1https://www.flickr.com/photos/toprankblog/10987479805/in/photostream/

• 16 October 2014

Copyright• A collection of exclusive rights, given to

creators and authors to protect their original works

– copyright holder has the exclusive right to control the publication, distribution and adaptation of their works for a certain period of time, after which time the work enters the public domain.

– Regarded as providing an incentive for creativity to authors and creators as well as a means of financial compensation for their intellectual property.

Meaning of Terms

• Author/Creator: is the originator of any written work

• Copyright: exclusive right given by law to the author/creator of a work

• What can be copyrighted? – Any work which is not an exact copy of someone else’s work

• Can ideas be copyrighted? No… only expression of ideas are copyrighted...

• Can copyright be transferred? Yes, an author can assign copyright to another person, as in the case of property

Copyright

Exclusive rights given by law to the original creator/author

• To get credit

• To copy

• To distribute

• To license

• To sell/make economic transaction

• To perform

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Further Copyright…

• Prohibits unauthorized use, distribution, performance, adaptation, sell, etc.

• Requires permission of the Copyright holder for creating any derivative works

• Fair use or fair dealing is though permitted

• Fair use covers Examples of fair use include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. 5

All rights reserved

• May not reproduce

• Fair use / Fair dealing for classroom use

• Permission / royalty payments for reproduction

• May not use on the Internet

Knowledge Commons

• Who owns knowledge?

• Researchers stand on the shoulder of giants

• Previous research is necessary for new research

• Knowledge is Free – Information is not.

• Data Information Knowledge

What is “Open”?

• It’s about open license used to share educational and research material– Reuse

– Revise

– Remix

– Redistribute

– Retain

• No permission required as long as the open license is respected

Defining the "Open" in Open Content

• Retain - the right to make, own, and control copies of the content (e.g., download, duplicate, store, and manage)

• Reuse - the right to use the content in a wide range of ways (e.g., in a class, in a study group, on a website, in a video)

• Revise - the right to adapt, adjust, modify, or alter the content itself (e.g., translate the content into another language)

• Remix - the right to combine the original or revised content with other open content to create something new (e.g., incorporate the content into a mashup)

• Redistribute - the right to share copies of the original content, your revisions, or your remixes with others (e.g., give a copy of the content to a friend)

9http://www.opencontent.org/definitio

n/

Why Creative Commons?

• Legal Code: expansive legal languages tested in several cases

• Commons Code: Simple icon-based approach to explain what you can do want you can’t

• Digital Code: Enables search engines to search and locate through CC Rights Expression Language

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Why consider licensing?

• Copyright and licensing issues permeate discussion and debate on creation and reuse of OER

• are at the heart of OER as they have important implications for creators, users and institutions.

• By default, copyright is automatic and ‘all rights reserved’ - thus permission is required by those who wish to use the work.

Creative Commons http://creativecommons.org/license

• Most developed alternative Licensing approach : Larry Lassig

• User friendly licenses for digital materials

Open LicensesCreative Commons

• CC-BY

• CC-BY-SA

• CC-BY-NC

• CC-BY-NC-SA

• CC-BY-ND

• CC-BY-NC-ND

Concepts

• Attribution

• Share Alike

• Non-Commercial

• Non-Derivative

Creative Commons licences

• CC licences are not an alternative to copyright. They enable creators to distribute their content to a wide audience and specify the manner in which the work can be used while still maintaining their copyright.

• CC aims to make copyright content more ‘active’ by ensuring that content can be redeveloped easily.

Creative Commons licences

• All CC licences have common features:– Help creators/licensors retain copyright while allowing

others to copy, distribute, and make some uses of their work — at least non-commercially.

– Ensure licensors get the credit for their work.

– Work around the world and last as long as applicable copyright lasts (because they are built on copyright).

• These common features serve as the baseline, on top of which licensors can choose to grant additional permissions when deciding how they want their work to be used.

Creative Commons conditionsCondition Explanation

Attribution (BY)

All CC licences require that others who use your work in any way must attribute it – i.e. must reference the work, giving you credit for it – the way you request, but not in a way that suggests you endorse them or their use of the work.

Non-Commercial (NC)

You let others copy, distribute, display, perform and (unless you have chosen No Derivatives) modify and use your work for any purpose other than commercially.

No Derivative works (ND)

You let others copy, distribute, display and perform only original copies of your work.

Share Alike (SA)

You let others copy, distribute, display, perform and modify your work, as long as they distribute any modified work on the same terms.

The six Creative Commons licences

• Attribution (CC-BY)

– This licence lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.

– This is the most accommodating of licencesoffered.

– It is recommended for maximum dissemination and use of licensed materials.

Creative Commons licences ctd

• Attribution-ShareAlike (CC BY-SA)

– This licence lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms.

– Often compared to “copyleft” free and open source software licences.

– All new works based on yours will carry the same licence, so any derivatives will also allow commercial use. This is the licence used by Wikipedia.

Example: BY-SA

• Published by WikiEducator

• BY-SA

– With Attribution (BY)

– Share Alike (SA)

Creative Commons licences ctd

• Attribution-NoDerivs (CC BY-ND) – This licence allows for redistribution, commercial

and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

• Attribution-NonCommercial (CC BY-NC) – This licence lets others remix, tweak, and build

upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

Example: NC

• Published by the UKOU

• CC-NC - Non-Commercial (may cover all costs but no profit)

Example: NC-ND

• Published by WIPO

• CC-NC-ND

– Free of charge

– Non-Commercial (may cover all costs but no profit)

– No Derivatives (No editing)

Creative Commons licences ctd

• Attribution-NonCommercial-ShareAlike(CC BY-NC-SA)

– This licence lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

Creative Commons licences ctd

• Attribution-NonCommercial-NoDerivs(CC BY-NC-ND)

– This licence is the most restrictive, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

Creative Commons Public Domain Tools

• CC’s public domain tools enable authors and copyright owners who want to dedicate their works to the worldwide public domain to do so.– The CC0 tool (“No Rights Reserved”) allows

licensors to waive all rights and place a work in the public domain.

– The Public Domain mark identifies a work that is free of known copyright restrictions. It is not recommend for works that are restricted by copyright laws in one or more jurisdictions.

Ported and Unported licences• When looking at a particular CC-licensed

document or work, you may find that it refers to ported or unported licences. This refers to the underlying legal code.– ‘Port’ applies to the adaptation of data to suit a

particular technological or policy jurisdiction/territory/environment.

– Unported licences are not associated with any specific jurisdiction. They are written according to international copyright treaties and are, therefore, in theory, compatible under all copyright legislation in various countries.

Issues to note• There is no registration required to license your work. All you

need to do is select a Creative Commons licence and then display the licence information on your work.

• It may be worthwhile to clearly spell out rights in terms of the materials that third parties produce, including the possibility of subsequent use and reuse by third parties. Policies may stipulate the avoidance of third party, copyrighted material embedded in the material that would otherwise limit its ability to be shared.

• If your work contains third-party (i.e. not created by you) content (e.g. images, text, charts) and you wish to distribute your work widely as an OER – whether in person, or electronically or online – then you must undergo copyright clearance to obtain permission for third-party content.

Example of information to be included when licensing works

• The Creative Commons license with hyperlink to the licence

• The name of the Copyright Holder and Year of Publication• The name of author(s) (N.B., this may be different from

the copyright holder)• Branding of the institution/s, associates, funders etc.• Acknowledgements of those who contributed (media

specialists, voiceovers, collaborators, etc.)• List of all third party copyright clearance obtained (title of

resource with copyright holder)• How the OER is to be cited.• General contact person – an email address for managing

inquires about the OER.

Example: Obtaining a licence for proprietary and commercial works

• Saide Teacher Education Series, published from 1998 to 2002 with Oxford University Press.

• Saide owned the copyright for the learning guides, readers and video/audio resources. These resources are now out of print and the publishing rights for most of the modules in the series have reverted to Saide, who wished to make the materials digitally available on the OER Africa website under a CC licence.

• Permission needed to be sought with regard to the third-party readings. Letters were sent to the copyright holders (the publishers).

• Permission was granted for many of the readings, but not all, and some copyright holders either refused permission or granted permission under certain restrictions.

• Saide reviewed the status for each module, and found that permission was granted for a sufficient number of key readings for it to be useful for those readings to be made available on the website. A full reference list for all of the readings was provided so that users could source the readings (where permission was not granted) independently or apply for copyright permission themselves should they need to – Saide offered to supply print copies to those users wishing to do so.

Summary - Open licences

Take care to check . . .

• Copyright of

– pictures

– graphics

– texts

Understand the rights of copyright holders

References

• OER Africa Copyright toolkit: http://www.oerafrica.org/copyright

• Creative Commons Website: http://creativecommons.org

• Contains a number of useful tools such as the CC licence compatibility wizard which can assist in providing guidance for the most suitable licenceto be used, because not all of the licences are compatible with one another.

Useful Resources

• www.ocw.mit.edu

• www.oecd.org/edu/ceri

• http://www.contactnorth.ca/trends-directions/open-educational-resources

• http://www.tall.ox.ac.uk

• www.sonet.nottingham.ac.uk

• http://www.oerafrica.org

• http://en.wikipedia.org/wiki/Open_educational_resources

• www.oerasia.org