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UBC LIBRARY2011-12 Planning ReviewPresented by Ingrid Parent, University Librarian
Can I Use This? Understanding Copyright and
Working with Open Educational Resources
Devin Soper, Copyright Services LibrarianUBC Scholarly Communications & Copyright Office
Will Engle, Open Education InitiativesUBC Centre for Teaching, Learning & Technology
What does copyright protect?
Copyright literally means the “right to copy,” and it protects creators of literary and artistic works (copyright owners) by enabling them to control the publication and reproduction of their works
Copyright protects all original literary, artistic, dramatic and musical works, computer programs, sound recordings, performances, etc.
Copyright Basics
When is does something become copyrighted?
When does something become copyrighted?
Copyright is automatic
Not sure? Assume the work is protected by copyright, unless there is
a clear indication to the contrary.
How Long Does Copyright Last?
In Canada, generally, life of the author plus 50 years
For joint works, 50 years after death of last author
“Public domain” = works for which copyright has expired or been waived
So, what’s (mostly) always OK to use?
your own workinsubstantial portions of works (citations or
references)material in which copyright cannot existmaterial in which copyright no longer existsGovernment of Canada workshyperlinks (and embed codes)works you have permission to useopenly licensed works
But seeking permission is an excellent way to answer the question!
Can I Use This?
often means
Can I Use This (Without Permission?)
For everything else ...
Three key considerations to keep in mind:
source of the work
purpose of the use
method of distribution
New To Copyright In 2012• Fair dealing purposes now include education
• New and updated educational exceptions
• Reduction in statutory damages for non-commercial infringements (cap of $5,000)
• Affirmation of users’ rights and a ‘large and liberal’ interpretation of fair dealing
From Murray & Trosow (2013). Canadian Copyright: A Citizen’s Guide, p.xiii.
Fair Dealing Exception
• Allows you to use a copyrighted work for educational purposes (without permission), provided that the use is “fair”
• Supreme Court of Canada outlines six criteria for evaluating “fairness”
• Evaluation is left to the user, and can get quite complex …
Purpose of the intended use
education research criticism review private study parody satire news reporting
Fair Dealing Requirements1. The copy must be a “Short Excerpt”:
Up to 10% of a work, OR:• one chapter from a book• one article from a periodical• (etc.)
2. May only be provided to students:• as a class handout• as a posting to Connect, Vista, or Medicol• as part of a print course pack• directly over email
More information: copyright.ubc.ca/requirements/fair-dealing/
Fair Dealing In PracticeNew guidelines to clarify the application of fair dealing in different contexts, including:
• Teaching• Research• LMS• Administrative copying• Audiovisual works
See: copyright.ubc.ca/requirements/fair-dealing-in-practice
Films & Sound Recordings
Fine to perform in class, provided that:
•the purpose is educational
•the audience consists primarily of students or instructors
•you use a legally obtained copy of the work
WORK AVAILABLE ONLINE Fine to copy and distribute, provided that:
•there is no notice on the website that prohibits the intended use
•you do not break a digital lock
•the work has been posted legitimately (i.e., with the copyright owner’s consent)
•you identify the source of the work
Method of distribution
If intended use is not covered by fair dealing or another copyright exception, then either:
● seek permission, or● use an openly-licensed alternative
Open Licensed materials offer simplicity in the face of the complexity
of copyright
Creative Commons (CC) licenses provide advance permission to use copyrighted material under certain
conditions.
From: How To Attribute Creative Commons Photos by Foter, CC-BY-SA
Open educational resources are educational materials (e.g., course textbooks, research articles, videos, assessments, simulations, etc.) that are either (a) licensed under an open copyright license (e.g., Creative Commons) or (b) in the public domain.
Wiley & Green, 2012
[ Revise ]
[ Remix ]
[ Reuse ]
[ Redistribute ]
To enable faculty have full control to customize & contextualize instructional resources
OER can empower educators to benefit from the best ideas of their colleagues and
create new approaches to assessment, accreditation and collaborative learning.
[Wiley, 2013]
Casserly & Ito. (2011), The Power of Open; http://thepowerofopen.org/; CC-BY
Finding Reusable Content
Examples:http://search.creativecommons.orghttp://open.bccampus.cahttp://open4us.org/find-oer/
• Can you reproduce the material? Are you allowed to change it?
• Have you met the license conditions? Attribution?
• Do be aware of the source site's terms of service and individual items licenses
COPYRIGHT SUPPORT SERVICES
Copyright Support Services
copyright.ubc.ca
Consultations
Email: [email protected]
Phone: 7-2006 (Devin)
In-person:
• weekly drop-in clinics
• by appointment
Workshops
• Copyright for the Classroom
• Copyright and Conference Sessions
• Open Access Publishing, Author Rights, and Funding Mandates
• See copyright.ubc.ca/support/workshops
Library Course Reserves
• New electronic course reserve system available in Connect
• Enables instructors to distribute readings electronically without
copyright concerns
• See courses.library.ubc.ca for more information, including video tutorials!
courses.library.ubc.ca
Making Your Own Work Open
UBC Blogs, UBC CMS and The UBC Wiki
