110916 oer and creative commons
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This document outlines a workshop on copyright and Creative Commons licensing for Open Educational Resources (OER), highlighting key topics such as copyright ownership, the importance of licensing, and strategies for including third-party content. It emphasizes the need for understanding copyright implications and offers practical tips for navigating licensing issues in the context of educational materials. The document also discusses Creative Commons licenses, their components, and the consequences of choosing specific licenses.
110916 oer and creative commons
- 1. OER and Creative CommonsA guide to law, copyright and open licensingSCORE / JISC Legal WorkshopOpen University, 16 September 201179
- 2. Hi! Jason Miles-Campbell JISC Legal Service Manager
- 4. 0141 548 4939
- 6. 10:00 – 10:15 Welcome and introduction10:15 – 10:45 What You Need To Know About Copyright for OER10:45 – 11:30 Getting to Know Creative Commons11:30 – 12:00 Choosing a CC Licence – the Consequences12:00 – 13:00 Lunch13:00 – 15:00 Including Other People’s Stuff in Your OER15:00 – 15:30 Tea/Coffee15:30 – 15:45 Top Tips for Avoiding OER IPR Trouble15:45 – 16:45 Case Studies16:45 – 17:00 Final Questions and Discussion
- 7. What time are you leaving?The bitter end (5pm)Nipping away a few minutes earlyThe 4pm train was cheaperYou’ll be lucky to see me after lunchI should be at the shops by now
- 8. What time are you leaving?The bitter end (5pm)Nipping away a few minutes earlyThe 4pm train was cheaperYou’ll be lucky to see me after lunchI should be at the shops by now
- 9. What You Need To Know About Copyright for OER
- 10. When it comes to IPR...I’m confidentI’ve a fair ideaI dabbleI ask othersI hide in the toilet0
- 11. Copyright in One SlideCopyright 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
- 12. Who Owns The Copyright?The author / creator in generalThe employer (s.11 CDPA 1988)Commissioned materials: contractor has copyright unless otherwise statedAssignment and licensing
- 13. I Just Want Some ContentUse out-of-copyright materialUse ‘open’ licence copyright material(though be aware of conditions!)Use copyright exceptionsUse blanket licence
- 14. I Want THAT ContentCheck it is in copyrightConsider whether an exception appliesConsider the use of a blanket licenceObtain permission directlyDo not ignore copyright
- 15. “... the fact that 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
- 16. Top Tip 1Facilitation, not ComplianceCopyright is good!How to use other people’s stuff onlineConfidence!
- 17. Top Tip 2Look in the Pantry!Find out what you’ve got before you go shopping – you’ve got ingredients already!Blanket licencesOpen licences
- 18. Top Tip 3Let Users Deal FairlyWhere circumstances and purposes allow, let users do itfor themselves
- 19. Top Tip 4The Examination CreationExemption for examinationsSummativeassessment
- 20. Licensed to InspireTop Tip 5Licences are keyLicences set boundsBlanket licencesNegotiating licences
- 21. Top Tip 6Spread the Licence WordFind out what licences you holdUnderstand whatthey allowTell your staffJISC Legal resource
- 22. As to use of licences we hold...We’re on the ballWe have a passing knowledgeWe muddle on, and keep our head downWe hope no-one noticesDon’t know
- 23. Top Tip 7Make Holdings Into UsingsChange of focusHaving isn’t enoughUnderstanding reusein the digital world
- 24. Ask!Top Tip 8Seeking permission isn’t always toughPrepare for “no”and silenceConsider acentral function
- 25. Copyright on the AgendaTop Tip 9Efficient, effectivee-learningSupport andassistanceClear ownership
- 26. Born to Make You HappyTop Tip 10Sources of information and guidanceWho is it at your institution?JISC LegalLicence providersLots of help!
- 27. Getting to KnowCreative Commons
- 28. Creative Commons Licences 1Just a licence, like any otherStandard termsFamiliarityLegal status “debate”Other licences are available...
- 29. Creative Commons Licences 2Irrevocable / PerpetualSummary / Legal Code / SymbolsElements / ComponentsPorting and VersionsWhen is a CC licence not a CC licence?
- 31. CC Licences ElementsBY – the attribution elementNC – the non-commercial qualificationND – the non-derivative qualificationSA – the ShareAlike qualification
- 32. BY – the Art of AttributionWho 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’
- 33. NC – Cut the Commerce!What does ‘non commercial’ mean?Applies to the activity, not the organisationRemedies for commercial ‘breach’Control, not prohibition
- 34. ND – Don’t Get DerivativeWhat is a derivative?How much change can I make?CollectionsControl, not prohibition
- 35. SA – ShareAlikeWhat is a derivative?How much change can I make?CollectionsControl, not prohibition
- 36. Interoperability and BlendingTools at:www.web2rights.com/creativecommonsWizard 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
- 37. Some Scenarios for DiscussionAlphaville 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?
- 38. Some Scenarios for DiscussionBucks Fizz College decides it wishes to develop and promote a community of business tutors collaboratively creating materials across the FE sector. It chooses a CC BY-NC-SA licence. A good choice?
- 39. Choosing a CC Licence –the Consequences
- 40. The Consequences of the ChoiceIrrevocableBut relicensing possibleChoice of licence limits not only use,but what can be includedNothing’s barred... but people don’t ask
- 41. The Consequences of the ChoiceCC-0BY - attributionNC – non-commercial restrictionND – non-derivative restrictionSA – ShareAlike restriction
- 42. Some Scenarios for DiscussionJISC 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?!
- 43. Some Scenarios for DiscussionThe 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?
- 44. Including Other People’s Stuff in Your OER
- 45. Understanding the CC LicencesIssue 1A learning curve for projects, creators and rights holdersThe “not quite CC” syndromeSolutionEducation and changing perceptions
- 46. Understanding CC as permissions
- 47. Understanding CC compatibilities etcWhich licence for you?CC-0CC BYCC BY-SACC BY-NDCC BY-NCCC BY-NC-SACC BY-NC-NDVarious / non-CCDon’t know0
- 48. The Patchwork QuiltIssue 2A world of rich content and bright lights... often means many licencesSolutionAccepting limitations
- 49. Changing approach to development
- 50. Encouraging open, simple licensingWhat’s the expected audience?UK local/regionalUK nationalEuropeanEnglish-speaking globalGlobalVery variedDon’t know0
- 51. Any Storm in a Port?Issue 3Ported v unported licencesOver focus on jurisdictionSolutionRecognising the audience
- 52. Improved understanding of CCWhat’s Your Attitude to IPR?AnarchistBoundaries need pushedPragmatic, not pedanticConservative & cautiousStrongly risk averseNot sure:00
- 53. Let’s Get Risqué!Issue 4Altruism, anarchy, openness, transparency, copyright = copywrongSolutionRecognition of IPR risk in OER
- 54. A low risk threshold?
- 55. Champion risk-free resourcesInstitutional attitude to OER 0SecondsRemainingStrong buy-in at all levelsStaff buy-in, but senior management untestedProject is testing the watersSome institutional barriersNot sure (yet!)
- 56. Yours, Mine, and MinefieldsIssue 5Ownership of IPR in academic workDenial, and sensitivitiesSolutionSenior management buy-in
- 57. Staff and student buy-in
- 58. A diplomatic approach to OERHow much third party content?The vast majorityLotsSomeA littleNoneLarge variationsDon’t know0
- 59. Asking the World...Issue 6Getting third party permissionsThe world isn’t changing fast enoughSolutionGetting buy-in (not just legal)
- 60. Accept limits / alter current approach
- 61. WaitIncluding Other People’s Stuff Don’t ignore the issueGet permissionCreate an original replacementLink or refer to the third party materialInclude, with a warning as to licence limits
- 62. Use of Licences & Statutory ExceptionsLimitedBlanket licences do not allow inclusionFew commercial licences allow inclusionFair dealing for researchFair dealing for criticism/review
- 63. Scenario – Using AudioThe modern languages department at the University of Central Scotland 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?
- 64. Scenario – Using VideoA consortium of institutions wish to devise a sociology OER dealing with domestic violence issues, using a selection of clips from television and films as material for discussion. How would you advise them?
- 65. Audit TrailLack of formalitiesEvidence of permission depends on riskFind the right balance– not easyExercise reasonable scepticism over the right to grant permission
- 66. Appraising the ApproachesGetting permissionIncluding under a separate licence or exceptionLinking or referencingRecreating
- 67. Top Tips for AvoidingOER IPR Trouble
- 68. OER Without (Legal) TearsCopyright isn’t going to change much – live with that, and accept the legal realityBe mindful of tensions and sensitivities – CC involves giving something away, foreverAvoid of complex licensing – it’s easy for things to get out of hand. “Link and split”!
- 69. OER Without (Legal) TearsFocus 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 otherwiseGet clarity as to ownership of copyright works, before they are created
- 70. OER Without (Legal) TearsHelp out users – define your terms such as attribution and commercial useUse and contribute CC licensed material to repositories, databases and collectionsMove copyright up the agenda. The potential benefits (and savings) are huge.
- 71. OER Without (Legal) TearsUse the support that’s available. You don’t need to do it on your own.
- 73. Sources of Supportwww.jisc-collections.ac.ukJISC’s collective licensing organisationwww.ipo.gov.ukThe UK Government-backed home of intellectual property on the Internet
- 74. Case Studies
- 75. The Ethnography ProjectSeveral universities are funded to work together in order to bring together a range of artefacts, recordings, photographs, and artwork in a repository for use by the participating institutions, and for general use by the public. What are the CC considerations?
- 77. ?Any Questions?