Copyright & OER Miami University Libraries Copyright Conference September 20, 2017

​ Carla Myers Assistant Librarian & Coordinator of Scholarly Communications Miami University Libraries (Ohio) myersc2@miamioh.edu

Please Note: The information provided in this presentation should not be construed as legal advice. If you have a legal question you should speak with an attorney.

Overview OER & Affordable Learning Overview Copyright Issues—Creation Using Copyright Issues—Using OER/AL Putting it all Together

OER & Affordable Learning Overview

Open Educational Resources (OER) Open Educational Resources (OERs) are any type of educational materials that are in the public domain or introduced with an open license. The nature of these open materials means that anyone can legally and freely copy, use, adapt and re-share them. -UNESCO http://www.unesco.org/new/en/communication-and-information/access-to-knowledge/open-educational-resources/what-are-open-educational-resources-oers

OER Examples OpenStax: openstax.org/ OER Commons: www.oercommons.org/ Open Textbook Library: open.umn.edu/opentextbooks/

Affordable Learning Using low-cost or “no-cost” resources for course instruction Resources found in library databases OA resources Other works made freely (and legally!) available online Low-cost works that can be obtained, e.g. Netflix subscription, Harvard Business Review Cases that can be added to a class reading list.

Copyright-Creating OER

Works can be included in OER When… The work is in the public domain The author/organization producing the work is the rightsholder. The work can be reused under the terms of its license (OA works, Creative Commons (CC) works) The use of the work could be considered a fair use under US copyright law* Permission is obtained to reuse the work in an OER A license is obtained to include the work in an OER

Public Domain Works Works whose copyright has expired Works that are not eligible for copyright protection. Works created by the US Federal Government

Author/Institutional is the Rightsholder The rightsholder can authorize uses of the work Ensue that these rights have not been signed away as part of any publication agreement Make sure the copyright in the work does not fall under any work made for hire situation that may need to be considered

OA & CC Licensed Works OA Works-check the terms of the journal and/or article Creative Commons (CC) Works Attribution Share-alike* Noncommercial/commercial No derivatives

Considering Fair Use Fair use (Section 107, US copyright law) can be considered Ensure a thoughtful and thorough analysis of the four factors Consider legal risk

Obtaining Permission to Reuse a Work Identify the rightsholder Contact, providing information about… The work you wish to reuse (specific work and portion) How are you planning on reusing the work? What rights you are asking for? What term (for OER, most likely perpetual) https://copyright.columbia.edu/basics/permissions-and-licensing.html

Obtaining a License to Use a Work Will likely include payment of a fee Carefully read the terms Work with a licensing organization Copyright clearance center ASCAP Stock photo companies

Licensing an OER

OER Reuse “5 R’s” developed by David Wiley Retain Reuse Revise Remix Redistribute

Licensing Considerations Who will select/set the license? Author Funding institution/organization requirements? What license will be attached to the work? Supporting the 5 R’s? Other? Where will the license come from? Established (e.g., CC) Other Communicating the License

Copyright-Affordable Learning

Works can be included in AL Works When… The work is in the public domain The author/organization producing the work is the rightsholder. The work can be reused under the terms of its license (OA works, Creative Commons (CC) works) The use of the work could be considered a fair use under US copyright law* Permission is obtained to reuse the work in an OER A license is obtained to include the work in an OER

Wait, this sounds familiar! The work is in the public domain The author/organization producing the work is the rightsholder The work can be reused under the terms of its license (OA, CC, resources provided by the library) The use of the work could be considered a fair use under US copyright law Permission is obtained to reuse the work in an OER A license is obtained to include the work in an OER

OA & CC Licensed Works OA Works-check the terms of the journal and/or article Creative Commons (CC) Works Attribution Share-alike Noncommercial/commercial No derivatives

Works Made Available Through the Library Works included in library databases Articles eBooks Films Music Review license associated with resource to see what sharing options are available

Considering Fair Use Ensure a thoughtful and thorough analysis of the four factors is considered! Consider legal risk and factors that may support a fair use argument in this type of situation.

Obtaining Permission to Reuse a Work Identify the rightsholder Contact, providing information about… The work you wish to reuse (specific work and portion) How are you planning on reusing the work? What rights you are asking for? What term (for OER, most likely perpetual) https://copyright.columbia.edu/basics/permissions-and-licensing.html

Obtaining a License to Use a Work Will likely include payment of a fee Carefully read the terms Work with a licensing organization Copyright clearance center ASCAP Stock photo companies Discipline-specific vendors, e.g. Harvard Business Review cases

Considerations Negotiating license agreements for licensed library resources Helping faculty interpret OA/CC licenses attached to the works they wish to reuse Ensuring students and faculty are aware of their sharing rights under any licensed resources

Putting it all Together

Things to Consider Consider your situation Consider your options Creation Use Consider your options Clearly communicate necessary information to users!

Questions? This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.