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Sharing sustainable learning and teaching resources

Suzanne Hardy Higher Education Academy Subject Centre for Medicine, Dentistry and Veterinary Medicine University of Newcastle

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Learning outcomes
Be able to confidently use resources such as images and resources from the internet and elsewhere, attributing content creators (copyright owners), when creating teaching and learning resources Understand the difference between copyright ownership and licencing and how to use resources shared under licence Be able to clearly indicate the copyright status of any works you have created using an appropriate Creative Commons licence Be aware of how to deal with consent issues in using patient data in learning and teaching resources Exemplify best practice in digital professionalism and manage risks when creating sustainable teaching resources

Icebreaker

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Background
5.7+4=9.7 millions (and another 4 millions)

"digitised materials offered freely and openly for educators, students and self-learners to use and reuse for teaching, learning and research
Hyln, Jan (2007). Giving Knowledge for Free: The Emergence of Open Educational Resources. Paris, France: OECD Publishing. p. 30

Sharing openly is good

Public money Transparency and accountability Equality of access Increased utility Increased applications & better retention

Students do use OER and it does save time

www.medev.ac.uk/ourwork/oer/value/

50%

http://blogs.nottingham.ac.uk/learningtechnology/2011/02/08/itturns-out-that-oer-does-save-time-and-students-do-use-them/

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One of the benefits of being explicitly open is that it removes the need for people to ask before re-using stuff. Without it, everything boils down to am I allowed to do this? type question and many forms of re-use will stop at that hurdle because the costs of getting the answer are too great
Andy Powell comment on David Wiley s blog

http://opencontent.org/blog/archives/1735

Resource/Website/Repository

Metadata/Repository

OER

Suzanne Hardy
News/RSS

openeducationalresources.pbworks.com/ www.elearningreadiness.org/ stemoer.pbworks.com/w/page/6799480/User-Guide-to-OER www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=415115&c=1 blogs.unbc.ca/open/2011/02/03/finding-and-using-open-educational-resources/ www.medev.ac.uk/ourwork/oer/

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Do you share?

PERSONAL EXPERIENCES OF CURRENT PRACTICE

Open Educational Resources

IPR & COPYRIGHT ISSUES

Intellectual property rights (IPR)

There are four main types of IP rights
Patents protect what makes things work (e.g. engine parts, chemical formulas) Trade marks are signs (like words and logos) that distinguish goods and services in the marketplace Designs protect the appearance of a product/logo, from the shape of an aeroplane to a fashion item Copyright is an automatic right which applies when the work is expressed (fixed, written or recorded)
Copyright, Design and Patents Act, 1988 Copyright arises automatically when an original idea (author uses some judgment or skill) is expressed/created
www.ipo.gov.uk

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Who owns copyright?

The owner of the copyright is the person (or persons, if jointly owned) who created/expressed it, i.e. the author (writer, composer, artist, producer, publisher, etc.)
Original literary works such as novels or poems Original dramatic works such as dance Original musical works, i.e. the musical notes Original artistic works such as graphic works (paintings, drawings etc.), photographs and sculptures, including sound recordings, films and broadcasts Typographical arrangements of published editions

An exception is an employee who creates a work in the course of their employment (employer owns)
www.cla.co.uk

What rights does a copyright owner have?

A copyright owner has economic and moral rights Economic rights cover copyright owner acts, including rights to copy the work, distribute (e.g. making it available on-line), rent, lend, perform, show, or adapt it Owners can waive, assign, licence or sell the ownership of their economic rights Moral rights can be waived (but not licensed or assigned) and include the right to
Be identified as the author Deny a work (that an author did not create) Object to derogatory treatment of the work
www.cla.co.uk

Copyright infringement
It is an infringement of copyright (in relation to a substantial part of a work) without the permission or authorisation of the copyright owner, to
Copy it and/or issue copies of it to the public Rent or lend it to the public Perform or show it in public Communicate it to the public

Secondary infringement may occur if someone, without permission, imports, possesses or deals with an infringing copy, or provides the means for making it Material found on the internet is subject to copyright
www.cla.co.uk

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Exceptions
You may copy copyright works if
Copyright has expired (e.g. for literary, dramatic, musical or artistic works = 70 years from when the last author dies) Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK) Your use of the work is covered under a licensing scheme that you and the copyright holder have subscribed to The copyright owner has given you permission
www.copyrightservice.co.uk

Obtaining clearance to use copyright material

For permission to copy, contact the copyright owner in writing and specify

The material you wish use (title, author name etc.) The exact content to be duplicated (i.e. page numbers) The number of copies you wish to make How the copies will be used (i.e. for an event, course work) Who the copies will be distributed to (i.e. students)

For most published works this will be the publisher Permission is needed for each and every purpose Fees may be charged to copy the item, or for administering the request to copy the item
www.cla.co.uk

Fair dealing
Your use of the work (which must be acknowledged) is fair dealing as defined under the 1988 Copyright Designs and Patents Act (UK)
Research and private study Instruction or examination Criticism or review News reporting Incidental inclusion Accessibility for someone with, e.g. a visual impairment

There is no simple formula or % that can be applied instead use licenced materials, or ask for permission
www.copyrightservice.co.uk

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Using licenced works

A licence (a set of rules) describes how copyright items may be used by others Licensing schemes (such as Creative Commons) that both authors (owners) and users can access for free
If both sides observe the rules then both parties are instantly protected Owners licence others to use their content Users obey the terms of the licence Creative Commons provides different licences that can be combined together Policies can be developed to guide owners what licences to use

Open Educational Resources

INTRODUCTION TO OPEN LICENSING AND CREATIVE COMMONS

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http://creativecommons.org/

Creative Commons: creativecommons.org/about/licenses/

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Open Educational Resources

FINDING OPENLY LICENSED RESOURCES ONLINE

www.nottingham.ac.uk/xpert/

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www.google.co.uk/

www.jorum.ac.uk

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Open Educational Resources

USING ATTRIBUTION TOOLS TO ACKNOWLEDGE CREATORS

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www.nottingham.ac.uk/xpert/attribution/

Attribution tools

http://openattribute.com/

Drop down gives HTML or plain text options to copy into your resource

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Reflection
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Open Educational Resources

RECORDINGS OF PEOPLE (ESPECIALLY PATIENTS AND THEIR FAMILIES, HEALTHCARE WORKERS, ACTORS, STUDENTS, ETC.) IN LEARNING MATERIALS

Consent as distinct from IPR

Defined by the 8 principles in the Data Protection Act 1998 (and Human Rights Act 1998) Recognises the need for more sophisticated management of consent for recordings of people (stills, videos, audios, etc.)
Teachers (academics, clinicians, practice/work based learning tutors, etc.) Students and product placement (branded items) Role players/actors/performers/hired help (including recording crew) Patients/patient families/care workers/support staff/members of public in healthcare settings (sensitive personal data) GMC guidelines for consent/patient recordings

Considerations
People Patients (children and vulnerable adults) Dead people/patients (children and vulnerable adults) Existing recordings (already exist) New recordings (that you are planning to make)

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Clinical setting

Academic setting

Recordings Doctor collects incorporated into consent educational event Recordings taken We all want to do the right thing! Uploaded to VLE Consent for No evidence of recordings stored with consent patient record No access to patient Clear guidance record available Location of risk unclear

Consent for use in teaching

Patient or non-patient participation in the development of teaching materials is not in their best interests If it can be copied digitally then you have to assume that it is open There is no such thing as anonymising patient or other information

The Data Protection Act (1998)

Schedule 1 states: "1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless (a) at least one of the conditions in Schedule 2 is met, and (b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met."

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The Data Protection Act (1998)

Schedule 2 states (paraphrased in [], emphasis added)
"Conditions relevant for purposes of the first principle: processing of any personal data 1 The data subject has given his consent to the processing. 2 The processing is necessary - [for any of the above (schedule 2) plus the purpose of performing any right or obligation which is conferred or imposed by law on the data controller in connection with employment; in order to protect the vital interests of the data subject including where consent has been unreasonably with held, or another person in a case where consent cannot be be given or the data controller cannot reasonably be expected to obtain the consent; processing is carried out by a body or association which is not established or conducted for profit and exists for political, philosophical, religious or trade-union purposes, safeguards the rights and freedoms of data subjects and is not disclosed to third parties without consent.]

The Data Protection Act (1998)

Schedule 3 states (paraphrased in [], emphasis added)
"Conditions relevant for purposes of the first principle: processing of any sensitive personal data 1 The data subject has given his explicit consent to the processing. 2 The processing is necessary - [for the purpose of entering a into contract; compliance with some legal obligation; to protect the vital interests of the data subject; for the administration of justice; for the exercise of any function of: houses of parliament, conferred on any person or under any enactment, Crown, a Minister of the Crown or government department, exercised in the public interest of any person; for the purposes of legitimate interests by the data controller except where prejudice the legitimate interests of the data subject; the Secretary of State has specified particular circumstances.]

GMC guidance
Making and using visual and audio recordings of patients 2001
Referred to clinical care and research, did not refer to teaching

Making and using visual and audio recordings of patients 2011

Does refer to teaching

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GMC principles
When making or using recordings you must respect patients privacy and dignity, and their right to make or participate in decisions that affect them. This means that you must: give patients the information they want, or need, about the purpose of the recording make recordings only where you have appropriate consent or other valid authority for doing so ensure that patients are under no pressure to give their consent for the recording to be made where practicable, stop the recording if the patient asks you to, or if it is having an adverse effect on the consultation or treatment anonymise or code recordings before using or disclosing them for a secondary purpose, if this is practicable and will serve the purpose disclose or use recordings from which patients may be identifiable only with consent or other valid authority for doing so make appropriate secure arrangements for storing recordings be familiar with, and follow, the law and local guidance and procedures that apply where you work.

GMC principles
And you must not:
make, or participate in making, recordings against a patient s wishes, or where a recording may cause the patient harm disclose or use recordings for purposes outside the scope of the original consent without obtaining further consent (except in the circumstances set out in paragraphs 10 and 1517).

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GMC states
Consent to make the recordings listed below will be implicit in the consent given to the investigation or treatment, and does not need to be obtained separately.
Images of internal organs or structures Images of pathology slides Laparoscopic and endoscopic images Recordings of organ functions Ultrasound images X-rays

NHS states
Patients are any person or people currently in receipt of healthcare treatment, or who has/have been in receipt of healthcare treatment. Children and vulnerable adults may or may not be in healthcare treatment but should always be considered under the 'sensitive' part of the Data Protection Act 1998. The NHS guidelines recommend at least three or possibly four (Scotland) levels of consent, ranging from none to 'publication' NHS level III consent. "Many NHS Trusts have patient consent forms which specifically designate 'level III consent' (public access including the internet). If this applies, then Open Access in the sense of sharing materials publicly clearly would fall within this permission.
Level I consent is for use within the patient record only. Level II consent is for teaching and learning but with restricted access only. Level III consent is usually for open access and in the public domain."

Issues
Where to store copies of consent? Withdrawing consent? How to find properly consented materials? What is the advice in relation to lecture capture? How do you stop someone else ripping you off

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Policies, disclaimers and risk

In order to safeguard yourself against litigation for copyright or data protection (consent) violation
Have a policy/disclaimer Clearly publish your policy and keep it up to date Train your staff in the use of the policy Follow your policy (do what you say you will do)

You may also want a disclaimer this resource has been provided use it at your own risk. If you have any concerns about any material appearing in this resource please contact Actively manage your risks Take out liability insurance

Good practice compliance table (managing risk)

Explanation Risk of litigation from infringement of IPR/copyright or patient consent rights
Low. Institution follows best practice and has effective take down strategies. Institution able to legally pursue those infringing the institutions rights. Medium. Ownership of resources is likely to be clear. Good practice is followed in relation to patients. Take down and other complaint policies are in place and being followed.

Action

Periodically test resources against policies to keep policies under review. Keep abreast of media stories. Limited liability insurance required. 2 Compliance tested and Review those areas where policies are adequate in most developed is required, possibly in but not all aspects to allow relation to e.g. staff not employed by the compliance of a resource the institution e.g. emeritus or to be accurately estimated. A visiting or NHS. It may be that a small number of areas where partner organisation requires policies need to be further improvement to their policies. Some developed for complete liability insurance may be clarity. necessary. Medium. It is unlikely that the Collate suite of examples of best 1 Compliance tested but too ownership and therefore licensing of practice and review against existing few policies available or institutional policies. Follow due insufficiently specified to allow resources is clear. Resources theoretically owned by the institution process to amend and implement the compliance of any could be being ripped off. those which are relevant to the particular resource to good institution. Take out liability practice guidelines to be insurance. accurately estimated. 0 Compliance with the toolkits High/Unknown. Risk may be minimal Establish a task force to test some unknown/untested. if resource was developed based on resources against institutional best practice principles. Institutional policies; then follow 1-3 below. Take Compliance has been tested policy status (ownership, consent) is out liability insurance. andwww.medev.ac.uk pass. materials failed to unknown. October 2010 cc: by-sa

3 Institutional policies are clearly in place to enable resources to be compared to the toolkits.

Institutional policy recommendations

That authors should hallmark all their content with e.g. CC licences (e.g. CC by attribution only) Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent in NHS record (patients) or with resource Review institutional policies against good practice Include disclaimers in resources UK HE enters a dialogue with publishers to increase the potential for re-using upstream copyrights Seek to replace, over time, any questionable material Have sophisticatedtake-downpolicies

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Proposing a Consent Commons

A human subject version of Creative Commons Accepts a basic human right to refuse their image/voice appearing and, where they have previously consented, their right to withdraw their consent Would work like Creative Commons in that you hallmark material with the consent status and when consent needs to be reviewed (if ever) Has levels of release (e.g. Closed; medic restrict; review [date]; fully open) Terms of the consent needs to be stored with/near the resource
www.medev.ac.uk

Consent Commons ameliorates uncertainty about the status of educational resources depicting people, and protects institutions from legal risk by developing robust and sophisticated policies and promoting best practice in managing information.

consent commons
Engendering trust
Consent everything-even where ownership and patient/non-patient rights appear clear, and store consent with resource

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Open Educational Resources

RISK ASSESSMENT TOOLKITS AND 'DIGITAL PROFESSIONALISM'

www.medev.ac.uk/ourwork/oer

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www.web2rights.com/OERIPRSupport/risk-management-calculator/

www.web2rights.com/OERIPRSupport/diagnostics.html/

http://medicalimages.pbworks.com/

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Principles
1. Acknowledge that patients interests and rights are paramount. 2. Respect the rights to privacy and dignity of other people who are included in recordings, such as family members and health care workers. 3. Respect the rights of those who own the recordings and the intellectual property of those recordings, and check and comply with the licences for use. 4. Take professional responsibility for your making and use of recordings and alert colleagues to their legal and ethical responsibilities where appropriate.
Email: d.hiom@bris.ac.uk

Digital professionalism
To be a digital professional every member of staff who contributes to curriculum delivery, in both NHS and academic settings should be able to identify, model and understand professional behaviour in the digital environment.

CC-BY Official US Navy Imagery www.flickr.com/photos/usnavy/5509486066/

learners' information literacies are relatively weak but learners have little awareness of the problem
Beetham et al 2009

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Information/resources increasingly easy to find Blurring of personal and professional identities online Increasing need to manage issues of disclosure Changing public expectations Misunderstandings of digital spaces Consequence

Permanence Lack of understanding of ownership and licencing in online environments

Digital professionalism in the curriculum?

Digital professionalism: how we present and manage presence in the digital environment and how that presence relates to professionalism in the curriculum Professionalism in Tomorrow s Doctors:
www.gmc-uk.org/education/undergraduate/professional_behaviour.asp

No reference to professionalism online: implicit? explicit in your curriculum? Hidden? Are there any differences?

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Digital literacy
digital literacy defines those capabilities which fit an individual for living, learning and working in a digital society
Joint Information Systems Committee (JISC), 2011

most learners are still strongly led by tutors and course practices: tutor skills and confidence with technology are therefore critical to learners' development
Beetham et al, 2009

Digital professionalism: embodiment? Academic practice: enactment? Information literacy: competence? Digital literacy: awareness?

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Rachel Ellaway (2010)

TOWARDS A DIGITAL PROFESSIONALISM: 7 PRINCIPLES

Principle #1: establish and sustain an on online professional presence that befits your responsibilities while representing your interests. Be selective in which channels and places you establish a profile.

Principle #2: use privacy controls to manage more personal parts of your online profile and do not make public anything that you would not be comfortable defending as professionally appropriate in a court of law

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Principle #3: think carefully and critically about how what you say or do will be perceived by others and act with appropriate restraint

Principle #4: think carefully & critically about how what you say or do reflects on others (individuals & organisations) and act with appropriate restraint

Principle #5: think carefully and critically about how what you say or do will be perceived in years to come; consider every action online as permanent

By Michael Deschenes (Own work) [Public domain], via Wikimedia Commons

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Principle #6: be aware of the potential for attack or impersonation, know how to protect your online reputation and what steps to take when it is under Ellaway, 2010 threat

Principle #7: an online community is still a community and you are still a professional

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An unconference : By teachers, for teachers Focussed on sharing ideas: Practical, helpful, inspiring Everyone participates Everyone learns 2- or 7-minute presentations Anyone can speak No obligation to pay attention

With thanks to Isla Kuhn, @ Cambridge for these slides

Quick and cheap o To attend o and to organise Share ideas o What worked? What didn t? Opportunity to present Networking

With thanks to Isla Kuhn, @ Cambridge for these slides

LibTeachMeets have happened in: Cambridge (27.09.10, 29.03.11) Huddersfield (09.02.11) Newcastle (04.05.11) Brighton (25.05.11) Liverpool (26.05.11) Leicester (14.06.11) London (20.06.11)

LibTeachMeets are coming up in: Stirling & Inverness (20.07.11) Bedfordshire (21.07.11) Sheffield (10.11.11) Oxford (tbc)

google teachmeet calendar: http://tinyurl.com/tm-google-calendar With thanks to Isla Kuhn, @ Cambridge for these slides

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TeachMeet grow your own

People, venue, date / time, web presence, funding, cake!

With thanks to Isla Kuhn, @ Cambridge for these slides

http://plcmcl2-things.blogspot.com/

http://23thingswarwick.blogspot.com/p/programme-outline.html/

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Attribution and disclaimer

This file is made available under a Creative Commons attribution share alike licence To attribute author/s please include the phrase cc: by-sa Suzanne Hardy, July 2011, http://www.medev.ac.uk/ourwork/oer/ Users are free to link to, reuse and remix this material under the terms of the licence which stipulates that any derivatives must bear the same terms. Anyone with any concerns about the way in which any material appearing here has been linked to, used or remixed from elsewhere, please contact the author who will make reasonable endeavour to take down the original files within 10 working days.
www.medev.ac.uk

Open Educational Resources

SHARING RESOURCES BETWEEN ACADEMIA AND THE NHS

Pathways for Open Resource Sharing through Convergence in Healthcare Education (PORSCHE)

Seamless access to academic and clinical elearning resources

cc: by Tony the Mi s fi t http://www.fl i ckr.com/photos/tonythemi sfit/2580913560/

contact: lindsay@medev.ac.uk www.medev.ac.uk/ourwork/oer/ #porscheoer #ukoer #medev

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www.jorum.ac.uk

3
NHS/HEI

www.elearningrepository.nhs.uk/

NHSNet/N3 Athens Limited access

JANET Shibboleth/JISC FAM Unlimited access

Accredited Clinical Teaching Open Resources (ACTOR)

Partners: University of Bristol, University of Cambridge, Hull York Medical School, Newcastle University, Peninsula College of Medicine and Dentistry.

www.medev.ac.uk/oer/
#ukoer #actor #medev
cc: by-nc By Maxi Walton http://www.flickr.com/photos/maxiwalton/898138774/

Contact: gillian@medev.ac.uk

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Learning outcomes
Be able to confidently use resources such as images and resources from the internet and elsewhere, attributing content creators (copyright owners), when creating teaching and learning resources Understand the difference between copyright ownership and licencing and how to use resources shared under licence Be able to clearly indicate the copyright status of any works you have created using an appropriate Creative Commons licence Be aware of how to deal with consent issues in using patient data in learning and teaching resources Exemplify best practice in digital professionalism and manage risks when creating sustainable teaching resources

Mitigating risk by adopting good practice to save time and money OER is irrelevant (but a nice by-product )

www.medev.ac.uk/oer/ suzanne@medev.ac.uk twitter.com/glittrgirl twitter.com/hea_medev www.medev.ac.uk/blog/oer-phase-2-blog/

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References
Beetham, H., L. McGill, et al. (2009). Thriving in the 21st century: Learning Literacies for the Digital Age. Glasgow, Glasgow Caledonian University/JISC. Online at http://www.jisc.ac.uk/media/documents/projects/llidareportjune2009.pdf Chretien, K. C., S. R. Greysen, et al. (2009). "Online Posting of Unprofessional Content by Medical Students." JAMA 302(12): pp1309-1315. Ellaway, R. (2010). "eMedical Teacher # 38: Digital Professionalism." Medical Teacher 32(8): pp705 707. Farnan, J. M., J. A. M. Paro, et al. (2009). "The Relationship Status of Digital Media and Professionalism: It s Complicated " Academic Medicine 84(11): pp1479-1481. Ferdig, R. E., K. Dawson, et al. (2008). "Medical students and residents use of online social networking tools: Implications for teaching professionalism in medical education." First Monday 13(9). Online at http://www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/2161/2026 Thompson, L. A., K. Dawson, et al. (2008). "The Intersection of Online Social Networking with Medical Professionalism." J Gen Intern Med 23(7): p954-957. Mostaghimi,A., Crotty, B.H., Professionalism in the digital age Annals of Internal Medicine 19 Apr 2011;154(8):560-562.

References
The Higher Education Academy OER pages: www.heacademy.ac.uk/ourwork/teachingandlearning/oer/ The JISC OER pages: www.jisc.ac.uk/oer The OER InfoKit from JISC InfoNet: openeducationalresources.pbworks.com The OER Synthesis and Evaluation Report: www.caledonianacademy.net/spaces/oer/ The JISC Legal IPR Toolkit: www.web2rights.com/OERIPRSupport/index.html

References

http://www.nottingham.ac.uk/xpert/attribution/ http://ocw.mit.edu/index.htm http://oerwiki.iiep-unesco.org/index.php?title=UNESCO_OER_Toolkit http://www.creativecommons.org http://wylio.com/ http://openattribute.com

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URLs

www.medev.ac.uk/ourwork/oer www.nottingham.ac.uk/xpert/ http://creativecommons.org/ www.jorum.ac.uk/ www.flickr.com/search/advanced/ www.google.com/advanced_image_search/ www.nottingham.ac.uk/xerte/ www.glomaker.org/ http://openlearn.open.ac.uk/

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