Chris raises several important issues.
I derive about half my annual income from selling software that I have written. It’s not a great sum of money - roughly half the annual income of an average teacher. Naturally, I feel very strongly about copyright. I have only had to take serious action to protect my rights on one occasion – when an LEA ICT centre adapted a piece of software that I had written and began to sell the adaptation. When I approached the LEA about this they closed ranks and called in their big-gun lawyers to defend what they had done. Legal action against the LEA was out of the question for me. The legal advice from our family lawyer was not to go to court, as it it could prove expensive, but to contact every possible organisation through which the LEA might publicise the adapted package, i.e. to blacken their name. This I did, and it was very effective. Within a matter of months the LEA was ostracised from conferences at which they might present the adapted package, and government agencies refused to publicise it. The adaptation swiftly disappeared into oblivion.
I have also written lots of materials that are available free of charge, e.g. the materials at the ICT4LT site (http://www.ict4lt.org) and at my own website (http://www.camsoftpartners.co.uk). I don’t object to teachers making multiple copies of these materials and using them for non-commercial educational purposes, subject to due acknowledgement of the source. I do object – and I have done so on two occasions, when I found my materials appearing without an acknowledgement on someone else’s website. On each occasion I admonished the offender and asked them to remove the materials from their website – which they did.
Chris writes:
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As a teacher I have been dismayed at the lack of rights I have to own my material - and thus control it's distribution. I was, for instance, dismayed to see a worksheet I had designed and produced, published in a national QCA publication that they claimed as their own...
You have considerable rights and you can exercise them with the full backing of the law. I would be furious if someone published my work without asking me and I would challenge the publisher immediately. You automatically have copyright on any original work that you create. If a work has been created as part of your employment duties then, unless a contract specifically states otherwise, the copyright resides with yourself. You have a good case for complaint - and may even be able to demand a retrospective fee. I know of one teacher who succeeded in obtaining a fee in a similar situation. He found a photograph of a street scene that he had taken in Berlin appearing on the cover of a published pamphlet. He recognised the photograph from the passers-by who appeared in it.
Chris writes:
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Perhaps this deserves an extra discussion thread of its own, or this may be the thread to have it? That is, the thorny issue of WWW copyright and the right of the individual who posts on it to own their 'intellectual property'?
As I have indicated above, you automatically have copyright on anything original that you create. Your message to this Forum and my reply, for example, are subject to copyright. Materials posted on the Web are subject to the same law as any other published materials. If I write a text, take a photograph, make an audio or video recording and publish it on the Web I still have intellectual property rights with regard to such materials. Just because they appear on the Web they do not automatically become freely available for all and sundry to do what they like with them.
There are several relevant documents at BECTA's ICT Advice site:
http://www.ictadvice.org.ukSearch the site under "copyright" to find them. Here are some important points that have been extracted from the documents at the ICT Advice site:
* Copyright information often appears on a Web page, usually at the bottom of the page. This tells you what you are allowed or not allowed to do with the Web page. If the conditions of use of the Web page are not clearly defined or are severely restricted, contact the site owner or webmaster to request permission to use the page, stating clearly what you intend to do with it, e.g. make multiple copies for classroom use. Permission is only granted at the discretion of the copyright holder, who may wish to charge a fee for such use.
* Fair dealing permits certain acts without requiring the permission of the copyright owner. These include what is reasonable for private study and research. Making multiple copies for classroom use has been established as being outside the definition of fair dealing. You are normally allowed to:
i. make a temporary copy of a Web page, otherwise known as caching, as it is integral to accessing the Internet;
ii. print a single copy of a Web page, although not the whole website, for private study or research;
iii. make a single copy of a Web page, although not the whole website, to a hard drive or floppy disk, as long as it is not for the purpose of producing multiple copies;
iv. quote from a Web page as long as the source is acknowledged and it is for the purpose of criticism or review;
v. make a temporary copy of a Web page for the purpose of electronic transmission such as email, to an individual for their private study or research. The copy should be deleted as soon as the transmission is complete.
* Fair dealing ceases if:
i. a single electronic copy is made with the intention of producing multiple copies or redistributing it either in paper form or electronically;
ii. it is known that a licence is available to permit copying, but has not been sought;
iii. the copies are used commercially, sold or hired, whether it was the original intention or not when the copying took place;
iv. the copy is made publicly available, such as on a website, without the permission of the copyright holder.