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U-M MERLOT Training
This document outlines a training session on using openly licensed educational resources (OER) in teaching, emphasizing their importance for accessibility and knowledge sharing. It explains the types of OER available, the copyright implications, and provides guidelines for instructors on clearing materials of copyrighted content. The presentation also encourages a culture of collaboration and adaptation in educational settings through the use of licenses like Creative Commons.
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U-M MERLOT Training
- 1. MELO 3D TrainingJune14, 2011License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ © Regents of the University of Michigan, 2011Last updated June 13, 2011
- 2. Presentation GoalsThis presentationis designed to introduce the option of using openly licensed work in teaching and learning resources produced by those at the University of Michigan and elsewhere. Participants should be able to: Recognize copyrighted material in learning resources
- 3. Understand whatOpen Educational Resources are
- 4. Understand how OERfits into the Learning Objects and MERLOT framework
- 5. Find anduse openly licensed material in learning resources
- 6. Clear andpublish resources at Open Educational ResourcesOpen Educational ResourcesOpen Educational Resources (OER) are learning materials that are available for free and openly licensed to be used, adapted and redistributed in local contexts.OER includes syllabi, lecture slides, assignments, academic image libraries, instructional videos and comprehensive, integrated electronic mini-courses. They are referred to as open educational resources because they are designed for teaching and learning and do not have to be associated with a specific course.Source: http://open.umich.edu/education
- 7. There are twoprinciples on which Open.Michigan is founded:Public universities have a responsibility to sharethe knowledge and resources they create with the public they serve.2)We are dedicated to increasing knowledge dissemination across the higher education community through encouraging a culture of sharing.knowledge
- 8. This slide isinserted as the first slide/page of all published materials. AuthorYearAuthor(s): John Doe, MD; Jane Doe, PhD, 2009License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ LicenseNameLicense URL (how search engines find CC materials)GeneralDisclaimerWe have reviewed this material in accordance with U.S. Copyright Law and have tried to maximize your ability to use, share, and adapt it. The citation key on the following slide provides information about how you may share and adapt this material.Copyright holders of content included in this material should contact open.michigan@umich.edu with any questions, corrections, or clarification regarding the use of content.For more information about how to cite these materials visit http://open.umich.edu/education/about/terms-of-use.Any medical information in this material is intended to inform and educate and is not a tool for self-diagnosis or a replacement for medical evaluation, advice, diagnosis or treatment by a healthcare professional. Please speak to your physician if you have questions about your medical condition.Viewer discretion is advised: Some medical content is graphic and may not be suitable for all viewers.Contact infoMedicalDisclaimerUniversity BrandingLicense Image
- 9. Citation Keyfor moreinformation see: http://open.umich.edu/wiki/CitationPolicy Use + Share + Adapt{ Content the copyright holder, author, or law permits you to use, share and adapt. }Public Domain – Government: Works that are produced by the U.S. Government. (USC 17 § 105)Public Domain – Expired: Works that are no longer protected due to an expired copyright term.Public Domain – Self Dedicated: Works that a copyright holder has dedicated to the public domain.This slide is inserted as the second slide/page of all published materials. This shows Open.Michigan’s analysis of the content objects in the material. Knowing this may assist downstream users (especially those in other countries) in how they can and cannot use a particular object within the resource.Creative Commons – Zero WaiverCreative Commons – Attribution License Creative Commons – Attribution Share Alike LicenseCreative Commons – Attribution Noncommercial LicenseCreative Commons – Attribution Noncommercial Share Alike LicenseGNU – Free Documentation LicenseMake Your Own Assessment{ Content Open.Michigan believes can be used, shared, and adapted because it is ineligible for copyright. }Public Domain – Ineligible: Works that are ineligible for copyright protection in the U.S. (USC 17 § 102(b)) *laws in your jurisdiction may differ{ Content Open.Michigan has used under a Fair Use determination. }Fair Use: Use of works that is determined to be Fair consistent with the U.S. Copyright Act. (USC 17 § 107) *laws in your jurisdiction may differOur determination DOES NOT mean that all uses of this 3rd-party content are Fair Uses and we DO NOT guarantee that your use of the content is Fair.To use this content you should do your own independent analysis to determine whether or not your use will be Fair.
- 10. The difference betweenLOs and OEROA: Open AccessLOs: Learning ObjectsOER: Open Educational ResourcesOAfocuses on sharing content, but no underlying licensing requirement.Learning Objects are interactive web resources designed to support a learning objective and includesuch things as animations, simulations, tutorials, case studies and games.OERincludes any educational content that is shared under an open license, whether or not it is a part of a course.
- 11. 2.0 Acceptable UseMERLOTis a free and open resource designed primarily for faculty and students of higher education. MERLOT is built on the collaboration of its partners, community members, registered members, and users. In that spirit, MERLOT allows access to its site and the materials therein for personal and non-commercial uses as set forth in this policy. Links to online learning materials are catalogued in MERLOT, along with other items such as peer reviews and assignments. MERLOT is committed to improving the effectiveness of teaching and learning by expanding access to high quality teaching and learning materials that can be easily incorporated into faculty-designed courses.By using MERLOT, you agree to the terms of MERLOT’S AUP and promise to use any content found on the MERLOT website, whether in whole or in part, for personal, non-commercial, and educational purposes only as described in this policy. You also agree to comply with prevailing United States laws regarding copyright and the Digital Millennium Copyright Act of 1998.Creative Commons – Attribution Noncommercial Share Alike Licensehttp://taste.merlot.org/acceptableuserpolicy.html
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- 13. You + LOs+ OER = Open LearningYouYour collections are licensed CC: BY-NC-SALOsYou can choose how you license your Jing wrappers*OEROpen.Michigan can host these collections and wrappers on our siteDavid A LaSapina “Resting by Farmhouse”*Note that the content you are reviewing may be licensed in other ways or copyrighted all rights reserved.
- 14. Take a break!DougMcAbee “Taking a break”Breakout Session One: Find an example of an openly licensed Learning Object in MERLOT that is in your discipline. Add it to your collection.
- 15. Copyright BasicsCopyright isa form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.http://www.copyright.gov/circs/circ1.pdf
- 16. Copyright: All RightsReservedCopyright covers:Maps
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- 23. and more…It isdesigned to protect the expression of ideas but not the ideas themselves, nor does it protect effort.Visit U-M’s Copyright Office in the Library or visit their website at http://www.lib.umich.edu/copyright for more information and resources on copyright at the University of Michigan.
- 24. Copyright holders holdexclusive right to do and to authorize others to:Reproduce the work in whole or in partPrepare derivative works, such as translations, dramatizations, and musical arrangementsDistribute copies of the work by sale, gift, rental, or loanPublicly perform the workPublicly display the workUS Copyright Act of 1976, Section 106
- 25. Under © itis illegal to:Translate works (derivative)Use someone else’s photo, slide, quote (without permission)Dramatize a work (derivative)Reproduce in whole or in part (without permission)Make copies of a work (distribution)
- 26. Teach Act, 2002Goal:Address digital use of copyrighted materials in distance education settings.“When educators use any of these works in their teaching, they are using copyright-protected materials. Among the rights of copyright owners are rights to make copies and rights to make public performances and public displays of the works. An assembled-or even dispersed-group of students may well constitute the "public" under the law. Consequently, educators frequently incur possible violations of owners' rights whenever they copy materials as handouts, upload works to websites, "display" slides or other still images, or "perform" music, videos, and other works.”Responsibilities of Instructors:Performances of some (not dramatic) works
- 27. Can’t use commercialeducational materials
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- 29. Contextually relevant andintegrated into curriculum
- 30. Fair use stillapplieshttp://bit.ly/alateachact
- 31. ArtworkMore info: open.umich.edu/wiki/Casebooktheseimages used under section 107, U.S. copyright law: fair use
- 32. Illustrations: CartoonsMore info:open.umich.edu/wiki/Casebookthese images used under section 107, U.S. copyright law: fair use
- 33. Illustrations: Chemical RepresentationsMoreinfo: open.umich.edu/wiki/Casebook
- 34. Drawings and DiagramsMoreinfo: open.umich.edu/wiki/Casebooksome of these images used under section 107, U.S. copyright law: fair usesome of these images used under section 107, U.S. copyright law: fair usesome of these images used under section 107, U.S. copyright law: fair use
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- 37. GraphicsMore info: open.umich.edu/wiki/Casebooksomeof these images used under section 107, U.S. copyright law: fair use
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- 39. Ads, CD/Book/Movie Covers,ScreenshotsMore info: open.umich.edu/wiki/Casebooksome of these images used under section107, U.S. copyright law: fair use
- 40. PhotographsMore info: open.umich.edu/wiki/Casebooksomeof these images used under section 107, U.S. copyright law: fair use
- 41. Text: Quotes, Passages,PoemsThe MeshWe have come to the cross-roadsAnd I must either leave or come with you.I lingered over the choiceBut in the darkness of my doubtsYou lifted the lamp of loveAnd I saw in your faceThe road that I should take.- Kwesi Brewsome of these excerpts used under section 107, U.S. copyright law: fair use
- 42. Open Licenses: SomeRights Reserved“The Creative Commons copyright licenses and tools forge a balance inside the traditional “all rights reserved” setting that copyright law creates. Our tools give everyone from individual creators to large companies and institutions a simple, standardized way to grant copyright permissions to their creative work.” – Creative Commons License pageOpen.Michigan applies only the first four (CC: BY, CC: BY-SA, CC: BY-NC, and CC: BY-NC-SA) licenses to our OER because these licenses allow for local adaptation of the resources by others.
- 43. Creative Commons LicensesMachineReadable: CC Rights Expression Language (CC REL)
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- 45. Legal Code: TraditionalLegal ToolCreative Commons
- 46. Some rights reserved:a spectrum.http://creativecommons.org/licenses/Credit you for the original creation.Credit you and license their new creations under the identical terms. Credit you and license their new creations under the identical terms.Credit you and use your work or derivatives of your work for non-commercial purposes.Adaptability means…TranslationLocalizationInnovationCollaboration
- 47. Author, title, source,licenseAttributions pagePhalaenopsisaudreyjm529Title slide: CC: Seo2 | Relativo & Absoluto (flickr) http://www.flickr.com/photos/seo2/2446816477/ | http://creativecommons.org/licenses/by/2.0/deed.enSlide 1 CC:BY-SA Jot Powers (wikimedia commons) http://commons.wikimedia.org/wiki/File:Bounty_hunter_2.JPG | http://creativecommons.org/licenses/by-sa/2.0/Slide 2 CC: BY-NC Brent and MariLynn (flickr) http://www.flickr.com/photos/brent_nashville/2960420853/ | http://creativecommons.org/licenses/by-nc/2.0/deed.enSlide 3 http://www.newvideo.com/productdetail.html?productid=NV-AAE-71919Slide 4 Public Domain: http://en.wikipedia.org/wiki/File:Hummer-H3.JPGSlide 5 Source: Undetermined from a variety of searches on Monster Truck DocumentarySlide 6 Source: Mega-RC.comhttp://www.mega-rc.com/MRCImages/Asscd_Mnstr_GT_ShockOPT.jpgSlide 7 CC:BY-NC GregRob (flickr) http://www.flickr.com/photos/gregrob/2139442260/ | http://creativecommons.org/licenses/by-nc/2.0/deed.enSlide 8 CC:BY metaphor91 (flickr) http://creativecommons.org/licenses/by/2.0/deed.enAngraecum viguieri GNU free documentation orchi (wikipedia) orchisgalilaea CC:BY-SA judy_breck (flickr) http://creativecommons.org/licenses/by-sa/2.0/deed.en
Editor's Notes
- #5 Primary objectives:Building communities of OER producers and usersConsulting and Outreach Services to facilitate OER productionDevelopment of Processes and Software to support OER production and publishing
- #8 OER includes: OCW, single images, general campus lectures, image collections, singular learning modules, paper or article; OCW includes: syllabi, lecture notes, presentation slides, assignments, lecture videos - all related to a course
- #10 Your personal collections in MERLOT are licensed CC: BY-NC-SA.
- #11 Open.Michigan hosting these materials ensures they remain in a centralized and stable location teachers and learners alike and are emblematic of the U-M learning experience.
- #13 “The idea-expression divide or idea-expression dichotomy limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea.The case of Baker v. Selden was the first U.S. Supreme Court case to fully explain this doctrine, holding that exclusive rights to the "useful art" (in this case bookkeeping) described in a book was only available by patent; the description itself was protectable by copyright. In Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539, 556 (1985), the Supreme Court stated that "copyright's idea/expression dichotomy 'strike[s] a definitional balance between the First Amendment and the Copyright Act by permitting free communication of facts while still protecting an author's expression.'" (internal citation omitted). Additionally, in Mazer v. Stein, 347 U.S. 201, 217 (1954), the Supreme Court stated "Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea—not the idea itself.” http://en.wikipedia.org/wiki/Idea-expression_divide (CC: BY-SA)
- #15 Copyright occurs automatically at the creation of a new work, when it is fixed in tangible form. This means that almost everything is copyrighted--not just published material but also your emails, your assignments, your letters, your drafts, your doodles, your snapshots, your blogposts.“Copyright subsists for a variety of lengths in different jurisdictions. The length of the term can depend on several factors, including the type of work (e.g. musical composition or novel), whether the work has been published or not, and whether the work was created by an individual or a corporation. In most of the world, the default length of copyright is the life of the author plus either 50 or 70 years. In the United States, the term for most existing works is for a term ending 70 years after the death of the author. If the work was a work for hire (e.g., those created by a corporation) then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter.” http://en.wikipedia.org/wiki/Copyright#Copyright_term (CC: BY-SA)
- #16 Translation" -- http://commons.wikimedia.org/wiki/File:Translation.png -- PD
- #17 From: http://www.ala.org/Template.cfm?Section=Distance_Education_and_the_TEACH_Act&Template=/ContentManagement/ContentDisplay.cfm&ContentID=25939#benefitsCC: BY-NC Benefits Expanded range of allowed works. The new law permits the display and performance of nearly all types of works. The law no longer sweepingly excludes broad categories of works, as did the former law. However, a few narrow classes of works remain excluded, and uses of some types of works are subject to quantity limitations.Expansion of receiving locations. The former law limited the transmission of content to classrooms and other similar location. The new law has no such constraint. Educational institutions may now reach students through distance education at any location.Storage of transmitted content. The former law often permitted educational institutions to record and retain copies of the distance-education transmission, even if it included copyrighted content owned by others. The new law continues that possibility. The law also explicitly allows retention of the content and student access for a brief period of time, and it permits copying and storage that is incidental or necessary to the technical aspects of digital transmission systems.Digitizing of analog works. In order to facilitate digital transmissions, the law permits digitization of some analog works, but in most cases only if the work is not already available in digital form.Responsibility of Instructors1. Works explicitly allowed. Previous law permitted displays of any type of work, but allowed performances of only "nondramatic literary works" and "nondramatic musical works." Many dramatic works were excluded from distance education, as were performances of audiovisual materials and sound recordings. The law was problematic at best. The TEACH Act expands upon existing law in several important ways. The new law now explicitly permits:Performances of nondramatic literary works;Performances of nondramatic musical works;Performances of any other work, including dramatic works and audiovisual works, but only in "reasonable and limited portions"; andDisplays of any work "in an amount comparable to that which is typically displayed in the course of a live classroom session."2. Works explicitly excluded. A few categories of works are specifically left outside the range of permitted materials under the TEACH Act. The following materials may not be used:Works that are marketed "primarily for performance or display as part of mediated instructional activities transmitted via digital networks"; andPerformances or displays given by means of copies "not lawfully made and acquired" under the U.S. Copyright Act, if the educational institution "knew or had reason to believe" that they were not lawfully made and acquired.The first of these limitations is clearly intended to protect the market for commercially available educational materials. For example, specific materials are available through an online database, or marketed in a format that may be delivered for educational purposes through "digital" systems, the TEACH Act generally steers users to those sources, rather than allowing educators to digitize the upload their own copies.3. Instructor oversight. The statute mandates the instructor's participation in the planning and conduct of the distance education program and the educational experience as transmitted. An instructor seeking to use materials under the protection of the new statute must adhere to the following requirements:The performance or display "is made by, at the direction of, or under the actual supervision of an instructor";The materials are transmitted "as an integral part of a class session offered as a regular part of the systematic, mediated instructional activities" of the educational institution; andThe copyrighted materials are "directly related and of material assistance to the teaching content of the transmission."The requirements share a common objective: to assure that the instructor is ultimately in charge of the uses of copyrighted works and that the materials serve educational pursuits and are not for entertainment or any other purpose. A narrow reading of these requirements may also raise questions about the use of copyrighted works in distance-education programs aimed at community service or continuing education. While that reading of the statute might be rational, it would also be a serious hindrance on the social mission of educational institutions.4. Mediated instructional activities. In perhaps the most convoluted language of the bill, the statute directs that performances and displays, involving a "digital transmission," must be in the context of "mediated instructional activities." This language means that the uses of materials in the program must be "an integral part of the class experience, controlled by or under the actual supervision of the instructor and analogous to the type of performance or display that would take place in a live classroom setting." In the same provision, the statute specifies that "mediated instructional activities" do not encompass uses of textbooks and other materials "which are typically purchased or acquired by the students." The point of this language is to prevent an instructor from including, in a digital transmission, copies of materials that are specifically marketed for and meant to be used by students outside of the classroom in the traditional teaching model. For example, the law is attempting to prevent an instructor from scanning and uploading chapters from a textbook in lieu of having the students purchase that material for their own use. The provision is clearly intended to protect the market for materials designed to serve the educational marketplace. Not entirely clear is the treatment of other materials that might ordinarily constitute handouts in class or reserves in the library. However, the general provision allowing displays of materials in a quantity similar to that which would be displayed in the live classroom setting ("mediated instructional activity") would suggest that occasional, brief handouts-perhaps including entire short works-may be permitted in distance education, while reserves and other outside reading may not be proper materials to scan and display under the auspices of the new law.5. Converting analog materials to digital formats. Troublesome to many copyright owners was the prospect that their analog materials would be converted to digital formats, and hence made susceptible to easy downloading and dissemination. Some copyright owners have held steadfast against permitting digitization in order to control uses of their copyrighted materials. The TEACH Act includes a prohibition against the conversion of materials from analog into digital formats, except under the following circumstances:The amount that may be converted is limited to the amount of appropriate works that may be performed or displayed, pursuant to the revised Section 110(2); andA digital version of the work is not "available to the institution," or a digital version is available, but it is secured behind technological protection measures that prevent its availability for performing or displaying in the distance-education program consistent with Section 110(2).These requirements generally mean that educators must take two steps before digitizing an analog work. First, they need to confirm that the exact material converted to digital format is within the scope of materials and "portion" limitations permitted under the new law. Second, educators need to check for digital versions of the work available from alternative sources and assess the implications of access restrictions, if any.[top]
- #30 Work specifically within the internet to make it easy to create, use and find openly licensed content where others have proactively given you permission to use or adapt their work.
- #34 8 steps:connect with open.michigantraininggather resourceslicenseassess and cleareditreviewpublish