Pascault et al. (2020)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Pascault et al. (2020)
Title: Copyright and Remote Teaching in the Time of COVID-19: A Study of Contractual Terms and Conditions of Selected Online Services
Author(s): Pascault, L., Jütte, B.J., Noto La Diega, G., Priora, G.
Year: 2020
Citation: Pascault, L., Jütte, B.J., Noto La Diega, G. and Priora, G. (2020) Copyright and Remote Teaching in the Time of COVID-19: A Study of Contractual Terms and Conditions of Selected Online Services. European Intellectual Property Review, 42 (9), pp. 548-555
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Data were obtained from the terms of nine online services used for the purposes of education during the COVID-19 pandemic (being Discord, Facebook, G-Suite for Education, Jitsi, Microsoft Teams, MoodleCloud, Skype, Zoom and YouTube). Legal analysis is focussed within the EU context (CDSM Directive, InfoSoc Directive).
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • 27 April 2020
Funder(s):

Abstract

“The spread of the COVID-19 virus forced educational institutions to transition to online education. This contribution analyses, through the lens of copyright law, the terms and conditions of some selected online services used to deliver remote teaching. The study highlights the most problematic terms and their detrimental effects on remote teaching by focusing on copyright ownership, liability, and content moderation.”

Main Results of the Study

[[Has plain-text proposition::• Whilst all platforms observed reassure teachers that the copyright in their work is retained, many licence grants vary in the extent to which rights are transferred. Vague terms, such as the grant of rights to use upload or shared content to ‘improve the service’, may result in a loss of control over the teacher’s content (even if in principle the title of ownership still vests with them).

• All platforms observed place the onus on the teacher to ensure that any materials they upload to the platform do not infringe a third-party’s copyright. Some platforms also extend this obligation to students who share content. Unless Higher Education Institutions can provide a secure online environment through which to benefit from the new education exception in the CDSM Directive, expensive licensing agreements may be anticipated.

• Most platforms observed offer a means of notice and takedown, with the exceptions of Moodle and Jitsi. Most also offer a counternotification system, with the exception of Microsoft Teams and Skype. Content removal, and termination of accounts, may nonetheless be possible through broad disclaimers offered by Discord and Jitsi; that ‘in its sole discretion,[may] suspend, alter or stop providing the service, for any or no reason, including breach of the terms or suspected misconduct(e.g. copyright infringement).’]]

Policy Implications as Stated By Author

Whilst the study does not make any explicit policy recommendations, the authors find that the terms of teaching platforms ‘can make remote teaching more complicated than it should be’. The study recommends that Higher Education Institutions explore institutional solutions to setting their own terms of use for teaching materials.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 9
Level of aggregation: Platforms
Period of material under study: 27 April 2020