These are example slides for the dScribe activity about how to review materials for copyright, privacy, and endorsement before making publicly available. This document goes with the example actions and attributions at: http://www.slideshare.net/kludewig/dscribe-activity-actions-and-answer-key. Participation instructions: http://www.slideshare.net/kludewig/instructions-for-activity-for-clearing-third-party-content-dscribe A PPT of this document is available at http://open.umich.edu/sites/default/files/dscribe-activity-exampleslides-sept2012.ppt. A PDF of this document is available at http://open.umich.edu/sites/default/files/dscribe-activity-exampleslides-sept2012.pdf. Exercise authored by Kathleen Omollo. Document is CC BY the Regents of the University of Michigan.

1. Example Lecture Presentation:
Considerations and Actions when
Sharing Learning Materials Publicly
Kathleen Ludewig Omollo, University of Michigan
Date: October 2012
Revised for Health OER Tech Africa 2012
Adapted from: ICTD 2012 Conference, Open Licenses Workshop
1

2. Disclaimer
• Some example images in the before-OER
version are used under U.S. copyright law,
section 107 (fair use)
2

3. Learning Objectives
• Demonstrate an example presentation to show
the types of embedded objects that may exist in
a document.
• Explain why before you publicly share any
resource – whether or not you choose to openly
license it – you need to look for legal issues,
specifically:
• Copyright
• Privacy
• Product endorsement
3

4. Learning Objectives
• Demonstrate an edited title slide that includes
the following:
• Default license for the presentation (which may
be different from individual embedded objects)
• Author and organizational affiliation
• Year(s) of creation
• Understand the difference between
plagiarism and copyright
4

5. Learning Objectives
• Understand the various types of embedded
objects that may exist in a document.
5

6. Copyright
• Copyright occurs automatically at the creation
of a new work, when it is fixed in tangible
form (e.g. written, recorded, painted) – even if
there no © symbol or no author name.
6

7. Copyright
• Default Copyright (“All Rights Reserved”)
means that people must get explicit
permission to do any of the following:
• Photocopy the work or copy the work onto
another computer
• Distribute or sell copies of the work
• Recreate the work in whole or in part
• Translate the work in another language
• Perform or publicly display the work
7

8. Copyright
• Copyright does not protect
– Right to perform privately
– Ideas
– Facts
– Equations
– Chemical formulas
8

9. Copyright should not be confused with plagiarism. The chart
below (released under CC BY) explains the distinction. The
chart is from University of Michigan lecturer Bryce Pilz's
course on intellectual property and information law.
9

10. Privacy
• Are there patients? Students? Faculty ? Staff?
• Unless they are public figures, did they give
consent for their images to be used for public,
educational materials?
• Has identifiable information (name, ID number,
face, profile, distinct scars) been removed?
• Are there any personal or family photos that
should not be included in the public version?
• Is there location or contact information that
should be removed from public version?
10

11. Product Endorsement
• Does it seem that the author is endorsing a
particular commercial product or political
candidate?
• Are trademarks and logos used appropriately
to refer to the organizations or brands that
they represent?
11

12. Types of
Intellectual
Property
Chart by
Bryce Pilz, shared
under CC BY
12

13. Types of
Intellectual
Property
Chart by
Bryce Pilz, shared
under CC BY
13

14. Want more details?
• Open.Michigan Recommended Action
Decision Workflow
• Many of these images in this presentation
come from the Open.Michigan Casebook.
14

15. possible actions for media and text from a
third-party (i.e. created by someone else)
:: RETAIN : keep the content because it is
licensed under an open license or is in the
public domain
:: REPLACE : you may want to replace
content that is not openly licensed (and thus
not shareable)
:: REMOVE : you may need to remove
content due to privacy, endorsement, or
copyright concerns

16. Example: medical-oriented cartoon
• This is an example image.
• This image is highly expressive.
• While the image does express
an idea, which is not in and of
itself protectable, there are
creative choices made in that
expression.
• There is no source information
and no copyright notice.
• It may be difficult to find a
replacement image that
conveys a similar meaning.
16

17. Example: Painting
• This is digital reproduction
of a Picasso painting. The
original painting from was
published prior to 1923.
17

18. Example: Generic Map
• This image fundamentally
serves to represent data.
• The underlying data is not
protected by copyright.
• This depiction shows
common/standard/typica
l/ordinary/basic/routine
choices for the content
type.
• There are no real
expressive elements, all
choices have been made
for clarity and to
illustrate the underlying
data.
18

19. Photo of Door
www.flickr.com/photos/aar
onescobar/2163469900/
19

20. Xray
• This is an X-ray, a
mechanical representation
of the image.
• X-rays are created by a
mechanical process, and
represent the subject with
complete fidelity.
• There are no real
expressive elements
20

21. Basic Chemical Representation
• The essential purpose of
this image is to
represent the
composition of a
chemical.
• Chemical compositions
are represented in
definite ways.
• There really is no other
basic way to represent
this chemical structure.
21

22. Clip art
This is a clipart image from
www.clker.com/clipart-
14669.html. A screenshot of
the website header is below to
demonstrate the terms of use.
22

23. Basic Plot Graph
• This image is a basic
data-driven graph.
• The data which
makes up this graph is
factual information
(either from an
experiment,
measurements, or
other data gathering
procedure).
• This depiction shows
common/standard/ty
pical/ordinary/basic/r
outine choices for the
content type.
23

24. Anatomy Drawing
This is a very
creative
drawing.
What year
was it
created?
24

25. Report from
U.S. federal
government
• Pretend this is the
whole 75 page
report, instead of
just a screenshot.
Source:
www.hhs.gov/open/plan/opengo 25

26. Basic Color Bar Graph
• This image is a basic data-driven graph.
• The data which makes up this graph is factual information (either
from an experiment, measurements, or other data gathering
procedure).
• This depiction shows
common/standard/typical/ordinary/basic/routine choices for the
content type. 26

27. Example: Photo
• This photo was taken at a public event by the
author of this presentation. It has the same
terms of use as the whole presentation.
27

28. U.S. Federal Government Image
• Photo from Centers for
Disease Control and
Prevention, which is a
U.S. federal
government agency.
Image from
http://phil.cdc.gov/phil
/details.asp.
28

29. Website screenshot
• This is a
screenshot of the
results from a
Google search.
29

30. Photo
• Pretend this is the
original photo and
not a screenshot. This
is from Flickr. Look at
terms of use.
30

31. Photo from
commons.wikimedia.org/wiki
/File:!_Kohlmeise_01.jpg
31

32. Photo from
commons.wikimedia.
org/wiki/File:
%22Carnival_Glory
%22.jpg
32

33. Attribution Key
for more information see: http://open.umich.edu/wiki/AttributionPolicy
Use + Share + Adapt
{ Content the copyright holder, author, or law permits you to use, share and adapt. }
Public Domain – Government: Works that are produced by the U.S. Government. (17 USC § 105)
Public Domain – Expired: Works that are no longer protected due to an expired copyright term.
Public Domain – Self Dedicated: Works that a copyright holder has dedicated to the public domain.
Creative Commons – Zero Waiver
Creative Commons – Attribution License
Creative Commons – Attribution Share Alike License
Creative Commons – Attribution Noncommercial License
Creative Commons – Attribution Noncommercial Share Alike License
GNU – Free Documentation License
Make Your Own Assessment
{ Content Open.Michigan believes can be used, shared, and adapted because it is ineligible for copyright. }
Public Domain – Ineligible: Works that are ineligible for copyright protection in the U.S. (17 USC § 102(b)) *laws in
your jurisdiction may differ
{ Content Open.Michigan has used under a Fair Use determination. }
Fair Use: Use of works that is determined to be Fair consistent with the U.S. Copyright Act. (17 USC § 107) *laws in your
jurisdiction may differ
Our determination DOES NOT mean that all uses of this 3rd-party content are Fair Uses and we DO NOT guarantee that
your use of the content is Fair.
To use this content you should do your own independent analysis to determine whether or not your use will be Fair.