Open here is defined by license – must be able to share, translate, and improve upon
Must be able to combine with other resources – this has both legal and technical aspects.
What if this teacher wanted to JOIN THE DIGITAL AGE!
Otherwise Open<br />Managing Incompatible Content within OER<br />Lila Bailey, Counsel for ccLearn<br />OpenEd 2009, Vancouver BC<br />
OER for Everyone, Everywhere<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136951861/in/set-72157603545124242/<br />
Building a Global Learning Commons<br />Our goal as a community is to build a global learning commons -- a large pool of OER that anyone in the world can access, share, modify and combine with other open resources. <br />
We promote openness<br />CC BY by Virtual Sugar Rush <br />http://www.flickr.com/photos/virtualsugar/316200555/<br />
And interoperability<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2137737248/in/set-72157603987562129/ <br />
BUT<br />BY-NC by S. Myers http://www.flickr.com/photos/puppiesofpurgatory/3067934263/<br />
“All-Rights-Reserved”<br />Unfortunately, many educational resources are made available only under “all-rights-reserved”copyright or under a more restrictive license than you need.<br />ARR copyright limits what others may do with the content – ARR content is not open.<br />And, because copyright laws differ around the world, ARR content is not interoperable with other content.<br />
The Problem for OER<br />When teachers combine ARRcontent with their OER, then the openness and interoperability of the educational resources are compromised.<br />The same is true when trying to combine resources having differing, incompatible licenses.<br />
Teachers are used to using materials inside the 4 walls of their classrooms.<br />CC BY by Foundphotoslj<br />http://www.flickr.com/photos/foundphotoslj/466713478/<br />
Butwhat happens when teachers want toSHARE the resources they create?<br />BY NC-SA by dsa66503<br />http://www.flickr.com/photos/yeksa/3393910047/<br />
May others reuse those resources and share them with the world?<br />CC BY by One Laptop per Child<br />http://www.flickr.com/photos/olpc/3011271232/<br />
Managing ARR Content in OER<br />OER creators have developed a number of techniques for managing incompatible content<br />Reliance on copyright exceptions and limitations, such as fair use or fair dealing<br />Seeking permission or deleting the IC<br />Reliance on rules of practice such as only using a “little bit” of the IC or linking to the content instead of incorporating it fully<br />
What are CELs?<br />Copyright exceptions and limitations (CELs) provide legal ways to use ARR content without payment or permission<br />You have now all heard of Fair Use<br />There are many other kinds of CELsaround the world, including fair dealing and specific educational exceptions<br />
Types of CELs<br />Limitations on copyrightable subject matter (e.g., must be original, no protection for labor alone)<br />De minimus (tiny portions)<br />Idea/expression dichotomy (not protecting data)<br />First sale/exhaustion (why we have libraries)<br />Government works (in the U.S.)<br />Flexible doctrines such as fair use<br />Specific exceptions/limitations for classroom use<br />
CELsinternationally<br />Every country has implemented their CELsdifferently.<br />Fair use is not always compatible with fair dealing or other types of CELs.<br />Using ARR materials in OER on the basis of a CEL (such as fair use), use of that material outside of that country may not be legal.<br />This is not a one-way problem!<br />
Licensing info for this presentation<br />Unless otherwise noted, everything in this presentation is licensed under a Creative Commons Attribution 3.0 Unported license. Please attribute to ccLearn.<br />Available at http://www.slideshare.net/lilabailey.<br />
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