Rob Pearce HEA Engineering Subject Centre, Loughborough University.

Attribution-NonCommercial-NoDerivativeshttp://creativecommons.org/licenses/by-nc-nd/3.0/

About me and what I’m doing on the project Brief guide to Intellectual property rights Very brief introduction to accessibility and

metadata Solutions to problems

Support for depositing your resources into Jorum, including;◦ Technical standards – using the right file formats◦ Metadata definition and creation – describing the resource in words◦ Putting the resources into Jorum and other repositories if deemed

appropriate

• There is lots of good support advice for the project, but to a limited extent I can• Give General advice on IPR if needed• General advice on accessibility

We are also working with or on:

• Low Carbon Engineering OER Project (Phase 2):

• Hospitality, Leisure, Sport and Tourism (HLST) Subject Centre & BMAF - 2012: Learning Legacies

• University College Falmouth. Accredited Course 30 credit, postgraduate module that introduces and builds awareness of IPR and copyright within course design and development.

Virtually everything is owned by somebody Exceptions – True public domain though this

depends on the country of origin If its very old e.; Beethoven’s works are out of

copyright but a paper ver. of the score or an audio recording isn’t.

Check agreements with the Academy and and the six HEIs (Supporting the Development of Part-Time Teachers in Higher Education): (Woodall and Geissler 2009).

Academy Scotland (SHEER2 project ) and the two HEIs and three other Subject Centres. :

Putting stuff on the web usually breaks copyright law “Do you own it?” Probably not.

Re-users are often culpable and on top of that responsible for further breaches of copyright re-use law

Third parties may have agreed to you using there stuff but not everyone else

No-one cares you used Coca Cola™’s logo ..until you publish it for free re-use

The OER methodology clarifies these issues before release

the owner of a work is usually the author, i.e., the person who actually records the expression of the idea, except where other agreements apply.

If you come up with an idea and write it down/record it in some form; you own the copyright in the expression, i.e. what is recorded

It’s likely your contract of employment stipulates copyright of your work rests with your institution

If you come up with an idea but do not record it - there is no copyright.

contracts do differ from institution to institution so confirm your position - ask your Personnel Department to clarify the institutional position.

Why is this important? It is important because you cannot apply a licence to something you do not own or do not have permission to release.

So.... you've been through a resource and found some images sourced from a website, what happens next?

Where any element of the resource is owned by a third party, permission is needed before it can be included within an OER.

See if you can trace the owner of the resource and ask them for permission to use it in an OER and state that it will be released under a CC licence, or similar. Ensure you retain all requests for permission in a secure location for indefinite periods as you never know when you might need it. A template email or letter that can be adapted for your purposes

Virtually everything is owned by somebody Exceptions if its very old e.; L.V. Beethoven

Classical MP3 Downloads from A-M Classical

The picture:Found it through Google on Wikipedia. Wikipedia ref claims sculpture is out of copyright and the picture is too – prob. Not Picture came from library of congress which gives no guarantee of legal reuse they leave that responsibility with the re-user

What is fair use?In copyright law, there is a concept of fair use, also known as; free use, fair dealing, or fair practice. - sets out certain actions that may be carried out, but would not normally be regarded as an infringement of the work.

The idea behind this is that if copyright laws are too restrictive, it may stifle free speech, news reporting, or result in disproportionate penalties for inconsequential or accidental inclusion.

What does fair use allow?Under fair use rules, it may be possible to use quotations or excerpts, where the work has been made available to the public, (i.e. published). Provided that:

The use is deemed acceptable under the terms of fair dealing. That the quoted material is justified, and no more than is necessary is included. That the source of the quoted material is mentioned, along with the name of the author. Typical free uses of work include:Inclusion for the purpose of news reporting. Incidental inclusion. National laws typically allow limited private and educational use. What is incidental inclusion?This is where part of a work is unintentionally included. A typical

examples of this would be a case where holiday movie inadvertently captured part of a copyright work, such as some background music, or a poster that just happened to on a wall in the background.

Points to keep in mind...The actual specifics of what is acceptable will be governed by national laws, and although broadly similar, actual provision will vary from country to country.

Cases dealing with fair dealing can be complex, as decisions are based on individual circumstances and judgements. This can be a very difficult area of copyright law.

To avoid problems, if you are in any doubt, you are advised to always get the permission of the owner, prior to use.

Copyright Law: Understanding Fair Use fact sheet Copyright © The UK Copyright Service.

Source:www.copyrightservice.co.uk’

Microsoft and Adobe both publicly say what you can and cannot do, how to reuse and how to acknowledge. Lots of other/bigger companies in software sector have similar provisions.  Sony, for example, have a branding section on their website too.

•Do not alter the screen shot except to resize it.•Do not use portions of screen shots.•Do not include screen shots in your product user interface.•Do not use screen shots that contain third-party content.•Do not use screen shots that contain an image of an identifiable individual.

By: Nicogenin http://www.flickr.com/photos/nicogenin/

© rcp:051010:a0005

If these images are misused, a mountain cant sue… but George can!

Naomi Korn from the OER IPR support program talking about rights for OER

http://www.youtube.com/watch?v=5BWqgVpcHCs

ensure the work meets with the terms of the Disability Discrimination Act (DDA), in so much as 'reasonable adjustments have been made. 

includes content and format. Detailed information on making reasonable adjustments can be obtained from JISC TechDis and their Accessibility Essentials illustrate how to make accessible documents.

When an OER is uploaded to a repository or other site, information about the resource, known as 'metadata', will be requested. Metadata enables potential reusers find the OER they require. It can also be advantageous to add metadata to the OER itself. For more information about metadata and how to add it see: Adding Metadata to Resources.

As well as considering accessibility it is also worth considering the file type that would be most useful to the potential user.

This may include offering the OER in more than one format to suit different users. If the resource is to be offered with a licence that allows the resource to be amended, take care not to offer it in a format which makes this more difficult (eg pdf.)

Fortunately there are sources of materials with open licences already applied.

Creative Commons website http:// search.creativecommons.org/. http://www.jorum.ac.uk/searchOptions.html

Google and Flickr have very successful advanced search facilities for use with images whereby you can limit results to those available for reuse under CC licences. Increasingly sites such as Scribd and Slideshare are enabling users to filter search results by licence type.

For the example image in Figure 1, above this Google search for the code, http://xrl.in/6fri returns the image on Flickr where it was originally posted, the second entry shows the image reused on another website.

•As well as drawing together material the collection will provide re-syndication services such as remote embedding of search facilities using established technologies such as RSS to raise awareness.

Fig. 1. An example image released via the project including a copyright tracking code. © rcp:140510:a0001

luf:020710:l0000

http://icesculpture.wordpress.com

/make-

evolved-oer-discoverable/

Does your institution have rules on using their logo

Has your uni signed off on releasing the stuff because they are more likely to own  the rights than you are.

Do you know who took the photographs or where the graphs/diagrams/illustrations came from?

Did you quote other people – you can’t depend on university agreements with publishers to cover releasing as OERs

Get hold of the originals of everything you want to release

The JISC TechDis Accessibility Essentials Series: http://www.techdis.ac.uk/index.php?p=3_20

OER IPR Support Project: http://www.web2rights.com/OERIPRSupport/

Anything not covered by the two above, see the OER Guidance Wiki: http://stemoer.pbworks.com/w/page/6111366/STEM-OER-Guidance-Wiki

Why OER?Why OER?