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Presentation providing brief information on copyright law and open source resources for higher education.
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Cheryl Kohen and Rachel OwensDaytona State College Library
Copyright and Open Source for Education
What makes a textbook open?
A textbook becomes "open" when its copyright-holder grants usage rights to the public through an "open license," which typically includes the right to access, reformat, and customize it at no additional cost.
What do open textbooks look like?
Open textbooks are similar to traditional texts, but much more flexible. If desired, you can create a custom version by editing it yourself to match your classroom instruction. They are available in both print and digital formats:
Online, at no cost.Downloadable PDF, at no cost.Print-on-Demand, typically for $20-$40.
Where to find open textbooks
Orange Grove Texts PlusMerlotFlat World Knowledge
Other open resources
TEDFlickr CommonsPicnik
Open Source Initiatives
Accessibility
Web Content Accessibility Guidelines (WCAG)
Open Access Journals
DOAJPeer Reviewed Open Access JournalsOxford Open
COPYRIGHT MEANS I CAN COPY IT, RIGHT??
Copyright, Fair Use and Creative Commons
Copyright Explained
Copyright “consists of a bundle of rights held by the author or developer of an original work of authorship.” (Stim, p. 215)Copyright laws are one example of exceptions to First Amendment right to free speech – speech is prohibited that would infringe on a copyright
What is protected by copyright?
Any type of expression that can be fixed in a tangible medium, such as:
Literary worksAudiovisual worksComputer softwareGraphic worksMusical arrangementsSound recordings
What is not protected by copyright?
The underlying facts, ideas or concepts of expressive worksThis allows similar works, as long as original work itself is not copied or used as a basis for later workFiction works are more likely to be infringed upon, since they generally contain more original expression than nonfiction
Length of copyright protection
Protection begins the moment the original work becomes fixed in a tangible formProtection lasts for the life of the author plus 70 years or:95 years from date of publication or 120 years from date of creation for employers or anonymous authors
When is a work considered “created?”
When it first becomes fixed in some formDrafts and other intermediate forms of the work are protected just as the final form isEach new version of an original work is considered a separate creation
Is registration of the work required?
No. “Putting a copyright notice on the work and registering it with the U.S. Copyright Office afford a copyright owner additional protection, but neither is required for basic copyright protection.” (Stim, p. 222)
Public Domain
Any work that is not protected under copyright law is in the public domainThese may be used by anyone without obtaining permission from the creator or his/her heirs
What works are in the public domain?
Those published before 1923Those which consist solely of facts or ideasThose deliberately placed in public domain by copyright ownerThose created by the federal government
Works Made for HireAny work created by an employee within the scope of employmentScope of employment: the kind of work the employee is paid to do, prepared “substantially” on work time, prepared (at least in part) to serve the employerThe employer owns the copyrightFor example:
A textbook you write on DSC timeMaterials you create on DSC time for your courses at DSCThese PowerPoint slides
Fair Use
Certain uses of a work do not require permission from the copyright owner if done for noncommercial reasons.The Copyright Act authorizes any person to make “fair use” of a work, including making copies, for teaching, scholarship or research.
Does your use qualify as Fair Use?A court will consider four factors:
The purpose and character of the useThe nature of the copyrighted workThe amount and substantiality of the portion used in relation to the work as a wholeThe effect of the use on the potential market for or value of the work
AttributionIt is often assumed that copyrighted material can be used as long as the author is credited. This is not true.Attribution does not itself qualify your use as fair use.“That being said, judges and juries may take attribution into consideration.” (Stim, p. 197)Attribution is not required for public domain works.
Copying by Instructors
Generally considered to be fair useHowever, if taken to extremes, could destroy the market for educational materialThere is a set of guidelines for instructor copyingThey do not have force of law, but if copying is done within the guidelines, a court is very likely to consider copying done by an instructor as fair use
Guidelines for Copying – Single Copies
An instructor may make one copy of the following items for use in teaching or research:
A chapter from a bookAn article from a periodicalA short story, essay, or short poemA chart, graph, diagram, drawing, cartoon or picture
Guidelines for Copying – Multiple Copies
Multiple copies of the above items may be made if:
The amount of material copied is sufficiently briefThe copying is done spontaneouslyThe cumulative effect test is metEach copy includes a notice of copyrightStudents are not charged more than actual cost of making the copies
What is “sufficiently brief?”Poetry: 250 words or lessGod in his wisdom made the fly And then forgot to tell us why (Nash, 1959)
Prose: If original is < 2500 words, may copy entire work. If original is 2500-4999 words, may copy up to 500 words. If original is >5000 words, may copy up to 1000 words or 10% of work, whichever is less.Illustrations: one chart, graph, image, etc. contained in a book or periodical
What is “spontaneously?”
Idea to copy must have been the instructor’s and not that of administration, board, or other higher authorityIdea to copy and the copies’ actual classroom use must be so close in time that it would be unreasonable to expect a reply to a request for permission from copyright owner or publisher
What is “cumulative effect?”The cumulative effect test is met if:
Copying is for only one course in the school where copies are madeNot more than one poem, article, story or essay, or two excerpts from longer works, are copied from the same author, or three from the same anthologyNot more than nine instances of multiple copying for one course during one term
Copyright notices on copies
A copyright notice must appear on all copies made This is usually accomplished by copying the page of the work where the copyright information appearsIf not, the copyright notice must be added to the copies in the exact same form as on the original
© 2007 DBCC Public Broadcasting - All Rights Reserved. Privacy Policy
Prohibited Copying
Multiple copies may not be made:To substitute for purchase of books, reprints, or periodicalsTo create anthologies or compilationsTo substitute for or replace “consumable” works (workbooks, exercises, test booklets, etc.)
The same instructor may not copy the same item from term to term.
Copyright and Fair Use Online
Fair use applies online just as it does to hard copies.Copies of electronic files can be made, downloaded or printed out, as long as:
They are for personal useThey are for educational or scholarly useThey are for journalistic use
Email is protected the same as a physical letter – “to the extent that it is original…it is fully protected by copyright the instant it is fixed in a physical medium such as a computer hard disk.”The author of the email owns the content of the message, unless created by an employee in the scope of employment.
Creative Commons
Six Creative Commons licensesDiffering levels of restrictions on what can and cannot be done with a CC-licensed workExplanation of levels of licensing
ReferencesEnsor, P. (2000). The cybrarian’s manual 2. Chicago: American Library Association.Fishman, S. (2004). Copyright handbook: how to protect and use written works (8th ed.). Berkeley, CA: Nolo.Nash, O. (1959). Verses from 1929 on. New York: Random House.Stim, R. (2006). Patent, copyright and trademark: an intellectual property desk reference (8th ed.). Berkeley, CA: Nolo.
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