Meet the NKCC Team: Amalyah Keshet

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Amalyah joins NKCC burdened and blessed with over 35 years’ experience working with museums, copyright, and digital media in cultural heritage institutions. Following a decade in curatorial work at the Israel Museum, Jerusalem, she developed and led the Image Resources & Copyright Management there for the last 25 years. And that’s how she met Naomi Korn.

Once Naomi’s “boss” and mentor, Amalyah is particularly happy to join Naomi’s marvelously successful consultancy in a delightful reversal of roles.  Now retired from the Israel Museum, but as busy as ever, Amalyah hopes to continue advising the perplexed on critical rights and policies issues, image licensing, film production in museums, archiving and digitizing projects, and anything else that the cultural heritage world throws our way.

Amalyah has been active in the field internationally since before the invention of the Internet! …serving on the Board of Directors of the Museum Computer Network (MCN), and founding its Intellectual Property Special Interest Group.  She has been active in the Israel working committee for Europeana, in the founding of Creative Commons Israel, and serves on the Editorial Board of Visual Resources.  Amalyah holds a degree in Fine Arts from B.F.A. from Washington University., St. Louis, and a M.A. in Art History from George Washington University, Washington DC.  Amalyah is currently involved in advocating for legislation on exceptions and limitations to copyright for museums, both in Israel and via the World Intellectual Property Organization, and in advocacy for Fair Use and user rights internationally.

Meet The Team: Prof Charles Oppenheim

This is the first of a series of blog posts written by NKCC Consultants. Its a pleasure to introduce Professor Charles Oppenheim, Senior Consultant at NKCC.

professor_charles_oppenheim

“I was until 2009 Professor of Information Science and Head of the Department of Information Science at Loughborough University. I am currently a Visiting Professor at three UK Universities. I have not just been an academic though. I have been an information scientist in the pharmaceutical industry, and spent 12 years in the information industry, working for database producers and online hosts. I first got involved with intellectual property rights in my first job, as a patents information officer at Glaxo in 1970. It was there that I learned about both patents and trade marks. My involvement with copyright came somewhat later, in 1984, when I became Product Development Manager for an online host called Pergamon Infoline, long since vanished. It was here that I learned about copyright law and about negotiating licences, as my main responsibility was to negotiate such licences. I quickly realised that knowledge about all these topics amongst library and information personnel wasn’t that great. I published my first article about patent information in 1974, about trade mark searching in 1987, and on copyright and its impact on library work in 1989. I gave my first of many conference talks on these topics in 1977, and have been a regular on the library and information conference circuit ever since.

I have therefore been involved in, given talks on, and published on Intellectual Property Rights and other legal issues relevant to library and information work and to academic research for nearly 45 years. In that time I have published well over 500 journal articles, conference papers, reports and books on these topics.

I have been involved in advising Governments on these topics in various ways over the years. For many years I was a member of the Legal Advisory Board, a body that gave advice to the European Commission on copyright matters. I have been a member of the Library and Archives Copyright Alliance (LACA) since 2000. I have also been heavily involved in professional matters, becoming President of, and then an Honorary Fellow of, the Institute of Information Scientists, and subsequently became an Honorary Fellow of CILIP. I have been involved in numerous other professional associations, and have been on the organising committees of dozens of conferences.

I was first asked to do consultancy in these fields in the 1970s. However, I didn’t get into such consultancy in a significant way until I arrived at Strathclyde University in 1992 as a Professor there. Since then I have undertaken consultancy for individuals (especially authors), small businesses, commercial organisations, database producers, academic institutions, libraries, information brokers, Government Departments, health service providers, funding councils, libraries, museums and archives, scholarly societies, professional associations – and am involved in developing Green Party policy on Intellectual Property Rights. My proudest professional moments have, however, been my involvement in the Infotainers, a team of information scientists who performed Monty Python type shows for professional conferences between 1980 and 1990.”

Reflections from Chairing CILIP Copyright Conference

Yesterday, I had the pleasure of both setting the programme and chairing the CILIP Copyright Conference for another year.

C80adorXsAIMUNI.jpg large(c) Fred Saunderson, via twitter

What an amazing day. Fantastic speakers and great audience engagement. We tweeted so much good stuff that we constantly trended on Twitter! There was loads to take on from our great speakers and of course our wonderful keynote, Julia Reda MEP

Presentations will be available, but in the meantime, I wanted to briefly outline my top ten key themes that emerged from the day:

1. There is an inevitable relationship between rights management and risk management.  The sooner we understand that, the more we can embed risk management and risk mitigation into our organisational policies and procedures.

2. Copyright can be hard, we have to deal with that and therefore work *hard* to ensure we put in place suitable structures and resource to deal with it.

3. Copyright is an important strategic issue, requires senior management support and suitable policies, procedures, tools and systems to manage it.

4. The devil is often in the detail of the legislation but we should not let this stop us from optimising our use of the exceptions to copyright.

5. Process and methodology are important for dealing with rights and for dealing with works where we can’t trace the rights holders (orphan works).  These need to be built into organisational frameworks and project management.

6. Copyright literacy means contract literacy and we need to be versed in understanding what we want, what contracts mean (Creative Commons licences included!) and how to negotiate (where appropriate).

7. How can we make our staff to feel safe to make proportionate and appropriate decisions about copyright and risk? The crucial role of training, staff development, and awareness raising.

8. European copyright reform is essential regardless of Brexit,  and even after Brexit whilst there will inevitably be copyright casualties, some possible hope may rise from the embers.

9. Copyright champions like us are fighting for appropriate and fair copyright laws, but ultimately we are championing social justice safeguarding the rights of everyone, including those most vulnerable, to access and use content.

10. Professor Charles Oppenheim is too good at what he does, and can never retire!

Thanks to everyone for such a great day. A particular thanks to CILIP and its staff for all their amazing work. Also, thanks to CILIP for asking me to set the programme and select the speakers, as well as for the amazing honour of Chairing the CILIP Copyright Conference for another year.

This article is licensed for re-use under as Creative Commons Attribution Share Alike Licence

 

 

 

 

Copyright Policies

In advance of a workshop about copyright policies,  I wanted to put together some key thoughts based on my experiences over the years of drafting organisational copyright and IP policies for a variety of clients, including museums, libraries, NGO’s, Universities etc.

The first thing to say is that almost always, a copyright policy is more than just a piece of paper. To truly be effective, it is an articulation of a set of organisational beliefs, a statement of aspiration and a confirmation of the ways in which staff are expected to behave. In essence, a copyright policy is therefore the high level organisational statement that supports a culture of rights awareness and the objective of balancing corporate legal responsibilities, sustainability opportunities, risk management and ethics.

Moreover, a copyright policy is a complex set of principles which have been championed by Directors, supported by HR and bought into by all staff. Without this level of support, it will inevitably, at best be viewed as irrelevant and impractical and at worse, languish as shelf-ware.

Model of Copyright Compliance Indeed, a copyright policy can only be effective as part a much broader organisational buy into rights management. In order to articulate this, I have developed the Copyright Compliance Model (above), which is a systemic organisational approach to rights management, which I believe is necessary for organisations to ensure that best copyright practice is embedded into organisational culture and behaviours, supported by a top down bottom up recognition of its importance and the tools necessary to do it. This means that a copyright policy is intrinsic to cultural change, but not the sole means to achieve it, nor the only organisational commitment to such a crucial issue.

Of course at the base of any copyright policy, and the heart of cultural acceptance of rights management being core to activities, is staff awareness – training, training, training. Whether procedures and tools change, policies adapt, new staff start, circumstances shift and/or legislation is updated, staff working in any organisation need to know what they should do, what they should use, when, how, with whom and why. They need a forum for questions, a chance to discuss and more than anything, an opportunity to grow in proficiency and knowledge, so that they can feel confident and safe to make good calls, and know when they don’t know and need to ask.

So, in essence, a copyright policy needs to be supported, embedded and constantly reiterated – it is a clear and certain message that an organisation takes its role towards rights, permissions and risks seriously, and it is prepared to do what it needs to do in order to support a culture of compliance, opportunity and responsibility. One where the critical balance between legal responsibilities, sound ethical practices and pragmatism can be easily achieved.

© Naomi Korn, 2016. Some Rights Reserved. The information here is licensed for use under a Creative Commons Attribution Share Alike Licence (CC BY SA)

 

 

A Copyright Shout Out to Schools and School Librarians

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A few weeks ago I had the pleasure of presenting to CILIP’s Schools Library’s Group. It was a tremendous and highly enjoyable opportunity to discuss the relationship between copyright and contracts, and how copying in schools is a fundamental part of digital literacy, particularly in “Instant Gratification Culture” where anything can be accessed anywhere and anytime.

We spoke about important sources of advice and support – and how basic copyright awareness needs should be embedded into core curriculum subjects. I’ve put together a presentation here: Conference talk_SLG

I also wanted to share some excellent url’s which can be used to help incorporate copyright know-how into teaching:

Creative Commons www.creativecommons.org

Copyright User www.copyrightuser.org

Cracking Ideas www.crackingideas.com/third_party/IP+Tutor

QAA Subject Benchmark Statements www.qaa.ac.uk/assuring-standards-and-quality/the-quality-code/subject-benchmark-statements

BBC Copyright Aware www.bbc.co.uk/copyright

UK Creative Content: Get it Right From a Legal Site www.getitrightfromagenuinesite.org/

Finally, for anyone that wants a whole day chatting about copyright, schools and staying legal, I’m running a workshop in London for RTA on 22 March 2017

NKCC Now Offers Trade Mark Advisory Services

By Prof. Charles Oppenheim Senior Consultant, NKCC

To complement its existing suite of consultancy services and advice, NKCC now offers advice and consultancy on trade marks. There are two types of trade marks – Registered Trade Marks, administered by the UK Intellectual Property Organisation, for which one must apply for registration, pay application and renewal fees, but which gives the owner a powerful monopoly weapon for dealing with those who infringe the mark by using the mark, or something confusingly similar, for the same or similar goods or services in the UK. Other types of trade marks (often called “trade names”) are not the subject of a formal monopoly obtained by application procedures and payments, but can still be protected against so-called “passing off”, where another person or organisations uses the mark, or a confusingly similar one, in a way that damages the owner of mark’s commercial interests. The law of passing off predates the concept of Registered Trade Marks, and in some ways is more flexible than Registered Trade Marks. Indeed, there are far more trade names in use than Registered Trade Marks.

Whether registered or not, trade mark protection can in theory last indefinitely. In some cases, protection can be extended to outside the UK, though the implications of Brexit are as yet unclear for trade marks protected within the rest of the EU.

NKCC is now delighted to offer strategic advice about the commercial opportunities, risks, costs and benefits of registration. We can also advise on the procedures involved, the way to proceed with an application to register and help complete the forms that are necessary for a client to obtain a Registered Trade Mark.

But that is not all. NKCC can also offer advice about whether a Registered Trade Mark is appropriate for a brand, and the likelihood of success with such an application. We offer similar advice for trade names, though in such cases, of course, an application process and fees to be paid are not involved. We also offer consultancy on what to do if a third party infringes a client’s mark, or if a client is threatened with a trade mark infringement action by a third party. also can undertake trade mark searches for a client to ensure there is no pre-existing Registered Trade Mark to the one a client proposes to use. Finally, we would be delighted to advise on how to minimise the risk that a brand name is not subject to challenge by third parties.

Spaces, Images and Teaching Copyright

Last summer, I had the pleasure to present to a number of University Copyright Experts about – Copyright, Licensing and Digital Images: Teaching the teachers what they can use when they teach.

conference-talk

At the best of times, the relationship between what content can be used under a licence, and what content can be used under an exception to copyright in teaching and learning contexts, can be complex. Since a major part of my work is training, whether running workshops, seminars or training the trainers, I wanted to put together some slides which focussed on issues that academics and researchers could relate to help them understand this complexity i.e. the concept of “spaces and images”.

The attached presentation looks at both the types of spaces teachers and academics would potentially use during the course of their teaching, and then the devices by which they could use content in those spaces.

In terms of spaces, I categorised them into the following:

Private/private = classroom

Private/public = Virtual Learning Environment (VLE), such as Moodle

Public/Public = Website (non commercial)

Public/Public = Website (commercial)

This then provided the base line for examining the types of devices and the ubiquity that would enable image reuse, viewed through the lens of risk, cost and benefit (i.e. copyright as a “business critical issue”).

Thus:

CLA = The Copyright Licensing Agency Licence (CLA) licensed published content can be used with no risk, with great benefit (but with cost), in Private/Private spaces and also Private/Public spaces in compliance with licence terms.

CC = Creative Commons Licensed images and other content has great benefit across all the spaces with no cost. However there is some risk. The recognised risk is based on both the differentiation between licence “flavours” meaning that only some of the licences would enable images and other content to be used across both Public/Public spaces as some are limited to non-commercial uses. Also, there is risk that the person/organisation posting content under a CC licence does not have the authority to do so.

Exceptions  = Exceptions to copyright which enables the reuse of images and other content (particularly not content covered under the terms of a CLA or other licence), have no cost, but some risk (as the exceptions to copyright are defences and NOT rights). Their benefit is limited because of Fair Dealing limitations and spaces for use are limited to Private/Private and Private/Public spaces. The increased risk associated with the use of the exceptions within even the Public/Public Non Commercial space – means that this does not feature as an option because the level of risk in many cases may not be tolerable.

Apart from looking at key messages regarding teaching, I also discussed what happens when content moves between spaces, how and what this does to the level of risk and what can be done to mitigate if not eliminate this risk.

For example, students recording lectures taking place in a Private/Private Space and posting content on Public/Public spaces via social media. In this case, CLA licensed material which may have legitimately been used within teaching in classrooms and VLE’s under specific licence terms, may find itself circulating on the web, which would breach CLA licence terms.

Clearly solutions might include:

  1. Organisational policies about what is acceptable and what is not, supported by staff and student training
  2. Use where possible of CC licensed content in classroom teaching with the expectation that lectures will be recorded and posted on social media.

Another “space shifting” circumstance to be weary of can include the use of content stored on a VLE, and its subsequent reproduction on MOOCs (Massive Open Online Courses).

Solutions here might include:

  1. Clearing all rights in some third party content directly with rights holders for global rights, even for classroom use, with the view that the content may then be used on the web within the context of FutureLearn courses
  2. Use where possible of CC licensed content (without an “NC” restriction) in classroom teaching with the expectation that lectures will be recorded and posted on social media.

This is certainly a good start, I believe in helping teachers who teach copyright, to understand and verbalise the concepts of the spaces which we use to teach, and the use of the content that we use in these spaces. By doing this, we can gradually communicate the complexities of the issues and also consider the use of licensed material and the use of the copyright exceptions within the prism of risks, costs and benefits. Moreover, I believe that by understanding these critical concepts, it helps us to understand how content can move between spaces (whether legitimately or not) and therefore we can put in measures to make the most of legitimately licensed content, sensibly risk appraise the use of the exceptions to copyright, as well as mitigate and potentially eliminate risks of content being used in unauthorised spaces.

© Naomi Korn, 2016. Some Rights Reserved. The information here is licensed for use under a Creative Commons Attribution Share Alike Licence (CC BY SA)