Introduction

This chapter is based on a paper given at the Society for Research in Higher Education Conference in December 2015, which formed part of a symposium on digital literacy (Bennett et al., 2015). Building on discussions at the symposium and the author's experience occupying several different professional identities (librarian, learning technologist, educational developer, teacher and researcher) this chapter reflects on how terminology around digital and information literacies can cause misunderstandings and divisions between those working in higher education. The focus of this chapter is on student learning in higher education, although it draws on the author's experiences of working with staff as well. This is partly in recognition that in order to support students effectively, it is important for academic and professional services staff to have a nuanced understanding of the terminology in the digital and information literacy fields. Staff also need an awareness of their own knowledge, skills and behaviour when using digital technologies and information in its broadest sense. The chapter provides some practical steps that can be taken to bridge the gaps or overlaps in student support within an institution, it discusses how to overcome the misunderstandings that might arise between professional services and academic staff, and finally suggests ways to build a more holistic approach to supporting student learning in higher education.

The term ‘digital literacy’ has gained relatively widespread recognition in a short space of time in UK higher education. The chapter will examine why, when there are many other learning literacies, digital literacy seems to have particular resonance and currency. I will also examine the problems that this might cause and why ‘digital’ is in many ways a distraction for teachers, who really need to focus on developing students’ and their own critical abilities to handle information in all its guises effectively. Digital literacy has gained widespread attention: however, this chapter will explore why it is a problematic and ill-defined term. It is also sometimes referred to – interchangeably – as digital capabilities, which is the term used by Jisc to describe the six capabilities that staff in post-16 education need for themselves and their learners (Jisc, 2017). It is also used by the Universities and Colleges Information Systems Association (UCISA), which has undertaken a Digital Capabilities Survey across higher education staff since 2014 (UCISA, 2017).

I was delighted to be asked to write the Foreword to this book, which bridges an important gap between the Information Literacy work researchers and practitioners do in higher education, with the support that is needed in the workplace. Better collaboration between information professionals in all sectors has long been aspired to, but it is only relatively recently that work is being done to join the dots between Information Literacy initiatives in schools, higher education and the workplace. Understanding how people's ‘information landscapes’ (Lloyd, 2010) shift as they transition to a new environment is hugely relevant and this book offers us new perspectives.

I was particularly pleased to be invited to write this Foreword, as I am indebted to Marc Forster for a number of reasons. Most recently he has been a valuable addition to the CILIP Information Literacy Group's committee. And it was through his doctoral work that I first properly engaged with the research methodology, phenomenography, a methodology that originated in the field of education but has been used increasingly in Information Literacy research (Yates, Partridge and Bruce, 2012) in recent years. A qualitative methodology, it is concerned with the variation in the way phenomena are ‘experienced’. Understanding of the variations in the way Information Literacy is experienced and so given ‘meaning’, often in terms of the personal or collaborative knowledge it develops, helps us see how Information Literacy contributes to work, study and other aspects of our daily lives. I was already familiar with the work of Christine S. Bruce and the seven faces of Information Literacy; however, through Marc's work I saw how looking at themes and variations of complexity within experiences of Information Literacy translated into the work that I did on a day-to-day basis. Interacting with another person's work is an enlightening, highly reflective and iterative process and one that can fundamentally change our understanding of a subject.

Introduction

This chapter focuses on what is sometimes called ‘born digital’ content. The term is used to refer to content that is both created and made available in digital format, such as web pages, word-processed documents, academic journals and e-books. It includes content available through subscription databases (behind a paywall) and content made freely available on the open web, but is in contrast with material that is digitized from print (analogue) format for either preservation or access reasons. This chapter will also discuss the copyright and IPR issues associated with institutionally owned digital resources, for example teaching materials that are created specifically for use in online learning, such as online tutorials, online quizzes and other ‘learning objects’, and digital content created by students as part of their course.

In reality a lot of content produced today such as music, images and video is born digital, but this chapter focuses largely on text-based content. While the law does not distinguish between material created in digital or analogue format, the use of born digital content is usually subject to licences that govern what those in educational establishments can do with the content. Those wishing to make the best use of the content for teaching purposes need to understand the relationship between licence agreements and copyright exceptions. In several countries around the world (including the UK) the law now states that copyright exceptions, such as copying for the purposes of non-commercial research and private study, cannot be overridden by licence agreements. The interaction between copyright exceptions and licences makes it more important that teachers understand what they are permitted to do with digital content as they come to use it for their teaching. It is often technically straightforward to incorporate the material into an online course, either through linking to it, or uploading it into the VLE. However, the ease with which people can copy or re-use digital content is not necessarily reflected by a corresponding awareness or comfort with the copyright or licence implications of doing so. The situation may be further complicated as some subscription resources use DRM technology to restrict how the content can be used. The case study in this chapter is from the copyright officer at the University of Auckland. It highlights the Course Reading List Service at the University of Auckland and how this helps to manage copyright compliance.

Introduction

The internet and associated web-based technologies have developed significantly over the last decade, with a seemingly constant stream of new tools to facilitate communication and interactivity. At the same time we have also seen the devices we use to connect to internet services become significantly more sophisticated and embedded in our daily lives. There has also been a shift towards cloud computing services where data processing and storage takes place on the network rather than on the local device. This has been made possible by the increased availability and a reduction in cost of high-speed broadband networks. Recent Ofcom statistics showed that broadband access in the home in the UK grew from 13% in 2003 to 87% in 2015 (Ofcom, 2015). Increased connectivity has changed the ways in which learning can be delivered to students, so anytime, anywhere learning is becoming a real possibility in much of the UK.

This chapter focuses on current internet technologies being used in education, and the associated copyright issues. The terminology used to describe these technologies can be problematic as any attempt to categorize developments in such a fast moving environment tends to sound out of date relatively quickly. The term ‘Web 2.0’, which started to be used after 2004, was intended to describe the development from a read-only web of static pages to one that was inherently interactive, but was immediately criticized by many (including Sir Tim Berners Lee, the inventor of the world wide web) for being too vague or potentially misleading (Naughton, 2012). Similarly, ‘mobile technology’ and ‘cloud computing’ were buzz words in 2009 when the first edition of this book was written, but in the intervening years the technologies have become so well established that they no longer seem that remarkable. However, despite the issues with shifting terminology it is clear that digitally connected tools such as blogs, wikis, apps, social media and social networking services share certain characteristics and have transformed the way that people access information, communicate and interact with the wider world. The focus here is not on these technologies per se, but on any specific copyright questions that arise from their use in an educational context. Suggested further resources are included at the end of the book; for example, Cornish (2015, 176–9) examines some of the copyright issues associated with social media services.

Introduction

This chapter is concerned with the copyright issues associated with digitizing or scanning text-based works held in paper form for use in online learning. This includes both published material such as books and academic journals (what the CDPA defines as literary works), the images and illustrations that they contain, and potentially unpublished content such as personal correspondence and manuscripts. This chapter only considers images embedded in literary works, and standalone images are discussed in Chapter 3. Digitizing traditional paper resources for online delivery allows distance learners to access the content easily, from the convenience of their chosen digital device. There has also been a growing demand from campus-based students to have access to core readings in electronic format. Library statistics from groups such as SCONUL (Society of College, National and University Libraries) demonstrate that while campus-based students visit academic libraries just as frequently as they traditionally have, they are increasingly accessing readings in digital format (SCONUL, 2015). Library visits are often driven by the growing use of the space for learning and group work. However, significant numbers of students in the UK study part-time, with over 600,000 students in 2013– 14 registered as part-time according to the Higher Education Statistics Agency (HESA, 2015) and far more working while they study and requiring flexible access to learning resources. The trend for electronic access is also related to the different expectations of young people about how they access information, as discussed in Chapter 1. Libraries are responding to increased demands for digital readings and find it relatively easy to produce digital readings in-house, with scanners and multifunctional devices now being inexpensive to purchase. Some libraries are also motivated by a desire to reduce the physical size of the library collection. While many institutions have addressed this by adopting ‘e-first’ policies (if an electronic version is available they will purchase this rather than the print version) when purchasing new content, there is still a place in many libraries for digitization. This is largely an interim reaction to the fact that many publishers have still not digitized their back catalogues.

In the UK, the provision of core readings in scanned format has escalated in the past ten years, largely facilitated by the inclusion of scanning rights in the CLA blanket licences.

In a recent conference workshop I asked staff working in higher education to choose from a list of adjectives that might describe copyright and new technologies such as social media, and to consider any words that might apply to both. The exercise revealed that a perception remains that many of those in education regard copyright laws as restrictive, slow to evolve and somewhat out of step with the digital age, while technology is seen as exciting, constantly evolving, and responsive to the user. This perception was one that I had been keen to counteract when first writing this book in 2009. However, the exercise also highlighted that the intersection between copyright laws and new technologies remains an area of considerable interest, but one of much concern to people. During the workshop the group discussed how the two concepts had more in common than it might appear, yet the grey areas, the areas particularly where the law is open to interpretation, worry people. What emerged from the workshop for me was the need to challenge the notion that technology and copyright exist outside the control of society. We need to remind educators that copyright laws and new technologies are intended to serve society, not just to provide financial rewards to the creative industries but also to allow new research and education to flourish. We also need to be mindful that technology is not neutral but a construct of the society we live in and shaped by all sorts of factors, including commercial interests. The quote (often incorrectly attributed to the Canadian philosopher of communication theory, Marshall McLuhan)1 that ‘we shape our tools and then they shape us’ illustrates how both technologies and copyright laws are determined by societal norms. Therefore, if there is a belief amongst educators that either of these are working against society and hindering the free flow of information in the education system, then this needs to be addressed. There are already far too many misunderstandings about copyright, and while it is overly simplistic to view it as a simple set of rules, this book attempts to distil good practice based on practical experiences and equip practitioners with a framework to tackle queries that arise in their day to day work.

Introduction

There is a growing demand for non-text-based digital media content, such as images, video and sound recordings, to provide engaging materials for use in both traditional and online learning. However, copyright questions become increasingly complex when education professionals wish to digitize existing analogue content, as it is usually necessary to obtain permission from several rights holders. Meanwhile, producing digital media content in-house is now technically straightforward but can raise a host of copyright and IPR issues. In both cases delivering this type of content using a VLE highlights, but also exacerbates, the copyright issues. This chapter explores the copyright issues associated with the digitization of non-text-based digital media content, starting with using images in education. It goes on to explore using recordings of broadcast material. In the UK, the ERA licence permits broadcasts to be recorded off-air and digitized for educational use. Although a number of restrictions apply, the ERA licence allows subscribing institutions to deliver free-to-air broadcast content via secure digital networks within the UK. This chapter will also consider digitization of commercially available non-text-based material (including recordings that can be purchased specifically for educational use). Often in these situations permission is required from the rights holder and therefore the procedures for identifying the owner and for securing copyright permission are outlined.

Many educational institutions are now producing digital media content in-house and there are many copyright issues that need to be considered. For example, semi-automated lecture capture systems are now available in many universities in the USA, the UK and other countries (UCISA, 2014). These offer institutions the ability to record and deliver lecture material asynchronously (e.g. after the event for revision purposes) via a computer network. However, copyright issues become a much bigger area of concern when classroom teaching is recorded and made available online. Aside from the need to get permission to include third-party content, the ownership of the resulting video also raises wider IPR concerns in institutions. In some institutions teaching staff have raised concerns over their lectures being recorded and have cited IPR issues (such as their rights as a performer and responsibility for clearing third-party rights) as reasons for objecting. This chapter explores some of these topics, and gives advice for dealing with third-party content and guidance for resolving the ownership of the resulting material.

This book has considered a wide range of copyright issues associated with online learning. It has sought to provide practical advice for those working in education and to give readers a working knowledge of copyright law as it applies in this field. Copyright and e-learning is a compelling and complex subject. Copyright exceptions provide special privileges for research and education, yet despite the best efforts of governments around the world, people still struggle to interpret how the law applies to new technologies. The problems arise from the inherent nature of digital technology and the ease with which it allows information and knowledge to be shared. The very reasons why educators want to teach online – to open up education, to break down geographical and physical barriers to learning – are some of the reasons why those in the cultural industries fear technology. Sharing information in a digital format allows it to be freely distributed and not easily controlled, and therefore attempts are made by commercial publishers and other media organizations to lock information through digital rights management technologies.

There have been many developments in the six years since this book was first published. The law has been updated around the world, most notably in the UK, and there has been a major shift in scholarly com - munications with a continuing growth in the uptake of open access publishing models. We have also seen the embedding of cloud-based and ‘always connected’ technologies, along with the widespread use of social media, changing the way people communicate and share information. We have seen a proliferation of digital devices, the introduction of wearable technologies and the generation of data on a massive scale. In the education field we have seen increased globalization, increasing commoditization of education as a product and ‘experience’, the rise of MOOCs, and in many countries a decline in public sector funding of higher education.

Clearly copyright and e-learning is still an area of considerable interest and concern, and many people are uncertain about what they or their institutions should be doing. Arguably many of the fears and anxieties about copyright stem from people approaching it as a rigid and unhelpful framework that they try to apply as an afterthought. There is much that could be gained if copyright were reframed in the wider context of the practical and philosophical considerations that come into play in any educational establishment.

Introduction

As the digital learning environment develops it is becoming increasingly important to offer copyright education and training for teachers, lecturers, librarians, learning technologists, administrative staff, students and researchers. Acquiring and demonstrating the appropriate knowledge, skills and behaviours to enable the ethical creation and use of copyright material has been referred to as ‘copyright literacy’ (Morrison and Secker, 2015). An IPO and NUS study (NUS, 2012) found that students in all disciplines, not just creative subjects, wanted to know more about copyright, and a discussion paper by the UK Government's intellectual property adviser (Weatherley, 2014) recommended that copyright education should be embedded in the school curriculum within a range of subject areas. In some universities an understanding of copyright is being taught to students as part of digital literacy or entrepreneurship programmes, so students understand how to respect others’ intellectual property and protect their own. It can be far easier to infringe copyright in the online environment than in the classroom because digital technology facilitates the copying and sharing of learning materials, and learning activities that previously took place face to face are far more visible and open to scrutiny in a digital space. For example, in the UK higher education sector, the CLA periodically audits institutions by checking their VLE. In Chapter 4 this book discussed the relative ease with which lecturers and students can distribute many born digital files without realizing the legal implications that follow. This chapter describes how copyright literacy can be embedded into existing teaching and training programmes and regarded as part of improving teaching quality and developing open practices for the sharing of teaching materials.

A range of external bodies provide copyright education services for staff in educational establishments. Professional bodies for librarians such as the Chartered Institute of Library and Information Professionals (CILIP) and Aslib offer copyright training courses and have done so for many years, and several independent consultants also work in this area. Other organizations offer copyright training that focuses on particular types of resources; for example, Jisc Digital Media, the BUFVC and the Open University offer copyright courses for those producing multimedia content. There are also a range of training opportunities available for those in the cultural heritage sector, for example from bodies such as the Archives and Records Association and the Collections Trust.

Introduction

This chapter considers copyright in the digital environment, and its relationship to recent developments in education. It provides an overview of the major differences between copyright laws in several Englishspeaking countries in the world and how they apply to online learning. The focus of this book is on the UK, but it briefly discusses copyright laws in the USA, Australia, Canada and New Zealand. While the book does not replace any legal advice that those developing online learning might need to obtain, it considers how copying can be undertaken for educational purposes. This chapter focuses on various exceptions to copyright law (activities such as copying that can be done without the rights holder's permission) and the impact of copyright issues on face-to-face teaching. The chapter also defines e-learning (or online learning) for the purposes of this book. This definition includes the use of the internet, intranets and secure computer networks such as VLEs, course management systems and other online learning environments. This chapter considers the different effects copyright law has on teaching in the digital environment when compared with the classroom. It also explores new developments in scholarly publishing, including the open access movement and opensource software, along with the development of open licensing schemes such as Creative Commons. This chapter includes the first case study in the book, from Brunel University, where the institution appointed a copyright officer in response to the copyright challenges they were facing.

Recognizing the copyright dilemma

Much of what teachers wish to do in an online learning environment is similar to what they have traditionally done in the classroom. They give students learning activities such as reading, critiquing a work of art or consulting a manuscript source. Students may work individually or in groups. However, online technologies provide huge opportunities to broaden the reach of education by allowing students to participate in learning regardless of their geographic location. Digital technology also allows students to work together asynchronously at a time and place convenient to each learner. Used effectively, e-learning is far more than simply the use of an online document repository, it can be an engaging, online, interactive learning environment. Many of the copyright challenges to e-learning relate to the creation of an online library of resources.

Material on the subjects of copyright and e-learning is essential reading for those working in education today. Whether you are a staff development officer, a teacher or an administrator, digital technology and the internet will have impacted on the way in which you work. This impact has been felt in both formal and informal learning in school classrooms and staff development units, in almost all educational establishments in the last 15 years. Information and communication technologies (ICTs) have offered teachers new ways of finding, creating and distributing content to learners, extending the physical classroom to include some form of digital space in which teachers can place resources. Educational technologies provide students with new ways of completing assignments, new types of assignments and new ways of interacting with their teachers and peers; learners who study at a distance from their institution can discuss ideas using online forums or can work together on projects using a collaborative writing tool such as a wiki. The development of ICTs has provided students with access to learning and resources at a time and place convenient to them. Those working in student and staff support, in libraries, IT, training and educational development have perhaps seen the greatest changes, with the creation of new roles and responsibilities specializing in educational technologies. Increasingly both learners and teachers are working in what is described as a new learning environment, a description that makes reference to the digital or virtual space.

The classroom of the 21st century often has integrated technology such as smartboards, wireless networks, recording and lecture capture tools. Our learners increasingly use technology in the classroom, bringing with them laptops, smartphones and tablets with in-built cameras and recording devices, leading them to have different expectations, skills and experience from students of the past. Thus, as the teaching and learning environment changes, so too does the way we teach. However, in this new and exhilarating world of online teaching and learning, copyright is often an issue that is overlooked, or perhaps considered as an afterthought. Whereas online learning is seen as fun and exciting, copyright is perceived as being boring and restrictive; it can be perceived as a barrier that stops teachers putting into practice their teaching innovations. For those charged with offering copyright advice, it can sometimes seem as though they are the person inhibiting exciting new developments.