2. CreativeCommonsUK
Licence to Use
This presentation and its contents, apart from
the Microsoft Clip Art images and logo, has
been licensed under a Creative Commons
Attribution Share Alike 2.0 UK: England and
Wales Licence
7. CreativeCommonsUK
Role of Licences
• Licences are tools to facilitate IP transactions
• i.e. get permissions
• Many different types of licences (transactional, open,
blanket etc)
• Licences in (permissions granted from third party)
• Licences out (permissions granted to third party)
• Even CC licensed stuff may not be compatible with
other CC licensed stuff
10. CreativeCommonsUK
• IPR as part of project planning
– Understanding your uses and those of your end users
– Identifying rights requiring clearance
– Tracing rights holders
– Getting permission
• Horses for courses
• Make it easy for rights holders to consent
• Level playing field: rights in and rights out
• Cover your funding bodies!
– Rights Management
– Due Diligence
– Risk Management
• Earmark human and financial resources
• Time management
• BUT – Orphan Works as disruption to rights clearance strategy
Developing Rights Clearance
Strategies
11. CreativeCommonsUK
• Legal risks
• Loss of trust
• Creating dysfunctional relationships
– Rights holders
– Funding bodies
– Staff in your own organisation
– Members of consortium
• Not leading by example
Risks of Not Clearing Rights
12. CreativeCommonsUK
• Still a risk – whose risk and how prepared are they?
• Legal risks are not the only ones!
• Risk management and Due Diligence
• Important factors:
• Nature of rights holders
• Understanding rights holders remedies
• Nature of use
• Reputation of user
• Extent of audience
• Communication to the Public
• How quickly and in what ways can the situation be remedied?
Risk Management
13. CreativeCommonsUK
Top Tips
• Ideally OER should be reusable and repurposable
• You can’t license out if you haven’t enough
permissions: licences in and out need to be
compatible!
• Give yourselves plenty of time
• Layers of rights
• Be flexible and remember you can embed
individual pieces of content with diff. CC licences
• Contact IPR Support Project for Help
15. CreativeCommonsUK
• OER IPR Support
www.web2rights.com/OERIPRSupport
• SCA IPR Toolkit http//sca.jiscinvolve.org
• Web2Rights www.web2rights.org.uk
• WATCH http://tyler.hrc.utexas.edu/
• Bridgeman Art Library www.bridgeman.co.uk
• DACS www.dacs.org.uk
Useful Resources
16. CreativeCommonsUK
Contacting Us
• For Advice, Support and Access to Resources
www.jisclegal.ac.uk/OERIPRSupport
• For general information about us and our
project;
alex@web2rights.com
Owning work vs. owning rightsMultiple layers:Often more than one type of copyrightOther types of IPOther legal issues, (Data Protection; obscenity etc etc)More than one rights holderComplexity in clearing rightsCost and time implications
Projects are likely to comprise of mosaic of rightsSome owned by youSome owned by project partnersSome owned by third parties (known)Some owned by third parties (unknown)
Originally an internal toolAvailable as an A2 wall chartLinks to all resourcesOne route through the resources