 Use of external sources of authority
 Communication of copyright advice
 Visibility of permitted/restricted acts
 Compliance services
 Compliance practices
 Change in behaviour since Hargreaves.
 Emerging practices
 Assessment of risk
 Appetite for risk
 Guidance vs
enforcement
 Decision-making
 Individual versus
collective
 Consequences
 Liability

12. Findings - Practice
Organisation /
expertise
Library
Professional
Service
Departments
Identity of
specialist
Culture
Technology
Tradition
Academic
freedom
Developing
positions
Policies
Guidance
Community
Communication
Awareness
Visibility
Compliance
vs guidance

13. Telling stories about the pandemic
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3691294

14. Telling stories about the pandemic
John William Waterhouse: A Tale from the Decameron
https://commons.wikimedia.org/wiki/File:Waterhouse_decameron.jpg

15. Culture Change
https://www.cos.io/blog/strategy-for-culture-change

16. Culture Change
https://www.cos.io/blog/strategy-for-culture-change
With thanks to Hardy Schwamm, NUIG Library at CONUL Online Seminar
http://www.conul.ie/online-seminar-2020-presentations/

17. Copyright and fair practice in Education
Collaboration between Learning on Screen,
University of Kent, City University of London, and
CREATe University of Glasgow

18. Copyright Literacy Strategy
https://blogs.kent.ac.uk/copyrightliteracykent/launch-
of-the-university-of-kent-copyright-literacy-strategy/

19. Copyright Literacy Strategy Activities
Develop a network of staff whose roles involve advising on
aspects of copyright law to identify opportunities for
education, training and communication. This recognises
that copyright often has to be addressed in context and
alongside other issues.

20. Academic Ebook Investigation
https://www.bbc.co.uk/news/business
-54922764
https://docs.google.com/document/d/13ESqjA29YX08tbQOC_c3l
bcNNDF2D4PZBAOLyosDLI0/edit

21. Strength in Numbers
Penguin Parade by Wildvik https://commons.wikimedia.org/wiki/File:Penguin_Parade.jpg

22. What next?
https://copyrightliteracy.org/2020/08/18/an-alt-special-interest-
group-call-for-founding-members/

23. Further Reading
• Craig, C. and Tarantino, B. (2020) “An Hundred Stories in Ten Days”: COVID-19 Lessons
for Culture, Learning and Copyright Law
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3691294
• Hudson, E., Wragg, P. (2020) Proposals for Copyright Law and Education During the
COVID-19 Pandemic https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3617720
• Morrison, C. (2018) Illustration for Instruction and the UK Higher Education Sector:
Perceptions of risk and sources of authority. Masters dissertation, King’s College London.
https://kar.kent.ac.uk/73310/
• Morrison, C and Secker J. (2015) Copyright Literacy in the UK: a survey of librarians and
other cultural heritage sector professionals. Library and Information Research. 39 (121)
http://www.lirgjournal.org.uk/lir/ojs/index.php/lir/article/view/675
• Pascault, L., Jütte, B.J., Noto La Diega, G., Priora, G. Copyright and Remote Teaching in
the Time of Coronavirus: A Study of Contractual Terms and Conditions of Selected Online
Services https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3652183&download=yes
• Schwamm, H. (2020) Learn, Share, Discus – the Open Scholarship Community Galway
https://zenodo.org/record/4242851#.X6qBSmj7TIU
• Secker, J and Morrison, C. (2016) Copyright and E-learning: a guide for practitioners. Facet
publishing: London.

24. Credits
Presentation © University of Kent licensed CC-BY with the exception of:
• Slide 1 & 2, photos of Chris Morrison by Matt Wilson, © University of Kent
• Slide 2, logos © of respective organisations used under fair dealing exceptions
• Slide 5, WONKHE
• Slide 14, John William Waterhouse: A Tale from the Decameron
https://commons.wikimedia.org/wiki/File:Waterhouse_decameron.jpg
• Slide 20, BBC and Anthony Sinnot
• Slide 21, Penguin Parade by Wildvik
https://commons.wikimedia.org/wiki/File:Penguin_Parade.jpg