copyright, fair use, and creative commons, march 2016

Copyright, Fair Use, and Creative Commons Licensing for Educators

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Guest: Billy Meinke, Distance Course Design & Consulting group, College of Education, UH Manoa

Sunyeen (Sunny) Pai, Digital Initiatives LibrarianKapi`olani Community College

March 10, 2016

Unless otherwise indicated, Copyright, Fair Use, and Creative Commons Licensing for Educators

by Sunyeen Pai and Billy Meinke is licensed under a Creative Commons Attribution 4.0 International License.

Please note2

This is not legal advice on copyright and licensing

We’ll review informational resources that may help you make decisions about your work.

Adapted from The Power of Open: The Learning, Business, & Policy Case for OER by Cable Green / CC-BY

Not protected by copyrightCan be used freely. freely

All rights reserved. Need to ask permission.

Fair UseTeach Actly

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Public domain4

• Works not copyrightable or under copyright• Most works by the US Federal Government

– Does not apply to works by grant recipients or contractors

• Works for which copyright has expired– Under US law, public domain 70 years after

the death of the author. All works published in the US before 1923

http://fairuse.stanford.edu/overview/public-domain/http://knowyourcopyrightsCoursera.org: Copyright for Educators and Librarians CC-BY!!

Public domain5

• Works for which copyright has expired- Works published before 1964 for which

copyrights were not renewed. - Works published without a copyright notice in

the US before March 1, 1989. - Works designated public domain by owner

http://fairuse.stanford.edu/overview/public-domain/http://knowyourcopyrightshttp://www.publicdomainsherpa.com/calculator.html

Copyrighted materials6

• Monopoly created by law to give authors and creators a set of exclusive rights over the things they create.

• Copyright exists as soon as creative expression is fixed in tangible form

• The creator or author may be asked to transfer to a publisher, relinquishing their own rights over the material

Coursera.org: Copyright for Educators and Librarians, https://www.coursera.org/learn/copyright-for-education

The Rights7

• Owner reserves rights to– Reproduce– Prepare derivative works (e.g. editions, translations,

sequels)– Distribute copies– Perform in public– Display the work publicly– Perform in public through digital audio transmission

• An owner can both give a right and keep the right, “grant a permission”

Coursera.org: Copyright for Educators and Librarians, https://www.coursera.org/learn/copyright-for-education

How can you tell if something is in the public domain?

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• Help with the rules of the US law:– http://librarycopyright.net/resources/genie/

• Help with works published before 1964 for which copyright was not renewed:– http://collections.stanford.edu/copyrightrenewals/bin/pa

ge?forward=home• Is it in the public domain yet?

– SHERPA (open scholarship): http://www.publicdomainsherpa.com/calculator.html

Website tips courtesy of Billy Meinke and Susan Jaworowski, Kapiʻolani CC

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http://librarycopyright.net/resources/genie/genie.phpAmerican Library Assn. Office for Information Technology Policy

IF it is NOT in the public domain and is copyrighted (and is NOT OER)

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• Assess if your use may fall under Fair Use

• Link when possible and don’t make copies– Link to articles in library databases (already paid

for, handsomely)– Institutional repositories, author’s homepages,

open access journals • Ask for permission from the copyright holder

– Need to be specific about the requested rights

Quiz 111

Do you need permission to copy, alter, and distribute works in the public domain?

◻Yes◻No

§ 107 . Limitations on exclusive rights: Fair use12

“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including

such use by reproduction in copies or phonorecords or by any other means specified by that section, 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...”

http://www.copyright.gov/title17/92chap1.html#107

Fair Use: Purpose and character13

• “(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes”

• In favor:– Teaching at a nonprofit education institution– Better if access is restricted to your students

http://www.copyright.gov/title17/92chap1.html#107http://www.knowyourcopyrights.org/

The nature of the copyrighted work14

• “(2) the nature of the copyrighted work”• In favor:

– Fact-based, published, or out-of-print

http://www.copyright.gov/title17/92chap1.html#107http://www.knowyourcopyrights.org/

Amount and substantiality15

• “(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole”

• In favor:– Using a small portion of a whole

• Not in favor:– The essence of a work or the entire book

http://www.copyright.gov/title17/92chap1.html#107http://www.knowyourcopyrights.org/

Market effect16

• “(4) the effect of the use upon the potential market for or value of the copyrighted work”

• In favor:– It won’t affect book sales negatively

• Not in favor:– Scanning chapters from a commercial

textbook

http://www.copyright.gov/title17/92chap1.html#107http://www.knowyourcopyrights.org/

Golden Rule of Fair Use17

“If you were the copyright holder, would you see the use as fair and not expect to be asked

for permission?”

Assn. of Research Libraries: http://www.knowyourcopyrights.org/

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http://librarycopyright.net/resources/fairuse/index.phpAmerican Library Assn. Office for Information Technology Policy

Quiz #219

2. Fair Use balances the rights of the1. Creator2. Educator3. Copyright owner (if not the creator)4. All of the above

Information and tools20

• Information:– Overview of copyright law:

http://www.copyright.gov/title17/92chap1.html– Fair use: http://www.copyright.gov/title17/92chap1.html#107– US Copyright Office brochure:

http://www.copyright.gov/circs/circ21.pdf– Coursera.org: Copyright for Educators and Librarians (free

MOOC), https://www.coursera.org/learn/copyright-for-education– Stanford University Library: http://fairuse.stanford.edu/– Assn. of Research Libraries:

http://www.knowyourcopyrights.org/– Copyright Clearance Center and Teach Act: http://www.copyright.com/ ;https://www.copyright.com/Services/copyrightoncampus/basics/teach.html

• Tools:– SHERPA (open scholarship):

http://www.publicdomainsherpa.com/calculator.html– Stanford University Library: http://fairuse.stanford.edu/charts-and-tools/– Fair Use Evaluator:

http://www.librarycopyright.net/resources/fairuse/– Cornell University, Copyright Terms and the Public Domain in the United

States by Peter Hirtle - http://copyright.cornell.edu/resources/publicdomain.cfm

Open Educational Resources21

• Reside in the public domain OR• The copyright owner has released them under

an open license* that permits their free use and re-purposing by others

*A license specifies what can and cannot be done with a work. It grants permissions and states restrictions.

Washington State Board for Community and Technical Colleges, OER. How to Use Open Educational Resources

What is an open license?22

• Broadly speaking, an open license grants permission to access, re-use and redistribute a work with few or no restrictions.

Sources:Open Definition: http://opendefinition.org/od/Open Content Definition: http://www.opencontent.org/definition/

5 R’s FrameworkReuse | Revise | Remix | Redistribute | Retain

-David Wiley

Copyright extension23

Copyright (and patents) were intended to give creators exclusive rights to their work for a length of time long enough to incentivise the creation of new work.

Happy Birthday song24

Finally in the public domain as of Sep 2015!

Copyright “owned” by Warner/Chapel, raking in $2b per year. Charge was $1,500-5000 per use.

Originally written in 1890’s, not published formally til 1920’s.

Example of copyright being used for the wrong reason, or in the wrong way.

Creative Commons, the org25

• Founded in 2002• Roots in the free &

open source software movement

• Over 1 billion CC-licensed works to date

https://stateof.creativecommons.org/2015/

Conditions of a CC license26

You can reuse my work, but you must follow the conditions required as part of the license I chose.

BY = attribution (always!)SA = ShareAlikeNC = NonCommercialND = NoDerivs

For more, see: http://creativecommons.org/licenses/

Spectrum of Openness27

Public DomainCC0CC BY CC BY-SACC BY-NCCC BY-NDCC BY-NC-SACC BY-NC-NDAll rights reserved

more open

less open

Giving proper attribution (1/2) 28

TASL = Title, Author, Source, Link

more information: https://wiki.creativecommons.org/wiki/Best_practices_for_attribution

When reusing OER, as a condition of a CC license, you must give credit to the creator or copyright owner.

Example (click)

Giving proper attribution (2/2)29

TASL = Title, Author, Source, Link

more information: https://wiki.creativecommons.org/wiki/Best_practices_for_attribution

Getting a CC license30

For more see: http://creativecommons.org/choose

Pick your terms, which leads to a license, and fill in optional information about you and your work.

Can export text for copy-and-paste, also HTML for Web-enabled rights expression. Google, Yahoo, Bing like this.

Things to note about CC licenses31

• They are irrevocable - What is released under a CC license stays under a CC license

• You can re-release a work under a new license, but previous copies will retain the license they were shared under

• You can only CC license works that you have the rights to (which is important for collab!)

What if you are the creator and work at UH?32

• Hawaii Revised Statutes– Title 20, Chapter 3 UH Patent and Copyright Policy:

http://www.hawaii.edu/offices/bor/adminrules/chapter03.pdf

• UH Policies on Copyright / UHPA Contract– E5.500: http://hawaii.edu/policy/archives/ep/e5/e5500.pdf– A5.501: http://hawaii.edu/policy/archives/apm/a500/a5501.pdf

• Applies to faculty and staff• Is affected, in the case of grants, by the grantor’s licensing

guidance• In the case of “works for hire”, sometimes the institution

holds copyright.

Thanks to conversations & emails with Susan Jaworowski, Kapiʻolani CC, Brian Huffman, UH Mānoa Law Library, and Sara Lee, UH Mānoa Library

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C4ward certification◻Write a reflection statement about OER◻One of the following:⬜Review an OER resource using the review template

■A textbook, a chapter, a website, a video, etc.■Share your review in the UH OER Repository.

⬜Create an OER resource to be used in a class.

■License it with a Creative Commons License in consultation with a Librarian.

■Share your OER⬜Create an activity plan

Thank you!!34

Questions?Sunny Pai: sunyeen@hawaii.eduCheck out: http://oer.hawaii.eduhttp://oerkapiolani.weebly.com