Basically, the only safe material that you can share online is: (i) material that you have created yourself as an original work, (ii) printed material that is out of copyright, e.g. texts created by authors that have been dead for over 70 years, (iii) audio/video material created over 50 years ago, (iv) material that has been specifically declared to be in the public domain.
The are a number of copyright concessions for education, e.g. (i) allowing you to make off-air recordings and store them indefinitely, providing your school has bought an ERA licence, (ii) allowing you to make copies of extracts of printed works and use them for teaching purposes, providing your school has bought a CLA licence. See:
http://www.intellectual-property.gov.uk/st...x_education.htmBut the issue of dissemination is fraught with problems.
I am currently editing a document in collaboration with two colleagues that aims to provide guidance on managing and setting up a digital language lab or multimedia ICT suite. The target audience is mainly MFL heads of departments, school technicians and senior management teams. The document contains a substantial copyright section, spelling out in plain English what you are allowed and are not allowed to do. The document will be published by CILT later this autumn:
http://www.cilt.org.ukBasically, copyright boils down to the question of ownership. Any work that has been created is owned by someone, and they have the right to determine how it is used. You don’t have to register copyright when you create a work; copyright is automatic. What you are allowed to do under the terms of your school’s ERA or CLA licence in your classroom is quite different from what you are allowed to do in the context of a wider, “virtual” classroom, e.g. the Web. If you place materials on a public website then you are publishing them, i.e. making them available for onward distribution. Unless the original material is clearly stated to be free of copyright, or unless it is not covered by copyright legislation by virtue of its age, it is illegal to download, scan or otherwise copy materials for onward distribution, even if no financial gain takes place. It is a common misconception to think that there is an exemption for educational usage. In most countries no such exemption applies, other than certain specific arrangements for research. Nor is it the case that an item is “in the public domain” because it is published on the Web. A work is only in the public domain if it is specifically stated to be so.
The potential penalties in law for breach of copyright are draconian. A copyright owner may go to court to demand that all copies of all works in question are either destroyed or delivered to the copyright owner at the transgressor’s expense, and there are huge financial compensations which may be asked for. Ignorance of the law is never considered as an excuse, and if it could be proven that the transgressor knew that the item was in copyright and that the laws of copyright did not allow for copying, a criminal prosecution could also ensue against the person who did the copying. This is theoretical, however. I am not aware of many cases where draconian action has been taken. I do, however, recall the (true) story of a supply teacher turning up at a school where he was due to replace a teacher on sick leave. On his arrival he collected a pile of work for the sick teacher’s students from the secretary’s office, which he found to contain multiple copies of a substantial chunk from a coursebook that he had written. He left the school immediately, depositing this “evidence” at the local police station. A court case ensued and the school was fined 4000 pounds.
Just recently, two requests from teachers appeared in the Linguanet Forum, asking other teachers to make copies of published audiocassettes and books for them. This is quite clearly illegal, and I sent an email to the Forum indicating that they were on dodgy ground. Shortly afterwards, the author of the audiocassettes and the publisher of the books sent their own warnings to the Forum. Moral of this story: If you publish on the Web you never know who is watching you! There is a new profession, the copyright bounty hunter, that makes a living doing this, and there are software packages such as Cerberus and Eve2 that can scour the Web searching for plagiarised texts. See:
http://www.didascalia.be/cerberus.htm (bottom of the page)
http://www.canexus.com/eveA word of warning about “adaptation”. Adapting a work without permission, with or without acknowledgement, when it comprises something other than a quotation of a small part, may well infringe the copyright and “moral rights” of the owner. Finally, care should be taken about cross-referencing to other works, such as a website address with a hyperlink. This may not always be legal without permission.
As a general rule of thumb, always ASK the copyright owner for permission to disseminate their work. Many public bodies and publishers are quite generous, providing you make clear precisely what you intend to do with their material. I recently approached the BBC for permission to include a screenshot of one of their Web pages in an article I am writing for Elsevier. The BBC replied with an immediate "yes" and they do not require a fee, providing full acknowledgement of the source is given. Elsevier, in turn, insists on such permission being confirmed in writing.