110916 oer and creative commons

OER and Creative CommonsA guide to law, copyright and open licensing
SCORE / JISC Legal Workshop
Open University, 16 September 2011
79

Hi!
Jason Miles-Campbell JISC Legal Service Manager
jason.miles-campbell@jisclegal.ac.uk
0141 548 4939
www.jisclegal.ac.uk

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

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

What You Need To Know About Copyright for OER

When it comes to IPR...
I’m confident
I’ve a fair idea
I dabble
I ask others
I hide in the toilet
0

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

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

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

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

“
... 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 1
Facilitation, not Compliance
Copyright is good!
How to use other people’s stuff online
Confidence!

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

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

Top Tip 4
The Examination Creation
Exemption for examinations
Summativeassessment

Licensed to Inspire
Top Tip 5
Licences are key
Licences set bounds
Blanket licences
Negotiating licences

Top Tip 6
Spread the Licence Word
Find out what licences you hold
Understand whatthey allow
Tell your staff
JISC Legal resource

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

Top Tip 7
Make Holdings Into Usings
Change of focus
Having isn’t enough
Understanding reusein the digital world

Ask!
Top Tip 8
Seeking permission isn’t always tough
Prepare for “no”and silence
Consider acentral function

Copyright on the Agenda
Top Tip 9
Efficient, effectivee-learning
Support andassistance
Clear ownership

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!

Getting to KnowCreative Commons

Creative Commons Licences 1
Just a licence, like any other
Standard terms
Familiarity
Legal status “debate”
Other licences are available...

Irrevocable / Perpetual
Summary / Legal Code / Symbols
Elements / Components
Porting and Versions
When is a CC licence not a CC licence?

CC Licences Elements
BY – the attribution element
NC – the non-commercial qualification
ND – the non-derivative qualification
SA – the ShareAlike qualification

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’

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

ND – Don’t Get Derivative
What is a derivative?
How much change can I make?
Collections

SA – ShareAlike
What is a derivative?
How much change can I make?
Collections

Interoperability and Blending
Tools at:
www.web2rights.com/creativecommons
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

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?

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?

Choosing a CC Licence –the Consequences

The Consequences of the Choice
Irrevocable
But relicensing possible
Choice of licence limits not only use,but what can be included
Nothing’s barred... but people don’t ask

The Consequences of the Choice
CC-0
BY - attribution
NC – non-commercial restriction
ND – non-derivative restriction
SA – ShareAlike restriction

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?!

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?

Including Other People’s Stuff in Your OER

Understanding the CC Licences
Issue 1
A learning curve for projects, creators and rights holders
The “not quite CC” syndrome
Solution
Education and changing perceptions
Understanding CC as permissions
Understanding CC compatibilities etc

Which licence for you?
CC-0
CC BY
CC BY-SA
CC BY-ND
CC BY-NC
CC BY-NC-SA
CC BY-NC-ND
Various / non-CC
Don’t know
0

The Patchwork Quilt
Issue 2
A world of rich content and bright lights... often means many licences
Solution
Accepting limitations
Changing approach to development
Encouraging open, simple licensing

What’s the expected audience?
UK local/regional
UK national
European
English-speaking global
Global
Very varied
Don’t know
0

Any Storm in a Port?
Issue 3
Ported v unported licences
Over focus on jurisdiction
Solution
Recognising the audience
Improved understanding of CC

What’s Your Attitude to IPR?
Anarchist
Boundaries need pushed
Pragmatic, not pedantic
Conservative & cautious
Strongly risk averse
Not sure
:00

Let’s Get Risqué!
Issue 4
Altruism, anarchy, openness, transparency, copyright = copywrong
Solution
Recognition of IPR risk in OER
A low risk threshold?
Champion risk-free resources

Institutional attitude to OER
0
Seconds
Remaining
Strong buy-in at all levels
Staff buy-in, but senior management untested
Project is testing the waters
Some institutional barriers
Not sure (yet!)

Yours, Mine, and Minefields
Issue 5
Ownership of IPR in academic work
Denial, and sensitivities
Solution
Senior management buy-in
Staff and student buy-in
A diplomatic approach to OER

How much third party content?
The vast majority
Lots
Some
A little
None
Large variations
Don’t know
0

Asking the World...
Issue 6
Getting third party permissions
The world isn’t changing fast enough
Solution
Getting buy-in (not just legal)
Accept limits / alter current approach
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

Use of Licences & Statutory Exceptions
Limited
Blanket licences do not allow inclusion
Few commercial licences allow inclusion
Fair dealing for research
Fair dealing for criticism/review

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?

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?

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

Appraising the Approaches
Getting permission
Including under a separate licence or exception
Linking or referencing
Recreating

Top Tips for AvoidingOER IPR Trouble

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”!

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

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.

Use the support that’s available. You don’t need to do it on your own.

Sources of Support
www.jisclegal.ac.uk
www.web2rights.org.uk
www.web2rights.com/OERIPRSupport/
www.creativecommons.org

Sources of Support
www.jisc-collections.ac.ukJISC’s collective licensing organisation
www.ipo.gov.ukThe UK Government-backed home of intellectual property on the Internet

Case Studies

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?

Final Questionsand Discussion

?
Any Questions?

110916 oer and creative commons

by JISC Legal

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