This presentation was delivered by Jason Miles-Campbell at a SCORE / JISC Legal OER and Creative Commons workshop on 16 September 2011, at the Open University, Milton Keynes.

1. OER and Creative CommonsA guide to law, copyright and open licensing SCORE / JISC Legal Workshop Open University, 16 September 2011 79

3. jason.miles-campbell@jisclegal.ac.uk

4. 0141 548 4939

6. 10:00 – 10:15 Welcome and introduction 10:15 – 10:45 What You Need To Know About Copyright for OER 10:45 – 11:30 Getting to Know Creative Commons 11:30 – 12:00 Choosing a CC Licence – the Consequences 12:00 – 13:00 Lunch 13:00 – 15:00 Including Other People’s Stuff in Your OER 15:00 – 15:30 Tea/Coffee 15:30 – 15:45 Top Tips for Avoiding OER IPR Trouble 15:45 – 16:45 Case Studies 16:45 – 17:00 Final Questions and Discussion

7. What time are you leaving? The bitter end (5pm) Nipping away a few minutes early The 4pm train was cheaper You’ll be lucky to see me after lunch I should be at the shops by now

8. What time are you leaving? The bitter end (5pm) Nipping away a few minutes early The 4pm train was cheaper You’ll be lucky to see me after lunch I should be at the shops by now

9. What You Need To Know About Copyright for OER

10. When it comes to IPR... I’m confident I’ve a fair idea I dabble I ask others I hide in the toilet 0

11. 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

12. 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

13. 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

14. 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

15. “ ... 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

16. Top Tip 1 Facilitation, not Compliance Copyright is good! How to use other people’s stuff online Confidence!

17. Top Tip 2 Look in the Pantry! Find out what you’ve got before you go shopping – you’ve got ingredients already! Blanket licences Open licences

18. Top Tip 3 Let Users Deal Fairly Where circumstances and purposes allow, let users do itfor themselves

19. Top Tip 4 The Examination Creation Exemption for examinations Summativeassessment

20. Licensed to Inspire Top Tip 5 Licences are key Licences set bounds Blanket licences Negotiating licences

21. Top Tip 6 Spread the Licence Word Find out what licences you hold Understand whatthey allow Tell your staff JISC Legal resource

22. As to use of licences we hold... We’re on the ball We have a passing knowledge We muddle on, and keep our head down We hope no-one notices Don’t know

23. Top Tip 7 Make Holdings Into Usings Change of focus Having isn’t enough Understanding reusein the digital world

24. Ask! Top Tip 8 Seeking permission isn’t always tough Prepare for “no”and silence Consider acentral function

25. Copyright on the Agenda Top Tip 9 Efficient, effectivee-learning Support andassistance Clear ownership

26. Born to Make You Happy Top Tip 10 Sources of information and guidance Who is it at your institution? JISC Legal Licence providers Lots of help!

27. Getting to KnowCreative Commons

28. Creative Commons Licences 1 Just a licence, like any other Standard terms Familiarity Legal status “debate” Other licences are available...

29. Creative Commons Licences 2 Irrevocable / Perpetual Summary / Legal Code / Symbols Elements / Components Porting and Versions When is a CC licence not a CC licence?

30. Creative Commons Licences 3

31. CC Licences Elements BY – the attribution element NC – the non-commercial qualification ND – the non-derivative qualification SA – the ShareAlike qualification

32. 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’

33. NC – Cut the Commerce! What does ‘non commercial’ mean? Applies to the activity, not the organisation Remedies for commercial ‘breach’ Control, not prohibition

34. ND – Don’t Get Derivative What is a derivative? How much change can I make? Collections Control, not prohibition

35. SA – ShareAlike What is a derivative? How much change can I make? Collections Control, not prohibition

36. Interoperability and Blending Tools at: www.web2rights.com/creativecommons Wizard 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

37. Some Scenarios for Discussion 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?

38. Some Scenarios for Discussion 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?

39. Choosing a CC Licence –the Consequences

40. 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

41. The Consequences of the Choice CC-0 BY - attribution NC – non-commercial restriction ND – non-derivative restriction SA – ShareAlike restriction

42. 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?!

43. 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?

44. Including Other People’s Stuff in Your OER

46. Understanding CC as permissions

49. Changing approach to development

54. A low risk threshold?

57. Staff and student buy-in

60. Accept limits / alter current approach

62. 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

63. 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?

64. 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?

65. 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

66. Appraising the Approaches Getting permission Including under a separate licence or exception Linking or referencing Recreating

67. Top Tips for AvoidingOER IPR Trouble

68. OER Without (Legal) Tears Copyright isn’t going to change much – live with that, and accept the legal reality Be mindful of tensions and sensitivities – CC involves giving something away, forever Avoid of complex licensing – it’s easy for things to get out of hand. “Link and split”!

69. OER Without (Legal) Tears Focus on using what’s available, rather than what you can’t have (easily) Promote change in the creative world – many people do want to share, but the legal default is set otherwise Get clarity as to ownership of copyright works, before they are created

70. OER Without (Legal) Tears Help out users – define your terms such as attribution and commercial use Use and contribute CC licensed material to repositories, databases and collections Move copyright up the agenda. The potential benefits (and savings) are huge.

71. OER Without (Legal) Tears Use the support that’s available. You don’t need to do it on your own.

72. Sources of Support www.jisclegal.ac.uk www.web2rights.org.uk www.web2rights.com/OERIPRSupport/ www.creativecommons.org

73. 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

74. Case Studies

75. 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?

76. Final Questionsand Discussion

77. ? Any Questions?