2. Copyright
The author is usually the copyright owner of his work(s)
even without any expression and copyright mark.
● Except when the work-for-hire rules apply, the author's
employer owns work(s)
● An author-owner is free to assign copyright to anyone,
so a written contract can change these basic rules.
● Ownership can be complicated in merged and
collaborative works, the agreement at the start of a
project is crucial.
Resource : The Copyright Crash Course
from the University of Texas at Austin
3. Fair Use (from U.S. Copyright Law)
... for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall
include —
(1) the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or
value of the copyrighted work.
4. Fair Use (con't)
Fair Use Best Practices statements (sponsored by the
Center for Social Media and Washington School of Law at
American University) stated that court decisions focused on
two questions:
● Is the use you want to make of another's work
transformative -- that is, does it add value to and
repurpose the work for a new audience;
● Is the amount of material you want to use appropriate to
achieve your transformative purpose?
Transformative uses that repurpose no more of a work than
is needed to make the point, or achieve the purpose, are
generally fair use.
5. TEACH Act (link to Toolkit)
TEACH Act is a set of rights to display (show) and perform
(show or play) others' works in the classroom. These rights
are in Section 110(1) of the Copyright Act and apply to any
work, regardless of the medium. But there is a considerable
gap between what the statute authorizes for face-to-face
teaching and for distance education.
Fair use also remains important because the in-classroom
activities (even if the classroom is virtual) the TEACH Act
authorizes are a small subset of the uses of electronic
resources educators may wish to make. It only covers in
class performances and displays, not, for example, digital
delivery of supplemental reading, viewing, or listening
materials.
6. Exemptions for OER ?
Fair Use and TEACH Act aren't applicable if you want to
use something for creating OER. The reason is that you
can't be sure in what context your OER will be used.
7. What's Copyleft? (www.GNU.org)
Copyleft is a general method for making a
program (or other work) free, and requiring all
modified and extended versions of the
program to be free as well.
Copyleft is a general concept, in the GNU
Project, the specific distribution terms for most
software are contained in the GNU General
Public License. (GNU GPL for short)
The GNU Free Documentation License (FDL)
is a form of copyleft intended for use on a
manual, textbook or other document to assure
everyone the effective freedom to copy and
redistribute it, with or without modifications,
either commercially or noncommercially.
9. How does CC work?
Taken together, these three
layers of licenses ensure that
the spectrum of rights isn’t
just a legal concept. It’s
something that the creators of
works can understand, their
users can understand, and
even the Web itself can
understand (software
systems, search engines, and
other kinds of technology can
understand).
(read details)
15. Attribution
CC BY
This license 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 licenses offered. Recommended for
maximum dissemination and use of licensed materials.
View License Deed | View Legal Code
16. Attribution-ShareAlike
CC BY-SA
This license 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. This license is often compared to “copyleft” free and
open source software licenses. All new works based on
yours will carry the same license, so any derivatives will
also allow commercial use. This is the license used by
Wikipedia, and is recommended for materials that would
benefit from incorporating content from Wikipedia and
similarly licensed projects.
View License Deed | View Legal Code
17. Attribution-NoDerivs
CC BY-ND
This license allows for redistribution, commercial and non-
commercial, as long as it is passed along unchanged and
in whole, with credit to you.
View License Deed | View Legal Code
18. Attribution-NonCommercial
CC BY-NC
This license 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.
View License Deed | View Legal Code
19. Attribution-NonCommercial-
ShareAlike CC BY-NC-SA
This license 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.
View License Deed | View Legal Code
20. Attribution-NonCommercial-
NoDerivs CC BY-NC-ND
This license is the most restrictive of our six main licenses,
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.
View License Deed | View Legal Code
21. CC0 — “No Rights Reserved”
Unlike the Public Domain Mark, CC0 should not be used to
mark works already free of known copyright and database
restrictions and in the public domain throughout the world.
However, it can be used to waive copyright and database
rights to the extent you may have these rights in your work
under the laws of at least one jurisdiction, even if your work
is free of restrictions in others. Doing so clarifies the status
of your work unambiguously worldwide and facilitates
reuse.
You should only apply CC0 to your own work, unless you
have the necessary rights to apply CC0 to another person’s
work.
22. Public Domain Mark - “No Known
Copyright”
The Public Domain Mark is recommended for works that
are free of known copyright around the world. These will
typically be very old works. It is not recommended for use
with works that are in the public domain in some
jurisdictions if they also known to be restricted by copyright
in others. (Learn more about the Public Domain Mark)
23. Other Open Licenses
In addition to the licenses published by Creative Commons,
which are the most common and straightforward licenses,
some publishers opt to write their own open licenses.
● Teachers' Domain - download & share, download,
share, & remix (Note only applies to content marked as
such)
● NROC terms of use - Hippocampus terms of use
● Stock.XCHNG license
24. What's Real Open ?
(another Open Definition)
1. Access
2. Redistribution
3. Reuse
4. Absence of Technological Restriction
5. Attribution
6. Integrity
7. No Discrimination Against Persons or Groups
8. No Discrimination Against Fields of Endeavor
9. Distribution of License
10. License Must Not Be Specific to a Package
11. License Must Not Restrict the Distribution of Other Works
25. Attribution
● U.S. Copyright Law and related laws
● Creative Commons
● The Copyright Crash Course from the University of
Texas at Austin
The avatar images are from the animation made with Xtranormal.
