This work is licensed by Creative Commons Attribution-NonCommercial-Sharealike (CC-BY-NC-SA).OMG the Only way is Ethics (part two) Being: Open, Creative Commons & IPR OMGTOWIE pt. 1 can be accessed at storify.com – please search UCBCCC then stories Enhancing Employability via Community Challenge
The Creative Commons RevolutionOne of the foundations behind the drive towardsopenness in the contemporary world has been theCreative Commons licensing system.“Creative Commons began providing licenses forthe open sharing of content only a decade ago.Now more than 400 million CC-licensed works areavailable on the Internet, from music and photos, toresearch findings and entire college courses.”(The Power of Open, 2011)
Copyrighted music and YouTube• The situation with YouTube is that there is still no general permission to include copyright protected music within a video. However, YouTube have an arrangement with the big recording companies/rightsholders that where copyright- protected material is discovered within adverts, the rightsowner may choose (entirely at their choice) to do any of the following:• Disable the video and have it removed• Disable the audio, leaving the video intact• Disable only the bit of the audio which is the copyright music• Include advertising as an pop-up on the video, and take the revenue from such• Include a pop-up giving details of the copyright music• Do nothing
Fighting the law?• There are going to be multiple rights associated with “I Fought The Law” – a firm of Glasgow solicitors wanted to use a short clip of The Clash’s recording of it, and after tracking down all the rights (in the song, the lyrics, the performance and the recording), it would have cost somewhere in the region of £8000 to clear the rights. They decided not to use it.• Where the resource contains a link to the YouTube video, the greatest risk is likely to be the video being removed at the request of one of the rightsholders. Likewise in the case of an embedded player (which is simply a fancy form of linking). However, if the video is actually going to be ripped and included in the resource, there is the not insigificant risk of one of the rightsholders requiring its removal (and from all copies of the resource made by users) – which would carry a reputational risk as well as a legal one.
As clearing the rights is probably going to be unrealistic, there are two recommended approaches:1) The first is to look around YouTube to see what other videosuse the track, and to see what’s happened to them. If there areonly recent uploads, that would suggest a rightsowner isrequiring infringing videos to be taken down. If there arevideos including the track going back several years, then youmight get some indication as to what the rightsowner has beenrequiring (no action, removing the audio, blanking theoffending ‘bit’, or including advertising).The fact that the video for What is Crime? has been up forseveral years is some answer, though as it is a cover version,YouTube’s automated copyright music spotting software mightnot have found it yet (“Content ID”) – but you never knowwhen it might be flagged up. There is always some risk that thevideo may be removed or altered in future.
Alternatives?2) The second approach is to change the music tosomething non-infringing. On the one hand, this isn’t toodifficult as there isn’t any talking over the music etc; onthe other, it’s hard to think of a similar ‘iconic’ piece ofmusic which would be available copyright cleared. SonnyCurtis, the songwriter responsible for I Fought the Law, isstill alive and well, so it is going to be in copyright forsome time to come.3) A statement of ‘fair use’ would be evidence ofreasonable care and a diagnostic tool for assessing IPR hasbeen made available by JISC for the OER community:
Trust me – thisis a really goodresource. Thereare templatesfor consentstatements etc.as well as expertadvice forIPR/copyrightstuff.
Please ask, share, tag, curate …• email@example.com• To find out more, search for UCBCCC on sites such as: delicious, youTube, pbworks, slideshare, twitter, storify, prezi and others that have probably not yet been invented.• Open education is for everybody.