JISC IPR Newsletter 35

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					                                     JISC IPR Newsletter 35

                                   November/December 2008

Welcome to the 35th edition of the IPR Newsletter for JISC staff, JISC stakeholders and for re-purposing
and dissemination via the Strategic Content Alliance, OSS Watch and JISC Legal. This monthly
Newsletter has been compiled by Naomi Korn and Professor Charles Oppenheim as part our IPR
consultancy for JISC. This month we continue to focus on developments in Intellectual Property Rights
subsequent to the UK’s Intellectual Property Office publications of the proposed copyright exceptions
consultation, which is of specific relevance to JISC and HE/FE, as well as focussing on some project-
related developments.

This newsletter is produced by the JISC IPR Consultancy, which has been extended until end of
December 2009 providing advice and support to the JISC Executive on intellectual property rights in
programme management within FE and HE. It should not be constituted as legal advice or the official
views of JISC. For more information about how the newsletter is compiled, please see:

Please send comments or input on issues related to IPR and your work to Naomi@naomikorn.com JISC
staff and stakeholders are encouraged to forward the newsletter to interested parties

This Newsletter has been compiled using a variety of sources, including the following websites and
mailing sites:

          INDICARE Monitor www.indicare.org
          DRM Watch www.drmwatch.com
          IPR HelpDesk http://www.ipr-helpdesk.org/index.htm
          Mondaq www.mondaq.com
          Copyright Circle News (by Graham Cornish)

I. Progress on the work of JISC IPR Consultants

Over the last month we have been involved in the following work:

      Worked on a response from JISC to the EC’s Green Paper on Copyright in the Knowledge
       Economy and collated views from across the sector
      Continued working on JISC’s IPR Policy
      Provided commentary on Professor Paul Wellings Report on the management and contribution of
       IP within Higher Education to UK research
      Provided support to individual JISC Programme Managers in their meetings with key
       stakeholders regarding IP
      Responded to individual queries from JISC Programme Managers

II. Important items that require attention

UK and European Copyright Related Developments

a. Gowers Review of IP Update
We are still awaiting the draft statutory instrument outlining the Government’s proposals for
implementing some of the recommendations outlined with the Gowers Review of IP – on this front there
has been very little to report since the last IPR Newsletter. David Lammy, the New Minister for IP, will be

hosting a breakfast meeting on 16th December at which it is widely believed that further announcements
will be made. The IPR Consultants will report back accordingly.

b. EC Green Paper on Copyright in the Knowledge Economy
JISC amongst other organisations with an interest in research, teaching and learning, in the UK, such as
SCONUL, the British Library, the Collections Trust and Natural History Museum, as well as other
interested parties across Europe have now submitted responses to EC Green Paper on Copyright in the
Knowledge Economy1. The deadline for responses was the 30th November. The IPR Consultants will
report back any further developments accordingly.

c. Debate about Extension of Term for Performers’ Rights and Sound Recordings Continues
Whilst the European Parliament begins to debate the proposed extension to term to sound recordings
and performers’ rights, both sides have launched powerful campaigns and arguments:

Open Rights Group: http://www.openrightsgroup.org/2008/11/26/from-bad-to-worse-meps-to-rush-

PPL (Representing record companies and performers): http://www.ppluk.com/News--Events/Latest-

Of particular importance to wide scale digitisation activities across Higher and Further Education, will be
the introduction of any measures which extend the term of protection for sound recordings and
performers rights resulting in additional resource pressures in the clearance of rights and the possibility
of the creation of more orphan works (works for which the rights holder are unknown or cannot be

III. Items for Consideration

i. JISC Launches Animation abut IPR and Web 2.0
This new 6 minute animation is accessible from the JISC website, YouTube and Leeds University and
portrays some of the IPR issues involved via three typical case studies: a researcher, a lecturer and a
student. These examples pinpoint areas where confusion exists, or even where many may not consider
IPR to be an issue at all, and signpost back to the JISC funded Web2Rights diagnostic tool for further
guidance and information http://www.web2rights.org.uk.The animation and the Web2Rights project have
also featured in the recent Guardian Digital Student Supplement:

ii. SURF Produces Video on Authors’ Rights
SURFdirect, SURF’s digital rights expert community, has produced a short film on Author rights, your
rights. The intention of the video is to provide support for authors considering transferring their copyright
to a publisher, and how this is not necessarily good idea and even unnecessary. This new resource can
be used in conjunction with the Surf/JISC Copyright Toolbox
http://copyrighttoolbox.surf.nl/copyrighttoolbox/ to help authors negotiate agreements with Publishers
which do not require them to transfer their copyright.

IV Other News
Swell of Canadian Backlash Against Proposed Copyright Legislation


V Events

i. Web2.0 and Legal Issues paper at JISC Conference, 24 March 2009
Cultural perceptions about the relevance of legal issues in a Web 2.0 environment, and practical
obstacles in locating authoritative resources about these issues, can present some of the biggest
challenges in engagement with next generation technologies to support teaching, learning and research.
 How do we encourage engagement by staff with these issues?
 How can we engender a culture of mutual respect for creative works, as well as one recognising the
    need for pragmatism and a managed approached to risk?
 Where can we go to find authoritative and appropriate resources and, once found, what tools should
    be used, when and how?
The Web2Rights team http://www.web2rights.org.uk, with support from JISC Legal, will be talking about
their work at the forth coming JISC Conference in March 2009

ii. Preserving and accessing our cultural heritage - the role of copyright law, digitisation and the
Sponsored by BILETA, the British and Irish law, Education And Technology Association -
King’s College London, 30 March 2009, 9 am - 6.15 pm

The aim of this one day Conference is to explore how to improve the preservation of and access to
copyright works in the digital environment. The conference will assess some of the challenges that
digitisation and the Internet pose to UK copyright law in relation to any future centralised digital database
preserving copyright works and allowing their global access and enquire whether the law should be


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