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Semelhante a OpenEd15: Farb, Blum, Kovacs: The Perils of-policy final-draft
Semelhante a OpenEd15: Farb, Blum, Kovacs: The Perils of-policy final-draft (20)
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OpenEd15: Farb, Blum, Kovacs: The Perils of-policy final-draft
- 1. The Perils of Policy Potential OER Pitfalls of Copyright Policies and OA Legislation
- 3. Starring Sharon E. Farb UCLA Associate University Librarian for Collection Management and Scholarly Communication L. Amy Blum UCLA Interim Vice Chancellor for Legal Affairs Kim S. Kovacs UCLA Executive Director of Federal Relations
- 4. $1,383 UCLA Admissions Office estimate for books and supplies for an academic year for undergraduate students Episode One UCLA Context
- 5. 36-38% UCLA undergraduate students receive Pell Grants 55% UCLA undergraduate students receive some federal, state, or campus financial aid Episode One UCLA Context
- 6. 49% UCLA undergraduate students graduate with loans to pay back Episode One UCLA Context
- 7. Few “Textbooks” Course Materials in Many Formats Episode One UCLA Context
- 8. Instructors for the Same Class Change Frequently Focus on Research over Teaching IT Challenges Episode One UCLA Context
- 9. UCLA Library Affordable Course Materials Initiative Overview Incentivizes Instructors Integrates Collections Digitizes Special Collections Broadens Access Lowers Costs Achieves Educational Objectives
- 10. UCLA Library Affordable Course Materials Initiative Programmatic Challenges Scalability and Expansion Customized approach to each applicant 3,000+ teaching faculty/lecturers but only ~300 librarians and fulltime library staff Quantity and variety of course materials Differing Agendas Motivation to implement changes in syllabus Focus on quantity over quality/curation
- 12. Legal and Policy Issues Academic Freedom Fair Use Orphans Persistent Access Legal Representation for Authors
- 14. The Perils of Policy A Lawyer’s Perspective on Policy Implications of OER
- 15. Episode Two Overview Why Copyright Matters in OERs Course Materials versus Publications Legal and Policy Challenges regarding OERs
- 16. Copyright Act Why Talk about Copyright? Myths / Concerns • Copyrights “lock down” use of content. • Journals and other commercial enterprises hold copyrights and prevent use or charge fees to profit off students. • Copyrights prevent universities from using content in classes.
- 17. Copyright Act Purpose of Copyright “The primary, objective of copyright is not to reward the labor of authors, but [t]o promote the Progress of Science and Useful Arts. To this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. This result is neither unfair nor unfortunate. It is the means by which copyright advances the progress of sciences and art.” Justice Sandra Day O’Connor FEIST PUBLICATIONS, INC. v. RURAL TEL. SERVICE CO., 499 U.S. 340, 349-50 (1991).
- 18. Copyright Act Copyright Ownership Under copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or organization, such as a publisher.
- 19. UC Policy Individual Ownership and Policy University of California Policy: Copyright ownership resides with the originator of the work if it is: • Scholarly/Aesthetic Work: Created by faculty and designated academic employees resulting from independent academic effort • Personal Work: Developed by a university employee outside the course and scope of their university employment and without university resources. • Student Work: Produced by a registered student without the use of university funds (other than student financial aid) that is produced outside any university employment.
- 20. UC Policy Ownership of Course Materials University of California Policy on Ownership of Course Materials: • Course Materials Include: Work prepared for use in teaching including lectures, lecture notes and materials, syllabi, study guides, bibliographies, visual aids, images, diagrams, multimedia presentations, web-ready content, and educational software. • Copyright resides with the Designated Instructional Appointee who creates the material. DIAs are university employees who serve as Instructors of Record and have a general obligation to produce course materials. • University only has a royalty-free perpetual license to use course approval documents, not the course materials.
- 21. Copyright Act What Are the Exclusive Rights? Bundle of Rights: • Make copies of the work. • Make derivative works based on the original work. • Distribute the work. • Perform the work publicly. • Display the work in a commercial setting. The owner of a copyright may license these rights to others.
- 22. Episode Two Relevance to OERs? Our faculty own the copyrights to their course materials and control how it is used. Our faculty own the copyright to their scholarly work . . . But – they often assign those rights to publishers.
- 23. Episode Two What Can the University Do? Rely on exemptions to the Copyright Act. Assist faculty with retaining their copyright when negotiating with publishers. Develop open access policies.
- 24. Copyright Act Exemptions Classroom Teaching (Section 110(1)) TEACH Act (Section 110(2)) • Distance learning Fair Use (Section 107)
- 25. Copyright Act TEACH ACT Technology, Education and Copyright Harmonization Act (17 U.S.C. §110(2))[TEACH ACT]: • Safe harbor that protects the transmission of a work from copyright infringement claims provided the transmission meets eleven specific requirements • Requires limiting use to students enrolled in a specific class • Cannot transmit textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses
- 26. Copyright Act Fair Use Four Factor Test: • Character of Use (commercial versus non-profit educational; transformative) • Nature of Copyrighted Work (fact versus imaginative and published versus unpublished) • Amount and Substantiality of Portion Used • Market Effect
- 27. Episode Two Open Access Policies Can Help A policy that grants rights to the institution upon creation of content prevents an author from granting all rights to a publisher.
- 28. Episode Two Faculty, Negotiate your Copyright Librarians can assist faculty with ensuring they retain their copyrights or specific use rights. Faculty should read their publishing agreements to specifically understand the grant of rights provisions. Authors should modify publishing agreements to allow the author to retain rights.
- 29. Episode Two Challenges Academic Freedom Privacy/ Publicity Rights Increasing Complex Environment
- 30. The Perils of Policy Government Relations Issues Identifying Goals Finding the Best Path Avoiding Unintended Consequences
- 32. The Perils of Policy Legislative and Government Relations Aspects of OER
- 33. Episode Three Identifying Goals What Are You Trying to Achieve? • Open access to federal or state funded research and materials? • Lower cost of educational materials? • Develop “free” education options like MOOCs?
- 34. Episode Three Finding the Best Path U.S. Congress State Government Institutional Administration
- 35. Episode Three Avoiding Unintended Consequences Have a Plan Realize your timing needs to be long- range and incremental. Work with Diverse Coalitions Who could partner with you? Think creatively and broadly. Cultivate Champions Educate
- 36. Thank you! Photo credits Media History Digital Library Kyle Alexander Bill Ebbesen Simon A. Eugster Reed Hutchinson laogooli Coral Von Zumwalt Elena Zhukova Mark Holtzman, West Coast Aerial Photography Guyon Morée Padawane Sharon E. Farb
- 37. Questions?
Notas do Editor
- Still from “The Perils of Pauline” (1914), pulled from the open access Media History Digital Library: http://mediahistoryproject.org/
- When it comes to open education resources, one size doesn’t fit all. That’s true of both the OERs themselves and of the institutions of higher ed.
- Overview of what each will focus on: -- Sharon: UCLA context, overview of local challenges -- Amy: Legal and academic policy considerations -- Kim: Legislative and public policy issues
- UCLA Admissions estimate for books/supplies for academic year: $1383.
- 36-38% of UCLA’s undergraduate students are Pell Grant recipients; 55% receive some federal, state, or campus financial aid;
- 49% graduate with loans to pay back (loans the students take on, not their parents).
- Term-of-art “textbook” doesn’t resonate widely at UCLA; this limits impact of legislation/policies focused on “textbooks.” Course materials can include multiple books, lab supplies, course packs, data sets, audio and/or video, special collections items (physical or digital), and much more.
- Instructor for each course changes from quarter to quarter/year to year, and each often doesn’t use previous instructors’ course materials. Tier 1 research university: Many faculty focus on research more than teaching. Knowledge about campus instructional support services is limited, and there’s limited emphasis on helping instructors learn skills to become better teachers. IT challenges: not all classrooms have the same technology for presentation/capture, and what is there may not accommodate specialized needs.
- Adapted from UMass Amherst’s program Incentivize instructors to work with the library on their course materials Integrate collections into instruction Digitize under-utilized rare and unique materials in Special Collections Broaden access for students to course materials that they might previously not have purchased because of cost Lower costs for students Achieve instructors’ educational objectives
- Each application/course requires a customized approach Scalability: Number of Library staff (including subject specialists, curators, technologists) available to work on ACMI projects limited in terms of interest, expertise, and time Must encompass a broad definition of course materials, which vary widely in format from course to course. Affordable IT solutions don’t yet exist to meet everyone’s needs. Some applicants more interested in funds than in revamping course materials, but that doesn’t become clear until the award’s been made OER movement’s focus on more OERs – rather than on curation and discovery
- OER movement has not focused to date on impact of faculty routinely signing away their rights to commercial publishers. Faculty need to be aware of their role in this problem and what they can do to help solve it.
- Academic freedom: each instructor has the authority to choose whatever course materials s/he wants Employing fair use Dealing with orphans Providing access to standard texts from year to year Representation in any resulting litigation for instructors who create their own OA textbooks.
- DIAs also includes all members of the Academic Senate and clinical professors. Appointees in other academic titles may also be designated by the President.
- Exemptions: -- Classroom Teaching (Section 110(1)) -- TEACH Act (Section 110(2)) Distance Learning -- Fair Use (Section 107) Classroom Teaching Exemption: The performance or display of a work in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction. Physical v. Virtual Classroom as Face to Face Teaching: -- Course Websites -- Course Management Systems -- Are these virtual classrooms now deemed a “similar place devoted to instruction”? Similar Place Devoted to Instruction: The House Report cites as qualifying locales “a studio, a work-shop, a gymnasium, a training field, a library, the stage of an auditorium, or the auditorium itself if it is actually used as a classroom for systematic instructional activities.” (H. Rep. at p. 82.)
- DIAs also includes all members of the Academic Senate and clinical professors. Appointees in other academic titles may also be designated by the President.
- DIAs also includes all members of the Academic Senate and clinical professors. Appointees in other academic titles may also be designated by the President.
- Exemptions: -- Classroom Teaching (Section 110(1)) -- TEACH Act (Section 110(2)) Distance Learning -- Fair Use (Section 107) Classroom Teaching Exemption: The performance or display of a work in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction. Physical v. Virtual Classroom as Face to Face Teaching: -- Course Websites -- Course Management Systems -- Are these virtual classrooms now deemed a “similar place devoted to instruction”? Similar Place Devoted to Instruction: The House Report cites as qualifying locales “a studio, a work-shop, a gymnasium, a training field, a library, the stage of an auditorium, or the auditorium itself if it is actually used as a classroom for systematic instructional activities.” (H. Rep. at p. 82.)
- Academic Freedom: -- Academic Senate has primary responsibility for applying academic standards in compliance with applicable standards of professional care. [UC Policy] -- The Senate approves curriculum, which may include approved textbooks. -- Individual faculty select teaching materials, but subject to Senate curriculum approvals. Privacy/Publicity Rights: -- If materials contain photographs of identifiable persons, releases for use of images may be required. -- If materials include student work, Family Educational Rights and Privacy Act (FERPA) may apply and waiver by students may be required.
- Academic freedom: each instructor has the authority to choose whatever course materials s/he wants Employing fair use Dealing with orphans Providing access to standard texts from year to year Representation in any resulting litigation for instructors who create their own OA textbooks.
- Introduce Amy