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Exploring the World of Open Education

Clearing the Weeds (with the Proper Whacker):

Copyright and Licensing with OER

Content in this presentation is licensed CC BY-SA

[Creative Commons Attribution-ShareAlike 4.0 International License]

unless otherwise noted

Enroll in the OER Workshop: https://learn.maricopa.edu/enroll/G37FCW

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Information about FPG for MCCCD Faculty

Each workshop approved for 1.5 hours of Faculty Professional Growth
Sign in and out
Complete evaluation and assessment within 24 hours
Submit completed application for non-academic advancement to college FPG rep within 90 days (and include a copy of the program flier or event webpage)

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The Central Values of Open Education

(as articulated by Catherine Casserly, former CEO of Creative Commons and program officer for the William and Flora Hewlett Foundation, at the 2017 Open Education Conference)

freedom, transparency, equity, access, inclusion, collaboration

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Today’s Agenda

Copyright Overview

Copyright and Educational Uses

Open Education Resources

Creative Commons Overview

Scenarios

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Fighting the Copyright FUD

"Dandelions Gone to seed" by Mike Mozart is licensed under CC BY 2.0

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Pop Quiz... Let’s Warm Up!

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“To promote the Progress of Science and useful Arts...by securing for limited Times to Authors...exclusive Rights to their respective Writings…” (Article 1, section 8)

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What does copyright protect?

Original

Authored

Fixed in a tangible form of expression

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Forms of Expression

Literary

Musical (+ words)

Dramatic (+ music)

Pantomime/choreography

Pictorial, graphic, & sculptural

Motion pictures & AV

Sound recordings

Architectural works

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What is not protected by copyright?

Ghana Statistical Service, “Gross Domestic Product 2016,”

http://www.statsghana.gov.gh/gdp_new.html

Copyright protects Expression - not ideas. I can have an idea of a story about a young person who has suddenly gained extraordinary powers and now must defend the world from a previously unknown evil power. But until I EXPRESS that idea, tell that story through a novel, a movie, poetry, or music, it is not protected by copyright.

Copyright also doesn’t protect facts - no matter how much work it takes to compile them. A famous copyright case involved a phone book (remember those?). One phone company copied the entire phone book of another phone company, and then was sued for copyright infringement. The court ruled that even though it took a lot of work to create the book, the “Sweat of the brow” was not sufficient for copyright protection. A phone book is merely a listing of people, where they live, their phone numbers, arranged in alphabetical order. There is no creativity or originality involved.

This also means that a lot of data are not protected by copyright - recording instrument readings, experiment results are just factual representations of a specific condition at a specific time.

Also -

names, titles, short phrases, slogans, mere listings of ingredients or contents, familiar symbols or designs are not protected. Although some of these may be protected by Trademark law - another branch of intellectual property, which require registration and notification to apply.
ideas, procedures, methods, systems, processes, concepts, or devices, as distinguished from a description, explanation, or illustration - are not protected by copyright, but may be protected by patents - the third branch of IP law, which also requires registration and notification.
work consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources).

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Public Domain

Martin Droeshout [Public domain]

Expired

"Delta II JPSS-1 Rollback" by NASA/Kim Shiflett is in the Public Domain, CC0

Federal Government

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Copyright: A Bundle of Rights

Reproduction

Distribution

Create Derivative Works

Public Performance

Public Display

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Pop Quiz!

Naruto, the crested macaque, took this selfie with a camera owned by photographer David Slater.

Who owns the copyright?

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Pop Quiz!

Naruto, the crested macaque, took this selfie with a camera owned by photographer David Slater.

Who owns the copyright?

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Copyright Exceptions for Education

"Weeding" by Ruth Hartnup is licensed under CC BY 2.0

Classroom Use

TEACH Act

Fair Use

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Section 110(1)- Classroom Use

Performance or Display

Non-Profit Institution

In-Person, face to face classroom

Legitimately acquired copy

"Four Corners" by Derek Bruff is licensed under CC BY-NC 2.0

The classroom use exception allows performance or display of works in non-profit, face-to-face, in-person, classroom environments. Showing movies or playing music for a class, or sharing purchased or borrowed copies of a book or artwork, would be permitted under this exemption.

You’re probably most familiar with this one. I’m sure we’ve all watched a movie in class. This is how our teachers were able to do that.

However, this exception does NOT cover:

distributing or making any copies
showing things in any other environment than an in-person one (not even simultaneous distance education technologies), or,
uses in for-profit contexts.

It’s important to note that this section of copyright law was written in 1976, and they did not anticipate how technological advances would change the way we deliver content in an individual setting. You might say, this is where the internet broke copyright.

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Section 110(2) TEACH Act

Has requirements that are institution-specific

BUT

Will not get you anywhere that Fair Use won’t do better.

Screenshot from http://atkinsapps.uncc.edu/copyright/TEACH/teachtools

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Questions?

"Star Wars graffiti, Shoreditch" by duncan c is licensed under CC BY-NC 4.0

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Section 107-Fair Use

“the fair use of a copyrighted work,... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

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Four Factors of Fair Use

P

N

A

E

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Purpose and Character of the Use

Why are you using it?

What are you hoping to achieve?

Commercial vs Non

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Nature of the Work

Creative vs factual

Published vs unpublished

Created specifically for your purpose

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Amount and Substantiality of the Use

No specific amount is always “safe.”

How much do you need?

Is it the “heart” of the work?

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Effect of the Use on the Market

Replace sale of the original.

Impact on potential market.

Affordable permissions available.

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Transformative Use

Is this material needed to help me make my new point?
Will my use help my audience understand my new point?
Have I used no more than is needed for them to understand?

"chia pet!" by Julie Feinstein is licensed under CC BY 2.0

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Linking

Always okay to link and use embed codes.

A really common question I’m asked is if it’s ok to link to something.

It’s almost always acceptable to provide a link to something that’s freely available online, or to use embed codes provided by a platform. There is nothing wrong with linking to a news story or blog, or embedding a youtube video because you are simply sharing a link or an embed code. It’s not a new copy, nor is it a derivative work.

Remember, we talked about the exclusive rights of copyright. Linking to something that is already freely available is not impacting any of those exclusive rights.

However, it’s a good idea to take reasonable care NOT to link to anything you suspect may have been uploaded under dubious circumstances. If you find the entire movie of Iron Man on YouTube, uploaded by the user AvengersFanClub, it’s probably not a good idea to share it with your students.

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Questions?

"box of medical textbooks" by Patrick is licensed under CC BY-SA 4.0

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Open Educational Resources (OERs)

"Weeds 4 Sale" sign, Lake Placid, Florida" by Beyond My Ken is licensed under CC BY-SA 4.0

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Free + Permissions

"Arizona Trail Passage 34" by Coconino National Forest is in the Public Domain

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Creative Commons Licenses

we’ve already talked about how the internet broke copyright. One of the main problems is that, without a requirement to register copyright or indicate that something is copyrighted, it can be difficult to know who owns the copyright to a work, especially when you’re looking at things online.

Creative Commons released their first licenses in 2002 to create a standard set of terms to make it easier for copyright holders to communicate what rights they wish to retain and what they wish to relinquish up front. These licenses are designed to work alongside copyright law to clarify to potential users how they can use, share, and modify your work without having to ask for permission first. This makes it easier for copyright holders to give permission in advance, and also makes it easier for users, who know what they can and cannot do with a work without having to conduct a fair use evaluation or ask for permission.

Additionally, the standard licenses are machine readable, which means they can be reliably indexed and searched.

There are 6 main licenses, ranging from very permissive (CC-BY) where I can do anything with a work as long as I provide attribution - to more restrictive: CC-BY-NC-ND - means I can copy and share the work, as long as I provide attribution, my use is non-commercial, and I don’t make any modifications to the work.

We’ll talk about creative commons in more detail in the next workshop in our series - Wiki Wiki What!

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http://www.openwa.org/attrib-builder/

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Choose your tools!

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Scenarios - Breakout!

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Scenario Discussion

"Cleaning up the Visitor Center" by U.S. National Park Service is in the Public Domain

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Additional Resources

Copyright - http://libguides.asu.edu/copyright

Creative Commons - http://www.creativecommons.org

Copyright Decision Chart/Checklist: http://links.asu.edu/copr_checklist

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Anali Maughan Perry

Scholarly Communication Librarian

ASU Library

anali.perry@asu.edu

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Image credits

Unless otherwise specified, all images are licensed CC-0 from http://www.gratisography.com/ or https://pixabay.com