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Copyright and Creative Commons licensing for South African educators


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A presentation to help South African educators work through what the difference between Copyright and Creative Commons is, and how to apply these different licenses.

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Copyright and Creative Commons licensing for South African educators

  1. 1. Copyright & Creative Commons Licensing BY FAYYAAD HENDRICKS. Based on a presentation by Glenda Cox VS©
  2. 2. What is copyright? A collection of exclusive rights Given to creators and authors To protect their original works CC-BY Fayyaad Hendricks
  3. 3. But where did it come from? • Blame the English. • Established by English Parliament in 1662 as a way of controlling unregulated copying of books after the introduction of the printing press • Established by the US in 1787 to “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized.
  4. 4. Copyright • What can be copyrighted? Any work which is not an exact copy of someone else’s work • Can ideas be copyrighted? No… only expression of ideas are copyrighted... • Can copyright be transferred? Yes, an author can assign copyright to another person, as in the case of property Is this too close a representa Does it fall afoul of copyrigh
  5. 5. What does “All rights reserved” mean? • You may not reproduce the work in any form • Fair use / Fair dealing for classroom use, with limitations • Permission/royalty payments to author for reproduction • You may not use the work on the Internet without permission
  6. 6. Copyright: South African Context • South African copyright law is codified in the SA Copyright Act of 1978 (amended 2002) • Fair Dealing instead of Fair Use (described in Section 12):Copyright shall not be infringed by any fair dealing with a literary or musical work (a) for the purposes of research or private study by, or the personal or private use of, the person using the work; (b) for the purposes of criticism or review of that work or of another work; or (c) for the purpose of reporting current events (i) in a newspaper, magazine or similar periodical; or (ii) by means of broadcasting or in a cinematograph film; Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the author if it appears on the work.
  7. 7. What are acceptable limits of Fair Dealing? Section 12 (2-4) allow the following without permission: • Quotation (a fair portion) • 'By way of illustration' for teaching purposes (e.g. in a PowerPoint presentation). However, if you want to circulate the PPT slides to students, you will need to clear copyright for those copyright works used in the PPT, or exclude them before circulating the slides.
  8. 8. Fair Dealing quantities are not defined by the law! Generally accepted amounts that one can copy for educational and research purposes: 10% of a book or one chapter (whichever is the greater) 1 article from a journal issue A full case study or full law report Copying just one page may not always be fair, if it is the essence of the work. One has to use one's discretion when copying other people's works. Use only what is necessary for making the point.
  9. 9. The Problem: Traditional © designed for old distribution models “Piracy is robbery with violence, often segueing into murder, rape and kidnapping. It is one of the most frightening crimes in the world. Using the same term to describe a twelve-year-old swapping music with friends, even thousands of songs, is evidence of a loss of perspective so astounding that it invites and deserves the derision it receives.” ― Nick Harkaway, The Blind Giant CC-BY Fayyaad Hendricks
  10. 10. Is loss of copyright a bad thing?
  11. 11. Then again, copyright itself is not an evil
  12. 12. Although this is still debatable…
  13. 13. An Alternative to Copyright licensing Previously copyright was binary: All rights retained or public domain Now alternative licensing options such as the GNU General Public License and Creative Commons provide a range of options where some rights are reserved Public Domain Copyright© Public Domain Some rights reserved Copyright©
  14. 14. Enter Copyleft… Copyleft is the practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works down the line. Copyleft software licenses are considered protective or reciprocal, as contrasted with permissive free software licenses. - Wikipedia
  15. 15. In 2017, more than 1.2 billion works have been licenced under Creative Commons
  16. 16. Legal and Technical Legal Code, Human Readable Deed, Meta-Data
  17. 17. Work posted on Flickr under Attribution license
  18. 18. Used in The Iron Man feature film
  19. 19. Creative commons gives creators a choice Some rights reserved but sharing made easy and legal.
  20. 20. Summary of Open Licenses
  21. 21. Creative Commons licenses Attribution Attribution - NonCommercial - NoDerivs Attribution - NonCommercial - ShareAlike Attribution - NonCommercial Attribution - NoDerivs Attribution - ShareAlike
  22. 22. Combining Creative Commons licenses
  23. 23. But isn’t Creative Commons Licensing preventing creators from making a profit?
  24. 24. But why should I share what I worked on? • Sharing begets sharing • “Shoulders of giants” – allows others to use your wor • Attribution • Contribute to the global body of knowledge • Doesn’t discriminate • Goodwill – sharing community with-cc.pdf
  25. 25. Can someone else use the work commercially? But the work must also be CC-BY-SA Commercial use? New versions? But the new work must also be BY-NC, but under any of the other compatible licenses But the work must also be CC-NC-BY-SA
  26. 26. Evaluating your media resources • If resource falls under copyright protection, either: • Recreate the resources using office or online tools • Replace the resource with a similar resource by finding an open source alternative or by creating your own resource • Obtain permission from the author, publisher, editor, organization who holds the copyright • Reconsider if the resource is really necessary
  27. 27. Take care to check… • Copyright of – Pictures – Graphics – Texts
  28. 28. Obtaining copyright permission • The UCT library has a resource on obtaining copyright permission to distribute material to students. • • E-mail the publisher. • If the document rights holder cannot be located, you cannot use the resource.
  29. 29. Best Practices for Attribution • TITLE • AUTHOR • SOURCE – LINK TO WORK • LICENSE – NAME + LINK House of Knowledge Variation1 by Adrien Sifre CC BY-NC-ND
  30. 30. But What if I REALLY need a piece of content?
  31. 31. But how different does it have to be? Answer: Not very.
  32. 32. How do I license my work? Licensing your work is easy. No registration is required. You simply add a notice that your work is under CC BY. Here’s how
  33. 33. • You can edit the text for your specific project. • Go to
  34. 34. So now that I have one, what do I do with it? Paste where you usually put copyright info: Copyright and Creative Commons by Fayyaad Hendricks. Licensed under a Creative Commons Attribution 4.0 International License.
  35. 35. •
  36. 36. How to find OER via Search Engines
  37. 37. How to search via the Creative Commons site
  38. 38. OER Directories
  39. 39. Recorded & Video Tutorial Platforms
  40. 40. Open Book/textbook directories
  41. 41. Presentation sources online/
  42. 42.
  43. 43.
  44. 44. Credits • Original presentation by Glenda Cox, remixed by Fayyaad Hendricks • Prepared by: Finding OER slides • See Glenda’s Presentations at Slideshare: • Henry Trotter – / • Slides inspired by the presentations of Paul Stacey, Shihaam Shaikh, and the Open Professionals Education Network (OPEN). • See Paul Stacey’s OER presentations at: • See Shihaam Shaikh’s “Finding Open Stuff” presentation at: • See also the “Find OER” site by the Open Professionals Education Network (OPEN):