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ASTE Open Educational Resources, Copyright & Creative Commons

  1. COPYRIGHT, OPEN LICENSING & CREATIVE COMMONS LICENSES Meredith Jacob Public Lead – Creative Commons USA American University Washington College of Law ASTE – February 17-20, 2018 Except where noted, all slides licensed CC-BY 4.0 by Creative Commons United States
  2. • What are Open Educational Resources (OER) • How are they the same as traditional teaching and learning materials? • What makes them different? • Copyright basics • How Creative Commons licenses work • Advantages of CC licenses • Where OER are they being used and places to find resources • FAQ WHAT WE’LL COVER
  3. Open Educational Resources (OER) are educational materials that are released under an open copyright license, rather than under traditional all rights reserved copyright. • Digital distribution and authorship • Public access and cost savings • Ability to improve, remix, and translate OER
  4. Just like traditional teaching materials, OER can be: • Textbooks • Articles • Slides • Images • Videos • Simulations SIMILARITIES
  5. Unlike traditional educational materials, OER have been released under an open copyright license that allows users to: • Update and remix • Translate • Share new versions • Post online DIFFERENCES
  6. Copyright law grants to the author (or copyright owner) the exclusive right to: reproduce, make derivatives of, sell, distribute to the public, perform or display publicly, the copyrighted work, subject to fair use and other limitations and exceptions to copyright law. Copyright owners may assign all the rights in their copyright, or give limited licenses that allow others to make specific use of their works. WHAT IS COPYRIGHT?
  7. Copyright law applies to intellectual property that are “original works of authorship.” Common types of works protected by copyright include literary, artistic, and musical works. Copyright is automatic, so it applies as soon as the work has been created. Copyright protection in the United States lasts for the life of the author plus 70 years or 95 years for an institutional author. After this time period has expired, works fall into the public domain and are free from copyright restrictions. WHAT DOES COPYRIGHT PROTECT?
  8. There are a number of exceptions and limitations to copyright. Functional concepts, names, and logos are typically covered by patent or trademark law, if protected at all, rather than copyright. Copyright protects the specific expression of a work - the words - but not the underlying idea. ARE THERE LIMITS TO WHAT COPYRIGHT PROTECTS?
  9. Fair use a allows the use of a copyrighted work without permission from the copyright holder under specific circumstances. News reporting, teaching, and parody are all examples of uses that could qualify as fair use. Fair use is evaluated on a case-by-case basis, and considers the purpose of the use, how much of the original work is used, and how it impacts the market for the original work. WHAT ABOUT FAIR USE?
  10. • Works within the copyright system • Author still holds copyright to the work • Traditional licenses are one to one (negotiated) • Open licenses like the Creative Commons licenses are one to the public/one to many WHAT IS AN OPEN LICENSE?
  11. Advantages • Takes advantage digital distribution and authorship • Ability to improve, remix, and translate • Makes informal reuse formally permissible (and possible on the open internet) WHAT ARE THE ADVANTAGES OF AN OPEN LICENSE?
  12. • Clearly communicates to the public that the resource is free to reuse • Grants the public a license to access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use for any purposes • provided that the licensee gives attribution to the designated authors of the intellectual property. WHAT DOES A CREATIVE COMMONS LICENSE DO?
  15. Except where otherwise noted, this work is licensed under: THE CC LICENSE MARK AND LINK
  18. MARKING YOUR WORK © 2013 by CCSSO. Operational Best Practices for Statewide Large-Scale Assessment Programs 2013 Edition is licensed under a Creative Commons Attribution 4.0 International License it is available at Best_Practices_for_Statewide_Large- Scale_Assessment_Programs.html
  19. Open Educational Resources and Creative Commons Licenses by Meredith Jacob, Jacob under a Creative Commons Attribution 4.0 License (CC BY) ATTRIBUTION EXAMPLE
  21. • 109 Districts • 20 states #GO OPEN- K12
  23. • Customization – Sequencing – Examples – Combination • Cost – Day 1 access to materials • Collaboration – Openly share updates/remixes ADVANTAGES
  24. • What rights does the author retain? • Can content still be commercialized? • What about building new materials on openly licensed content? • What about materials that contain or builds on existing copyrighted content? – Licensed photos or passages – Content used under fair use QUESTIONS ABOUT IMPLEMENTATION - COPYRIGHT
  25. • Using Existing OER – Identify CC license – Materials in the Public Domain • Federal Authorship • Pre-1923 • Creating OER equivalents for proprietary materials – Ideas are not protected by copyright – Short excerpts for illustration, criticism or review under fair use HOW TO FIND OER