Otherwise Open<br />Managing Incompatible Content within OER<br />Lila Bailey, Counsel for ccLearn<br />OpenEd 2009, Vanco...
OER for Everyone, Everywhere<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136951861/in/set-7...
Building a Global Learning Commons<br />Our goal as a community is to build a global learning commons -- a large pool of O...
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-721576039...
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”co...
The Problem for OER<br />When teachers combine ARRcontent with their OER, then the openness and interoperability of the ed...
Teachers are used to using materials inside the 4 walls of their classrooms.<br />CC BY by Foundphotoslj<br />http://www.f...
Butwhat happens when teachers want toSHARE the resources they create?<br />BY NC-SA by dsa66503<br />http://www.flickr.com...
May others reuse those resources and share them with the world?<br />CC BY by One Laptop per Child<br />http://www.flickr....
Managing ARR Content in OER<br />OER creators have developed a number of techniques for managing incompatible content<br /...
What are CELs?<br />Copyright exceptions and limitations (CELs) provide legal ways to use ARR content without payment or p...
Types of CELs<br />Limitations on copyrightable subject matter (e.g., must be original, no protection for labor alone)<br ...
CELsinternationally<br />Every country has implemented their CELsdifferently.<br />Fair use is not always compatible with ...
Use Case<br />A teacher making copies of 3 newspaper articles reporting on the same story from different perspectives to i...
The flow of OER is stopped at the border.<br />BY-NC by Ladybeames<br />http://www.flickr.com/photos/50906336@N00/28967871...
Which hurts the global learning commons.<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136951...
What can we do about it?<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136947623/in/set-72157...
We need to work togetherto find a global solution!<br />BY-SA by www.lumaxart.com/<br />http://www.flickr.com/photos/lumax...
A few things to consider…<br />We need more education of course creators about copyright issues <br />We need them to thin...
OER Copyright Survey<br />
OpenEd Website<br />
Licensing info for this presentation<br />Unless otherwise noted, everything in this presentation is licensed under a Crea...
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Otherwise Open

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

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  • 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

    1. 1. Otherwise Open<br />Managing Incompatible Content within OER<br />Lila Bailey, Counsel for ccLearn<br />OpenEd 2009, Vancouver BC<br />
    2. 2. OER for Everyone, Everywhere<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136951861/in/set-72157603545124242/<br />
    3. 3. 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 />
    4. 4. We promote openness<br />CC BY by Virtual Sugar Rush <br />http://www.flickr.com/photos/virtualsugar/316200555/<br />
    5. 5. And interoperability<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2137737248/in/set-72157603987562129/ <br />
    6. 6. BUT<br />BY-NC by S. Myers http://www.flickr.com/photos/puppiesofpurgatory/3067934263/<br />
    7. 7. “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 />
    8. 8. 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 />
    9. 9. 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 />
    10. 10. 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 />
    11. 11. 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 />
    12. 12. 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 />
    13. 13. 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 />
    14. 14. 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 />
    15. 15. 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 />
    16. 16. Use Case<br />A teacher making copies of 3 newspaper articles reporting on the same story from different perspectives to illustrate media bias.<br />In India, this would be allowed so long as it is “in the course of instruction.” <br />In the U.S., we would ask if the use is transformative, how much was taken, whether the © owner was harmed, etc.<br />In the U.K., this would not be allowed at all because it does not fit any specific enumerated category of acceptable uses.<br />
    17. 17. The flow of OER is stopped at the border.<br />BY-NC by Ladybeames<br />http://www.flickr.com/photos/50906336@N00/2896787167/<br />
    18. 18. Which hurts the global learning commons.<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136951861/in/set-72157603545124242/<br />
    19. 19. What can we do about it?<br />BY-SA by www.lumaxart.com<br />http://www.flickr.com/photos/lumaxart/2136947623/in/set-72157603549757387/<br />
    20. 20. We need to work togetherto find a global solution!<br />BY-SA by www.lumaxart.com/<br />http://www.flickr.com/photos/lumaxart/2137735924/<br />
    21. 21. A few things to consider…<br />We need more education of course creators about copyright issues <br />We need them to think about © as they are in the process of developing courses and course material that may be turned into OER<br />Encourage use of as much PD and CC materials as possible<br />Discourage use of ARR content unless absolutely necessary<br />
    22. 22. OER Copyright Survey<br />
    23. 23. OpenEd Website<br />
    24. 24. 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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