CREATe Community Manager

Copyright Reform is a few votes away. The European Union may require those who share news to obtain licences first (permissions against payment). The EU may require platforms to filter content uploaded by users (aimed at music files but also applying to new digital expressions, such as memes and parodies).

Following the adoption of a position of the Council of the European Union on 25 May 2018, the European Parliament’s Legal Affairs Committee (JURI) will vote on the proposed Copyright Directive on 20 June. It is extremely rare for a later plenary vote to overturn the lead committee’s position. So, the destiny of the controversial directive may be settled shortly. This is an important junction in copyright policy, as the Copyright Directive could be the most far reaching European copyright intervention since the 2001 Information Society Directive.

CREATe is the UK Centre for Copyright and New Business Models in the Creative Economy, based at the University of Glasgow. The Centre brings together an interdisciplinary team of academics from law, economics, management, computer science, sociology, psychology, ethnography and critical studies. CREATe believes that we can know who is right, and who is wrong. Our resource page [http://www.create.ac.uk/eu-copyright-reform] tracks the progress of the European Commission’s Reform Package through the complex EU process of law making and signposts significant independent scientific research. It also offers a timeline of the policy making process for the Copyright in the Digital Single Market directive, and access to draft documents where they have become available (sometimes as leaks).

Text

Kerry Patterson -CREATe Community Manager

@copyrightcentre

https://www.create.ac.uk 

Images Davide Bonazzi/Copyright User

We are on the cusp of a global revolution in teaching and learning. Educators worldwide are developing a vast pool of educational resources on the Internet, open and free for all to use. These educators are creating a world where each and every person on earth can access and contribute to the sum of all human knowledge. They are also planting the seeds of a new pedagogy where educators and learners create, shape and evolve knowledge together, deepening their skills and understanding as they go.

This emerging open education movement combines the established tradition of sharing good ideas with fellow educators and the collaborative, interactive culture of the Internet. It is built on the belief that everyone should have the freedom to use, customize, improve and redistribute educational resources without constraint. Educators, learners and others who share this belief are gathering together as part of a worldwide effort to make education both more accessible and more effective.

And it goes on suggesting three strategies to increase the reach and impact of open educational resources:

1. Educators and learners: First, we encourage educators and learners to actively participate in the emerging open education movement. Participating includes: creating, using, adapting and improving open educational resources; embracing educational practices built around collaboration, discovery and the creation of knowledge; and inviting peers and colleagues to get involved. Creating and using open resources should be considered integral to education and should be supported and rewarded accordingly.

2. Open educational resources: Second, we call on educators, authors, publishers and institutions to release their resources openly. These open educational resources should be freely shared through open licences which facilitate use, revision, translation, improvement and sharing by anyone. Resources should be published in formats that facilitate both use and editing, and that accommodate a diversity of technical platforms. Whenever possible, they should also be available in formats that are accessible to people with disabilities and people who do not yet have access to the Internet.

3. Open education policy: Third, governments, school boards, colleges and universities should make open education a high priority. Ideally, taxpayer-funded educational resources should be open educational resources. Accreditation and adoption processes should give preference to open educational resources. Educational resource repositories should actively include and highlight open educational resources within their collections.

So, where are we now, after exactly 10 years from this? The 10 year anniversary was initially marked last year during the World OER Congress , in which a group of open educators, reflecting on progress made by the community over the last ten years and future challenges, collaboratively produced a new set of recommendations to inspire and focus the movement for the next ten years: the Ten Directions to Move Open Education Forward.

These directions complement and expand the three Open Education Declaration strategies by giving particular attention to elements such as communication, empowerment, educational development, open pedagogy, and copyright reform, among others. The Open Education Working Group has been involved in the last element through  Communia, a network of activists, researchers and open practitioners who advocate for improvements to the EU copyright framework. We believe that the copyright law is of fundamental importance to move Open Education forward. Indeed, “the availability of openly licensed educational resources continues to grow, a wide variety of cultural and informational resources that are critical for education remain locked up by restrictive copyright terms. Limitations and exceptions to copyright can give teachers and learners the necessary freedoms to use these resources for educational purposes, without having to ask for permission. Copyright reforms taking place around the world can strengthen these exceptions—or hurt education by weakening them”. Last week Communia sent a joint letter to all MEPs working on copyright reform, explaining the changes needed to facilitate the use of copyrighted works in support of education. As we are well aware of, education practices are embedded, and influenced by, social, historical and political dynamics. It is important that we educators become critically aware of these dynamics and become active in making sure that they do not disrupt our pedagogies.

Critical awareness of social, historical and political dynamics affecting educators’ practices is an important topic especially nowadays as globally, we are witnessing major migratory flows, which means that providing social and educational services have become pressing concerns in all regions of the world as we need to make sure everyone is able to access adequate education. The Ten Directions to Move Open Education Forward contain 3 particularly important strategies related to this issue: open pedagogy, educational development and empowerment. OERs have the affordances to be used as an instrument for education to social cohesion within a critical pedagogy discourse (Manca et al., 2017), with particular attention to the aforementioned strategies. Critical pedagogies refer to all those educational experiences promoting transformation, empowerment, and exposing the power dynamics affecting educational development and which can perpetuate social injustice. It is then of vital importance that open educators refer to these strategies (and the others) for both personal development and to design education in a way that helps learners develop the critical skills needed to uncover, observe and recognise how socio-cultural, power and emotion-related dynamics influence society.

With these new, 10 directions, Open education is not only moving forward, but it is becoming the vessel of a democratic pedagogy aimed at educating future generations to what sociologist Edgar Morin defined as “complex lessons in education for the future” (2002). These lessons include the ability to appreciate the common human condition, the way knowledge is (co)constructed and what are the possible errors in this process, the importance of understanding each others and, most importantly, the aptitude to confront and accept the uncertainties and complexities of the socio-cultural reality we inhabit (Manca et al., 2017). The Open Education Working Group is delighted to join the wider community of open educators on this vessel and moving towards these exciting, transformative  challenges.

Today we, the OEWG, publish a joint letter initiated by Communia Association for the Public Domain that urgently requests to improve the education exception in the proposal for a Directive on Copyright in the Digital Single Market (DSM Directive). The letter is supported by 35 organisations representing schools, libraries and non-formal education, and also individual educators and information specialists.

In September 2016 the European Commission published its proposal of a DSM Directive that included an education exception that aimed to improve the legal landscape. The technological ages created new possibilities for educational practices. We need copyright law that enables teachers to provide the best education they are capable of and that fits the needs of teachers in the 21st century. The Directive is able to improve copyright.

However, the proposal does not live up to the needs of education. In the letter we explain the changes needed to facilitate the use of copyrighted works in support of education. Education communities need an exception that covers all relevant providers, and which permits a diversity of educational uses of copyrighted content. We listed four main problems with the Commission’s proposal:

#1:  A limited exception instead of a mandatory one

The European Commission proposed a mandatory exception, which can be overridden by licenses. As a consequence educational exception will still be different in each Member State. Moreover, educators will need a help from a lawyer to understand what they are allowed to do.

#2 Remuneration should not be mandatory

Currently most Member States have exceptions for educational purposes that are completely or largely unremunerated. Mandatory payments will change the situation of those educators (or their institutions), which will have to start paying for materials they are now using for free.

#3: Excluding experts

The European Commission’s proposal does not include all important providers of education as only formal educational establishments are covered by the exception. We note that the European lifelong-learning model underlines the value of informal and non-formal education conducted in the workplace. All these are are excluded from the education exception.

#4: Closed-door policy

The European Commission’s proposal limits digital uses to secure institutional networks and to the premises of an educational establishment. As a consequence educators will not develop and conduct educational activities in other facilities such as libraries and museums, and they will not be able to use modern means of communication, such as emails and the cloud.

To endorse the letter, send an email to education@communia-associations.org. Do you want to receive updates on the developments around copyright and education, sign up for Communia’s newsletter Copyright Untangled.

You can read the full letter below or download the PDF.

Educators ask for a better copyright

Joint Letter on the education exception in the proposal for a Directive on Copyright in the Digital Single Market, 16 January, 2018

Dear MEP,

We, educators, teachers, students, vocational trainers, researchers, scientists, librarians, archivists and museum professionals, provide education on a daily basis. We teach, we learn, we create and exchange information for the benefit of European society. We want a copyright framework that enables us to provide modern, innovative education. Education fit for the Europe of the 21st century. Copyright needs to be reshaped in order to facilitate modern education which spans the lives of learners, and takes place in a variety of formal and informal settings, online as well as offline.

We strongly support the European Commission’s decision to update the framework of educational exceptions and introduce a new, mandatory exception. Unfortunately, the current proposal for a Directive on Copyright in the Digital Single Market (DSM proposal) does not meet the needs of educators and educational institutions. On the contrary, it will function as a straitjacket that introduces a fragmented legal landscape and legal uncertainty. It might also mean significant, additional costs for some member states.

Instead of supporting a broad lifelong-learning sector that includes in particular adult education and workforce training – the reform will apply only a narrow range of formal establishments. Instead of supporting innovative use of digital communication to extend the mission of educational institutions, it will serve as a barrier to online education. And instead of facilitating use of a broad range of resources available to educators and learners today, it will support an outdated model that limits education to one-size-fits-all, mass-produced textbooks.

We would like to bring your attention to the following problems with the Commission’s proposal:

#1: A limited exception instead of a mandatory one

Educators should not need to be lawyers to understand what they can and cannot do. We believe in transparency. Educators would benefit from an education exception on which educators can rely across the European Union. Unfortunately, the European Commission’s proposal will maintain the fragmented legal copyright framework when it comes to education as long as licenses can overrule the exception. The consequence of the proposal is that legal uncertainty will be maintained.

#2 Remuneration should not be mandatory

Some members of the European Parliament propose mandatory remuneration for educational uses. Currently, 17 member states have exceptions for educational purposes that are completely or largely unremunerated. In these countries educators can use copyrighted works for educational purposes for free. Payments should therefore remain optional and any changes to this model should be subject to consultation with Ministries of Education of all member states.

#3: Excluding experts

Learners benefit from receiving education from the best in the field. This is why education provided by educators, librarians, museum professionals and non-formal education providers who relate to the topic of study are incredibly valuable. For instance, 24 million adults take part in non-formal training activities in libraries every year within the European Union. Unfortunately, the European Commission’s proposal does not include all important providers of education as only formal educational establishments are covered by the exception. We note that the European lifelong-learning model underlines the value of informal and non-formal education conducted in the workplace. All these are excluded from the education exception.

#4: Closed-door policy

In today’s Europe, educational activities are legitimately provided in many locations and through various means of communication. The consequence of the European Commission’s proposal to limit digital uses to secure institutional networks and to the premises of an educational establishment is that educators will not develop and conduct educational activities in other facilities such as libraries and museums, and they will not be able to use modern means of communication, such as emails and the cloud. All to the detriment of learners.

The future of education determines the future of society

We strongly urge you to avoid the above-mentioned pitfalls by granting a mandatory exception for non-commercial educational purposes that cannot be sidelined by licenses and that cannot be overridden by contract. We need an exception that includes all relevant providers of education and an exception that permits the diversity of educational uses – both digital and analogue – of copyrighted content.

We would like to stress that this is not just a concern to us, educational stakeholders, but to all citizens and society at large. Access to good education is a prerequisite for a thriving knowledge-based economy, and part of European culture. Providing access turns learners into co-creators of education, information and culture. The education exception is an investment needed to enable the advancement of science and innovation. It is an important condition not only to enable the advancement of science and innovation, but for the development of Europe and its societies.

We count on your good sense in policy and decision-making as you work to reform the copyright system in the European Union. We therefore urge all to help support access to inclusive, fair education for all in the European Union.

Sincerely,

Communia Association for the Public Domain

European University Association

Lifelong Learning Platform – European Civil Society for Education

European Digital Learning Network

SPARC Europe

Open Education Working Group, Open Knowledge International

Public Libraries 2020 (PL2020)

Expert Group on Information Law of The European Bureau of Library, Information and Documentation Associations (EBLIDA)

The International Federation of Library Associations and Institutions (IFLA)

The Libraries and Archives Copyright Alliance (LACA)

Associazione Italiana Biblioteche (AIB-WEB)

The Association of History and Civics Teachers in the Netherlands (VGN)

European Association of History Teachers (EUROCLIO)

The Slovak Chamber of Teachers (SCT)

Centrum Cyfrowe

Kennisland

ARTEdiem

Platon Schools

Alliance for Open Education

EDUin

Wikimedia Czech Republic

The Academy of Waldorf Pedagogy

Association of Teachers of English of the Czech Republic (AUACR/ATECR)

The Media and Learning Association

Neth-ER – Netherlands house for Education and Research

Association for Technology and Internet (ApTI)

The Center for Public Innovation

The Foundation for a Free Information Infrastructure (FFII)

Union of Informaticians in Education (JSI)

Mediawise Society Association in Bucharest

Centrum pro studium vysokého školství (cscš)

SOU Nové Strašecí

The Ecumenical Academy, Prague

AARTKOM s.r.o. Art of Communication

Zakladni Skola Chomutov  

Elisabeth N. Fotiade, Media Literacy Educator and Chair of Mediawise Society

Milan M. Horak, priest and teacher, President of the Ecumenical Academy, Prague, Member of the Czech Christian Academy, Member of the Academy of Waldorf Pedagogy, Czech Republic

Jonathan Mason – Brighton and Sussex Medical School, United Kingdom

Mario Pena – SafeCreative, Spain

FINAL 180115 Communia – Joint Letter – Educators ask for a better copyright

Infographic available here https://www.communia-association.org/wp-content/uploads/2018/01/Infographic_educatorsaskforabettercopyright.pdf