Education Innovations with Creative Commons - from OER, to Pedagogy, to Policy
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Transcript of 110916 oer and creative commons
Slide 1
OER and Creative CommonsA guide to law, copyright and open licensing
Open University, 16 September 2011
79
SCORE / JISC Legal Workshop
Slide 2
Hi!• Jason Miles-Campbell
JISC Legal Service Manager• jason.miles-campbell
@jisclegal.ac.uk• 0141 548 4939• www.jisclegal.ac.uk
Slide 3
Slide 4
10:00 – 10:15 Welcome and introduction10:15 – 10:45 What You Need To Know About
Copyright for OER10:45 – 11:30 Getting to Know Creative Commons11:30 – 12:00 Choosing a CC Licence – the Consequences12:00 – 13:00 Lunch
13:00 – 15:00 Including Other People’s Stuff in Your OER15:00 – 15:30 Tea/Coffee
15:30 – 15:45 Top Tips for Avoiding OER IPR Trouble15:45 – 16:45 Case Studies16:45 – 17:00 Final Questions and Discussion
Slide 5
What time are you leaving?
1. The bitter end (5pm)2. Nipping away a few minutes
early3. The 4pm train was cheaper4. You’ll be lucky to see me after
lunch5. I should be at the shops by now
Slide 6
What time are you leaving?
1 2 3 4 5
64%
14%
5%0%
18%
1. The bitter end (5pm)2. Nipping away a few minutes early3. The 4pm train was cheaper4. You’ll be lucky to see me after
lunch5. I should be at the shops by now
Slide 7
What You Need To Know About Copyright for OER
Slide 8
When it comes to IPR...
1 2 3 4 5
9%
14%
23%
14%
41%1. I’m confident2. I’ve a fair idea3. I dabble4. I ask others5. I hide in the toilet
Slide 9
Copyright in One Slide• Copyright controls copying and other
‘restricted acts’• You must own copyright, or have the
permission of the copyright holder, in order to do the ‘restricted acts’
• A few education-relevant exceptions
Slide 10
Who Owns The Copyright?
• The author / creator in general• The employer (s.11 CDPA 1988)• Commissioned materials: contractor has
copyright unless otherwise stated• Assignment and licensing
Slide 11
I Just Want Some Content• Use out-of-copyright material• Use ‘open’ licence copyright material
(though be aware of conditions!)• Use copyright exceptions• Use blanket licence
Slide 12
I Want THAT Content• Check it is in copyright
• Consider whether an exception applies
• Consider the use of a blanket licence
• Obtain permission directly
• Do not ignore copyright
Slide 13
... the fact that our system of communication, teaching and entertainment does not grind to a standstill is in large part due to the fact that in most cases infringement of copyright has, historically, been ignored...
“”Mr Justice
Laddie
Slide 14
Top Tip 1
• Copyright is good!
• How to use other people’s stuff online
• Confidence!
Facilitation, not Compliance
Slide 15
Top Tip 2
• Find out what you’ve got before you go
shopping – you’ve got ingredients already!
• Blanket licences
• Open licences
Look in the Pantry!
Slide 16
Top Tip 3
• Where circumstances and purposes
allow, let users do it
for themselves
Let Users Deal Fairly
Slide 17
Top Tip 4
• Exemption for examinations
• Summative
assessment
The Examination Creation
Slide 18
Top Tip 5
• Licences are key
• Licences set bounds
• Blanket licences
• Negotiating licences
Licensed to Inspire
Slide 19
Top Tip 6
• Find out what licences you hold
• Understand whatthey allow
• Tell your staff
• JISC Legal resource
Spread the Licence Word
Slide 20
As to use of licences we hold...
1 2 3 4 5
20%
30%
25%
15%
10%
1. We’re on the ball2. We have a passing
knowledge3. We muddle on, and keep
our head down4. We hope no-one notices5. Don’t know
Slide 21
Top Tip 7
• Change of focus
• Having isn’t enough
• Understanding reusein the digital world
Make Holdings Into Usings
Slide 22
Top Tip 8
• Seeking permission isn’t always tough
• Prepare for “no”and silence
• Consider acentral function
Ask!
Slide 23
Top Tip 9
• Efficient, effectivee-learning
• Support andassistance
• Clear ownership
Copyright on the Agenda
Slide 24
Top Tip 10
• Sources of information and guidance
• Who is it at your institution?
• JISC Legal
• Licence providers
• Lots of help!
Born to Make You Happy
Slide 25
Getting to KnowCreative Commons
Slide 26
Creative Commons Licences 1
• Just a licence, like any other• Standard terms• Familiarity• Legal status “debate”• Other licences are available...
Slide 27
Creative Commons Licences 2
• Irrevocable / Perpetual• Summary / Legal Code / Symbols• Elements / Components• Porting and Versions• When is a CC licence not a CC licence?
Slide 28
Creative Commons Licences 3CC 0CC BYCC BY-SACC BY-ND
CC BY-NCCC BY-NC-SACC BY-NC-ND
Slide 29
CC Licences Elements
• BY – the attribution element• NC – the non-commercial qualification• ND – the non-derivative qualification• SA – the ShareAlike qualification
Slide 30
BY – the Art of Attribution
• Who needs to be attributed?• In what form do they have to be attributed?• What if it’s not practical to attribute?• The problem of ‘attribution stacking’
Slide 31
NC – Cut the Commerce!
• What does ‘non commercial’ mean?• Applies to the activity, not the organisation• Remedies for commercial ‘breach’• Control, not prohibition
Slide 32
ND – Don’t Get Derivative
• What is a derivative?• How much change can I make?• Collections• Control, not prohibition
Slide 33
SA – ShareAlike
• What is a derivative?• How much change can I make?• Collections• Control, not prohibition
Slide 34
Interoperability and Blending
• Tools at:www.web2rights.com/creativecommonsWizard 1: given materials, which CC licence can I use?Wizard 2: given a CC licence, what can I include?
• Open Government Licence (OGL) compatible with CC BY
Slide 35
Some Scenarios for Discussion
1. Alphaville University decides it wishes to make its courseware available more openly to raise its profile and attract interest. It chooses a CC BY-NC-ND licence. A good choice?
Slide 36
Some Scenarios for Discussion
2. Bucks Fizz College decides it wishes to develop and promote a community of business tutors collaboratively creating materials across the FE sector. It chooses a CC BY-NC-SA licence. A good choice?
Slide 37
Choosing a CC Licence –the Consequences
Slide 38
The Consequences of the Choice
• Irrevocable• But relicensing possible• Choice of licence limits not only use,
but what can be included• Nothing’s barred... but people don’t ask
Slide 39
The Consequences of the Choice
• CC-0• BY - attribution• NC – non-commercial restriction• ND – non-derivative restriction• SA – ShareAlike restriction
Slide 40
Some Scenarios for Discussion
• JISC Legal originally licensed its materials under a short, bespoke licence, allowing liberal use in the education context, but restricting commercial use and requiring permission for adaptation. It’s now moved to a CC BY licence. What were we thinking?!
Slide 41
Some Scenarios for Discussion
• The University of Jiscadvancia would like to share its materials more widely, but has reservations about rival institutions and commercial bodies benefitting from reuse of the materials. How would you advise them on the potential use of a CC licence?
Slide 42
Including Other People’s Stuff in Your OER
Slide 43
Understanding the CC Licences
• A learning curve for projects, creators and rights holders
• The “not quite CC” syndrome
Issue 1
Solution
• Education and changing perceptions• Understanding CC as permissions• Understanding CC compatibilities etc
Slide 44
Which licence for you?
1 2 3 4 5 6 7 8 9
0% 0% 0% 0%
29%29%
6%
35%
0%
1. CC-02. CC BY3. CC BY-SA4. CC BY-ND5. CC BY-NC6. CC BY-NC-SA7. CC BY-NC-ND8. Various / non-CC9. Don’t know
Slide 45
The Patchwork Quilt
• A world of rich content and bright lights... often means many licences
Issue 2
Solution
• Accepting limitations• Changing approach to development• Encouraging open, simple licensing
Slide 46
What’s the expected audience?
1 2 3 4 5 6 7
0%
24%
6%
18%
12%12%
29%1. UK local/regional2. UK national3. European4. English-speaking global5. Global6. Very varied7. Don’t know
Slide 47
Any Storm in a Port?
• Ported v unported licences• Over focus on jurisdiction
Issue 3
Solution
• Recognising the audience• Improved understanding of CC
Slide 48
What’s Your Attitude to IPR?
1 2 3 4 5 6
5%
20%
5%5%
10%
55%1. Anarchist2. Boundaries need pushed3. Pragmatic, not pedantic4. Conservative & cautious5. Strongly risk averse6. Not sure
Slide 49
Let’s Get Risqué!
• Altruism, anarchy, openness, transparency, copyright = copywrong
Issue 4
Solution
• Recognition of IPR risk in OER• A low risk threshold?• Champion risk-free resources
Slide 50
Institutional attitude to OER
1 2 3 4 5
19%
13%
6%
25%
38%1. Strong buy-in at all levels2. Staff buy-in, but senior
management untested3. Project is testing the waters4. Some institutional barriers5. Not sure (yet!)
Slide 51
Yours, Mine, and Minefields
• Ownership of IPR in academic work• Denial, and sensitivities
Issue 5
Solution
• Senior management buy-in• Staff and student buy-in• A diplomatic approach to OER
Slide 52
How much third party content?
1 2 3 4 5 6 7
12%
6%
47%
6%
12%
6%
12%
1. The vast majority2. Lots3. Some4. A little5. None6. Large variations7. Don’t know
Slide 53
Asking the World...
• Getting third party permissions• The world isn’t changing fast enough
Issue 6
Solution
• Getting buy-in (not just legal)• Accept limits / alter current approach• Wait
Slide 54
Including Other People’s Stuff
• Don’t ignore the issue• Get permission• Create an original replacement• Link or refer to the third party material• Include, with a warning as to licence limits
Slide 55
Use of Licences & Statutory Exceptions
• Limited• Blanket licences do not allow inclusion• Few commercial licences allow inclusion• Fair dealing for research• Fair dealing for criticism/review
Slide 56
Scenario – Using Audio
• The modern languages department at the University of Central Scotland have recorded several ‘vodcasts’ and wish to add some music to make them more interesting, before making them available as OERs. How would you advise?
Slide 57
Scenario – Using Video
• A consortium of institutions wish to devise a sociology OER dealing with domestic violence issues, using a selection of clips from television and films as material for discussion. How would you advise them?
Slide 58
Audit Trail
• Lack of formalities• Evidence of permission depends on risk• Find the right balance – not easy• Exercise reasonable scepticism over the right
to grant permission
Slide 59
Appraising the Approaches
• Getting permission• Including under a separate licence or
exception• Linking or referencing• Recreating
Slide 60
Top Tips for AvoidingOER IPR Trouble
Slide 61
OER Without (Legal) Tears
1. Copyright isn’t going to change much – live with that, and accept the legal reality
2. Be mindful of tensions and sensitivities – CC involves giving something away, forever
3. Avoid of complex licensing – it’s easy for things to get out of hand. “Link and split”!
Slide 62
OER Without (Legal) Tears
4. Focus on using what’s available, rather than what you can’t have (easily)
5. Promote change in the creative world – many people do want to share, but the legal default is set otherwise
6. Get clarity as to ownership of copyright works, before they are created
Slide 63
OER Without (Legal) Tears
7. Help out users – define your terms such as attribution and commercial use
8. Use and contribute CC licensed material to repositories, databases and collections
9. Move copyright up the agenda. The potential benefits (and savings) are huge.
Slide 64
OER Without (Legal) Tears
10.Use the support that’s available. You don’t need to do it on your own.
Slide 65
Sources of Supportwww.jisclegal.ac.uk
www.web2rights.org.uk
www.web2rights.com/OERIPRSupport/
www.creativecommons.org
Slide 66
Sources of Support
www.jisc-collections.ac.ukJISC’s collective licensing organisation
www.ipo.gov.ukThe UK Government-backed home of intellectual property on the Internet
Slide 67
Case Studies
Slide 68
The Ethnography Project
• Several universities are funded to work together in order to bring together a range of artefacts, recordings, photographs, and artwork in a repository for use by the participating institutions, and for general use by the public. What are the CC considerations?
Slide 69
Final Questionsand Discussion
Slide 70
?Any Questions?
Slide 71