Digital scholarship issues are increasingly prevalent in today’s environment. We are faced with questions of how to protect our own works as well as others’ with responsible attribution and usage, sometimes involving a formal agreement. These may come in the form of Creative Commons Licensing, provisions of US Copyright, or terms of use outlined by contractual agreements with library vendors. Librarians at Eastern Carolina University and Kansas State University are among several university libraries now providing services to assist navigating these sometimes legalistic frameworks. East Carolina University Libraries are taking initiatives to familiarize faculty, researchers, and students with Open Educational Resources. Librarians identified a need to have pertinent understanding of the Creative Commons license and how it is used to protect created works that can be shared, modified and reused. At Kansas State, librarians identified the overlap of their subject matters through their correspondence regarding users’ copyright and licensing questions; a partnership formed, and they implemented a proactive and public-facing approach to better meet user needs and liability concerns at a research university. NASIG audience members will learn how to: - Find and identify Creative Commons licensed materials - Modify and cite Creative Commons works - Obtain a Creative Commons license - Provide copyright literacy education to their campus communities through outreach and online copyright learning resources - Present vendor license terms and best practices for the everyday user’s understanding and search process

1. NAVIGATING 21ST DIGITAL SCHOLARSHIP:
OPEN EDUCATIONAL RESOURCES (OERS), CREATIVE COMMONS,
COPYRIGHT, AND LIBRARY VENDOR LICENSES
CHRISTINA GEUTHER, ELECTRONIC RESOURCES LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES
RACHEL MILES, DIGITAL SCHOLARSHIP LIBRARIAN, KANSAS STATE UNIVERSITY LIBRARIES
HEATHER SEIBERT, SCHOLARLY COMMUNICATION, EAST CAROLINA UNIVERSITY

2. OUTLINE
 Heather (OER, CC)
 Introduction to OERs
 Identifying CC materials
 Citing with CC
 Creating a CC license for your work
 Rachel
 Copyright literacy education
 Outreach
 Workshops
 Consultations
 Online educational materials
 Christina (via Rachel)
 Vendor license terms
 Primo integration
 Best practices for everyday user’s understanding & search process

3. NAVIGATING 21ST CENTURY DIGITAL
SCHOLARSHIP:
Heather Seibert, Research and
Scholarly Communications
East Carolina University
seiberth17@ecu.edu
Open Educational Resources
(OERs), Creative Commons
Open Educational Resources (OERs),
Creative Commons, Copyright and
Library Vendor License
All slides in this section of
the presentation are
CC BY SA

4. • What are OERS
• Creative Commons
• History
• Types
• Where to look
• Giving Credit/Citation
• Creating a License
• Court Cases
• Wrapping up

5. Retain
Reuse
ReviseRemix
Redistribute
Open Educational Resources
(OER)
are teaching, learning and
research materials in any
medium that reside in the public
domain or have been released
under an open license that
permits no-cost access, use,
adaptation and redistribution
by others.
-OER Commons

6. Textbooks Syllabi Curricula Tests Projects
Animation Video Audio Lecture notes And MORE

8. • Copyright
• Fair Use
• Classroom Use Exemption (17 U.S.C. §110(1))
• TEACH Act (17 U.S.C. 110(2)
• Public Domain
• Creative Commons License

9. Copyright Creative Commons

10. Creative Commons is a
license applied to a work
is already under
Copyright
It’s not separate from
copyright, instead it is a
way to easily share
copyrighted work.

11. Creative Commons meets copyright standards in the US
and Internationally
• LEGAL CODE: Legal tool and in a language and
text format Lawyers know
• HUMAN READABLE: A format that the average
person can Read and Understand the key terms
and conditions
• MACHINE READABLE: Includes a summary of the
key freedoms and obligations written in a format
that software systems, search engines and other
technology can understand.

12. • 1.1 Billion Openly-Licensed Works
• 34 + Different Languages
• 136 Billion views

15. YOU PROBABLY HAVE SEEN MATERIALS
LICENSED UNDER CC AND DON’T REALIZE IT!

18. Creative Commons Search

19. Creative Commons Search Beta Site

20. Youtube: can filter results after searching

23. • credit the creator;
• provide the title of the work;
• provide the URL where the work is hosted;
• indicate the type of license it is available under and provide a link to
the license (so others can find out the license terms); and
• keep intact any copyright notice associated with the work
• Be sure to include as derivative (if you do)

24. “Bench with a
view”by eltpics
Or
“Bench with a view”by
eltpics
CC-BY-NC 2.0

25. This work, “I need a
vacation”, is a derivative of
“A Bench with a View” by
eltpics, used under CC BY
NC. “I need a vacation” is
licensed under CC BY NC
by Heather Seibert.
Figure 1. I need a vacation, Heather Seibert, 2018, NASIG slides. Under Creative Commons Attribution-Share-Alike – non commercial 4.0

26. APA REFERENCE LIST
Eltpics. (2016). “Bench with a
View.” flickr.
https://www.flickr.com/photos/elt
pics/30877770544/

27. CC0

28. Snow Day
by Heather Seibert
CC BY NC SA

29. CREATIVE
COMMONS

30. Creative Party CC BY SA 4.0

33. *Be aware of your CC license

34. Dismissed in 2017 on the grounds that FedEx was not
making profit on materials only on printing services
FedEx. School Representatives used FedEx to print
materials for classroom distribution
Great Minds (GM) : K-12 Curriculum for Schools
published under the CC BY-NC-SA 4.0
Great Minds
v. FedEx
2016

35. Copyright — all rights reserved — and the public domain — no rights reserved. CC license helps you
keep your copyright while allowing for certain use of your work— a “some rights reserved” copyright. -
Benefits
 provides global recognition
 has international application
 easy to understand, find and choose
 remix ready
 remix ready
 assists with internal rights management
 reduces license proliferation
 offers integrity in its licensing model
 supports community building & a culture
of sharing
 provides access to infrastructure &
support materials.
*Creative Commons is legally sound.

36. COPYRIGHT LITERACY & EDUCATION
RACHEL MILES

37. COPYRIGHT LITERACY EDUCATION
How did I approach copyright?
 “Can I use this?” Questions from faculty, students, staff
 Copyright consultation requests & copyright questions
 Lots of investigative work
 Follow the Framework for Analyzing any U.S. Copyright Problem!
 But, without a thorough understanding of:
 Public performance rights
 Performance Rights Organizations (PROs)
 Music Blanket License Agreements
 Electronic Resource Licensing
 Copyright Exemptions
 …I was sometimes researching my answers for hours!
Step 1: Awareness of my Lack of Copyright
Knowledge
Image derivative of “Yellow Brick
Road” by Don, CC BY-NC-SA

38. FRAMEWORK FOR ANALYZING ANY U.S. COPYRIGHT PROBLEM
1. Does it have copyright protection?
2. Does it have an existing license?
3. Is there a specific exemption that covers my use?
4. Is my use covered by fair use?
5. Do I need permission from the copyright holder for my
use?

39. COPYRIGHT LITERACY EDUCATION
Copyright: A Self-Education Journey
 Completed MOOCs
 Copyright for Librarians and Educators
 Copyright for Multimedia
 CopyrightX at Harvard Law School
 Read Books
 Read articles & blogs
 Thoroughly researched consultation questions
 Consulted ERL, Christina Geuther
 Improved copyright website
Step 2: My Research & Education
CC0

40. COPYRIGHT LITERACY EDUCATION
 Emails exchanged about
consultations, scenarios on
campus
 Realization of our areas’
overlap
 Decided to create a
LibGuide
 Meanwhile, other resources
created
 Some resources created as
a result of creating
LibGuide
 Learned from each other
Step 3: Collaboration & Resource Creation
CC0

41. COPYRIGHT LITERACY EDUCATION
 “I have heard conflicting things about film presentation here. At my last university, the stance was that if
the target audience was the university community and it was a free event, then it was fine to show any
films. Here at KSU, I've heard that, as well as that you can only show public domain films, can show
anything the library has in its collection (including Kanopy), and / or can only show movies that it pays
distributors for? What is the stance of the university, please?
Regarding the event, the students were going to show 3 films over two days in (they hoped) the union or
a classroom. The films were going to be free and open to the public, with some off campus advertising.”
Step 4: Outreach & Education to Campus
Copyright Questions

42. FOLLOWING THE FRAMEWORK FOR FILM SHOWINGS
Film Showings & Festivals LibGuide page
1. Can you show a film that is in the public domain?
2. A film with a Creative Commons License?
3. Is there a film available through the library streaming resources?
4. Can you purchase the Public Performance Rights (i.e.,
permissions)?

43. COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus
Copyright Questions
 “I attended your fair use workshop but still have questions. I am putting two history of
architecture/interior design classes online. As you can imagine, every slide of every lecture contains an
image. Only some of them are available in Creative Commons or through ARTstor. Here's my main question:
When you quote text from a journal article or book, you put quotations around it and cite it. What about
images from journal articles and books? Does it work the same way? Or do I have to do a fair use evaluation
for every single image? That would be a nightmare. (maybe 50-100 images per lecture!) I need to be able to
scan some floor plans, drawings and photos from books and journal articles. Looking forward to your
response!”

44. FOLLOWING THE FRAMEWORK FOR EDUCATION
Closed Online Classrooms
1. Link it out!
2. Public domain content
3. Creative Commons Licensed content
4. Library-licensed materials & streamed resources
5. TEACH Act (specific exemption)
6. Fair use
7. Permissions

45. COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus
Copyright Questions
 “I am trying to write my master's report and I plan to use charts from the attached document. I know
that information available in the public domain can be used without requesting permission, however, I
am confused if the attached document would be considered "public domain". It was available on the
Department of Energy website, but is technically prepared by a company called Navigant. Would I need
to request permission from Navigant to use their charts?”

46. FOLLOWING THE FRAMEWORK FOR ACADEMIC WORK & ETDRS
Academic Work
1. Does it have copyright protection (i.e., is it copyrightable)?
2. Is it in the public domain (i.e., it had copyright protection & the
term expired)?
3. Does it have an existing license (e.g., a library license)?
4. Can you rely on fair use?
5. Do you need to seek permission for your use?

47. COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus
Copyright Questions
 “I am performing at a regional competition next week and I am using a song published by
the Tams-Witmark Music Library. Their website says that I can perform it for free if my school
has an ASCAP license. I know that K-State does have an ASCAP but I am requesting permission
from the General Counsel to perform this song for this purpose. I am in need of written
validation to show my adjudicators at the Kennedy Center American Collegiate Theatre Festival
next week.”

48. FOLLOWING THE FRAMEWORK FOR PUBLIC PERFORMANCES
Musical and Theatrical Performances
1. Performing works in the public domain (no brainer!)
2. University blanket music license agreements (negotiated by
General Counsel)
3. Other music license agreements & exemptions
4. Separate musical agreements for songs not in licensed repertories
5. Separate individual agreements for theatrical or dramatic works

49. COPYRIGHT LITERACY EDUCATION Step 4: Outreach & Education to Campus
Copyright Questions
 “A video of the Department of Apparel, Textiles and Interior Design's Showcase of Excellence runway
show will be made and it will include music that falls under K-State's licensing from ASCAP or BMI. My
question is: What do we need to do to retain the music and other audio when the video is made available
on the department website following the event? Most likely it will play via YouTube.”

50. COPYRIGHT FRAMEWORK AND RECORDING PERFORMANCES
Recording K-State Performances
 Specific to K-State
 Based on blanket music license agreements
 Only permitted on K-State hosted websites
 Cannot be uploaded to YouTube

51. FOLLOWING THE FRAMEWORK FOR ADDING MUSIC IN VIDEO
Music in Video
1. Recording music in the public domain
2. Creative Commons Licensed Music
3. Royalty-free Music
4. YouTube – Music Policies
5. Fair Use
6. Synchronization (Sync) Licensing (i.e., permission)

52. COPYRIGHT LITERACY EDUCATION
 Topics & Situations Addressed on new
LibGuide:
 Licensed K-State Content
 Closed Online Classrooms
 Emailing Content
 SciHub
 Downloading Journals
 Data & Text Mining
 Musical & Theatrical Performances
 Film Showings & Festivals
 Audiovisual Content/Videos
 Music in Videos
Step 4: Outreach & Education to Campus
Image © Kansas State University
http://guides.lib.k-state.edu/UsingContent

53.  Workshops, Instruction, Consultations
 Feedback & Further Questions led to..
 New pages on LibGuide:
 Stock Images
 Recording and sharing/publishing musical performances
 New resources & learning objects:
 Framework Infographic
 TEACH Act Checklists
 Four Factors of Fair Use  Context & Examples
 Copyright tutorial
 Copyright videos: 5 Facts & Exclusive Rights
Step 5: Assess: Outreach & Feedback from
Community
COPYRIGHT LITERACY EDUCATION
CC0

54. PRESENT VENDOR LICENSE TERMS AND
BEST PRACTICES FOR THE
EVERYDAY USER’S UNDERSTANDING
AND SEARCH PROCESS

55. HOW ARE LICENSE TERMS DIFFERENT?
 Terms restrict how US Copyright, Fair Use, Fair Dealing,
etc., can be applied
 Interpretations can be negotiated
 Licenses in a library can be assumed to "override" many
provisions of Copyright
 Restrictions may affect:
 How a resource is shared through ILL
 Systematic downloading or mining
 Citing the resource
 Concurrent usage
 Other situations
CC0

56. WHAT CAN BE GENERALIZED ABOUT AGREEMENTS?
 Licensee responsible use
 Commonly prohibited activity can trigger a
breach of contract
 Language legalistic and requires interpretation
by the institutional representative such as a
licensing librarian
Breach of Agreement by Nick Youngson CC BY-SA 3.0
Alpha Stock Images

57. PRESENTING THE INFORMATION IN THE SEARCH PROCESS
 Problem:
 Spike in suspicious activity at K-State
 Solution:
 Presenting license information in the search process
 Alma has licensing record module: shows its fields in the discovery layer
Primo
 Now ILL and use restrictions appear as a viewing option
 Outcome
 Decreased referrals to the licensing librarian by patrons and staff alike

58. PRESENTING THE INFORMATION ON RESEARCH GUIDES
 More areas of inquiry needed to be clarified
 Instructions for viewing the terms in the discovery layer and
interpretations for common university scenarios included in new
LibGuide
 Allowed behind-the-scenes in technical services to be at the frontlines of
research
 Most difficult part of process:
 Generalizing terms and interpretations
 Additional guide named every resource explicitly compliant with
text and data mining

59. OUTCOMES
 Licensing explanations meant for the patrons
and faculty and library staff
 Empowered and encouraged positive behaviors
across the user population
 Research guides provided:
 License information as to why and how users can
best use library resources
 What ERL needed of the user to negotiate to be
more relevant to the user and a more service-
oriented perspective
Empower by Nick Youngson CC BY-SA 3.0

60. QUESTIONS? COMMENTS?
THANK YOU!
CHRISTINA GEUTHER, CGEUTHER@KSU.EDU
RACHEL MILES, RAMILES@KSU.EDU
HEATHER SEIBERT, SEIBERTH17@ECU.EDU

61. HEATHER’S REFERENCES, LINKS AND BIBLIOGRAPHY
About The Licenses - Creative Commons. (2014). from https://creativecommons.org/licenses/
Benefits of Using OER. (2018). Retrieved from https://oer.psu.edu/benefits-of-using-oer/
Best practices for attribution - Creative Commons. (2018). Retrieved from https://wiki.creativecommons.org/wiki/Best_practices_for_attribution
Creative Commons — Attribution-ShareAlike 4.0 International — CC BY-SA 4.0. (2018). Retrieved from https://creativecommons.org/licenses/by-
sa/4.0/legalcode
Creative Commons and Creative Professionals | Mathys+Potestio. (2018). Retrieved from http://mathys-potestio.com/creative-commons-creative-
professionals/
Downloads | The Universal Logo For Human Rights. (2016)). Retrieved from https://www.humanrightslogo.net/en/download
Education / OER. (2017). Retrieved from https://creativecommons.org/about/program-areas/education-oer/
form, C. S. L. C. (2015, June 16). What are Creative Commons licenses? Retrieved from https://www.wur.nl/en/article/What-are-Creative-Commons-
licenses.htm
History. (2016). Retrieved from https://creativecommons.org/about/history/
How to give attribution. (2016). Retrieved from https://creativecommons.org/use-remix/get-permission/
Is New York’s decision to spend $8 million on OER a turning point? | Inside Higher Ed. (2018). Retrieved from https://www.insidehighered.com/digital-
learning/article/2017/04/19/new-yorks-decision-spend-8-million-oer-turning-point
Kravets, D. (2017, February 27). Odd lawsuit fails to ding FedEx for allowing copies of CC-licensed material. Retrieved from https://arstechnica.com/tech-
policy/2017/02/odd-lawsuit-fails-to-ding-fedex-for-allowing-copies-of-cc-licensed-material/
Permissions Guide For Educators | OER Commons. (2018). Retrieved from https://www.oercommons.org/authoring/5800-permissions-guide-for-
educators/view
Photographer Loses Copyright Suit Over CC-Licensed Photo on Flickr. (2018) from https://petapixel.com/2015/08/24/photographer-loses-copyright-suit-
over-cc-licensed-photo-on-flickr/
Seibert, H. (2016) Research Guides: Open Educational Resources: Home. Retrieved from http://libguides.ecu.edu/c.php?g=168838&p=1107859
Share your work. (2018) .Retrieved from https://creativecommons.org/share-your-work/
South Korean Human Rights Monitor | Human Rights Logo - South Korean Human Rights Monitor. (2016) Retrieved
from http://www.humanrightskorea.org/human-rights-primer/introduction/humanrightslogo_goodies_14_logovorlagen/
The Educator’s Guide to Copyright, Fair Use, and Creative Commons. (2017, January 20). Retrieved

62. RACHEL & CHRISTINA’S REFERENCES
Educational resources & tools available at:
Geuther, C., & Miles, R.A. (2018). Using copyrighted and library content. Retrieved from http://guides.lib.k-
state.edu/UsingContent
Geuther, C. (2018). Text and Data Mining Rights at K-State Libraries. Retrieved from http://guides.lib.k-
state.edu/datamining
Copyright tutorial:
Cummings-Sauls, R., Miles, R.A., & Pitts, J. (2018). U.S. copyright basics tutorial. Retrieved from
https://www.softchalkcloud.com/lesson/serve/65BJlhI8Ee2ct7/html
• Also available on OER Commons and MERLOT
Books:
Crews, K. D. (2005). Copyright law for librarians and educators: Creative strategies and practical solutions. Chicago:
American Library Association.
Aufderheide, P., & Jaszi, P. (2018). Reclaiming Fair Use: How to Put Balance Back in Copyright, Second Edition.
Chicago: University of Chicago Press.
Suber, P. (2012). Open access. Cambridge, MA: MIT Press.

63. RACHEL & CHRISTINA’S REFERENCES
IMAGES:
• Journey travels road path trees, CC0. Retrieved from https://pixabay.com/en/journey-travels-road-path-trees-
1550312/
• Business world cooperation puzzle, CC0. Retrieved from https://pixabay.com/en/business-world-cooperation-
puzzle-463338/
• Fax White Male 3D Model Isolated, CC0. Retrieved from https://pixabay.com/en/fax-white-male-3d-model-isolated-
1889009/
• Yellow Brick Road by Don, CC BY-NC-SA. Retrieved from
https://www.flickr.com/photos/communitiesinbloom/15822399731
• “Follow the Copyright Framework” is a derivative of “Yellow Brick Road” by Don used by CC BY NC SA. “Follow
the Copyright Framework” is under the CC BY NC SA by Rachel Miles.
• Empower by Nick Youngson, CC BY-SA 3.0. Retrieved from
http://www.thebluediamondgallery.com/handwriting/e/empower.html
• Breach of Agreement by Nick Youngson, CC BY-SA 3.0. Retrieved from http://www.creative-commons-
images.com/clipboard/breach-of-agreement.html
• Binding Contract, CC0. Retrieved from https://pixabay.com/en/binding-contract-contract-secure-948442/

64. RACHEL’S REFERENCES TO MOOCS
Copyright Courses/MOOCs:
• Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for educators & librarians. Available at
https://www.coursera.org/learn/copyright-for-education
• Gilliland, A., Macklin, L., & Smith, K. (2018). Copyright for multimedia. Available at
https://www.coursera.org/learn/copyright-for-multimedia
• Fisher, W. (2018). CopyrightX. Available at http://copyx.org/
• CopyrightX is a twelve-week networked course that has been offered annually since 2013 under the
auspices of Harvard Law School, the HarvardX distance-learning initiative, and the Berkman Klein Center
for Internet and Society. The course is taught in the spring semesters from January to May. For the online
component, you must be accepted into the course to be assigned a section. To sign up for notifications
of the application deadline, please sign up for the mailing list at
https://cyber.harvard.edu/lists/info/copyrightx-announce
Copyright Conferences
• Kraemer Copyright Conference at the University of Colorado – Colorado Springs –
https://www.uccs.edu/copyright/