Copyright And IP In The Networked Age

Copyright and IP in the Networked Age Stanford Future Faculty Seminar Ahrash N Bissell

Ahrash N Bissell Copyright and IP in the Networked Age Stanford Future Faculty Seminar

What does copyright have to do with being future faculty?

Research.

Teaching.

Innovation.

Engagement.

I am going to argue that © has everything to do with your future as faculty.

The current intellectual property systems are so pervasive that anyone engaged in research or information must be informed...

Creative Commons

What is Creative Commons (CC)?

Licensing Step 1: Choose Conditions Attribution Non-Commercial No Derivative Works Share Alike

Licensing Step 2: Receive a License

Licensing Mark your website http://creativecommons. org

Licensing Mark your creative works http://wiki.creativecommons.org/Marking

Edu c ation is different. Text • In most places, education is a public good. • But the quality of education varies.

— By region

— By school

— By class

• Open Educational Resources (OER) change this, by promoting (e)quality education around the world. The internet is a universal medium. It c an be a cc essed by anyone .

OER form a Network. Text • Teachers like to share and adapt materials for the classroom. • Students consume these materials, but they only learn by actively taking part in the process of creation . • We learn by doing what has been done before; we create by re -creating, by building off others’ work. Learning o cc urs through ex c hange of and c ollaboration on the expression of ideas.

Text What are Open Edu c ational Resour c es? Michael Reschke cba Digitized materials offered freely and openly for educators, students and self-learners to use and re-use for teaching, learning and research.* *UNESCO. 2002. Forum on the impact of Open Courseware for higher education in developing countries. Final report. Paris: UNESCO.

What are OER made of?

Open licenses. E.g., Creative Commons

Open and interoperable technical formats

Materials that are high-quality and meet the needs and standards of both existing educational infrastructure and the emerging open participatory learning infrastructure.

What is different about OER? Most digital media = “stuff you can see online for free” fair-use and educational exceptions OER = “stuff you can adapt and then share for others to build on” license to innovate

When IP restricts access, adaptation and sharing, Tebaxt Simon music http://flickr.com/photos/fruey/1368008974/ protecting the right to education. OER helps open doors

Mutual Learning Sharing & Most students begin their education highly motivated to learn ; Most teachers are highly motivated to share knowledge , not only with their students but with anyone who can benefit. CC BY-NC-ND by Lara Eller http://www.flickr.com/photos/99079793@N00/24786113/

“ Adopt programs and policies to promote open educational resources . Materials funded by NSF should be made readily available on the web with permission for unrestricted reuse and recombination .”

http://www.nsf.gov/pubs/2008/nsf08204/nsf08204.pdf

Text But there are Legal Barriers. Nan c y cbn http://flickr.com/photos/pugno_muliebriter/1384247192/

Expression is often restri c ted. Text • Expression can be, and often is, fully copyrighted. • Copyrighted material cannot be shared, adapted, or derived... without express permission by the owner of the copyright. • But when people, especially educators, put things on the web, it is usually for the express purpose of making it freely available. • Unfortunately, copyright overrules this intent. And if you don’t li c ense your work to be open, it automati c ally defaults to all-rights-reserved c opyright.

cc Learn promotes CC Li c enses. Text • CC Licenses are copyright. They do not replace copyright, but instead grant a priori permissions for certain uses that would otherwise be disallowed. • So the author still retains her rights to a work; she simply chooses to give away those rights she does not need or want. • This makes perfect sense in education especially, since most people want to share and build off of each other’s work. b n d a

CC offers an easy way to share materials, versus the murky interpretations of fair use in c opyright law. openDemo c ra c y cba http://flickr.com/photos/opendemocracy/542303769/

CC BY ... Text • Allows the most freedoms without giving up attribution, which is important for credibility in education • Is compatible with every other CC license, allowing the most room for innovation via collaboration b • Does not encroach on the freedom of potential users by enforcing a specified use: i.e. CC BY-SA requires you to share alike, even if the new work is best suited for another license ba

What does copyright have to do with being future faculty?

Research.

Teaching.

Innovation.

Engagement.

I am going to argue that © has everything to do with your future as faculty.

The current intellectual property systems are so pervasive that anyone engaged in research or information must be informed...

Text Social Barriers Standardized Curricula Tenure Standards n Developed World Developing World Mine vs Commons vs Noncommercial Term Resources Teacher Education Socioeconomic Factors Time Management Teacher Salary Technical Unfamiliarity Workload Organizational Pressures Agency Cultural Awareness, Misconceptions

CC Li c ense C ase Studies Whi c h Li c en s e should I use when?

The best licenses for education enable Text • Learner engagement • Innovation • Adaption to fit local needs

CC BY-ND Attribution No Derivatives Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. b d Consider • You are part of a group of experts that has finally finished a protocol for data curation. • Every word was carefully considered, and it took months of meetings to complete. • You and the group want to share it, and you don’t particularly care how it is used... ... AS LONG AS it does not get altered in any way. For this purpose, CC BY-ND is appropriate.

CC BY-ND Attribution No Derivatives Allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. b d But consider too • Foreign colleagues want to translate the protocol. They must seek permission before they can do so. ? • Any time someone would like to adapt your work, the group’s permission is required— Even for the simple purposes of technical and social interoperability. • A fellow expert wants to adapt the work for display on PDAs. He must also seek permission. ?

d http://flickr.com/photos/aldhil/1933995970/ Melilotus bn=de Licenses that don’t permit derivative works limit the flexibility to translate or modify the work for an educational context, or to distribute it in alternate formats.

CC BY-NC-SA Attribution Non-commercial Share Alike Lets others: • remix, tweak, and build upon your work non-commercially. • download and redistribute your work. • translate, remix, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. b n a Consider • A university decides to release course content openly. • However, much of the content is third-party material. • It is difficult to get rights-holders to give them content without the NC term. Hurray! This is a case where the university would want to adopt CC BY-NC-SA, since it is necessary to achieve an agreement with all their rights-holders.

But what if • A university does not have difficulty with its right holders. • So they license it under the NC term. This is a bad reason to use NC because: • They just don’t want anyone selling their “ valuable” content without permission. n • People only buy content if they can’t access the free version, or if they want to access it differently. i.e. A publishing co. decides to make hardcopies available at minimal prices (to recover printing costs) to students in Ghana! CC BY-NC-SA b n a But they can’t, because it is NC licensed. And they don’t want to go through the red tape of negotiations. Hurray! Boo!

CC BY Attribution Only Lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. b Consider • You are a creator of a work, be it a • But as a professional in your field, you want to be recognized for your work. • Basically, you want your stuff to be used widely—by the most people possible. This is a great case for CC BY. play, a love song, a cookbook or an educational video game.

CC BY Attribution Only Lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. b But what if • Someone takes my stuff and locks it away, defeating the purpose of making it open? • Someone uses my stuff inappropriately, while my name is attached to it? That’s impossible with digital content. Even if someone remixed the work and re-licensed it under full copyright, your original work is still available, free for anybody to use. • CC BY specifically states that you do not endorse any works derived from yours. • So it doesn’t matter; non-endorsement clause and moral rights allow you to request a take-down and seek damages anyway. Boo! Hurray!

Truly open licensing is essential Text