About Open LicensesJessie Chuang

www.classroom-aid.com

License : CC BY-SA

Copyright

The 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 author's

employer 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 and

collaborative works, the agreement at the start of a project is crucial.

Resource : The Copyright Crash Course from 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 any particular case is a fair use the factors to be considered shall include — (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon the potential market for or value of the copyrighted work.

Fair Use (con't)

Fair Use Best Practices statements (sponsored by the Center for Social Media and Washington School of Law at American University) stated that court decisions focused on two questions: ● Is the use you want to make of another's work

transformative -- that is, does it add value to and repurpose the work for a new audience;

● Is the amount of material you want to use appropriate to achieve your transformative purpose?

Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally 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 rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium. But there is a considerable gap between what the statute authorizes for face-to-face teaching and for distance education.

Fair use also remains important because the in-classroom activities (even if the classroom is virtual) the TEACH Act authorizes are a small subset of the uses of electronic resources educators may wish to make. It only covers in class performances and displays, not, for example, digital delivery of supplemental reading, viewing, or listening materials.

Exemptions for OER ?

Fair Use and TEACH Act aren't applicable if you want to use something for creating OER. The reason is that you can't be sure in what context your OER will be used.

What's Copyleft? (www.GNU.org)Copyleft is a general method for making a program (or other work) free, and requiring all modified and extended versions of the program to be free as well.Copyleft is a general concept, in the GNU Project, the specific distribution terms for most software are contained in the GNU General Public License. (GNU GPL for short)The GNU Free Documentation License (FDL) is a form of copyleft intended for use on a manual, textbook or other document to assure everyone the effective freedom to copy and redistribute it, with or without modifications, either commercially or noncommercially.

Creative Commons (CC)

How does CC work?Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s something that the creators of works can understand, their users can understand, and even the Web itself can understand (software systems, search engines, and other kinds of technology can understand).

(read details)

Creative Commons Licences Explained

Attribution CC BY

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials.View License Deed | View Legal Code

Attribution-ShareAlike CC BY-SA

This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.View License Deed | View Legal Code

Attribution-NoDerivs CC BY-ND

This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.View License Deed | View Legal Code

Attribution-NonCommercial CC BY-NC

This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.View License Deed | View Legal Code

Attribution-NonCommercial-ShareAlike CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.View License Deed | View Legal Code

Attribution-NonCommercial-NoDerivs CC BY-NC-ND

This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change 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 to mark works already free of known copyright and database restrictions and in the public domain throughout the world. However, it can be used to waive copyright and database rights to the extent you may have these rights in your work under the laws of at least one jurisdiction, even if your work is free of restrictions in others. Doing so clarifies the status of your work unambiguously worldwide and facilitates reuse.You should only apply CC0 to your own work, unless you have the necessary rights to apply CC0 to another person’s work.

Public Domain Mark - “No Known Copyright”

The Public Domain Mark is recommended for works that are free of known copyright around the world. These will typically be very old works. It is not recommended for use with works that are in the public domain in some jurisdictions if they also known to be restricted by copyright in others. (Learn more about the Public Domain Mark)

Other Open Licenses

In addition to the licenses published by Creative Commons, which are the most common and straightforward licenses, some publishers opt to write their own open licenses.● Teachers' Domain - download & share, download,

share, & remix (Note only applies to content marked as such)

● NROC terms of use - Hippocampus terms of use● Stock.XCHNG license

What's Real Open ? (another Open Definition)1. Access

2. Redistribution

3. Reuse

4. Absence of Technological Restriction

5. Attribution

6. Integrity

7. No Discrimination Against Persons or Groups

8. No Discrimination Against Fields of Endeavor

9. Distribution of License

10. License Must Not Be Specific to a Package

11. 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 of Texas at Austin

The avatar images are from the animation made with Xtranormal.