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Uses copyright to enforce sharing

lumenlearning.
OER: The 4R Permissions
Sharing and creativity are inherent in OER:

Reuse

• Use the content in its unaltered form

Revise

• Adapt, adjust, modify, improve, or alter the
content

Remix

• Combine the original or revised content with
other OER to create something new

Redistribute

• Share copies of the original content, revisions
or remixes with others

lumenlearning.
Open ≠ Digital
Open ≠ Free
FREE
DIGITAL

OPEN

lumenlearning.
Two Sides of Open
Gratis: Free as in “free beer”
Enables affordability
Libre: Free as in “free speech”
Enables collaboration, adaptability

lumenlearning.
Open Licenses
Creative Commons

lumenlearning.
Open Licenses
Creative Commons

The Universal Donor
Can be remixed into content of any other license
The more restrictive license takes over

lumenlearning.
Open Licenses
Creative Commons

Forced Openness
Any remix must be kept under the same license
CC-BY can be mixed in, but not NC licensed materials

lumenlearning.
Open Licenses
Creative Commons

No Money-Grubbing Hands Allowed
Prohibits “commercial use”
Can be remixed into any material that is also NC

lumenlearning.
Open Licenses
Creative Commons

Non-commercial and you better share
Prohibits “commercial use”
Requires any remix be kept under the same license

lumenlearning.
Not Really Open Licenses
Creative Commons

No Derivatives = No changes
What use is that?

lumenlearning.
Free But Not Open
Any web page you link to
Any video you embed (if allowed under terms of use)

Free-ish But Not Open
Articles commonly available through library
database
lumenlearning.
Open but not Creative Commons
Public Domain
Copyright-expired works
Government websites

lumenlearning.
Considerations
License Freedoms
Printability
Practical Remixability

lumenlearning.
Activity Time!

lumenlearning.
You decide to include your own lecture notes in
the course.

This is OK: You are the copyright holder. A copyright
holder can do anything they want with their work.

lumenlearning.
You decide to include a PDF of a journal article
from Nature in the course.

This is not OK: You are providing access to a
copyrighted work.
Citing some passages as part of a critique or review
would be fine
lumenlearning.
You want to post a link to an article on the
Forbes.com website.

Linking to a work provided online by the copyright
holder is always OK.
The downside is that if Forbes removes the article or
changes the URL, you lose access.

lumenlearning.
You want to include a PDF of a chapter from your
current textbook in the course.

This is not OK: The copyrighted material is readily
available for purchase, and by posting it online,
you’re affecting the market for that product.
This is not allowed ever, even under Fair Use.
This is piracy.
lumenlearning.
You did a Google search, and found another site
that has a PDF of a chapter from a Pearson
textbook. You want to post a link to that site in
your course.

This is still not OK: Just because someone else
facilitated the piracy does not make it legal. This is
the same reason that it’s illegal to download music
and movies that someone posted online.

lumenlearning.
You want to include a PDF of a CC-BY-NC licensed
textbook in the course.

This is OK: By adding a Creative Commons license,
the copyright holder has explicitly allowed you to
redistribute the work.

lumenlearning.
You find a great website that a teacher at another
school put up with their lecture notes. The website
says the materials are free for education use. You
want to include a copy in your course.

This is gray zone, but probably not OK: Saying that
the materials are free for educational use does not
necessarily allow redistributing. Some folks would
not allow it, especially if their website includes
advertisements. It would be best to contact the
author (and suggest they use a CC license).
lumenlearning.
You want to use some assessment questions in the
course that came in a test bank you got with an old
textbook.

This is not OK: The test bank is copyrighted material.
The exception is questions that are so generic no-one
could possibly claim them as unique, like “What
element is represented by the symbol Fe?”
lumenlearning.
You want to embed a video from YouTube in your
course.

This is OK, since YouTube’s Terms of Use explicitly
allow it.
Like a link, you risk the video disappearing.

lumenlearning.
You want to include in your course:
1) a chapter from a CC Attribution-ShareAlike (BYSA) licensed book and
2) a few sections of a chapter from a CC AttributionShareAlike-NonCommercial (BY-SA-NC) licensed
book.

This is fine. You are revising and redistributing
each chapter, as allowed. You are not
mixing them.
lumenlearning.
An instructor decides to make some edits to a
chapter from a CC Attribution (BY) licensed book.
She adds some additional original content, and
revises some of the language.

This is revising, and is fully allowed. Because of the
permissions of the BY license, she course make her
revised work available under almost any license:
fully restricted, CC-BY, CC-BY-SA, CC-BY-NC, CC-BY-SANC, etc.

lumenlearning.
An instructor wants to spice up their lecture notes by
add into it an image from Wikipedia that is CC
Attribution-ShareAlike (BY-SA) licensed.

This is remixing, and is permissible. Since the
Wikipedia image has a ShareAlike license, the
resulting document must also be released under the
same Attribution-ShareAlike license.
lumenlearning.
An instructor decides to make some edits to a
chapter from a CC Attribution-ShareAlikeNonCommercial (BY-SA-NC) licensed book. She
adds some additional original content, and revises
some of the language.

This is revising, and is fully allowed. Because the
original work had a ShareAlike license, she would be
required to keep the same license on her revised
version.

lumenlearning.
An instructor wants to use a chapter from a CC
Attribution-ShareAlike-NonCommercial (BY-SA-NC)
licensed book in their course, but wants to add into
it an image from Wikipedia that is CC AttributionShareAlike (BY-SA) licensed and an image they
found on Flickr that is CC Attribution (BY) licensed.
This is remixing. Using the Flickr image is fine with
attribution, since the BY license allows remixing with
any other license.
Using the Wikipedia image is not ok, since both the
SA licenses require any remix to keep the same
license.
lumenlearning.
An instructor decides to make a Creative Commons
licensed book more engaging by embedding
YouTube videos directly into the text materials.

This is revising of the book, and is fully allowed.
YouTube’s terms of use allow embedding of their
content into other pages.
The downside is that the video may disappear from
YouTube at some point. Unless the video is CC
licensed, we can’t make a backup copy and host it
ourselves in the LMS.
lumenlearning.

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Kaleidoscope Overview of Copyright

  • 1. Uses copyright to enforce sharing lumenlearning.
  • 2. OER: The 4R Permissions Sharing and creativity are inherent in OER: Reuse • Use the content in its unaltered form Revise • Adapt, adjust, modify, improve, or alter the content Remix • Combine the original or revised content with other OER to create something new Redistribute • Share copies of the original content, revisions or remixes with others lumenlearning.
  • 3. Open ≠ Digital Open ≠ Free FREE DIGITAL OPEN lumenlearning.
  • 4. Two Sides of Open Gratis: Free as in “free beer” Enables affordability Libre: Free as in “free speech” Enables collaboration, adaptability lumenlearning.
  • 6. Open Licenses Creative Commons The Universal Donor Can be remixed into content of any other license The more restrictive license takes over lumenlearning.
  • 7. Open Licenses Creative Commons Forced Openness Any remix must be kept under the same license CC-BY can be mixed in, but not NC licensed materials lumenlearning.
  • 8. Open Licenses Creative Commons No Money-Grubbing Hands Allowed Prohibits “commercial use” Can be remixed into any material that is also NC lumenlearning.
  • 9. Open Licenses Creative Commons Non-commercial and you better share Prohibits “commercial use” Requires any remix be kept under the same license lumenlearning.
  • 10. Not Really Open Licenses Creative Commons No Derivatives = No changes What use is that? lumenlearning.
  • 11. Free But Not Open Any web page you link to Any video you embed (if allowed under terms of use) Free-ish But Not Open Articles commonly available through library database lumenlearning.
  • 12. Open but not Creative Commons Public Domain Copyright-expired works Government websites lumenlearning.
  • 15. You decide to include your own lecture notes in the course. This is OK: You are the copyright holder. A copyright holder can do anything they want with their work. lumenlearning.
  • 16. You decide to include a PDF of a journal article from Nature in the course. This is not OK: You are providing access to a copyrighted work. Citing some passages as part of a critique or review would be fine lumenlearning.
  • 17. You want to post a link to an article on the Forbes.com website. Linking to a work provided online by the copyright holder is always OK. The downside is that if Forbes removes the article or changes the URL, you lose access. lumenlearning.
  • 18. You want to include a PDF of a chapter from your current textbook in the course. This is not OK: The copyrighted material is readily available for purchase, and by posting it online, you’re affecting the market for that product. This is not allowed ever, even under Fair Use. This is piracy. lumenlearning.
  • 19. You did a Google search, and found another site that has a PDF of a chapter from a Pearson textbook. You want to post a link to that site in your course. This is still not OK: Just because someone else facilitated the piracy does not make it legal. This is the same reason that it’s illegal to download music and movies that someone posted online. lumenlearning.
  • 20. You want to include a PDF of a CC-BY-NC licensed textbook in the course. This is OK: By adding a Creative Commons license, the copyright holder has explicitly allowed you to redistribute the work. lumenlearning.
  • 21. You find a great website that a teacher at another school put up with their lecture notes. The website says the materials are free for education use. You want to include a copy in your course. This is gray zone, but probably not OK: Saying that the materials are free for educational use does not necessarily allow redistributing. Some folks would not allow it, especially if their website includes advertisements. It would be best to contact the author (and suggest they use a CC license). lumenlearning.
  • 22. You want to use some assessment questions in the course that came in a test bank you got with an old textbook. This is not OK: The test bank is copyrighted material. The exception is questions that are so generic no-one could possibly claim them as unique, like “What element is represented by the symbol Fe?” lumenlearning.
  • 23. You want to embed a video from YouTube in your course. This is OK, since YouTube’s Terms of Use explicitly allow it. Like a link, you risk the video disappearing. lumenlearning.
  • 24. You want to include in your course: 1) a chapter from a CC Attribution-ShareAlike (BYSA) licensed book and 2) a few sections of a chapter from a CC AttributionShareAlike-NonCommercial (BY-SA-NC) licensed book. This is fine. You are revising and redistributing each chapter, as allowed. You are not mixing them. lumenlearning.
  • 25. An instructor decides to make some edits to a chapter from a CC Attribution (BY) licensed book. She adds some additional original content, and revises some of the language. This is revising, and is fully allowed. Because of the permissions of the BY license, she course make her revised work available under almost any license: fully restricted, CC-BY, CC-BY-SA, CC-BY-NC, CC-BY-SANC, etc. lumenlearning.
  • 26. An instructor wants to spice up their lecture notes by add into it an image from Wikipedia that is CC Attribution-ShareAlike (BY-SA) licensed. This is remixing, and is permissible. Since the Wikipedia image has a ShareAlike license, the resulting document must also be released under the same Attribution-ShareAlike license. lumenlearning.
  • 27. An instructor decides to make some edits to a chapter from a CC Attribution-ShareAlikeNonCommercial (BY-SA-NC) licensed book. She adds some additional original content, and revises some of the language. This is revising, and is fully allowed. Because the original work had a ShareAlike license, she would be required to keep the same license on her revised version. lumenlearning.
  • 28. An instructor wants to use a chapter from a CC Attribution-ShareAlike-NonCommercial (BY-SA-NC) licensed book in their course, but wants to add into it an image from Wikipedia that is CC AttributionShareAlike (BY-SA) licensed and an image they found on Flickr that is CC Attribution (BY) licensed. This is remixing. Using the Flickr image is fine with attribution, since the BY license allows remixing with any other license. Using the Wikipedia image is not ok, since both the SA licenses require any remix to keep the same license. lumenlearning.
  • 29. An instructor decides to make a Creative Commons licensed book more engaging by embedding YouTube videos directly into the text materials. This is revising of the book, and is fully allowed. YouTube’s terms of use allow embedding of their content into other pages. The downside is that the video may disappear from YouTube at some point. Unless the video is CC licensed, we can’t make a backup copy and host it ourselves in the LMS. lumenlearning.

Notas do Editor

  1. just to clear up some potential confusion Open does *not equal digital, and *open does not equal free.  Perhaps * a Venn diagram would helpThere are free materials online that are not open, and there are open materials that are not online. *