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About Open LicensesJessie Chuangwww.classroom-aid.comLicense : CC BY-SA
CopyrightThe author is usually the copyright owner of his work(s)even without any expression and copyright mark.● Except when the work-for-hire rules apply, the authorsemployer owns work(s)● An author-owner is free to assign copyright to anyone,so a written contract can change these basic rules.● Ownership can be complicated in merged andcollaborative works, the agreement at the start of aproject is crucial.Resource : The Copyright Crash Coursefrom the University of Texas at Austin
Fair Use (from U.S. Copyright Law)... 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 anyparticular case is a fair use the factors to be considered shallinclude —(1) the purpose and character of the use, including whethersuch use is of a commercial nature or is for nonprofiteducational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used inrelation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for orvalue of the copyrighted work.
Fair Use (cont)Fair Use Best Practices statements (sponsored by theCenter for Social Media and Washington School of Law atAmerican University) stated that court decisions focused ontwo questions:● Is the use you want to make of anothers worktransformative -- that is, does it add value to andrepurpose the work for a new audience;● Is the amount of material you want to use appropriate toachieve your transformative purpose?Transformative uses that repurpose no more of a work thanis needed to make the point, or achieve the purpose, aregenerally fair use.
TEACH Act (link to Toolkit)TEACH Act is a set of rights to display (show) and perform(show or play) others works in the classroom. These rightsare in Section 110(1) of the Copyright Act and apply to anywork, regardless of the medium. But there is a considerablegap between what the statute authorizes for face-to-faceteaching and for distance education.Fair use also remains important because the in-classroomactivities (even if the classroom is virtual) the TEACH Actauthorizes are a small subset of the uses of electronicresources educators may wish to make. It only covers inclass performances and displays, not, for example, digitaldelivery of supplemental reading, viewing, or listeningmaterials.
Exemptions for OER ?Fair Use and TEACH Act arent applicable if you want touse something for creating OER. The reason is that youcant be sure in what context your OER will be used.
Whats Copyleft? (www.GNU.org)Copyleft is a general method for making aprogram (or other work) free, and requiring allmodified and extended versions of theprogram to be free as well.Copyleft is a general concept, in the GNUProject, the specific distribution terms for mostsoftware are contained in the GNU GeneralPublic License. (GNU GPL for short)The GNU Free Documentation License (FDL)is a form of copyleft intended for use on amanual, textbook or other document to assureeveryone the effective freedom to copy andredistribute it, with or without modifications,either commercially or noncommercially.
How does CC work?Taken together, these threelayers of licenses ensure thatthe spectrum of rights isn’tjust a legal concept. It’ssomething that the creators ofworks can understand, theirusers can understand, andeven the Web itself canunderstand (softwaresystems, search engines, andother kinds of technology canunderstand).(read details)
AttributionCC BYThis license lets others distribute, remix, tweak, and buildupon your work, even commercially, as long as they credityou for the original creation. This is the mostaccommodating of licenses offered. Recommended formaximum dissemination and use of licensed materials.View License Deed | View Legal Code
Attribution-ShareAlikeCC BY-SAThis license lets others remix, tweak, and build upon yourwork even for commercial purposes, as long as they credityou and license their new creations under the identicalterms. This license is often compared to “copyleft” free andopen source software licenses. All new works based onyours will carry the same license, so any derivatives willalso allow commercial use. This is the license used byWikipedia, and is recommended for materials that wouldbenefit from incorporating content from Wikipedia andsimilarly licensed projects.View License Deed | View Legal Code
Attribution-NoDerivsCC BY-NDThis license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged andin whole, with credit to you.View License Deed | View Legal Code
Attribution-NonCommercialCC BY-NCThis license lets others remix, tweak, and build upon yourwork non-commercially, and although their new works mustalso acknowledge you and be non-commercial, they don’thave to license their derivative works on the same terms.View License Deed | View Legal Code
Attribution-NonCommercial-ShareAlike CC BY-NC-SAThis license lets others remix, tweak, and build upon yourwork non-commercially, as long as they credit you andlicense their new creations under the identical terms.View License Deed | View Legal Code
Attribution-NonCommercial-NoDerivs CC BY-NC-NDThis license is the most restrictive of our six main licenses,only allowing others to download your works and sharethem with others as long as they credit you, but they can’tchange them in any way or use them commercially.View License Deed | View Legal Code
CC0 — “No Rights Reserved”Unlike the Public Domain Mark, CC0 should not be used tomark works already free of known copyright and databaserestrictions and in the public domain throughout the world.However, it can be used to waive copyright and databaserights to the extent you may have these rights in your workunder the laws of at least one jurisdiction, even if your workis free of restrictions in others. Doing so clarifies the statusof your work unambiguously worldwide and facilitatesreuse.You should only apply CC0 to your own work, unless youhave the necessary rights to apply CC0 to another person’swork.
Public Domain Mark - “No KnownCopyright”The Public Domain Mark is recommended for works thatare free of known copyright around the world. These willtypically be very old works. It is not recommended for usewith works that are in the public domain in somejurisdictions if they also known to be restricted by copyrightin others. (Learn more about the Public Domain Mark)
Whats Real Open ?(another Open Definition)1. Access2. Redistribution3. Reuse4. Absence of Technological Restriction5. Attribution6. Integrity7. No Discrimination Against Persons or Groups8. No Discrimination Against Fields of Endeavor9. Distribution of License10. License Must Not Be Specific to a Package11. License Must Not Restrict the Distribution of Other Works
Attribution● U.S. Copyright Law and related laws● Creative Commons● The Copyright Crash Course from the University ofTexas at AustinThe avatar images are from the animation made with Xtranormal.