UBC LIBRARY Planning Review Presented by Ingrid Parent, University Librarian Can I Use This? Understanding Copyright and Working with Open Educational Resources Devin Soper, Copyright Services Librarian UBC Scholarly Communications & Copyright Office Will Engle, Open Education Initiatives UBC 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 work insubstantial portions of works (citations or references) material in which copyright cannot exist material in which copyright no longer exists Government of Canada works hyperlinks (and embed codes) works you have permission to use openly 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 Requirements 1. 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 More information: copyright.ubc.ca/requirements/fair-dealing/copyright.ubc.ca/requirements/fair-dealing/

Fair Dealing In Practice New 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-practicecopyright.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-SAHow To Attribute Creative Commons Photos by Foter

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; CC-BY

Finding Reusable Content Examples: org

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 Phone: (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

If in doubt, just remember:

Making Your Own Work Open

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