110916 oer and creative commons

OER and Creative CommonsA guide to law, copyright and open licensingSCORE / JISC Legal WorkshopOpen University, 16 September 201179

Hi! Jason Miles-Campbell JISC Legal Service Manager

jason.miles-campbell@jisclegal.ac.uk

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

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

What You Need To Know About Copyright for OER

When it comes to IPR...I’m confidentI’ve a fair ideaI dabbleI ask othersI hide in the toilet0

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

Who Owns The Copyright?The author / creator in generalThe employer (s.11 CDPA 1988)Commissioned materials: contractor has copyright unless otherwise statedAssignment and licensing

I Just Want Some ContentUse out-of-copyright materialUse ‘open’ licence copyright material(though be aware of conditions!)Use copyright exceptionsUse blanket licence

I Want THAT ContentCheck it is in copyrightConsider whether an exception appliesConsider the use of a blanket licenceObtain permission directlyDo not ignore copyright

“... 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

Top Tip 1Facilitation, not ComplianceCopyright is good!How to use other people’s stuff onlineConfidence!

Top Tip 2Look in the Pantry!Find out what you’ve got before you go shopping – you’ve got ingredients already!Blanket licencesOpen licences

Top Tip 3Let Users Deal FairlyWhere circumstances and purposes allow, let users do itfor themselves

Top Tip 4The Examination CreationExemption for examinationsSummativeassessment

Licensed to InspireTop Tip 5Licences are keyLicences set boundsBlanket licencesNegotiating licences

Top Tip 6Spread the Licence WordFind out what licences you holdUnderstand whatthey allowTell your staffJISC Legal resource

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

Top Tip 7Make Holdings Into UsingsChange of focusHaving isn’t enoughUnderstanding reusein the digital world

Ask!Top Tip 8Seeking permission isn’t always toughPrepare for “no”and silenceConsider acentral function

Copyright on the AgendaTop Tip 9Efficient, effectivee-learningSupport andassistanceClear ownership

Born to Make You HappyTop Tip 10Sources of information and guidanceWho is it at your institution?JISC LegalLicence providersLots of help!

Getting to KnowCreative Commons

Creative Commons Licences 1Just a licence, like any otherStandard termsFamiliarityLegal status “debate”Other licences are available...

Creative Commons Licences 2Irrevocable / PerpetualSummary / Legal Code / SymbolsElements / ComponentsPorting and VersionsWhen is a CC licence not a CC licence?

CC Licences ElementsBY – the attribution elementNC – the non-commercial qualificationND – the non-derivative qualificationSA – the ShareAlike qualification

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’

NC – Cut the Commerce!What does ‘non commercial’ mean?Applies to the activity, not the organisationRemedies for commercial ‘breach’Control, not prohibition

ND – Don’t Get DerivativeWhat is a derivative?How much change can I make?CollectionsControl, not prohibition

SA – ShareAlikeWhat is a derivative?How much change can I make?CollectionsControl, not prohibition

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

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?

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?

Choosing a CC Licence –the Consequences

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

The Consequences of the ChoiceCC-0BY - attributionNC – non-commercial restrictionND – non-derivative restrictionSA – ShareAlike restriction

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?!

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?

Including Other People’s Stuff in Your OER

Understanding the CC LicencesIssue 1A learning curve for projects, creators and rights holdersThe “not quite CC” syndromeSolutionEducation and changing perceptions

Understanding CC as permissions

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

The Patchwork QuiltIssue 2A world of rich content and bright lights... often means many licencesSolutionAccepting limitations

Changing approach to development

Encouraging open, simple licensingWhat’s the expected audience?UK local/regionalUK nationalEuropeanEnglish-speaking globalGlobalVery variedDon’t know0

Any Storm in a Port?Issue 3Ported v unported licencesOver focus on jurisdictionSolutionRecognising the audience

Improved understanding of CCWhat’s Your Attitude to IPR?AnarchistBoundaries need pushedPragmatic, not pedanticConservative & cautiousStrongly risk averseNot sure:00

Let’s Get Risqué!Issue 4Altruism, anarchy, openness, transparency, copyright = copywrongSolutionRecognition of IPR risk in OER

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!)

Yours, Mine, and MinefieldsIssue 5Ownership of IPR in academic workDenial, and sensitivitiesSolutionSenior management buy-in

A diplomatic approach to OERHow much third party content?The vast majorityLotsSomeA littleNoneLarge variationsDon’t know0

Asking the World...Issue 6Getting third party permissionsThe world isn’t changing fast enoughSolutionGetting buy-in (not just legal)

Accept limits / alter current approach

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

Use of Licences & Statutory ExceptionsLimitedBlanket licences do not allow inclusionFew commercial licences allow inclusionFair dealing for researchFair dealing for criticism/review

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?

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?

Audit TrailLack of formalitiesEvidence of permission depends on riskFind the right balance– not easyExercise reasonable scepticism over the right to grant permission

Appraising the ApproachesGetting permissionIncluding under a separate licence or exceptionLinking or referencingRecreating

Top Tips for AvoidingOER IPR Trouble

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”!

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

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.

OER Without (Legal) TearsUse the support that’s available. You don’t need to do it on your own.

110916 oer and creative commons

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