Example Lecture Presentation: Considerations and Actions when Sharing Learning Materials Publicly Kathleen Ludewig Omollo, University of Michigan Date: October 2012 Revised for Health OER Tech Africa 2012 Adapted from: ICTD 2012 Conference, Open Licenses Workshop 1

Disclaimer Some example images in the before-OER version are used under U.S. copyright law, section 107 (fair use) 2

Learning Objectives Demonstrate an example presentation to show the types of embedded objects that may exist in a document. Explain why before you publicly share any resource – whether or not you choose to openly license it – you need to look for legal issues, specifically: Copyright Privacy Product endorsement 3

Learning Objectives Demonstrate an edited title slide that includes the following: Default license for the presentation (which may be different from individual embedded objects) Author and organizational affiliation Year(s) of creation Understand the difference between plagiarism and copyright 4

Learning Objectives Understand the various types of embedded objects that may exist in a document. 5

Copyright Copyright occurs automatically at the creation of a new work, when it is fixed in tangible form (e.g. written, recorded, painted) – even if there no © symbol or no author name. 6

Copyright Default Copyright (“All Rights Reserved”) means that people must get explicit permission to do any of the following: Photocopy the work or copy the work onto another computer Distribute or sell copies of the work Recreate the work in whole or in part Translate the work in another language Perform or publicly display the work 7

Copyright Copyright does not protect – Right to perform privately – Ideas – Facts – Equations – Chemical formulas 8

Copyright should not be confused with plagiarism. The chart below (released under CC BY) explains the distinction. The chart is from University of Michigan lecturer Bryce Pilz's course on intellectual property and information law.CC BY course on intellectual property and information law 9

Privacy Are there patients? Students? Faculty ? Staff? Unless they are public figures, did they give consent for their images to be used for public, educational materials? Has identifiable information (name, ID number, face, profile, distinct scars) been removed? Are there any personal or family photos that should not be included in the public version? Is there location or contact information that should be removed from public version? 10

Product Endorsement Does it seem that the author is endorsing a particular commercial product or political candidate? Are trademarks and logos used appropriately to refer to the organizations or brands that they represent? 11

12 Types of Intellectual Property Chart by Bryce Pilz, shared under CC BY Bryce PilzCC BY

13 Types of Intellectual Property Chart by Bryce Pilz, shared under CC BY Bryce PilzCC BY

Want more details? Open.Michigan Recommended Action Decision Workflow Open.Michigan Recommended Action Decision Workflow Many of these images in this presentation come from the Open.Michigan Casebook.Casebook 14

possible actions for media and text from a third-party (i.e. created by someone else) :: RETAIN : keep the content because it is licensed under an open license or is in the public domain :: REPLACE : you may want to replace content that is not openly licensed (and thus not shareable) :: REMOVE : you may need to remove content due to privacy, endorsement, or copyright concerns

Example: medical-oriented cartoon This is an example image. This image is highly expressive. While the image does express an idea, which is not in and of itself protectable, there are creative choices made in that expression. There is no source information and no copyright notice. It may be difficult to find a replacement image that conveys a similar meaning. 16

Example: Painting This is digital reproduction of a Picasso painting. The original painting from was published prior to

Example: Generic Map This image fundamentally serves to represent data. The underlying data is not protected by copyright. This depiction shows common/standard/typica l/ordinary/basic/routine choices for the content type. There are no real expressive elements, all choices have been made for clarity and to illustrate the underlying data. 18

Photo of Door onescobar/ / 19

Xray This is an X-ray, a mechanical representation of the image. X-rays are created by a mechanical process, and represent the subject with complete fidelity. There are no real expressive elements 20

Basic Chemical Representation The essential purpose of this image is to represent the composition of a chemical. Chemical compositions are represented in definite ways. There really is no other basic way to represent this chemical structure. 21

Clip art This is a clipart image from html. A screenshot of the website header is below to demonstrate the terms of use. 22

Basic Plot Graph This image is a basic data-driven graph. The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure). This depiction shows common/standard/ty pical/ordinary/basic/r outine choices for the content type. 23

Anatomy Drawing 24 This is a very creative drawing. What year was it created?

Report from U.S. federal government 25 Pretend this is the whole 75 page report, instead of just a screenshot. Source: vernmentplan/index.html

Basic Color Bar Graph This image is a basic data-driven graph. The data which makes up this graph is factual information (either from an experiment, measurements, or other data gathering procedure). This depiction shows common/standard/typical/ordinary/basic/routine choices for the content type. 26

Example: Photo This photo was taken at a public event by the author of this presentation. It has the same terms of use as the whole presentation. 27

U.S. Federal Government Image 28 Photo from Centers for Disease Control and Prevention, which is a U.S. federal government agency. Image from /details.asp. /details.asp

Website screenshot This is a screenshot of the results from a Google search. 29

Photo Pretend this is the original photo and not a screenshot. This is from Flickr. Look at terms of use. 30

31 Photo from commons.wikimedia.org/wiki /File:!_Kohlmeise_01.jpg

Photo from commons.wikimedia. org/wiki/File:%22Car nival_Glory%22.jpg 32

Attribution Key for more information see: Use + Share + Adapt Make Your Own Assessment Creative Commons – Attribution License Creative Commons – Attribution Share Alike License Creative Commons – Attribution Noncommercial License Creative Commons – Attribution Noncommercial Share Alike License GNU – Free Documentation License Creative Commons – Zero Waiver Public Domain – Ineligible: Works that are ineligible for copyright protection in the U.S. (17 USC § 102(b)) *laws in your jurisdiction may differ Public Domain – Expired: Works that are no longer protected due to an expired copyright term. Public Domain – Government: Works that are produced by the U.S. Government. (17 USC § 105) Public Domain – Self Dedicated: Works that a copyright holder has dedicated to the public domain. Fair Use: Use of works that is determined to be Fair consistent with the U.S. Copyright Act. (17 USC § 107) *laws in your jurisdiction may differ Our determination DOES NOT mean that all uses of this 3rd-party content are Fair Uses and we DO NOT guarantee that your use of the content is Fair. To use this content you should do your own independent analysis to determine whether or not your use will be Fair. { Content the copyright holder, author, or law permits you to use, share and adapt. } { Content Open.Michigan believes can be used, shared, and adapted because it is ineligible for copyright. } { Content Open.Michigan has used under a Fair Use determination. }