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Otherwise Open


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This presentation was delivered at the Open Ed 2009 conference in Vancouver, Canada.

This presentation was delivered at the Open Ed 2009 conference in Vancouver, Canada.

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No notes for slide
  • 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!
  • Transcript

    • 1. Otherwise Open
      Managing Incompatible Content within OER
      Lila Bailey, Counsel for ccLearn
      OpenEd 2009, Vancouver BC
    • 2. OER for Everyone, Everywhere
      BY-SA by
    • 3. Building a Global Learning Commons
      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.
    • 4. We promote openness
      CC BY by Virtual Sugar Rush
    • 5. And interoperability
      BY-SA by
    • 6. BUT
      BY-NC by S. Myers
    • 7. “All-Rights-Reserved”
      Unfortunately, many educational resources are made available only under “all-rights-reserved”copyright or under a more restrictive license than you need.
      ARR copyright limits what others may do with the content – ARR content is not open.
      And, because copyright laws differ around the world, ARR content is not interoperable with other content.
    • 8. The Problem for OER
      When teachers combine ARRcontent with their OER, then the openness and interoperability of the educational resources are compromised.
      The same is true when trying to combine resources having differing, incompatible licenses.
    • 9. Teachers are used to using materials inside the 4 walls of their classrooms.
      CC BY by Foundphotoslj
    • 10. Butwhat happens when teachers want toSHARE the resources they create?
      BY NC-SA by dsa66503
    • 11. May others reuse those resources and share them with the world?
      CC BY by One Laptop per Child
    • 12. Managing ARR Content in OER
      OER creators have developed a number of techniques for managing incompatible content
      Reliance on copyright exceptions and limitations, such as fair use or fair dealing
      Seeking permission or deleting the IC
      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
    • 13. What are CELs?
      Copyright exceptions and limitations (CELs) provide legal ways to use ARR content without payment or permission
      You have now all heard of Fair Use
      There are many other kinds of CELsaround the world, including fair dealing and specific educational exceptions
    • 14. Types of CELs
      Limitations on copyrightable subject matter (e.g., must be original, no protection for labor alone)
      De minimus (tiny portions)
      Idea/expression dichotomy (not protecting data)
      First sale/exhaustion (why we have libraries)
      Government works (in the U.S.)
      Flexible doctrines such as fair use
      Specific exceptions/limitations for classroom use
    • 15. CELsinternationally
      Every country has implemented their CELsdifferently.
      Fair use is not always compatible with fair dealing or other types of CELs.
      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.
      This is not a one-way problem!
    • 16. Use Case
      A teacher making copies of 3 newspaper articles reporting on the same story from different perspectives to illustrate media bias.
      In India, this would be allowed so long as it is “in the course of instruction.”
      In the U.S., we would ask if the use is transformative, how much was taken, whether the © owner was harmed, etc.
      In the U.K., this would not be allowed at all because it does not fit any specific enumerated category of acceptable uses.
    • 17. The flow of OER is stopped at the border.
      BY-NC by Ladybeames
    • 18. Which hurts the global learning commons.
      BY-SA by
    • 19. What can we do about it?
      BY-SA by
    • 20. We need to work togetherto find a global solution!
      BY-SA by
    • 21. A few things to consider…
      We need more education of course creators about copyright issues
      We need them to think about © as they are in the process of developing courses and course material that may be turned into OER
      Encourage use of as much PD and CC materials as possible
      Discourage use of ARR content unless absolutely necessary
    • 22. OER Copyright Survey
    • 23. OpenEd Website
    • 24. Licensing info for this presentation
      Unless otherwise noted, everything in this presentation is licensed under a Creative Commons Attribution 3.0 Unported license. Please attribute to ccLearn.
      Available at