emory open education initiative 2014 - copyright and the creative commons
DESCRIPTION
A brief overview of Copyright Law and the Creative Commons for creating Open Educational Resources (OERs) conducted as part of the 2014 Immersion Training for the Emory Open Education Initiative.TRANSCRIPT
Copyright and Creative Commons
Melanie T. Kowalski
Emory Open Education Initiative Immersion TrainingMay 15, 2014
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By the end of this session you should…
• Have a basic understanding of copyright protection
• Know how to seek copyright permission• Know how to find works licensed under the
Creative Commons• Know how to apply a Creative Commons
License to your own work
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Copyright Law - A quick overview
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What is copyright?
“The Congress shall have Power To….promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries”
US Constitution, Article 1, Section 8
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What are the “rights” in Copyright?
The rights of the copyright owner are: To reproduce the work To prepare derivative works To distribute copies of the work To publicly perform the work To publicly display the work directly or by
telecommunication To publicly perform a sound recording by digital
means
Original works of authorship fixed in a tangible medium of expression
What does Copyright Protect?
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What doesn’t Copyright Protect?
• Works not protected by copyright include:– Titles, names, short phrases, slogans– Facts, news and discoveries– Ideas, procedures, methods, systems, processes
(however, these may be patentable)– Works lacking a modicum of originality (e.g. a phone
book in alphabetical order)– Works created by the U.S. government– Useful articles (such as clothing)
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Duration of the Copyright protection
• Copyright law grants exclusive rights to copyright owners – Term of copyright is currently life of the author + 70
years– Copyright notice ( © ) is not required– When copyright expires, work enters the public
domain
• To maintain balance, © Law has several exemptions (Ex. Fair Use)
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Copyright Exemptions
• Classroom Use Exemption – Section 110 (1)• TEACH Act Exemption – Section 110 (2)• Fair Use – Section 107
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Copyright Exemption - Fair Use
Balancing test, comprised of four factors: Purpose and Character Nature of the copyright work Amount of the use Effect on the market or potential market for the
copyrighted work
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How to Obtain Permission
• Identify the © owner • Contact the © owner in writing and include:
– Exact material to be used– Intended use of the material– Form of publication
For OERs = unrestricted audience for an unlimited time
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Permissions Help?
Bielstein, Susan M. Permissions, a Survival Guide: Blunt Talk about Art as Intellectual Property. Chicago: U of Chicago, 2006.
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When Permission Isn’t Needed
• Work is in the public domain– US Federal Government document– Published in US prior to 1923 – Published in a foreign country prior to 1909
• Creative Commons licenses• When you are the creator and have retained the
rights to re-publish
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Using Licensed Materials
• Database user agreements (licenses)– Allows faculty, staff, and students access to content of
databases– Fine when providing links to Emory students– Not fine when providing links to non-Emory students
FOR OERS: NO SUBSCRIPTION = NO ACCESS
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The Creative Commons License
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What are the Creative Commons?
“C-Clones or Creative Commons” by Kristina Alexanderson; This image is being used
under a CC-BY-NC-SA license.
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What are the Licenses
AttributionCC-BY
Attribution-NoDerivsCC-BY-ND
Attribution-ShareAlikeCC-BY-SA
Attribution-NonCommercialCC-BY-NC
Attribution- NonCommercial-ShareAlikeCC-BY-NC-SA
Attribution-NonCommercial-No DerivsCC-BY-NC-ND
“No Rights Reserved” Public Domain Mark
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Applying a CC License to your work
• If your original content, use CC Choose a License Tool http://creativecommons.org/choose/
• If remix of content, use OER IPR Support Creative Commons License Compatibility Wizards - http://www.web2rights.com/OERIPRSupport/creativecommons/
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Creative Commons Exercise
creativecommons.org/choose/
Scenario: I have created a video for my OER textbook. The video includes original content that I created. I want to
share the video with the world using a Creative Commons License. I do want people to be able to remix it, quote it, or create other works with it, as long as they also share their work openly too. I do not care if someone profits from their
use of the video.
Which CC License should I choose??
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Using CC Licensed Content
• Proper Creative Commons attribution should include:– The name or user ID of the creator– The title of the work, if any– The Creative Commons license under which the
original work is available– A reproduction of any copyright notices the creator
included– If you’ve made a derivative work, an identification that
your work is derivative
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Example:
“Moses…” by Giovanni (giopup @ flickr); This image is being used under a CC-BY-SA license.
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Let the Q & A commence!