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JISC Legal National Stem Programme OER & Creative Commons Workshop York
This document provides an agenda and overview for a workshop on open educational resources (OER) and Creative Commons licensing. The workshop will cover topics such as copyright, choosing a CC license, including third-party content in OERs, and tips for avoiding intellectual property issues with OERs. It includes scenarios for discussion and information on sources of support for OER licensing questions.
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JISC Legal National Stem Programme OER & Creative Commons Workshop York
- 1. OER and CreativeCommons A guide to law, copyright and open licensing December 2011 79 SCORE / JISC Legal Workshop
- 2. Hi! John XKelly JISC Legal [email_address] 0141 548 4939 www.jisclegal.ac.uk
- 3.
- 4. 10:00 – 10:15Welcome and introduction 10:15 – 10:45 What You Need To Know About Copyright for OER 10:45 – 11:30 Getting to Know Creative Commons 11:30 – 12:00 Choosing a CC Licence – the Consequences 12:00 – 13:00 Lunch 13:00 – 15:00 Including Other People’s Stuff in Your OER 15:00 – 15:30 Tea/Coffee 15:30 – 15:45 Top Tips for Avoiding OER IPR Trouble 15:45 – 16:45 Case Studies 16:45 – 17:00 Final Questions and Discussion
- 5. What time areyou leaving? The bitter end (5pm) Nipping away a few minutes early The 4pm train was cheaper You’ll be lucky to see me after lunch I should be at the shops by now
- 6. When it comesto IPR... I’m confident I’ve a fair idea I dabble I ask others I hide in the toilet
- 7. Copyright in OneSlide Copyright controls copying and other ‘restricted acts’ You must own copyright, or have the permission of the copyright holder, in order to do the ‘restricted acts’ A few education-relevant exceptions
- 8. Who Owns TheCopyright? The author / creator in general The employer (s.11 CDPA 1988) Commissioned materials: contractor has copyright unless otherwise stated Assignment and licensing
- 9. I Just WantSome Content Use out-of-copyright material Use ‘open’ licence copyright material (though be aware of conditions!) Use copyright exceptions Use blanket licence
- 10. I Want THATContent Check it is in copyright Consider whether an exception applies Consider the use of a blanket licence Obtain permission directly Do not ignore copyright
- 11. ... the factthat our system of communication, teaching and entertainment does not grind to a standstill is in large part due to the fact that in most cases infringement of copyright has, historically, been ignored... “ ” Mr Justice Laddie
- 12. Top Tip 1Copyright is good! How to use other people’s stuff online Confidence! Facilitation, not Compliance
- 13. Top Tip 2Find out what you’ve got before you go shopping – you’ve got ingredients already! Blanket licences Open licences Look in the Pantry!
- 14. Top Tip 3Where circumstances and purposes allow, let users do it for themselves Let Users Deal Fairly
- 15. Top Tip 4Exception for examinations Summative assessment The Examination Creation
- 16. Top Tip 5Licences are key Licences set bounds Blanket licences Negotiating licences Licensed to Inspire
- 17. Top Tip 6Find out what licences you hold Understand what they allow Tell your staff JISC Legal resource Spread the Licence Word
- 18. As to useof licences we hold... We’re on the ball We have a passing knowledge We muddle on, and keep our head down We hope no-one notices Don’t know
- 19. Top Tip 7Change of focus Having isn’t enough Understanding reuse in the digital world Make Holdings Into Usings
- 20. Top Tip 8Seeking permission isn’t always tough Prepare for “no” and silence Consider a central function Ask!
- 21. Top Tip 9Efficient, effective e-learning Support and assistance Clear ownership Copyright on the Agenda
- 22. Top Tip 10Sources of information and guidance Who is it at your institution? JISC Legal Licence providers Lots of help! Born to Make You Happy
- 23. Getting to KnowCreative Commons
- 24. Creative Commons Licences1 Just a licence, like any other Standard terms Familiarity Legal status “debate” Other licences are available...
- 25. Creative Commons Licences2 Irrevocable / Perpetual Summary / Legal Code / Symbols Elements / Components Porting and Versions When is a CC licence not a CC licence?
- 26. Creative Commons Licences3 CC 0 CC BY CC BY-SA CC BY-ND CC BY-NC CC BY-NC-SA CC BY-NC-ND
- 27. CC Licences ElementsBY – the attribution element NC – the non-commercial qualification ND – the non-derivative qualification SA – the ShareAlike qualification
- 28. BY – theArt of Attribution Who needs to be attributed? In what form do they have to be attributed? What if it’s not practical to attribute? The problem of ‘attribution stacking’
- 29. NC – Cutthe Commerce! What does ‘non commercial’ mean? Applies to the activity, not the organisation Remedies for commercial ‘breach’ Control, not prohibition
- 30. ND – Don’tGet Derivative What is a derivative? How much change can I make? Collections Control, not prohibition
- 31. SA – ShareAlikeFuture adaptations have the same permissions as the original
- 32. Interoperability and BlendingTools at: www.web2rights.com/creativecommons Wizard 1: given materials, which CC licence can I use? Wizard 2: given a CC licence, what can I include? Open Government Licence (OGL) compatible with CC BY
- 33. Some Scenarios forDiscussion Alphaville University decides it wishes to make its courseware available more openly to raise its profile and attract interest. It chooses a CC BY-NC-ND licence. A good choice?
- 34. Some Scenarios forDiscussion Bucks Fizz College decides it wishes to develop and promote a community of business tutors collaboratively creating materials across the education sector. It chooses a CC BY-NC-SA licence. A good choice?
- 35. Choosing a CCLicence – the Consequences
- 36. The Consequences ofthe Choice Irrevocable But relicensing possible Choice of licence limits not only use, but what can be included Nothing’s barred... but people don’t ask
- 37. The Consequences ofthe Choice CC-0 BY - attribution NC – non-commercial restriction ND – non-derivative restriction SA – ShareAlike restriction
- 38. Some Scenarios forDiscussion JISC Legal originally licensed its materials under a short, bespoke licence, allowing liberal use in the education context, but restricting commercial use and requiring permission for adaptation. It’s now moved to a CC BY licence. What were we thinking?!
- 39. Some Scenarios forDiscussion The University of Jiscadvancia would like to share its materials more widely, but has reservations about rival institutions and commercial bodies benefitting from reuse of the materials. How would you advise them on the potential use of a CC licence?
- 40. Including Other People’sStuff in Your OER
- 41. Understanding the CCLicences A learning curve for projects, creators and rights holders The “not quite CC” syndrome Issue 1 Solution Education and changing perceptions Understanding CC as permissions Understanding CC compatibilities etc
- 42. Which licence foryou? CC-0 CC BY CC BY-SA CC BY-ND CC BY-NC CC BY-NC-SA CC BY-NC-ND Various / non-CC Don’t know
- 43. The Patchwork QuiltA world of rich content and bright lights... often means many licences Issue 2 Solution Accepting limitations Changing approach to development Encouraging open, simple licensing
- 44. What’s the expectedaudience? UK local/regional UK national European English-speaking global Global Very varied Don’t know
- 45. Any Storm ina Port? Ported v unported licences Over focus on jurisdiction Issue 3 Solution Recognising the audience Improved understanding of CC
- 46. What’s Your Attitudeto IPR? Anarchist Boundaries need pushed Pragmatic, not pedantic Conservative & cautious Strongly risk averse Not sure
- 47. Let’s Get Risqué!Altruism, anarchy, openness, transparency, copyright = copywrong Issue 4 Solution Recognition of IPR risk in OER A low risk threshold? Champion risk-free resources
- 48. Institutional attitude toOER Strong buy-in at all levels Staff buy-in, but senior management untested Project is testing the waters Some institutional barriers Not sure (yet!)
- 49. Yours, Mine, andMinefields Ownership of IPR in academic work Denial, and sensitivities Issue 5 Solution Senior management buy-in Staff and student buy-in A diplomatic approach to OER
- 50. How much thirdparty content? The vast majority Lots Some A little None Large variations Don’t know
- 51. Asking the World...Getting third party permissions The world isn’t changing fast enough Issue 6 Solution Getting buy-in (not just legal) Accept limits / alter current approach Wait
- 52. Including Other People’sStuff Don’t ignore the issue Get permission Create an original replacement Link or refer to the third party material Include, with a warning as to licence limits
- 53. Use of Licences& Statutory Exceptions Limited Blanket licences do not allow inclusion Few commercial licences allow inclusion Fair dealing for research Fair dealing for criticism/review
- 54. Scenario – UsingAudio The mathematics department at the University of Central England have recorded several ‘vodcasts’ and wish to add some music to make them more interesting, before making them available as OERs. How would you advise?
- 55. Scenario – UsingVideo A consortium of institutions wish to devise an OER dealing with preventing violence in demonstrations, using a selection of clips from television and films as material for discussion. How would you advise them?
- 56. Audit Trail Lackof formalities Evidence of permission depends on risk Find the right balance – not easy Exercise reasonable scepticism over the right to grant permission
- 57. Appraising the ApproachesGetting permission Including under a separate licence or exception Linking or referencing Recreating
- 58. Top Tips forAvoiding OER IPR Trouble
- 59. OER Without (Legal)Tears Copyright isn’t going to change much – live with that, and accept the legal reality Be mindful of tensions and sensitivities – CC involves giving something away, forever Avoid of complex licensing – it’s easy for things to get out of hand. “Link and split”!
- 60. OER Without (Legal)Tears Focus on using what’s available, rather than what you can’t have (easily) Promote change in the creative world – many people do want to share, but the legal default is set otherwise Get clarity as to ownership of copyright works, before they are created
- 61. OER Without (Legal)Tears Help out users – define your terms such as attribution and commercial use Use and contribute CC licensed material to repositories, databases and collections Move copyright up the agenda. The potential benefits (and savings) are huge.
- 62. OER Without (Legal)Tears Use the support that’s available. You don’t need to do it on your own.
- 63. Sources of Supportwww.jisclegal.ac.uk www.web2rights.org.uk www.web2rights.com/OERIPRSupport/ www.creativecommons.org
- 64. Sources of Supportwww.jisc-collections.ac.uk JISC’s collective licensing organisation www.ipo.gov.uk The UK Government-backed home of intellectual property on the Internet
- 65.
- 66. The Lecture AUS academic gives a lecture on global environmental changes at your institution. You video the talk including the slides and put it on your intranet. Written materials are provided by the speaker. These were written as part of the speakers work at her institution and contain substantial quotes from works by other authors which she says are covered by fair use. Your team leader tasks you with OER ing the lecture and the speakers notes. He is particularly keen that you use a CC licence.
- 67. The Blog Youdecide that a blog that has been around for some time in your department and that was originally set up and maintained by a senior colleague that has now gone off to Brazil to retire should be preserved and made more use of by the community. Several of the blogging contributors had posted materials from journals and magazines as well as Wikipedia and other internet stuff. After looking into it you realise that some of the blog posts have been reproduced in an activist newsletter with attribution but with substantial changes that alter arguments made by original contributors.
- 68. Final Questions andDiscussion
- 69.
- 70.
Editor's Notes
- #2 CC allows the free use/ transfer of resources to others without the costly and timely copyright permissions process. With 450 projects across the Programme lots of fantastic resources being generated, CC is the natural way to allow third parties to build upon the excellent body of work coming from these projects whilst also acknowledging the authorship of the creators.
- #9 Students ? Learners?
- #15 learners
- #16 The 'examination exception', in s.32(3) of the Copyright, Designs and Patents Act 1988 states that: “ Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions, provided that the questions are accompanied by a sufficient acknowledgement.” Firstly, it should be noted that this exception is not a fair dealing right - there is no requirement to show fairness in order to rely on it. Provided there is compliance with the section’s conditions, there will be no infringement of copyright.
- #26 http://creativecommons.org/licenses/by-sa/3.0/
- #31 adaptation
- #32 The purpose of a Share Alike license is to ensure that all future adaptations and derivatives of a work carry the same permissions as the original. Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license.
- #33 These Creative Commons Compatibility Wizards can be used to determine the range of Creative Commons licences which are compatible with each other when blending Creative Commons licensed resources to create new Open Educational Resources. Further information can be found at: www.web2rights.com/OERIPRSupport Use Wizard 1 if you want to take Creative Commons licensed resources, blend them in an OER, and make your OER available under a single Creative Commons licence. Wizard 1 will tell you which Creative Commons licences are compatible. Use Wizard 2 if you have already chosen which Creative Commons licence you want to use to license out your OER, and want to know which Creative Commons licensed resources you can blend in your OER, which would be compatible with your chosen end-use licence. It is not possible to relicense someone else’s Creative Commons licensed work. It is possible to disseminate someone else’s Creative Commons licensed work in its entirety, either by itself or as part of a collection, but the original licence will continue to apply to that work. It is possible to relicense an adaptation of a Creative Commons licensed work, provided the original licence is not ND restricted (in which case no adaptation can be made without further permission). Where the original work is SA restricted, the adaptation can only be made under the same CC licence as the original. It is possible to blend an SA licensed work with works with the same conditions (e.g. CC BY SA with CC BY SA) or lesser restrictions (CC BY NC with CC BY SA), as long as the final product of the re-mix is licensed under the same CC SA licence as the original. Two different CC SA licences (e.g. CC BY NC SA and CC BY SA) cannot be mixed. Where an intact Creative Commons licensed work is included with other works, two layers of copyright will exist – the original work will remain licensed under its original licence, but there will also be copyright in the selection and arrangement of the materials in the compilation – and this may be under any licence compatible with the content’s licences.
- #41 Upstream rights You have some issues to get sorted out