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Navigating 21st Century Digital Scholarship: OERs, Creative Commons, Copyright, and Library Vendor Licenses

The document discusses navigating digital scholarship in the 21st century, focusing on topics such as Open Educational Resources (OER), Creative Commons licensing, copyright literacy, and library vendor licenses. It emphasizes the importance of understanding licensing terms and copyright laws to effectively use and share educational materials. Additionally, it outlines strategies for educators and librarians to provide outreach and resources for copyright education within academic settings.

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NAVIGATING 21ST DIGITAL SCHOLARSHIP: OPEN EDUCATIONAL RESOURCES (OERS), CREATIVE COMMONS, COPYRIGHT, AND LIBRARY VENDOR LICENSES CHRISTINA GEUTHER, ELECTRONIC RESOURCES LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES RACHEL MILES, DIGITAL SCHOLARSHIP LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES HEATHER SEIBERT, SCHOLARLY COMMUNICATION, EAST CAROLINA UNIVERSITY
OUTLINE  Heather (OER, CC)  Introduction to OERs  Identifying CC materials  Citing with CC  Creating a CC license for your work  Rachel  Copyright literacy education  Outreach  Workshops  Consultations  Online educational materials  Christina (via Rachel)  Vendor license terms  Primo integration  Best practices for everyday user’s understanding & search process
NAVIGATING 21ST CENTURY DIGITAL SCHOLARSHIP: Heather Seibert, Research and Scholarly Communications East Carolina University seiberth17@ecu.edu Open Educational Resources (OERs), Creative Commons Open Educational Resources (OERs), Creative Commons, Copyright and Library Vendor License All slides in this section of the presentation are CC BY SA
• What are OERS • Creative Commons • History • Types • Where to look • Giving Credit/Citation • Creating a License • Court Cases • Wrapping up
Retain Reuse ReviseRemix Redistribute Open Educational Resources (OER) are teaching, learning and research materials in any medium that reside in the public domain or have been released under an open license that permits no-cost access, use, adaptation and redistribution by others. -OER Commons
Textbooks Syllabi Curricula Tests Projects Animation Video Audio Lecture notes And MORE
• Copyright • Fair Use • Classroom Use Exemption (17 U.S.C. §110(1)) • TEACH Act (17 U.S.C. 110(2) • Public Domain • Creative Commons License
Copyright Creative Commons
Creative Commons is a license applied to a work is already under Copyright It’s not separate from copyright, instead it is a way to easily share copyrighted work.
Creative Commons meets copyright standards in the US and Internationally • LEGAL CODE: Legal tool and in a language and text format Lawyers know • HUMAN READABLE: A format that the average person can Read and Understand the key terms and conditions • MACHINE READABLE: Includes a summary of the key freedoms and obligations written in a format that software systems, search engines and other technology can understand.
• 1.1 Billion Openly-Licensed Works • 34 + Different Languages • 136 Billion views
YOU PROBABLY HAVE SEEN MATERIALS LICENSED UNDER CC AND DON’T REALIZE IT!
Creative Commons Search
Creative Commons Search Beta Site
Youtube: can filter results after searching
• credit the creator; • provide the title of the work; • provide the URL where the work is hosted; • indicate the type of license it is available under and provide a link to the license (so others can find out the license terms); and • keep intact any copyright notice associated with the work • Be sure to include as derivative (if you do)
“Bench with a view”by eltpics Or “Bench with a view”by eltpics CC-BY-NC 2.0
This work, “I need a vacation”, is a derivative of “A Bench with a View” by eltpics, used under CC BY NC. “I need a vacation” is licensed under CC BY NC by Heather Seibert. Figure 1. I need a vacation, Heather Seibert, 2018, NASIG slides. Under Creative Commons Attribution-Share-Alike – non commercial 4.0
APA REFERENCE LIST Eltpics. (2016). “Bench with a View.” flickr. https://www.flickr.com/photos/elt pics/30877770544/
CC0
Snow Day by Heather Seibert CC BY NC SA
CREATIVE COMMONS
Creative Party CC BY SA 4.0
*Be aware of your CC license
Dismissed in 2017 on the grounds that FedEx was not making profit on materials only on printing services FedEx. School Representatives used FedEx to print materials for classroom distribution Great Minds (GM) : K-12 Curriculum for Schools published under the CC BY-NC-SA 4.0 Great Minds v. FedEx 2016
Copyright — all rights reserved — and the public domain — no rights reserved. CC license helps you keep your copyright while allowing for certain use of your work— a “some rights reserved” copyright. - Benefits  provides global recognition  has international application  easy to understand, find and choose  remix ready  remix ready  assists with internal rights management  reduces license proliferation  offers integrity in its licensing model  supports community building & a culture of sharing  provides access to infrastructure & support materials. *Creative Commons is legally sound.
COPYRIGHT LITERACY & EDUCATION RACHEL MILES
COPYRIGHT LITERACY EDUCATION How did I approach copyright?  “Can I use this?” Questions from faculty, students, staff  Copyright consultation requests & copyright questions  Lots of investigative work  Follow the Framework for Analyzing any U.S. Copyright Problem!  But, without a thorough understanding of:  Public performance rights  Performance Rights Organizations (PROs)  Music Blanket License Agreements  Electronic Resource Licensing  Copyright Exemptions  …I was sometimes researching my answers for hours! Step 1: Awareness of my Lack of Copyright Knowledge Image derivative of “Yellow Brick Road” by Don, CC BY-NC-SA
FRAMEWORK FOR ANALYZING ANY U.S. COPYRIGHT PROBLEM 1. Does it have copyright protection? 2. Does it have an existing license? 3. Is there a specific exemption that covers my use? 4. Is my use covered by fair use? 5. Do I need permission from the copyright holder for my use?
COPYRIGHT LITERACY EDUCATION Copyright: A Self-Education Journey  Completed MOOCs  Copyright for Librarians and Educators  Copyright for Multimedia  CopyrightX at Harvard Law School  Read Books  Read articles & blogs  Thoroughly researched consultation questions  Consulted ERL, Christina Geuther  Improved copyright website Step 2: My Research & Education CC0
COPYRIGHT LITERACY EDUCATION  Emails exchanged about consultations, scenarios on campus  Realization of our areas’ overlap  Decided to create a LibGuide  Meanwhile, other resources created  Some resources created as a result of creating LibGuide  Learned from each other Step 3: Collaboration & Resource Creation CC0
COPYRIGHT LITERACY EDUCATION  “I have heard conflicting things about film presentation here. At my last university, the stance was that if the target audience was the university community and it was a free event, then it was fine to show any films. Here at KSU, I've heard that, as well as that you can only show public domain films, can show anything the library has in its collection (including Kanopy), and / or can only show movies that it pays distributors for? What is the stance of the university, please? Regarding the event, the students were going to show 3 films over two days in (they hoped) the union or a classroom. The films were going to be free and open to the public, with some off campus advertising.” Step 4: Outreach & Education to Campus Copyright Questions
FOLLOWING THE FRAMEWORK FOR FILM SHOWINGS Film Showings & Festivals LibGuide page 1. Can you show a film that is in the public domain? 2. A film with a Creative Commons License? 3. Is there a film available through the library streaming resources? 4. Can you purchase the Public Performance Rights (i.e., permissions)?
COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus Copyright Questions  “I attended your fair use workshop but still have questions. I am putting two history of architecture/interior design classes online. As you can imagine, every slide of every lecture contains an image. Only some of them are available in Creative Commons or through ARTstor. Here's my main question: When you quote text from a journal article or book, you put quotations around it and cite it. What about images from journal articles and books? Does it work the same way? Or do I have to do a fair use evaluation for every single image? That would be a nightmare. (maybe 50-100 images per lecture!) I need to be able to scan some floor plans, drawings and photos from books and journal articles. Looking forward to your response!”
FOLLOWING THE FRAMEWORK FOR EDUCATION Closed Online Classrooms 1. Link it out! 2. Public domain content 3. Creative Commons Licensed content 4. Library-licensed materials & streamed resources 5. TEACH Act (specific exemption) 6. Fair use 7. Permissions
COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus Copyright Questions  “I am trying to write my master's report and I plan to use charts from the attached document. I know that information available in the public domain can be used without requesting permission, however, I am confused if the attached document would be considered "public domain". It was available on the Department of Energy website, but is technically prepared by a company called Navigant. Would I need to request permission from Navigant to use their charts?”
FOLLOWING THE FRAMEWORK FOR ACADEMIC WORK & ETDRS Academic Work 1. Does it have copyright protection (i.e., is it copyrightable)? 2. Is it in the public domain (i.e., it had copyright protection & the term expired)? 3. Does it have an existing license (e.g., a library license)? 4. Can you rely on fair use? 5. Do you need to seek permission for your use?
COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus Copyright Questions  “I am performing at a regional competition next week and I am using a song published by the Tams-Witmark Music Library. Their website says that I can perform it for free if my school has an ASCAP license. I know that K-State does have an ASCAP but I am requesting permission from the General Counsel to perform this song for this purpose. I am in need of written validation to show my adjudicators at the Kennedy Center American Collegiate Theatre Festival next week.”
FOLLOWING THE FRAMEWORK FOR PUBLIC PERFORMANCES Musical and Theatrical Performances 1. Performing works in the public domain (no brainer!) 2. University blanket music license agreements (negotiated by General Counsel) 3. Other music license agreements & exemptions 4. Separate musical agreements for songs not in licensed repertories 5. Separate individual agreements for theatrical or dramatic works
COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus Copyright Questions  “A video of the Department of Apparel, Textiles and Interior Design's Showcase of Excellence runway show will be made and it will include music that falls under K-State's licensing from ASCAP or BMI. My question is: What do we need to do to retain the music and other audio when the video is made available on the department website following the event? Most likely it will play via YouTube.”
COPYRIGHT FRAMEWORK AND RECORDING PERFORMANCES Recording K-State Performances  Specific to K-State  Based on blanket music license agreements  Only permitted on K-State hosted websites  Cannot be uploaded to YouTube
FOLLOWING THE FRAMEWORK FOR ADDING MUSIC IN VIDEO Music in Video 1. Recording music in the public domain 2. Creative Commons Licensed Music 3. Royalty-free Music 4. YouTube – Music Policies 5. Fair Use 6. Synchronization (Sync) Licensing (i.e., permission)
COPYRIGHT LITERACY EDUCATION  Topics & Situations Addressed on new LibGuide:  Licensed K-State Content  Closed Online Classrooms  Emailing Content  SciHub  Downloading Journals  Data & Text Mining  Musical & Theatrical Performances  Film Showings & Festivals  Audiovisual Content/Videos  Music in Videos Step 4: Outreach & Education to Campus Image © Kansas State University http://guides.lib.k-state.edu/UsingContent
 Workshops, Instruction, Consultations  Feedback & Further Questions led to..  New pages on LibGuide:  Stock Images  Recording and sharing/publishing musical performances  New resources & learning objects:  Framework Infographic  TEACH Act Checklists  Four Factors of Fair Use  Context & Examples  Copyright tutorial  Copyright videos: 5 Facts & Exclusive Rights Step 5: Assess: Outreach & Feedback from Community COPYRIGHT LITERACY EDUCATION CC0
PRESENT VENDOR LICENSE TERMS AND BEST PRACTICES FOR THE EVERYDAY USER’S UNDERSTANDING AND SEARCH PROCESS
HOW ARE LICENSE TERMS DIFFERENT?  Terms restrict how US Copyright, Fair Use, Fair Dealing, etc., can be applied  Interpretations can be negotiated  Licenses in a library can be assumed to "override" many provisions of Copyright  Restrictions may affect:  How a resource is shared through ILL  Systematic downloading or mining  Citing the resource  Concurrent usage  Other situations CC0
WHAT CAN BE GENERALIZED ABOUT AGREEMENTS?  Licensee responsible use  Commonly prohibited activity can trigger a breach of contract  Language legalistic and requires interpretation by the institutional representative such as a licensing librarian Breach of Agreement by Nick Youngson CC BY-SA 3.0 Alpha Stock Images
PRESENTING THE INFORMATION IN THE SEARCH PROCESS  Problem:  Spike in suspicious activity at K-State  Solution:  Presenting license information in the search process  Alma has licensing record module: shows its fields in the discovery layer Primo  Now ILL and use restrictions appear as a viewing option  Outcome  Decreased referrals to the licensing librarian by patrons and staff alike
PRESENTING THE INFORMATION ON RESEARCH GUIDES  More areas of inquiry needed to be clarified  Instructions for viewing the terms in the discovery layer and interpretations for common university scenarios included in new LibGuide  Allowed behind-the-scenes in technical services to be at the frontlines of research  Most difficult part of process:  Generalizing terms and interpretations  Additional guide named every resource explicitly compliant with text and data mining
OUTCOMES  Licensing explanations meant for the patrons and faculty and library staff  Empowered and encouraged positive behaviors across the user population  Research guides provided:  License information as to why and how users can best use library resources  What ERL needed of the user to negotiate to be more relevant to the user and a more service- oriented perspective Empower by Nick Youngson CC BY-SA 3.0
QUESTIONS? COMMENTS? THANK YOU! CHRISTINA GEUTHER, CGEUTHER@KSU.EDU RACHEL MILES, RAMILES@KSU.EDU HEATHER SEIBERT, SEIBERTH17@ECU.EDU
HEATHER’S REFERENCES, LINKS AND BIBLIOGRAPHY About The Licenses - Creative Commons. (2014). from https://creativecommons.org/licenses/ Benefits of Using OER. (2018). Retrieved from https://oer.psu.edu/benefits-of-using-oer/ Best practices for attribution - Creative Commons. (2018). Retrieved from https://wiki.creativecommons.org/wiki/Best_practices_for_attribution Creative Commons — Attribution-ShareAlike 4.0 International — CC BY-SA 4.0. (2018). Retrieved from https://creativecommons.org/licenses/by- sa/4.0/legalcode Creative Commons and Creative Professionals | Mathys+Potestio. (2018). Retrieved from http://mathys-potestio.com/creative-commons-creative- professionals/ Downloads | The Universal Logo For Human Rights. (2016)). Retrieved from https://www.humanrightslogo.net/en/download Education / OER. (2017). Retrieved from https://creativecommons.org/about/program-areas/education-oer/ form, C. S. L. C. (2015, June 16). What are Creative Commons licenses? Retrieved from https://www.wur.nl/en/article/What-are-Creative-Commons- licenses.htm History. (2016). Retrieved from https://creativecommons.org/about/history/ How to give attribution. (2016). Retrieved from https://creativecommons.org/use-remix/get-permission/ Is New York’s decision to spend $8 million on OER a turning point? | Inside Higher Ed. (2018). Retrieved from https://www.insidehighered.com/digital- learning/article/2017/04/19/new-yorks-decision-spend-8-million-oer-turning-point Kravets, D. (2017, February 27). Odd lawsuit fails to ding FedEx for allowing copies of CC-licensed material. Retrieved from https://arstechnica.com/tech- policy/2017/02/odd-lawsuit-fails-to-ding-fedex-for-allowing-copies-of-cc-licensed-material/ Permissions Guide For Educators | OER Commons. (2018). Retrieved from https://www.oercommons.org/authoring/5800-permissions-guide-for- educators/view Photographer Loses Copyright Suit Over CC-Licensed Photo on Flickr. (2018) from https://petapixel.com/2015/08/24/photographer-loses-copyright-suit- over-cc-licensed-photo-on-flickr/ Seibert, H. (2016) Research Guides: Open Educational Resources: Home. Retrieved from http://libguides.ecu.edu/c.php?g=168838&p=1107859 Share your work. (2018) .Retrieved from https://creativecommons.org/share-your-work/ South Korean Human Rights Monitor | Human Rights Logo - South Korean Human Rights Monitor. (2016) Retrieved from http://www.humanrightskorea.org/human-rights-primer/introduction/humanrightslogo_goodies_14_logovorlagen/ The Educator’s Guide to Copyright, Fair Use, and Creative Commons. (2017, January 20). Retrieved
RACHEL & CHRISTINA’S REFERENCES Educational resources & tools available at: Geuther, C., & Miles, R.A. (2018). Using copyrighted and library content. Retrieved from http://guides.lib.k- state.edu/UsingContent Geuther, C. (2018). Text and Data Mining Rights at K-State Libraries. Retrieved from http://guides.lib.k- state.edu/datamining Copyright tutorial: Cummings-Sauls, R., Miles, R.A., & Pitts, J. (2018). U.S. copyright basics tutorial. Retrieved from https://www.softchalkcloud.com/lesson/serve/65BJlhI8Ee2ct7/html • Also available on OER Commons and MERLOT Books: Crews, K. D. (2005). Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association. Aufderheide, P., & Jaszi, P. (2018). Reclaiming Fair Use: How to Put Balance Back in Copyright, Second Edition. Chicago: University of Chicago Press. Suber, P. (2012). Open access. Cambridge, MA: MIT Press.
RACHEL & CHRISTINA’S REFERENCES IMAGES: • Journey travels road path trees, CC0. Retrieved from https://pixabay.com/en/journey-travels-road-path-trees- 1550312/ • Business world cooperation puzzle, CC0. Retrieved from https://pixabay.com/en/business-world-cooperation- puzzle-463338/ • Fax White Male 3D Model Isolated, CC0. Retrieved from https://pixabay.com/en/fax-white-male-3d-model-isolated- 1889009/ • Yellow Brick Road by Don, CC BY-NC-SA. Retrieved from https://www.flickr.com/photos/communitiesinbloom/15822399731 • “Follow the Copyright Framework” is a derivative of “Yellow Brick Road” by Don used by CC BY NC SA. “Follow the Copyright Framework” is under the CC BY NC SA by Rachel Miles. • Empower by Nick Youngson, CC BY-SA 3.0. Retrieved from http://www.thebluediamondgallery.com/handwriting/e/empower.html • Breach of Agreement by Nick Youngson, CC BY-SA 3.0. Retrieved from http://www.creative-commons- images.com/clipboard/breach-of-agreement.html • Binding Contract, CC0. Retrieved from https://pixabay.com/en/binding-contract-contract-secure-948442/
RACHEL’S REFERENCES TO MOOCS Copyright Courses/MOOCs: • Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for educators & librarians. Available at https://www.coursera.org/learn/copyright-for-education • Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for multimedia. Available at https://www.coursera.org/learn/copyright-for-multimedia • Fisher, W. (2018). CopyrightX. Available at http://copyx.org/ • CopyrightX is a twelve-week networked course that has been offered annually since 2013 under the auspices of Harvard Law School, the HarvardX distance-learning initiative, and the Berkman Klein Center for Internet and Society. The course is taught in the spring semesters from January to May. For the online component, you must be accepted into the course to be assigned a section. To sign up for notifications of the application deadline, please sign up for the mailing list at https://cyber.harvard.edu/lists/info/copyrightx-announce Copyright Conferences • Kraemer Copyright Conference at the University of Colorado – Colorado Springs – https://www.uccs.edu/copyright/

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Navigating 21st Century Digital Scholarship: OERs, Creative Commons, Copyright, and Library Vendor Licenses

  • 1.
    NAVIGATING 21ST DIGITALSCHOLARSHIP: OPEN EDUCATIONAL RESOURCES (OERS), CREATIVE COMMONS, COPYRIGHT, AND LIBRARY VENDOR LICENSES CHRISTINA GEUTHER, ELECTRONIC RESOURCES LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES RACHEL MILES, DIGITAL SCHOLARSHIP LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES HEATHER SEIBERT, SCHOLARLY COMMUNICATION, EAST CAROLINA UNIVERSITY
  • 2.
    OUTLINE  Heather (OER,CC)  Introduction to OERs  Identifying CC materials  Citing with CC  Creating a CC license for your work  Rachel  Copyright literacy education  Outreach  Workshops  Consultations  Online educational materials  Christina (via Rachel)  Vendor license terms  Primo integration  Best practices for everyday user’s understanding & search process
  • 3.
    NAVIGATING 21ST CENTURYDIGITAL SCHOLARSHIP: Heather Seibert, Research and Scholarly Communications East Carolina University seiberth17@ecu.edu Open Educational Resources (OERs), Creative Commons Open Educational Resources (OERs), Creative Commons, Copyright and Library Vendor License All slides in this section of the presentation are CC BY SA
  • 4.
    • What areOERS • Creative Commons • History • Types • Where to look • Giving Credit/Citation • Creating a License • Court Cases • Wrapping up
  • 5.
    Retain Reuse ReviseRemix Redistribute Open Educational Resources (OER) areteaching, learning and research materials in any medium that reside in the public domain or have been released under an open license that permits no-cost access, use, adaptation and redistribution by others. -OER Commons
  • 6.
    Textbooks Syllabi CurriculaTests Projects Animation Video Audio Lecture notes And MORE
  • 8.
    • Copyright • FairUse • Classroom Use Exemption (17 U.S.C. §110(1)) • TEACH Act (17 U.S.C. 110(2) • Public Domain • Creative Commons License
  • 9.
  • 10.
    Creative Commons isa license applied to a work is already under Copyright It’s not separate from copyright, instead it is a way to easily share copyrighted work.
  • 11.
    Creative Commons meetscopyright standards in the US and Internationally • LEGAL CODE: Legal tool and in a language and text format Lawyers know • HUMAN READABLE: A format that the average person can Read and Understand the key terms and conditions • MACHINE READABLE: Includes a summary of the key freedoms and obligations written in a format that software systems, search engines and other technology can understand.
  • 12.
    • 1.1 BillionOpenly-Licensed Works • 34 + Different Languages • 136 Billion views
  • 15.
    YOU PROBABLY HAVESEEN MATERIALS LICENSED UNDER CC AND DON’T REALIZE IT!
  • 18.
  • 19.
  • 20.
    Youtube: can filterresults after searching
  • 23.
    • credit thecreator; • provide the title of the work; • provide the URL where the work is hosted; • indicate the type of license it is available under and provide a link to the license (so others can find out the license terms); and • keep intact any copyright notice associated with the work • Be sure to include as derivative (if you do)
  • 24.
    “Bench with a view”byeltpics Or “Bench with a view”by eltpics CC-BY-NC 2.0
  • 25.
    This work, “Ineed a vacation”, is a derivative of “A Bench with a View” by eltpics, used under CC BY NC. “I need a vacation” is licensed under CC BY NC by Heather Seibert. Figure 1. I need a vacation, Heather Seibert, 2018, NASIG slides. Under Creative Commons Attribution-Share-Alike – non commercial 4.0
  • 26.
    APA REFERENCE LIST Eltpics.(2016). “Bench with a View.” flickr. https://www.flickr.com/photos/elt pics/30877770544/
  • 27.
  • 28.
    Snow Day by HeatherSeibert CC BY NC SA
  • 29.
  • 30.
  • 33.
    *Be aware ofyour CC license
  • 34.
    Dismissed in 2017on the grounds that FedEx was not making profit on materials only on printing services FedEx. School Representatives used FedEx to print materials for classroom distribution Great Minds (GM) : K-12 Curriculum for Schools published under the CC BY-NC-SA 4.0 Great Minds v. FedEx 2016
  • 35.
    Copyright — allrights reserved — and the public domain — no rights reserved. CC license helps you keep your copyright while allowing for certain use of your work— a “some rights reserved” copyright. - Benefits  provides global recognition  has international application  easy to understand, find and choose  remix ready  remix ready  assists with internal rights management  reduces license proliferation  offers integrity in its licensing model  supports community building & a culture of sharing  provides access to infrastructure & support materials. *Creative Commons is legally sound.
  • 36.
    COPYRIGHT LITERACY &EDUCATION RACHEL MILES
  • 37.
    COPYRIGHT LITERACY EDUCATION Howdid I approach copyright?  “Can I use this?” Questions from faculty, students, staff  Copyright consultation requests & copyright questions  Lots of investigative work  Follow the Framework for Analyzing any U.S. Copyright Problem!  But, without a thorough understanding of:  Public performance rights  Performance Rights Organizations (PROs)  Music Blanket License Agreements  Electronic Resource Licensing  Copyright Exemptions  …I was sometimes researching my answers for hours! Step 1: Awareness of my Lack of Copyright Knowledge Image derivative of “Yellow Brick Road” by Don, CC BY-NC-SA
  • 38.
    FRAMEWORK FOR ANALYZINGANY U.S. COPYRIGHT PROBLEM 1. Does it have copyright protection? 2. Does it have an existing license? 3. Is there a specific exemption that covers my use? 4. Is my use covered by fair use? 5. Do I need permission from the copyright holder for my use?
  • 39.
    COPYRIGHT LITERACY EDUCATION Copyright:A Self-Education Journey  Completed MOOCs  Copyright for Librarians and Educators  Copyright for Multimedia  CopyrightX at Harvard Law School  Read Books  Read articles & blogs  Thoroughly researched consultation questions  Consulted ERL, Christina Geuther  Improved copyright website Step 2: My Research & Education CC0
  • 40.
    COPYRIGHT LITERACY EDUCATION Emails exchanged about consultations, scenarios on campus  Realization of our areas’ overlap  Decided to create a LibGuide  Meanwhile, other resources created  Some resources created as a result of creating LibGuide  Learned from each other Step 3: Collaboration & Resource Creation CC0
  • 41.
    COPYRIGHT LITERACY EDUCATION “I have heard conflicting things about film presentation here. At my last university, the stance was that if the target audience was the university community and it was a free event, then it was fine to show any films. Here at KSU, I've heard that, as well as that you can only show public domain films, can show anything the library has in its collection (including Kanopy), and / or can only show movies that it pays distributors for? What is the stance of the university, please? Regarding the event, the students were going to show 3 films over two days in (they hoped) the union or a classroom. The films were going to be free and open to the public, with some off campus advertising.” Step 4: Outreach & Education to Campus Copyright Questions
  • 42.
    FOLLOWING THE FRAMEWORKFOR FILM SHOWINGS Film Showings & Festivals LibGuide page 1. Can you show a film that is in the public domain? 2. A film with a Creative Commons License? 3. Is there a film available through the library streaming resources? 4. Can you purchase the Public Performance Rights (i.e., permissions)?
  • 43.
    COPYRIGHT LITERACY EDUCATIONStep 4: Outreach & Education to Campus Copyright Questions  “I attended your fair use workshop but still have questions. I am putting two history of architecture/interior design classes online. As you can imagine, every slide of every lecture contains an image. Only some of them are available in Creative Commons or through ARTstor. Here's my main question: When you quote text from a journal article or book, you put quotations around it and cite it. What about images from journal articles and books? Does it work the same way? Or do I have to do a fair use evaluation for every single image? That would be a nightmare. (maybe 50-100 images per lecture!) I need to be able to scan some floor plans, drawings and photos from books and journal articles. Looking forward to your response!”
  • 44.
    FOLLOWING THE FRAMEWORKFOR EDUCATION Closed Online Classrooms 1. Link it out! 2. Public domain content 3. Creative Commons Licensed content 4. Library-licensed materials & streamed resources 5. TEACH Act (specific exemption) 6. Fair use 7. Permissions
  • 45.
    COPYRIGHT LITERACY EDUCATIONStep 4: Outreach & Education to Campus Copyright Questions  “I am trying to write my master's report and I plan to use charts from the attached document. I know that information available in the public domain can be used without requesting permission, however, I am confused if the attached document would be considered "public domain". It was available on the Department of Energy website, but is technically prepared by a company called Navigant. Would I need to request permission from Navigant to use their charts?”
  • 46.
    FOLLOWING THE FRAMEWORKFOR ACADEMIC WORK & ETDRS Academic Work 1. Does it have copyright protection (i.e., is it copyrightable)? 2. Is it in the public domain (i.e., it had copyright protection & the term expired)? 3. Does it have an existing license (e.g., a library license)? 4. Can you rely on fair use? 5. Do you need to seek permission for your use?
  • 47.
    COPYRIGHT LITERACY EDUCATIONStep 4: Outreach & Education to Campus Copyright Questions  “I am performing at a regional competition next week and I am using a song published by the Tams-Witmark Music Library. Their website says that I can perform it for free if my school has an ASCAP license. I know that K-State does have an ASCAP but I am requesting permission from the General Counsel to perform this song for this purpose. I am in need of written validation to show my adjudicators at the Kennedy Center American Collegiate Theatre Festival next week.”
  • 48.
    FOLLOWING THE FRAMEWORKFOR PUBLIC PERFORMANCES Musical and Theatrical Performances 1. Performing works in the public domain (no brainer!) 2. University blanket music license agreements (negotiated by General Counsel) 3. Other music license agreements & exemptions 4. Separate musical agreements for songs not in licensed repertories 5. Separate individual agreements for theatrical or dramatic works
  • 49.
    COPYRIGHT LITERACY EDUCATIONStep 4: Outreach & Education to Campus Copyright Questions  “A video of the Department of Apparel, Textiles and Interior Design's Showcase of Excellence runway show will be made and it will include music that falls under K-State's licensing from ASCAP or BMI. My question is: What do we need to do to retain the music and other audio when the video is made available on the department website following the event? Most likely it will play via YouTube.”
  • 50.
    COPYRIGHT FRAMEWORK ANDRECORDING PERFORMANCES Recording K-State Performances  Specific to K-State  Based on blanket music license agreements  Only permitted on K-State hosted websites  Cannot be uploaded to YouTube
  • 51.
    FOLLOWING THE FRAMEWORKFOR ADDING MUSIC IN VIDEO Music in Video 1. Recording music in the public domain 2. Creative Commons Licensed Music 3. Royalty-free Music 4. YouTube – Music Policies 5. Fair Use 6. Synchronization (Sync) Licensing (i.e., permission)
  • 52.
    COPYRIGHT LITERACY EDUCATION Topics & Situations Addressed on new LibGuide:  Licensed K-State Content  Closed Online Classrooms  Emailing Content  SciHub  Downloading Journals  Data & Text Mining  Musical & Theatrical Performances  Film Showings & Festivals  Audiovisual Content/Videos  Music in Videos Step 4: Outreach & Education to Campus Image © Kansas State University http://guides.lib.k-state.edu/UsingContent
  • 53.
     Workshops, Instruction,Consultations  Feedback & Further Questions led to..  New pages on LibGuide:  Stock Images  Recording and sharing/publishing musical performances  New resources & learning objects:  Framework Infographic  TEACH Act Checklists  Four Factors of Fair Use  Context & Examples  Copyright tutorial  Copyright videos: 5 Facts & Exclusive Rights Step 5: Assess: Outreach & Feedback from Community COPYRIGHT LITERACY EDUCATION CC0
  • 54.
    PRESENT VENDOR LICENSETERMS AND BEST PRACTICES FOR THE EVERYDAY USER’S UNDERSTANDING AND SEARCH PROCESS
  • 55.
    HOW ARE LICENSETERMS DIFFERENT?  Terms restrict how US Copyright, Fair Use, Fair Dealing, etc., can be applied  Interpretations can be negotiated  Licenses in a library can be assumed to "override" many provisions of Copyright  Restrictions may affect:  How a resource is shared through ILL  Systematic downloading or mining  Citing the resource  Concurrent usage  Other situations CC0
  • 56.
    WHAT CAN BEGENERALIZED ABOUT AGREEMENTS?  Licensee responsible use  Commonly prohibited activity can trigger a breach of contract  Language legalistic and requires interpretation by the institutional representative such as a licensing librarian Breach of Agreement by Nick Youngson CC BY-SA 3.0 Alpha Stock Images
  • 57.
    PRESENTING THE INFORMATIONIN THE SEARCH PROCESS  Problem:  Spike in suspicious activity at K-State  Solution:  Presenting license information in the search process  Alma has licensing record module: shows its fields in the discovery layer Primo  Now ILL and use restrictions appear as a viewing option  Outcome  Decreased referrals to the licensing librarian by patrons and staff alike
  • 58.
    PRESENTING THE INFORMATIONON RESEARCH GUIDES  More areas of inquiry needed to be clarified  Instructions for viewing the terms in the discovery layer and interpretations for common university scenarios included in new LibGuide  Allowed behind-the-scenes in technical services to be at the frontlines of research  Most difficult part of process:  Generalizing terms and interpretations  Additional guide named every resource explicitly compliant with text and data mining
  • 59.
    OUTCOMES  Licensing explanationsmeant for the patrons and faculty and library staff  Empowered and encouraged positive behaviors across the user population  Research guides provided:  License information as to why and how users can best use library resources  What ERL needed of the user to negotiate to be more relevant to the user and a more service- oriented perspective Empower by Nick Youngson CC BY-SA 3.0
  • 60.
    QUESTIONS? COMMENTS? THANK YOU! CHRISTINAGEUTHER, CGEUTHER@KSU.EDU RACHEL MILES, RAMILES@KSU.EDU HEATHER SEIBERT, SEIBERTH17@ECU.EDU
  • 61.
    HEATHER’S REFERENCES, LINKSAND BIBLIOGRAPHY About The Licenses - Creative Commons. (2014). from https://creativecommons.org/licenses/ Benefits of Using OER. (2018). Retrieved from https://oer.psu.edu/benefits-of-using-oer/ Best practices for attribution - Creative Commons. (2018). Retrieved from https://wiki.creativecommons.org/wiki/Best_practices_for_attribution Creative Commons — Attribution-ShareAlike 4.0 International — CC BY-SA 4.0. (2018). Retrieved from https://creativecommons.org/licenses/by- sa/4.0/legalcode Creative Commons and Creative Professionals | Mathys+Potestio. (2018). Retrieved from http://mathys-potestio.com/creative-commons-creative- professionals/ Downloads | The Universal Logo For Human Rights. (2016)). Retrieved from https://www.humanrightslogo.net/en/download Education / OER. (2017). Retrieved from https://creativecommons.org/about/program-areas/education-oer/ form, C. S. L. C. (2015, June 16). What are Creative Commons licenses? Retrieved from https://www.wur.nl/en/article/What-are-Creative-Commons- licenses.htm History. (2016). Retrieved from https://creativecommons.org/about/history/ How to give attribution. (2016). Retrieved from https://creativecommons.org/use-remix/get-permission/ Is New York’s decision to spend $8 million on OER a turning point? | Inside Higher Ed. (2018). Retrieved from https://www.insidehighered.com/digital- learning/article/2017/04/19/new-yorks-decision-spend-8-million-oer-turning-point Kravets, D. (2017, February 27). Odd lawsuit fails to ding FedEx for allowing copies of CC-licensed material. Retrieved from https://arstechnica.com/tech- policy/2017/02/odd-lawsuit-fails-to-ding-fedex-for-allowing-copies-of-cc-licensed-material/ Permissions Guide For Educators | OER Commons. (2018). Retrieved from https://www.oercommons.org/authoring/5800-permissions-guide-for- educators/view Photographer Loses Copyright Suit Over CC-Licensed Photo on Flickr. (2018) from https://petapixel.com/2015/08/24/photographer-loses-copyright-suit- over-cc-licensed-photo-on-flickr/ Seibert, H. (2016) Research Guides: Open Educational Resources: Home. Retrieved from http://libguides.ecu.edu/c.php?g=168838&p=1107859 Share your work. (2018) .Retrieved from https://creativecommons.org/share-your-work/ South Korean Human Rights Monitor | Human Rights Logo - South Korean Human Rights Monitor. (2016) Retrieved from http://www.humanrightskorea.org/human-rights-primer/introduction/humanrightslogo_goodies_14_logovorlagen/ The Educator’s Guide to Copyright, Fair Use, and Creative Commons. (2017, January 20). Retrieved
  • 62.
    RACHEL & CHRISTINA’SREFERENCES Educational resources & tools available at: Geuther, C., & Miles, R.A. (2018). Using copyrighted and library content. Retrieved from http://guides.lib.k- state.edu/UsingContent Geuther, C. (2018). Text and Data Mining Rights at K-State Libraries. Retrieved from http://guides.lib.k- state.edu/datamining Copyright tutorial: Cummings-Sauls, R., Miles, R.A., & Pitts, J. (2018). U.S. copyright basics tutorial. Retrieved from https://www.softchalkcloud.com/lesson/serve/65BJlhI8Ee2ct7/html • Also available on OER Commons and MERLOT Books: Crews, K. D. (2005). Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association. Aufderheide, P., & Jaszi, P. (2018). Reclaiming Fair Use: How to Put Balance Back in Copyright, Second Edition. Chicago: University of Chicago Press. Suber, P. (2012). Open access. Cambridge, MA: MIT Press.
  • 63.
    RACHEL & CHRISTINA’SREFERENCES IMAGES: • Journey travels road path trees, CC0. Retrieved from https://pixabay.com/en/journey-travels-road-path-trees- 1550312/ • Business world cooperation puzzle, CC0. Retrieved from https://pixabay.com/en/business-world-cooperation- puzzle-463338/ • Fax White Male 3D Model Isolated, CC0. Retrieved from https://pixabay.com/en/fax-white-male-3d-model-isolated- 1889009/ • Yellow Brick Road by Don, CC BY-NC-SA. Retrieved from https://www.flickr.com/photos/communitiesinbloom/15822399731 • “Follow the Copyright Framework” is a derivative of “Yellow Brick Road” by Don used by CC BY NC SA. “Follow the Copyright Framework” is under the CC BY NC SA by Rachel Miles. • Empower by Nick Youngson, CC BY-SA 3.0. Retrieved from http://www.thebluediamondgallery.com/handwriting/e/empower.html • Breach of Agreement by Nick Youngson, CC BY-SA 3.0. Retrieved from http://www.creative-commons- images.com/clipboard/breach-of-agreement.html • Binding Contract, CC0. Retrieved from https://pixabay.com/en/binding-contract-contract-secure-948442/
  • 64.
    RACHEL’S REFERENCES TOMOOCS Copyright Courses/MOOCs: • Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for educators & librarians. Available at https://www.coursera.org/learn/copyright-for-education • Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for multimedia. Available at https://www.coursera.org/learn/copyright-for-multimedia • Fisher, W. (2018). CopyrightX. Available at http://copyx.org/ • CopyrightX is a twelve-week networked course that has been offered annually since 2013 under the auspices of Harvard Law School, the HarvardX distance-learning initiative, and the Berkman Klein Center for Internet and Society. The course is taught in the spring semesters from January to May. For the online component, you must be accepted into the course to be assigned a section. To sign up for notifications of the application deadline, please sign up for the mailing list at https://cyber.harvard.edu/lists/info/copyrightx-announce Copyright Conferences • Kraemer Copyright Conference at the University of Colorado – Colorado Springs – https://www.uccs.edu/copyright/

Editor's Notes

  • #6 Retain – the right to make, own, and control copies of the content (e.g., download, duplicate, store, and manage) Reuse – the right to use the content in a wide range of ways (e.g., in a class, in a study group, on a website, in a video) Revise – the right to adapt, adjust, modify, or alter the content itself (e.g., change an example or translate the content into another language) Remix – the right to combine the original or revised content with other material to create something new (e.g., incorporate the content into a mashup) Redistribute – the right to share copies of the original content, your revisions, or your remixes with others (e.g., give a copy of the content to a friend)
  • #8 General Search Google advanced Search CC Search (Creative Commons Search) Photo: Wikimedia Commons Fliker Pxabay Open Clip art Library Fotopedia Video You Tube: Creative Commons Search TED Talks Al-Jazeera CC Respository Music? CCMixter Free Music Archive Sound Cloud General Education? OER Commons The Orange Grove Lectures/Tutorials? Open Yale MIT Khan Academy Open textbooks? Open Textbook Library BC Campus College Open Textbooks CK-12 Course Components? OERu Complete Courses? OCW Open Courseware Consortium Search MIT Open Courseware Saylor
  • #17 Can be found everywhere
  • #18 Have to show the entire video
  • #40 http://www.k-state.edu/copyright/ Books: Crews, K. D. (2005). Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago: American Library Association. Aufderheide, P., & Jaszi, P. (2018). Reclaiming Fair Use: How to Put Balance Back in Copyright, Second Edition. Chicago: University of Chicago Press. Suber, P. (2012). Open access. Cambridge, MA: MIT Press.
  • #54 https://www.softchalkcloud.com/lesson/serve/65BJlhI8Ee2ct7/html https://www.youtube.com/watch?v=skRex6LLg20 (five facts) https://www.youtube.com/watch?v=dR3Jo_WUNj8 (purpose of copyright)
  • #56 License terms restrict how US Copyright, Fair Use, Fair Dealing, etc., can be applied to a library's environment These interpretations can be negotiated between the licensor (vendor) and licensee (library) to explicitly name an activity or fall "silent" on an issue (omit a topic altogether) Licenses in a library can be assumed to "override" many provisions of Copyright Restrictions may be how a resource is shared through interlibrary loan or otherwise in an online environment, systematic downloading or mining, citing the resource, concurrent usage, and other situations that affect users directly
  • #57 License agreements have obligations for the licensee to be aware of how to responsibly use a resource within the provisions of the terms of use of a license Agreements are uniquely organized and written, but have commonly prohibited activity that may trigger a breach of contract between the licensor and licensee The language is legalistic and not always in laymen's terms, so it requires interpretation by the institutional representative such as a licensing librarian
  • #58 K-State experienced a jump in suspicious activity by authenticated and non-authenticated users, so one of the first moves to avoid this in the future was to present the information in the search process Ex Libris unified resource management system Alma has a licensing record module that is able to be configured to show its fields in the discovery layer Primo Now interlibrary loan and use restrictions appear as a viewing option with the database or platform search results This has decreased referrals to the licensing librarian by patrons and staff alike
  • #59 More areas of inquiry needed to be clarified and presented for researchers using library resources, so instructions for viewing the terms in the discovery layer and interpretations for common university scenarios were combined with a guide for other questions of U.S. Copyright This allowed what information was usually kept behind the scenes in technical services to be at the frontlines of research The most difficult part of the process was generalizing terms and interpretation when licenses can be written so uniquely and the resources applied for different purposes Aside from the guide the scholarly communications librarian collaborated on with the licensing librarian, K-State also put forward a resource naming every resource explicitly naming compliance with text and data mining
  • #60 The licensing explanations were meant just as much for the patrons as faculty and library staff  By treating the community equally in knowledge sharing, we empowered and encouraged positive behaviors across the user population Users want to understand why and how they can best use the library resources, and the research guides' license information provided that opportunity to them They also explained what the electronic resources librarian needed of the user or their project to negotiate for rights not addressed in the guides or current terms of use, to be more relevant to the user and a more service-oriented perspective