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OER and Creative CommonsA guide to law, copyright and open licensing

December 2011

79

SCORE / JISC Legal Workshop

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Hi!• John X Kelly

JISC Legal• johnxkelly@jisclegal.ac.uk• 0141 548 4939• www.jisclegal.ac.uk

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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

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What time are you leaving?What time are you leaving?

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36%

27%

0%0%

36%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

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When it comes to IPR...

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8%

42%

8%

33%

8%

1. I’m confident2. I’ve a fair idea3. I dabble4. I ask others5. I hide in the toilet

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Copyright in One SlideCopyright 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

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Who Owns The Copyright?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

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I Just Want Some ContentI 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

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I Want THAT ContentI 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

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... 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

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Top Tip 1

• Copyright is good!

• How to use other people’s stuff online

• Confidence!

Facilitation, not Compliance

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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!

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Top Tip 3

• Where circumstances and purposes

allow, let users do it

for themselves

Let Users Deal Fairly

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Top Tip 4

• Exception for examinations

• Summative

assessment

The Examination Creation

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Top Tip 5

• Licences are key

• Licences set bounds

• Blanket licences

• Negotiating licences

Licensed to Inspire

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Top Tip 6

• Find out what licences you hold

• Understand whatthey allow

• Tell your staff

• JISC Legal resource

Spread the Licence Word

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As to use of licences we hold...

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17%

42%

17%

8%

17%

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

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Top Tip 7

• Change of focus

• Having isn’t enough

• Understanding reusein the digital world

Make Holdings Into Usings

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Top Tip 8

• Seeking permission isn’t always tough

• Prepare for “no”and silence

• Consider acentral function

Ask!

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Top Tip 9

• Efficient, effectivee-learning

• Support andassistance

• Clear ownership

Copyright on the Agenda

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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

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Getting to KnowGetting to KnowCreative CommonsCreative Commons

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Creative Commons Licences 1Creative Commons Licences 1

• Just a licence, like any other• Standard terms• Familiarity• Legal status “debate”• Other licences are available...

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Creative Commons Licences 2Creative Commons Licences 2

• Irrevocable / Perpetual• Summary / Legal Code / Symbols• Elements / Components• Porting and Versions• When is a CC licence not a CC licence?

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Creative Commons Licences 3Creative Commons Licences 3

CC 0CC BYCC BY-SACC BY-ND

CC BY-NCCC BY-NC-SACC BY-NC-ND

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CC Licences ElementsCC Licences Elements

• BY – the attribution element• NC – the non-commercial qualification• ND – the non-derivative qualification• SA – the ShareAlike qualification

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BY – the Art of AttributionBY – 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’

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NC – Cut the Commerce!NC – Cut the Commerce!

• What does ‘non commercial’ mean?• Applies to the activity, not the organisation• Remedies for commercial ‘breach’• Control, not prohibition

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ND – Don’t Get DerivativeND – Don’t Get Derivative

• What is a derivative?• How much change can I make?• Collections• Control, not prohibition

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SA – ShareAlikeSA – ShareAlike

Future adaptations have the same permissions as the original

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Interoperability and BlendingInteroperability 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

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Some Scenarios for DiscussionSome 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?

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Some Scenarios for DiscussionSome Scenarios for Discussion

2. Bucks Fizz College decides it wishes to develop and promote a community of business tutors collaboratively creating materials across the education sector. It chooses a CC BY-NC-SA licence. A good choice?

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Choosing a CC Licence –Choosing a CC Licence –the Consequencesthe Consequences

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The Consequences of the ChoiceThe 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

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The Consequences of the ChoiceThe Consequences of the Choice

• CC-0• BY - attribution• NC – non-commercial restriction• ND – non-derivative restriction• SA – ShareAlike restriction

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Some Scenarios for DiscussionSome 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?!

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Some Scenarios for DiscussionSome 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?

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Including Other People’s Including Other People’s Stuff in Your OERStuff in Your OER

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Understanding the CC LicencesUnderstanding 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

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Which licence for you?

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0%

20%

30%

0% 0%

10%

20%

10%10%

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

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The Patchwork QuiltThe 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

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What’s the expected audience?

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0%

27%

9%

0%0%

36%

27%

1. UK local/regional2. UK national3. European4. English-speaking global5. Global6. Very varied7. Don’t know

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Any Storm in a Port?Any Storm in a Port?

• Ported v unported licences• Over focus on jurisdiction

Issue 3

Solution

• Recognising the audience• Improved understanding of CC

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What’s Your Attitude to IPR?

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0%

17%

0%

8%

42%

33%

1. Anarchist2. Boundaries need pushed3. Pragmatic, not pedantic4. Conservative & cautious5. Strongly risk averse6. Not sure

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Let’s Get Risqué!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

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Institutional attitude to OER

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17%

8%

25%

17%

33%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!)

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Yours, Mine, and MinefieldsYours, 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

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How much third party content?

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0%

9%

55%

9%9%

0%

18%

1. The vast majority2. Lots3. Some4. A little5. None6. Large variations7. Don’t know

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Asking the World...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

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Including Other People’s Stuff 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

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Use of Licences & Statutory ExceptionsUse 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

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Scenario – Using AudioScenario – Using Audio

• The mathematics department at the University of Central England 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?

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Scenario – Using VideoScenario – Using Video

• A consortium of institutions wish to devise an OER dealing with preventing violence in demonstrations, using a selection of clips from television and films as material for discussion. How would you advise them?

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Audit TrailAudit 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

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Appraising the ApproachesAppraising the Approaches

• Getting permission• Including under a separate licence or

exception• Linking or referencing• Recreating

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Top Tips for AvoidingTop Tips for AvoidingOER IPR TroubleOER IPR Trouble

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OER Without (Legal) TearsOER 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”!

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OER Without (Legal) TearsOER 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

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OER Without (Legal) TearsOER 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.

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OER Without (Legal) TearsOER Without (Legal) Tears

10.Use the support that’s available. You don’t need to do it on your own.

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Sources of SupportSources of Supportwww.jisclegal.ac.uk

www.web2rights.org.uk

www.web2rights.com/OERIPRSupport/

www.creativecommons.org

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Sources of SupportSources 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

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Case StudiesCase Studies

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The LectureA US academic gives a lecture on global environmental changes at your institution. You video the talk including the slides and put it on your intranet. Written materials are provided by the speaker. These were written as part of the speakers work at her institution and contain substantial quotes from works by other authors which she says are covered by fair use. Your team leader tasks you with OER ing the lecture and the speakers notes. He is particularly keen that you use a CC licence.

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The BlogYou decide that a blog that has been around for some time in your department and that was originally set up and maintained by a senior colleague that has now gone off to Brazil to retire should be preserved and made more use of by the community. Several of the blogging contributors had posted materials from journals and magazines as well as Wikipedia and other internet stuff. After looking into it you realise that some of the blog posts have been reproduced in an activist newsletter with attribution but with substantial changes that alter arguments made by original contributors.

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Final QuestionsFinal Questionsand Discussionand Discussion

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??Any Questions?Any Questions?

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