ipr and creative commons for interactive learning resources for skills

21 Nov 2014London

Intellectual Property Rights and Creative Commons- for Interactive Learning Resources for Skills Projects

© Contact Leonardo for reuseleonardo@vinci

Intellectual Property Rights and Creative Commons Workshop 21 Nov 2014

Jason Miles-Campbell

[email protected]

0141 548 4939

www.jisclegal.ac.uk

2

Jisc Legal Manager


Have you heard of Jisc Legal before?

1. Hello again, Jason

2. Yes, fairly often

3. Yes, used occasionally

4. Vague acquaintance

5. What’s that, then?

3

Hello a

gain

, Jas

on

Yes, f

airly o

ften

Yes, u

sed o

ccasio

nally

Vague a

cquain

tance

What

’s th

at, t

hen?

12%8%

24%

32%

24%


When it comes to copyright law...

1. I’m confident

2. I’ve a fair idea

3. I dabble

4. I ask others

5. I hide in the toilet

5

I’m co

nfident

I’ve a

fair

idea

I dabble

I ask

oth

ers

I hid

e in th

e toile

t

8%

44%

0%

28%

20%


6

What’s IPR all about…

Incoming IPR

- stuff that goes into your project

Outgoing IPR

- Making your resources available to others


7

Copyright in One Slide

Are you the owner?

If not, get permission

Or use statutory exception

Intellectual Property Rights and Creative Commons Workshop 21 Nov 2014 8

... 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...

“

”

Copyright Law for Digital Teaching and Learning Workshop 15 May 2014

»The changing landscape:

› greater awareness

› business model

protection

› pervasive technology,

and access

9

» Motivators

› it’s the law

› confidence

› example

› reputation and trust

› quality

Why comply?I came, I saw, I right-clicked…


10

Incoming IPR

Rules with regards to ownership

Employees

Organisations

Contractors

Re-licensing


How much third party content?

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

11

The v

ast m

ajorit

yLo

ts

Som

e

A littl

eNone

Larg

e varia

tions

Don’t kn

ow

0%

5%

42%

5%

0%

21%

26%


12

Outgoing IPR

‘Openness’

Creative Commons

Attribution

+/- Derivatives

+/- Commercial

+/- Share Alike


Give Me What I Want,What I Really, Really Want

Your search returned 56,139 media items

- 0 meet your licensing requirements...


Getting to know(and possibly love)

Creative Commons


Creative Commons Licences 1

• Just a licence, like any other

• Standard terms

• Familiarity

• Legal status “debate”

• Other licences are available...



• Irrevocable / Perpetual

• Summary / Legal Code / Symbols

• Elements / Components

• Porting and Versions

• When is a CC licence not a CC licence?


CC Licences Elements

BY – the attribution element

NC – the non-commercial qualification

ND – the non-derivative qualification

SA – the ShareAlike qualification



CC 0CC BYCC BY-SACC BY-ND

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


Which licence did you specify?

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

19

CC-0

CC BY-S

A

CC BY-N

C

CC BY-N

C-ND

Don’t kn

ow

4%

78%

4%0%

4%4%4%0%0%


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’


NC – Cut the Commerce!

What does ‘non commercial’ mean?

Applies to the activity, not the organisation

Remedies for commercial ‘breach’

Control, not prohibition


ND – Don’t Get Derivative

What is a derivative?

How much change can I make?

Collections

Control, not prohibition


SA – ShareAlike

Applies to derivatives

New version must be licensed under a

similar licence as the original


Interoperability and Blending

Tools at:

www.web2rights.com/creativecommons

Wizard 1: given materials, which CC licence can I use?

Wizard 2: given a particular CC licence, what can I include?

Open Government Licence (OGL) compatible with CC BY


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?



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?



3. 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?!


Choosing a Creative Commons Licence – the consequences


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


Including Other People’s Stuff in Your Resources


Understanding the CC Licences

A learning curve for projects, creators and rights holders

The “not quite CC” syndrome

• Education and changing perceptions

• Understanding CC as permissions

• Understanding CC compatibilities etc


The Patchwork Quilt

A world of rich content and bright lights...

often means many licences

• Accepting limitations

• Changing approach to development

• Encouraging open, simple licensing


What’s the expected audience?

1. UK local/regional

2. UK national

3. European

4. English-speaking global

5. Global

6. Very varied

7. Don’t know

33

UK loca

l/regi

onal

UK natio

nal

Euro

pean

Englis

h-spea

king gl

obal

Global

Very v

aried

Don’t kn

ow

10%

90%

0% 0%0%0%0%


Any Storm in a Port?

Ported v unported licences

Over focus on jurisdiction

• Recognising the audience

• Improved understanding of CC


What’s Your Attitude to IPR?

1. Anarchist

2. Boundaries need pushed

3. Pragmatic, not pedantic

4. Conservative & cautious

5. Strongly risk averse

6. Not sure

35

Anarchist

Boundarie

s need

push

ed

Pragm

atic,

not p

edantic

Conserv

ative

& ca

utious

Stro

ngly r

isk a

vers

e

Not sure

0%

10%

0%0%

20%

70%


Let’s Get Risqué!

Altruism, anarchy, openness,

transparency, copyright = copywrong

• Recognition of IPR risk in open resources

• A low risk threshold?

• Champion risk-free resources


Organisational attitude to open resources

1. Strong buy-in at all levels

2. Staff buy-in, but senior management untested

3. Project is testing the waters

4. Some organisational barriers

5. Not sure (yet!)

37

Stro

ng buy-

in a

t all

le...

Staff

buy-in

, but s

eni..

Proje

ct is

test

ing

the ..

.

Som

e org

anisa

tional b

...

Not sure

(yet

!)

25%20%

5%

15%

35%


Yours, Mine, and Minefields

Ownership of IPR in academic work

Denial, and sensitivities

• Senior management buy-in

• Staff and student buy-in

• A diplomatic approach to OER


Asking the World...

Getting third party permissions

The world isn’t changing fast enough

• Getting buy-in (not just legal)

• Accept limits / alter current approach

• Wait


Including Other People’s Stuff

Don’t ignore the issue

Option 1: Get permission

Option 2: Create an original replacement

Option 3: Link or refer to the third party material

Option 4: Include, with a warning as to licence limits


Use of Licences & Statutory Exceptions

Blanket licences and commercial licences seldom

allow inclusion

Fair dealing for illustration for instruction

Fair dealing for criticism/review


Copyright 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


Top Tips for Avoiding Open Resource IPR Trouble


Creating Open Resources 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”!



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



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.


On behalf of Jisc Techdis…

…accessibility and inclusion



10. Use the support that’s available. You don’t need to

do it on your own.


Sources of Support

www.jisclegal.ac.uk

www.web2rights.org.uk

www.web2rights.com/OERIPRSupport/

www.creativecommons.org

www.ipo.gov.uk


In summary…

Sort out ‘incoming’ IPR

Make life as easy as possible for users

Use support


I’m now feeling…

A. Rock solid

B. Quietly confident

C. Unsure

D. On the verge of a nervous breakdown

E. I’ll tell you in three months’ time

51

Rock

solid

Quie

tly co

nfident

Unsu

re

On th

e verg

e of a

ne...

I’ll

tell

you in

thre

e ...

13%

74%

9%0%4%


Your questions

53

This work, with the exception of logos, and any other content marked with a separate copyright notice, is

licensed under a Creative Commons Attribution 3.0 Unported Licence. Attribution should be “© Jisc

Legal – www.jisclegal.ac.uk – used under Creative Commons Attribution 3.0 Unported Licence” (with

clickable URLs where possible). The use of logos in the work is licensed for use only on non-derivative

copies. Further information at www.jisclegal.ac.uk/CopyrightPolicy.

http://creativecommons.org/licenses/by/3.0/

http://www.jisclegal.ac.uk/

http://creativecommons.org/licenses/by/3.0/

http://www.jisclegal.ac.uk/CopyrightPolicy