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110916 oer and creative commons


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This presentation was delivered by Jason Miles-Campbell at a SCORE / JISC Legal OER and Creative Commons workshop on 16 September 2011, at the Open University, Milton Keynes.

This presentation was delivered by Jason Miles-Campbell at a SCORE / JISC Legal OER and Creative Commons workshop on 16 September 2011, at the Open University, Milton Keynes.

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  • 1. OER and Creative CommonsA guide to law, copyright and open licensing
    SCORE / JISC Legal Workshop
    Open University, 16 September 2011
  • 2. Hi!
    • Jason Miles-Campbell JISC Legal Service Manager
    • 3.
    • 4. 0141 548 4939
    • 5.
  • 6. 10:00 – 10:15 Welcome 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
  • 7. What time are you 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
  • 8. What time are you 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
  • 9. What You Need To Know About Copyright for OER
  • 10. When it comes to IPR...
    I’m confident
    I’ve a fair idea
    I dabble
    I ask others
    I hide in the toilet
  • 11. Copyright in One Slide
    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
  • 12. Who Owns The Copyright?
    The author / creator in general
    The employer (s.11 CDPA 1988)
    Commissioned materials: contractor has copyright unless otherwise stated
    Assignment and licensing
  • 13. I Just Want Some Content
    Use out-of-copyright material
    Use ‘open’ licence copyright material(though be aware of conditions!)
    Use copyright exceptions
    Use blanket licence
  • 14. I Want THAT Content
    Check it is in copyright
    Consider whether an exception applies
    Consider the use of a blanket licence
    Obtain permission directly
    Do 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 1
    Facilitation, not Compliance
    Copyright is good!
    How to use other people’s stuff online
  • 17. Top Tip 2
    Look in the Pantry!
    Find out what you’ve got before you go shopping – you’ve got ingredients already!
    Blanket licences
    Open licences
  • 18. Top Tip 3
    Let Users Deal Fairly
    Where circumstances and purposes allow, let users do itfor themselves
  • 19. Top Tip 4
    The Examination Creation
    Exemption for examinations
  • 20. Licensed to Inspire
    Top Tip 5
    Licences are key
    Licences set bounds
    Blanket licences
    Negotiating licences
  • 21. Top Tip 6
    Spread the Licence Word
    Find out what licences you hold
    Understand whatthey allow
    Tell your staff
    JISC Legal resource
  • 22. As to use of 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
  • 23. Top Tip 7
    Make Holdings Into Usings
    Change of focus
    Having isn’t enough
    Understanding reusein the digital world
  • 24. Ask!
    Top Tip 8
    Seeking permission isn’t always tough
    Prepare for “no”and silence
    Consider acentral function
  • 25. Copyright on the Agenda
    Top Tip 9
    Efficient, effectivee-learning
    Support andassistance
    Clear ownership
  • 26. Born to Make You Happy
    Top Tip 10
    Sources of information and guidance
    Who is it at your institution?
    JISC Legal
    Licence providers
    Lots of help!
  • 27. Getting to KnowCreative Commons
  • 28. Creative Commons Licences 1
    Just a licence, like any other
    Standard terms
    Legal status “debate”
    Other licences are available...
  • 29. Creative Commons Licences 2
    Irrevocable / Perpetual
    Summary / Legal Code / Symbols
    Elements / Components
    Porting and Versions
    When is a CC licence not a CC licence?
  • 30. Creative Commons Licences 3
  • 31. CC Licences Elements
    BY – the attribution element
    NC – the non-commercial qualification
    ND – the non-derivative qualification
    SA – the ShareAlike qualification
  • 32. BY – the Art 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’
  • 33. NC – Cut the Commerce!
    What does ‘non commercial’ mean?
    Applies to the activity, not the organisation
    Remedies for commercial ‘breach’
    Control, not prohibition
  • 34. ND – Don’t Get Derivative
    What is a derivative?
    How much change can I make?
    Control, not prohibition
  • 35. SA – ShareAlike
    What is a derivative?
    How much change can I make?
    Control, not prohibition
  • 36. Interoperability and Blending
    Tools at:
    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
  • 37. Some Scenarios for Discussion
    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?
  • 38. Some Scenarios for Discussion
    Bucks 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 Choice
    But relicensing possible
    Choice of licence limits not only use,but what can be included
    Nothing’s barred... but people don’t ask
  • 41. The Consequences of the Choice
    BY - attribution
    NC – non-commercial restriction
    ND – non-derivative restriction
    SA – ShareAlike restriction
  • 42. Some Scenarios for Discussion
    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?!
  • 43. Some Scenarios for Discussion
    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?
  • 44. Including Other People’s Stuff in Your OER
  • 45. Understanding the CC Licences
    Issue 1
    A learning curve for projects, creators and rights holders
    The “not quite CC” syndrome
    • Education and changing perceptions
    • 46. Understanding CC as permissions
    • 47. Understanding CC compatibilities etc
  • Which licence for you?
    CC BY
    CC BY-SA
    CC BY-ND
    CC BY-NC
    Various / non-CC
    Don’t know
  • 48. The Patchwork Quilt
    Issue 2
    A world of rich content and bright lights... often means many licences
    • Accepting limitations
    • 49. Changing approach to development
    • 50. Encouraging open, simple licensing
  • What’s the expected audience?
    UK local/regional
    UK national
    English-speaking global
    Very varied
    Don’t know
  • 51. Any Storm in a Port?
    Issue 3
    Ported v unported licences
    Over focus on jurisdiction
    • Recognising the audience
    • 52. Improved understanding of CC
  • What’s Your Attitude to IPR?
    Boundaries need pushed
    Pragmatic, not pedantic
    Conservative & cautious
    Strongly risk averse
    Not sure
  • 53. Let’s Get Risqué!
    Issue 4
    Altruism, anarchy, openness, transparency, copyright = copywrong
    • Recognition of IPR risk in OER
    • 54. A low risk threshold?
    • 55. Champion risk-free resources
  • Institutional attitude to OER
    Strong buy-in at all levels
    Staff buy-in, but senior management untested
    Project is testing the waters
    Some institutional barriers
    Not sure (yet!)
  • 56. Yours, Mine, and Minefields
    Issue 5
    Ownership of IPR in academic work
    Denial, and sensitivities
    • Senior management buy-in
    • 57. Staff and student buy-in
    • 58. A diplomatic approach to OER
  • How much third party content?
    The vast majority
    A little
    Large variations
    Don’t know
  • 59. Asking the World...
    Issue 6
    Getting third party permissions
    The world isn’t changing fast enough
    • Getting buy-in (not just legal)
    • 60. Accept limits / alter current approach
    • 61. Wait
  • Including Other People’s Stuff
    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
  • 62. Use of Licences & Statutory Exceptions
    Blanket licences do not allow inclusion
    Few commercial licences allow inclusion
    Fair dealing for research
    Fair dealing for criticism/review
  • 63. Scenario – Using Audio
    The 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 Video
    A 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 Trail
    Lack of formalities
    Evidence of permission depends on risk
    Find the right balance– not easy
    Exercise reasonable scepticism over the right to grant permission
  • 66. Appraising the Approaches
    Getting permission
    Including under a separate licence or exception
    Linking or referencing
  • 67. Top Tips for AvoidingOER IPR Trouble
  • 68. 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”!
  • 69. 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
  • 70. 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.
  • 71. OER Without (Legal) Tears
    Use the support that’s available. You don’t need to do it on your own.
  • 72. Sources of Support
  • 73. Sources of Support’s collective licensing organisation UK Government-backed home of intellectual property on the Internet
  • 74. Case Studies
  • 75. The Ethnography Project
    Several 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?
  • 76. Final Questionsand Discussion
  • 77. ?
    Any Questions?