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Copyright and Creative Commons licensing for South African educators
The document provides an overview of copyright and creative commons licensing, tracing its origins and legal framework, particularly in the South African context. It explains what can be copyrighted, the limitations of fair dealing, and the significance of alternative licensing options like creative commons and copyleft. It also highlights best practices for obtaining permission and attributing works, as well as resources for accessing open educational resources (OER).
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Copyright and Creative Commons licensing for South African educators
- 1. Copyright & Creative CommonsLicensing BY FAYYAAD HENDRICKS. Based on a presentation by Glenda Cox VS©
- 2. What is copyright? Acollection of exclusive rights Given to creators and authors To protect their original works CC-BY Fayyaad Hendricks
- 3. But where didit come from? • Blame the English. • Established by English Parliament in 1662 as a way of controlling unregulated copying of books after the introduction of the printing press • Established by the US in 1787 to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. https://en.wikipedia.org/wiki/Copyright
- 4. Copyright • What canbe copyrighted? Any work which is not an exact copy of someone else’s work • Can ideas be copyrighted? No… only expression of ideas are copyrighted... • Can copyright be transferred? Yes, an author can assign copyright to another person, as in the case of property Is this too close a representa Does it fall afoul of copyrigh
- 5. What does “Allrights reserved” mean? • You may not reproduce the work in any form • Fair use / Fair dealing for classroom use, with limitations • Permission/royalty payments to author for reproduction • You may not use the work on the Internet without permission
- 6. Copyright: South AfricanContext • South African copyright law is codified in the SA Copyright Act of 1978 (amended 2002) • Fair Dealing instead of Fair Use (described in Section 12):Copyright shall not be infringed by any fair dealing with a literary or musical work (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purpose of reporting current events (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film; Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work.
- 7. What are acceptablelimits of Fair Dealing? http://libguides.wits.ac.za/c.php?g=145347&p=953446 Section 12 (2-4) allow the following without permission: • Quotation (a fair portion) • 'By way of illustration' for teaching purposes (e.g. in a PowerPoint presentation). However, if you want to circulate the PPT slides to students, you will need to clear copyright for those copyright works used in the PPT, or exclude them before circulating the slides.
- 8. Fair Dealing quantitiesare not defined by the law! Generally accepted amounts that one can copy for educational and research purposes: 10% of a book or one chapter (whichever is the greater) 1 article from a journal issue A full case study or full law report Copying just one page may not always be fair, if it is the essence of the work. One has to use one's discretion when copying other people's works. Use only what is necessary for making the point.
- 9. The Problem: Traditional ©designed for old distribution models “Piracy is robbery with violence, often segueing into murder, rape and kidnapping. It is one of the most frightening crimes in the world. Using the same term to describe a twelve-year-old swapping music with friends, even thousands of songs, is evidence of a loss of perspective so astounding that it invites and deserves the derision it receives.” ― Nick Harkaway, The Blind Giant CC-BY Fayyaad Hendricks
- 10. Is loss ofcopyright a bad thing?
- 11. Then again, copyrightitself is not an evil
- 12. Although this isstill debatable…
- 13. An Alternative toCopyright licensing Previously copyright was binary: All rights retained or public domain Now alternative licensing options such as the GNU General Public License and Creative Commons provide a range of options where some rights are reserved Public Domain Copyright© Public Domain Some rights reserved Copyright©
- 14. Enter Copyleft… Copyleft isthe practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works down the line. Copyleft software licenses are considered protective or reciprocal, as contrasted with permissive free software licenses. - Wikipedia
- 15. In 2017, morethan 1.2 billion works have been licenced under Creative Commons https://stateof.creativecommons.org
- 16. Legal and Technical LegalCode, Human Readable Deed, Meta-Data http://creativecommons.org/licenses/
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- 18. Used in TheIron Man feature film
- 19. Creative commons givescreators a choice Some rights reserved but sharing made easy and legal.
- 20. Summary of OpenLicenses
- 21. Creative Commons licenses Attribution Attribution- NonCommercial - NoDerivs Attribution - NonCommercial - ShareAlike Attribution - NonCommercial Attribution - NoDerivs Attribution - ShareAlike
- 22. Combining Creative Commonslicenses
- 23. But isn’t CreativeCommons Licensing preventing creators from making a profit?
- 24. But why shouldI share what I worked on? • Sharing begets sharing • “Shoulders of giants” – allows others to use your wor • Attribution • Contribute to the global body of knowledge • Doesn’t discriminate • Goodwill – sharing community https://creativecommons.org/wp-content/uploads/2017/04/made- with-cc.pdf
- 25. Can someone elseuse the work commercially? But the work must also be CC-BY-SA Commercial use? New versions? But the new work must also be BY-NC, but under any of the other compatible licenses But the work must also be CC-NC-BY-SA
- 26. Evaluating your mediaresources • If resource falls under copyright protection, either: • Recreate the resources using office or online tools • Replace the resource with a similar resource by finding an open source alternative or by creating your own resource • Obtain permission from the author, publisher, editor, organization who holds the copyright • Reconsider if the resource is really necessary
- 27. Take care tocheck… • Copyright of – Pictures – Graphics – Texts
- 28. Obtaining copyright permission •The UCT library has a resource on obtaining copyright permission to distribute material to students. • http://plo.uct.ac.za/user.php • E-mail the publisher. • If the document rights holder cannot be located, you cannot use the resource.
- 29. Best Practices forAttribution • TITLE • AUTHOR • SOURCE – LINK TO WORK • LICENSE – NAME + LINK House of Knowledge Variation1 by Adrien Sifre CC BY-NC-ND
- 30. http://google.com/docs http://www.gliffy.com/ But What ifI REALLY need a piece of content?
- 31. But how differentdoes it have to be? Answer: Not very.
- 32. How do Ilicense my work? Licensing your work is easy. No registration is required. You simply add a notice that your work is under CC BY. Here’s how
- 35. • You canedit the text for your specific project. • Go to http://creativecommons.org/choose
- 36. So now thatI have one, what do I do with it? Paste where you usually put copyright info: Copyright and Creative Commons by Fayyaad Hendricks. Licensed under a Creative Commons Attribution 4.0 International License.
- 37.
- 38. How to findOER via Search Engines
- 40. How to searchvia the Creative Commons site
- 43.
- 44. Recorded & VideoTutorial Platforms www.khanacademy.org/ http://ocw.mit.edu/courses/audio-video-courses/ http://webcast.berkeley.edu/ http://oyc.yale.edu/ www.openculture.com/freeonlinecourses https://itunes.apple.com/us/app/itunes-u/
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- 49. Credits • Original presentationby Glenda Cox, remixed by Fayyaad Hendricks • Prepared by: Finding OER slides • See Glenda’s Presentations at Slideshare: https://www.slideshare.net/GlendaCox1 • Henry Trotter – henry.trotter@uct.ac.za / trotterhenry@hotmail.com • Slides inspired by the presentations of Paul Stacey, Shihaam Shaikh, and the Open Professionals Education Network (OPEN). • See Paul Stacey’s OER presentations at: http://www.slideshare.net/pstacey • See Shihaam Shaikh’s “Finding Open Stuff” presentation at: https://open.uct.ac.za/handle/11427/2346 • See also the “Find OER” site by the Open Professionals Education Network (OPEN): https://open4us.org/find-oer/
Editor's Notes
- #9 For example: 10% of the Bible (King James Version) includes Genesis, Exodus, Leviticus, Numbers, Deuteronomy, Joshua, and half of Judges (if we go by chapters alone). 10% of the entire Harry Potter series is the first book and half the second, and no one in their right mind can conscionably copy one and a half books and call that fair use! 10% of the Lord of the Rings covers Bilbo’s farewell party, Frodo’s flight from the Shire, the journey through the Old Forest, and their encounter with Tom Bombadil (if we go by chapters alone).
- #10 There is a growing problem which you may already be aware of – the fact that copyright law is having trouble keeping up with technological change, especially with a technological advancement called the Internet. Today more than ever before we can share copies of materials, whether they are textbooks, songs, videos, or emails, with the click of a button. But the law, which was designed before this was possible, says most of this is pretty much illegal unless you ask for express permission each and every time.
- #11 George Romero’s Night of the Living Dead was never copyrighted. It has grossed more than $30 million worldwide since release, and is considered one of the most successful horror films to be made. Without this film, we would not have the modern interpretation of zombies, and no Thriller, no World War Z, no Walking Dead, and say goodbye to hundreds of video games that feature zombies as stock opponents.
- #12 The original purpose of copyright was to foster creativity and creation of new material, instead of having everyone rehash the same content over and over again. Star Wars has its origin as a Flash Gordon remake that George Lucas could not obtain the rights for. So instead he wrote his own thing, and Star Wars today is now a bigger phenomenon than Flash Gordon. Star Trek had is origins as the 1956 sci-fi film, Forbidden Planet. The Looney Tunes are a side-effect of copyright, and were created as a riff of Disney’s Silly Symphonies back in the 1930s. Naturally, they grew in their own right as the characters we know and love today.
- #13 Fifty Shades of Grey started life as Twilight fan-fiction, and it’s debatable that the world of literature has been poorer for it.
- #14 One of the key initiatives enabling the legal sharing and re-working of materials has been the development of alternative licensing systems (sometimes collectively called FOSS – Free and Open Source Software). Previously copyright was binary: All rights retained or public domain. Now alternative licensing options such as the GNU General Public License (http://www.gnu.org/licenses/gpl.html) and Creative Commons provide a range of options where some rights are reserved.
- #16 https://stateof.creativecommons.org
- #17 Paul Stacey Creative Commons web site: http://creativecommons.org e-mail: pstacey@creativecommons.org blog: http://edtechfrontier.com presentation slides: http://www.slideshare.net/Paul_Stacey This allows search engines to index and find content that has been alternately licensed, with a legal backing, and in a way that humans can read and understand.
- #20 Paul Stacey Creative Commons web site: http://creativecommons.org e-mail: pstacey@creativecommons.org blog: http://edtechfrontier.com presentation slides: http://www.slideshare.net/Paul_Stacey
- #24 See the work of Corey Doctorow for a good example.
- #25 For many more success stories and reasons to do with sharing via Creative Commons, including a story about South African success story Siyavula, see the free book “Made with CC”: https://creativecommons.org/wp-content/uploads/2017/04/made-with-cc.pdf
- #27 Once we have identified something we would like to share, we need to scrutinize it for any potential third party copyright considerations. This is the least fun part of the process! Remember that textual quotes or references from scholarly materials are ok to include as long as you reference properly. The problem is usually media, images, charts, graphs, etc. Often we create materials that use other’s content simply because we found it online – remember online does not necessarily mean open! If you have used content which you do not have the right to share openly, you have three options: Replace the resource with an openly licensed alternative Obtain permission from the publisher, author, or organization that holds copyright (we have seen this work!) If all else fails – reconsider using the material at all
- #29 Copyright clearance centre: http://plo.uct.ac.za/user.php
- #30 It’s up to you where you want to give attribution, but wherever you include it, we recommend including the following pieces of information. So we have a detailed best practices for attribution guide with examples by medium. But if you need a quick acronym to reference, we recommend using “TASL”– which stands for Title Author Source License. TASL is even used with elementary aged children because it’s so easy to remember. Title and Author are self-explanatory. Source means link to the original work where you accessed it on the web; and License means the name of and link to the license, for example CC BY or Creative Commons Attribution, and a link to the license as specified in your SGA. The link is very important because that’s how people who don’t know what Creative Commons is know what they can and can’t do with a work.
- #31 Copyrighted diagrams and charts can be recreated using popular office applications such as PowerPoint, Excel, or Word. This also allows the creator to put their own spin on the media – maybe even making it better and improving their thinking about it GoogleDocs and Gliffy are online diagram creation tools which are free and easy to use for diagram creation.
- #33 There is no registration process to CC license something. You simply have to add a notice to your work that it is under CC BY. And we’ve made it easy for you to do so through a tool we have developed..
- #36 http://creativecommons.org/choose
- #37 You will copy and paste that text into your document wherever you usually put the copyright information. So here’s an example of that here. You can see that the text reads, “This work…”
- #38 First of all, it is possible to find a lot of good OER via Google, especially through the Google Advanced Search function found here: http://www.google.com/advanced_search This is what the Google Advanced Search page looks like. It includes numerous parameters for helping specify exactly the type of materials that you are seeking. Towards the bottom of the Google Advanced Search page is a bar which allows you to specify the “usage rights” of the items you are looking for. This is crucial for finding OER, as opposed to simply “any” type of educational resource.
- #39 The “usage rights” bar in Google Advanced Search allows you to specify which type of license you want to limit your search to. While the first option (“not filtered by license”) will return a mix of results that are likely open and closed, the next options will limit the search results to only those items which have the appropriate “open” license.
- #40 These are the results for the search string “introduction to biology” as delimited by the last usage right option listed on the Google Advanced Search page, “free to use, share or modify, even commercially”. As is clear, the results tend to come from sites that are well-known for supporting openly licensed materials, such as Wikipedia and saylor.org.
- #41 The Creative Commons site (http://search.creativecommons.org/) provides a meta-portal through which you can search for openly licensed materials through various search engines, such as Google, Flickr and YouTube. The site is not a search engine, per se, but is a useful portal for accessing other sites in a way that ensures that all of the results are of only items that have a Creative Commons license on it. Thus, instead of going through the Google Advanced Search to find openly licensed materials, you can use the Creative Commons search portal and specify that it search for openly licensed materials via Google.
- #45 Of course, UCT is not alone in sharing open educational resources. Indeed, numerous universities and organizations around the world have been providing content for free for years. It started with MIT’s OpenCourseWare initiative more than a decade ago, and has been followed by many other education providers. The following a just a small list of organizations provided recorded lectures and video tutorials that are licensed for open use. See: Khan Academy: https://www.khanacademy.org/ MIT: http://ocw.mit.edu/courses/audio-video-courses/ UC Berkeley: http://webcast.berkeley.edu/ Yale: http://oyc.yale.edu/ Open Culture: http://www.openculture.com/freeonlinecourses iTunes U: https://itunes.apple.com/us/app/itunes-u/id490217893?mt=8 Harvard on iTunes: http://www.harvard.edu/itunes Stanford on iTunes: https://itunes.stanford.edu/ Oxford on iTunes: http://www.ox.ac.uk/itunes-u
- #46 For repositories that provide open books or open textbooks, you can also see: Project Gutenberg: https://www.gutenberg.org/ Open Culture: http://www.openculture.com/free_textbooks IntraText: http://www.intratext.com/ Siyavula: http://www.siyavula.com/ CK-12: http://www.ck12.org/ College Open Textbooks: http://www.collegeopentextbooks.org/ OpenStax College: http://openstaxcollege.org/ BC Campus Open Ed: http://open.bccampus.ca/
- #47 For educators’ PowerPoint presentations, which are often given in conference and workshop venues, see: SlideShare: http://www.slideshare.net/ SpeakerDeck: https://speakerdeck.com/ SlideSnack: http://www.slidesnack.com/ Author Stream: http://www.authorstream.com/share-presentations-online/
- #48 For sites offering open simulation and animation sources, see: Bitstrips: http://www.bitstrips.com/ XKCD: http://xkcd.com/ PhET: https://phet.colorado.edu/ Best Animations: http://bestanimations.com/
- #49 For sites offering open modular course components, see: Wikiversity: https://www.wikiversity.org/ Curriki: http://www.curriki.org/ Connexions: http://cnx.org/ Merlot: http://www.merlot.org/merlot/index.htm WikiEducator: http://wikieducator.org/Main_Page Jorum: http://www.jorum.ac.uk/