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OpenEd15: Farb, Blum, Kovacs: The Perils of-policy final-draft

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Sharon E. Farb, L. Amy Blum, Kim Kovacs, UCLA. The Perils of Policy. OpenEd15

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OpenEd15: Farb, Blum, Kovacs: The Perils of-policy final-draft

  1. 1. The Perils of Policy Potential OER Pitfalls of Copyright Policies and OA Legislation
  2. 2. 2 Why “Perils”?
  3. 3. Starring Sharon E. Farb UCLA Associate University Librarian for Collection Management and Scholarly Communication L. Amy Blum UCLA Interim Vice Chancellor for Legal Affairs Kim S. Kovacs UCLA Executive Director of Federal Relations
  4. 4. $1,383 UCLA Admissions Office estimate for books and supplies for an academic year for undergraduate students Episode One UCLA Context
  5. 5. 36-38% UCLA undergraduate students receive Pell Grants 55% UCLA undergraduate students receive some federal, state, or campus financial aid Episode One UCLA Context
  6. 6. 49% UCLA undergraduate students graduate with loans to pay back Episode One UCLA Context
  7. 7. Few “Textbooks” Course Materials in Many Formats Episode One UCLA Context
  8. 8. Instructors for the Same Class Change Frequently Focus on Research over Teaching IT Challenges Episode One UCLA Context
  9. 9. UCLA Library Affordable Course Materials Initiative Overview Incentivizes Instructors Integrates Collections Digitizes Special Collections Broadens Access Lowers Costs Achieves Educational Objectives
  10. 10. UCLA Library Affordable Course Materials Initiative Programmatic Challenges Scalability and Expansion Customized approach to each applicant 3,000+ teaching faculty/lecturers but only ~300 librarians and fulltime library staff Quantity and variety of course materials Differing Agendas Motivation to implement changes in syllabus Focus on quantity over quality/curation
  11. 11. Episode One Why “Perils”?
  12. 12. Legal and Policy Issues Academic Freedom Fair Use Orphans Persistent Access Legal Representation for Authors
  13. 13. Introducing Amy Blum
  14. 14. The Perils of Policy A Lawyer’s Perspective on Policy Implications of OER
  15. 15. Episode Two Overview Why Copyright Matters in OERs Course Materials versus Publications Legal and Policy Challenges regarding OERs
  16. 16. Copyright Act Why Talk about Copyright? Myths / Concerns • Copyrights “lock down” use of content. • Journals and other commercial enterprises hold copyrights and prevent use or charge fees to profit off students. • Copyrights prevent universities from using content in classes.
  17. 17. Copyright Act Purpose of Copyright “The primary, objective of copyright is not to reward the labor of authors, but [t]o promote the Progress of Science and Useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of sciences and art.” Justice Sandra Day O’Connor FEIST PUBLICATIONS, INC. v. RURAL TEL. SERVICE CO., 499 U.S. 340, 349-50 (1991).
  18. 18. Copyright Act Copyright Ownership Under copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or organization, such as a publisher.
  19. 19. UC Policy Individual Ownership and Policy University of California Policy: Copyright ownership resides with the originator of the work if it is: • Scholarly/Aesthetic Work: Created by faculty and designated academic employees resulting from independent academic effort • Personal Work: Developed by a university employee outside the course and scope of their university employment and without university resources. • Student Work: Produced by a registered student without the use of university funds (other than student financial aid) that is produced outside any university employment.
  20. 20. UC Policy Ownership of Course Materials University of California Policy on Ownership of Course Materials: • Course Materials Include: Work prepared for use in teaching including lectures, lecture notes and materials, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, web-ready content, and educational software. • Copyright resides with the Designated Instructional Appointee who creates the material. DIAs are university employees who serve as Instructors of Record and have a general obligation to produce course materials. • University only has a royalty-free perpetual license to use course approval documents, not the course materials.
  21. 21. Copyright Act What Are the Exclusive Rights? Bundle of Rights: • Make copies of the work. • Make derivative works based on the original work. • Distribute the work. • Perform the work publicly. • Display the work in a commercial setting. The owner of a copyright may license these rights to others.
  22. 22. Episode Two Relevance to OERs? Our faculty own the copyrights to their course materials and control how it is used. Our faculty own the copyright to their scholarly work . . . But – they often assign those rights to publishers.
  23. 23. Episode Two What Can the University Do? Rely on exemptions to the Copyright Act. Assist faculty with retaining their copyright when negotiating with publishers. Develop open access policies.
  24. 24. Copyright Act Exemptions Classroom Teaching (Section 110(1)) TEACH Act (Section 110(2)) • Distance learning Fair Use (Section 107)
  25. 25. Copyright Act TEACH ACT Technology, Education and Copyright Harmonization Act (17 U.S.C. §110(2))[TEACH ACT]: • Safe harbor that protects the transmission of a work from copyright infringement claims provided the transmission meets eleven specific requirements • Requires limiting use to students enrolled in a specific class • Cannot transmit textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses
  26. 26. Copyright Act Fair Use Four Factor Test: • Character of Use (commercial versus non-profit educational; transformative) • Nature of Copyrighted Work (fact versus imaginative and published versus unpublished) • Amount and Substantiality of Portion Used • Market Effect
  27. 27. Episode Two Open Access Policies Can Help A policy that grants rights to the institution upon creation of content prevents an author from granting all rights to a publisher.
  28. 28. Episode Two Faculty, Negotiate your Copyright Librarians can assist faculty with ensuring they retain their copyrights or specific use rights. Faculty should read their publishing agreements to specifically understand the grant of rights provisions. Authors should modify publishing agreements to allow the author to retain rights.
  29. 29. Episode Two Challenges Academic Freedom Privacy/ Publicity Rights Increasing Complex Environment
  30. 30. The Perils of Policy Government Relations Issues Identifying Goals Finding the Best Path Avoiding Unintended Consequences
  31. 31. Introducing Kim Kovacs
  32. 32. The Perils of Policy Legislative and Government Relations Aspects of OER
  33. 33. Episode Three Identifying Goals What Are You Trying to Achieve? • Open access to federal or state funded research and materials? • Lower cost of educational materials? • Develop “free” education options like MOOCs?
  34. 34. Episode Three Finding the Best Path U.S. Congress State Government Institutional Administration
  35. 35. Episode Three Avoiding Unintended Consequences Have a Plan Realize your timing needs to be long- range and incremental. Work with Diverse Coalitions Who could partner with you? Think creatively and broadly. Cultivate Champions Educate
  36. 36. Thank you! Photo credits Media History Digital Library Kyle Alexander Bill Ebbesen Simon A. Eugster Reed Hutchinson laogooli Coral Von Zumwalt Elena Zhukova Mark Holtzman, West Coast Aerial Photography Guyon Morée Padawane Sharon E. Farb
  37. 37. Questions?

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