CC allows the free use/ transfer of resources to others without the costly and timely copyright permissions process. With 450 projects across the Programme lots of fantastic resources being generated, CC is the natural way to allow third parties to build upon the excellent body of work coming from these projects whilst also acknowledging the authorship of the creators.
Students ? Learners?
The 'examination exception', in s.32(3) of the Copyright, Designs and Patents Act 1988 states that: “ Copyright is not infringed by anything done for the purposes of an examination by way of setting the questions, communicating the questions to the candidates or answering the questions, provided that the questions are accompanied by a sufficient acknowledgement.” Firstly, it should be noted that this exception is not a fair dealing right - there is no requirement to show fairness in order to rely on it. Provided there is compliance with the section’s conditions, there will be no infringement of copyright.
The purpose of a Share Alike license is to ensure that all future adaptations and derivatives of a work carry the same permissions as the original. Share Alike. If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license.
These Creative Commons Compatibility Wizards can be used to determine the range of Creative Commons licences which are compatible with each other when blending Creative Commons licensed resources to create new Open Educational Resources. Further information can be found at: www.web2rights.com/OERIPRSupport Use Wizard 1 if you want to take Creative Commons licensed resources, blend them in an OER, and make your OER available under a single Creative Commons licence. Wizard 1 will tell you which Creative Commons licences are compatible. Use Wizard 2 if you have already chosen which Creative Commons licence you want to use to license out your OER, and want to know which Creative Commons licensed resources you can blend in your OER, which would be compatible with your chosen end-use licence. It is not possible to relicense someone else’s Creative Commons licensed work. It is possible to disseminate someone else’s Creative Commons licensed work in its entirety, either by itself or as part of a collection, but the original licence will continue to apply to that work. It is possible to relicense an adaptation of a Creative Commons licensed work, provided the original licence is not ND restricted (in which case no adaptation can be made without further permission). Where the original work is SA restricted, the adaptation can only be made under the same CC licence as the original. It is possible to blend an SA licensed work with works with the same conditions (e.g. CC BY SA with CC BY SA) or lesser restrictions (CC BY NC with CC BY SA), as long as the final product of the re-mix is licensed under the same CC SA licence as the original. Two different CC SA licences (e.g. CC BY NC SA and CC BY SA) cannot be mixed. Where an intact Creative Commons licensed work is included with other works, two layers of copyright will exist – the original work will remain licensed under its original licence, but there will also be copyright in the selection and arrangement of the materials in the compilation – and this may be under any licence compatible with the content’s licences.
Upstream rights You have some issues to get sorted out
OER and Creative Commons A guide to law, copyright and open licensing December 2011 79 SCORE / JISC Legal Workshop
... 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...
Bucks Fizz College decides it wishes to develop and promote a community of business tutors collaboratively creating materials across the education sector. It chooses a CC BY-NC-SA licence. A good choice?
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?
The mathematics department at the University of Central England 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?
A consortium of institutions wish to devise an OER dealing with preventing violence in demonstrations, using a selection of clips from television and films as material for discussion. How would you advise them?
A US academic gives a lecture on global environmental changes at your institution. You video the talk including the slides and put it on your intranet. Written materials are provided by the speaker. These were written as part of the speakers work at her institution and contain substantial quotes from works by other authors which she says are covered by fair use. Your team leader tasks you with OER ing the lecture and the speakers notes. He is particularly keen that you use a CC licence.
You decide that a blog that has been around for some time in your department and that was originally set up and maintained by a senior colleague that has now gone off to Brazil to retire should be preserved and made more use of by the community. Several of the blogging contributors had posted materials from journals and magazines as well as Wikipedia and other internet stuff. After looking into it you realise that some of the blog posts have been reproduced in an activist newsletter with attribution but with substantial changes that alter arguments made by original contributors.