copyright and creative commons licensing for south african educators

Copyright &Creative Commons Licensing

BY FAYYAAD HENDRICKS. Based on a presentation by Glenda Cox

VS©

What is copyright?

A collection of exclusive rightsGiven to creators and authorsTo protect their original works

CC-BY Fayyaad Hendricks

But where did it come from?

• Blame the English.• Established by English Parliament in 1662 as a

way of controlling unregulated copying of books after the introduction of the printing press

• Established by the US in 1787 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.”Copyright laws allow products of creative human

activities, such as literary and artistic production, to be preferentially exploited and thus incentivized.

https://en.wikipedia.org/wiki/Copyright

Copyright

• What can be copyrighted? Any work which is not an exact copy of someone else’s work

• Can ideas be copyrighted? No… only expression of ideas are copyrighted...

• Can copyright be transferred? Yes, an author can assign copyright to another person, as in the case of property

Is this too close a representation?Does it fall afoul of copyright?

What does “All rights reserved” mean?

• You may not reproduce the work in any form

• Fair use / Fair dealing for classroom use, with limitations

• Permission/royalty payments to author for reproduction

• You may not use the work on the Internet without permission

Copyright: South African Context

• South African copyright law is codified in the SA

Copyright Act of 1978 (amended 2002)

• Fair Dealing instead of Fair Use (described in Section

12):Copyright shall not be infringed by any fair dealing with a literary or musical work

(a) for the purposes of research or private study by, or the personal or private use of, the person using the

work;

(b) for the purposes of criticism or review of that work or of another work; or

(c) for the purpose of reporting current events

(i) in a newspaper, magazine or similar periodical; or

(ii) by means of broadcasting or in a cinematograph film;

Provided that, in the case of paragraphs (b) and (c)(i), the source shall be mentioned, as well as the name of the

author if it appears on the work.

What are acceptable limits of Fair Dealing?

http://libguides.wits.ac.za/c.php?g=145347&p=953446

Section 12 (2-4) allow the following without permission:

• Quotation (a fair portion)

• 'By way of illustration' for teaching purposes (e.g. in a PowerPoint presentation). However, if you want to circulate the PPT slides to students, you will need to clear copyright for those copyright works used in the PPT, or exclude them before circulating the slides.

Fair Dealing quantities are not defined by the law!

Generally accepted amounts that one can copy for educational and research purposes:

10% of a book or one chapter (whichever is the greater)

1 article from a journal issue

A full case study or full law report

Copying just one page may not always be fair, if it is the essence of the work. One has to use one's discretion when copying other people's works. Use only what is necessary for making the point.

The Problem:

Traditional © designed

for old distribution

models

“Piracy is robbery with violence, often segueing into murder, rape and kidnapping. It is one of the most frightening crimes in the world. Using the same term to describe a twelve-year-old swapping music with friends, even thousands of songs, is evidence of a loss of perspective so astounding that it invites and deserves the derision it receives.” ― Nick Harkaway, The Blind Giant

CC-BY Fayyaad Hendricks

Is loss of copyright a bad thing?

Then again, copyright itself is not an evil

Although this is still debatable…

An Alternative to Copyright licensing

Previously copyright was binary: All rights retained or public domain

Now alternative licensing options such as the GNU General Public License and

Creative Commons provide a range of options where some rights are reserved

Public

Domain

Copyright©

Public

Domain

Some rights reserved Copyright©

Enter Copyleft…

Copyleft is the practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works down the line. Copyleft software licenses are considered protective or reciprocal, as contrasted with permissive free software licenses.- Wikipedia

In 2017, more than 1.2 billion works have been licenced under Creative

Commonshttps://stateof.creativecommons.org

Legal and Technical

Legal Code, Human Readable Deed, Meta-Data

http://creativecommons.org/licenses/

Work posted

on Flickr

under

Attribution

license

Used in The Iron Man feature film

Creative commons gives creators a choice

Some rights reserved but sharing made easy and legal.

Summary of Open Licenses

Creative Commons licenses

Attribution

Attribution - NonCommercial - NoDerivs

Attribution - NonCommercial - ShareAlike

Attribution - NonCommercial

Attribution - NoDerivs

Attribution - ShareAlike

Combining Creative Commons licenses

But isn’t Creative Commons Licensing preventing creators from making a profit?

But why should I share what I worked on?

• Sharing begets sharing• “Shoulders of giants” – allows others to use your work• Attribution• Contribute to the global body of knowledge• Doesn’t discriminate• Goodwill – sharing community

https://creativecommons.org/wp-content/uploads/2017/04/made-with-cc.pdf

Can someone else use the work commercially?

But the work must also be CC-BY-SA

Commercial use? New versions?

But the new work must also be BY-NC, butunder any of the other compatible licenses

But the work must also be CC-NC-BY-SA

Evaluating your media resources

• If resource falls under copyright protection, either:

• Recreate the resources using office or online tools

• Replace the resource with a similar resource by finding an open source alternative or by creating your own resource

• Obtain permission from the author, publisher, editor, organization who holds the copyright

• Reconsider if the resource is really necessary

Take care to check…

• Copyright of

– Pictures

– Graphics

– Texts

Obtaining copyright permission

• The UCT library has a resource on obtaining copyright permission to distribute material to students.

• http://plo.uct.ac.za/user.php

• E-mail the publisher.

• If the document rights holder cannot be located, youcannot use the resource.

Best Practices for Attribution

• TITLE

• AUTHOR

• SOURCE – LINK TO WORK

• LICENSE – NAME + LINK

House of Knowledge Variation1 by Adrien Sifre CC BY-NC-ND

http://google.com/docshttp://www.gliffy.com/

But What if I REALLY need a piece of content?

But how different does it have to be?

Answer: Not very.

How do I license my work?

Licensing your work is easy. No registration is required.

You simply add a notice that your work is under CC BY. Here’s how

• You can edit the text for your specific project.

• Go to http://creativecommons.org/choose

So now that I have one, what do I do with it?

Paste where you usually put copyright info:

Copyright and Creative Commons by Fayyaad Hendricks. Licensed under a Creative Commons Attribution 4.0 International License.

• http://www.google.com/advanced_search

How to find OER via Search Engines

How to search via the Creative Commons site

OER Directories

www.oerafrica.org/

https://amser.org/

http://serc.carleton.edu/index.html

www.readwritethink.org/

https://p2pu.org/en/

www.saylor.org/

www.klascement.net/?hl=en

Recorded & Video Tutorial Platforms

www.khanacademy.org/

http://ocw.mit.edu/courses/audio-video-courses/

http://webcast.berkeley.edu/

http://oyc.yale.edu/

www.openculture.com/freeonlinecourses

https://itunes.apple.com/us/app/itunes-u/

Open Book/textbook directories

www.gutenberg.org/

www.openculture.com/free_textbooks

www.intratext.com/

www.siyavula.com/

www.ck12.org/

www.collegeopentextbooks.org/

http://openstaxcollege.org/

http://open.bccampus.ca/

Presentation sources

www.slideshare.net/

https://speakerdeck.com/

www.slidesnack.com/

www.authorstream.com/share-presentations-online/

www.bitstrips.com/

http://xkcd.com/

https://phet.colorado.edu/

http://bestanimations.com/

www.wikiversity.org/

www.curriki.org/

http://cnx.org/

www.merlot.org/merlot/index.htm

http://wikieducator.org/Main_Page

www.jorum.ac.uk/

Credits

• Original presentation by Glenda Cox, remixed by Fayyaad Hendricks

• Prepared by: Finding OER slides

• See Glenda’s Presentations at Slideshare: https://www.slideshare.net/GlendaCox1

• Henry Trotter – henry.trotter@uct.ac.za / trotterhenry@hotmail.com

• Slides inspired by the presentations of Paul Stacey, Shihaam Shaikh, and the Open Professionals Education Network (OPEN).

• See Paul Stacey’s OER presentations at: http://www.slideshare.net/pstacey

• See Shihaam Shaikh’s “Finding Open Stuff” presentation at: https://open.uct.ac.za/handle/11427/2346

• See also the “Find OER” site by the Open Professionals Education Network (OPEN): https://open4us.org/find-oer/