Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits0 Intellectual Property Management for OCW June 27, 2008OCWC IP Toolkit Team

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits1 I.What is IP? II.What are the IP issues involved in OCW? III.How do I Identify and Manage those Issues? IV.Resources

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits2 What is IP? —Categories and Definitions “Intellectual property” refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. --World Intellectual Property Organization, “What is Intellectual Property?” About WIPO,

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits3 What is IP? —Categories and Definitions Intellectual property is divided into two categories: Industrial property--inventions (patents), trademarks, industrial designs, and geographic indications of source. Copyright--literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Copyright-Related--performances, recordings, and broadcasts. --adapted from World Intellectual Property Organization, “What is Intellectual Property?” About WIPO,

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits4 What is IP?—Copyright Most IP Issues related to OCW Publication are issues of Copyright and Copyright-Related Rights.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits5 What is IP?—Rights of the Copyright Holder Copyright grants the holder exclusive right to prohibit or authorize a work’s: reproduction in various forms, such as printed publication or sound recording; public performance, as in a play or musical work; recording, for example, in the form of compact discs, cassettes or videotapes; broadcasting, by radio, cable or satellite; translation into other languages, or its adaptation, such as a novel into a screenplay. --WIPO,

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits6 What is IP?—Trademark Trademark is the form of Industrial Property most relevant to OCW: A trademark is a distinctive sign identifying certain goods or services as those produced or provided by a specific person or enterprise. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features. A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. -- WIPO,

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits7 What is IP?—Trademark In addition, inclusion of a trademark on your OCW site may appear to indicate endorsement of a particular product or service by your institution. Such endorsement may have legal implications and should be cleared through legal counsel prior to publication.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits8 What is IP?—Extra-Legal Obligations Intellectual Property is a matter of legal rights and responsibilities. Other obligations may attach to the use of others’ work through concern for professional ethics, common courtesy or enlightened self-interest.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits9 I.What is IP? II.What are the IP issues involved in OCW? III.How do I Identify and Manage those Issues? IV.Resources

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits10 Universities working together to advance education and empower people worldwide through opencourseware. IP Issues in OCW—Overview The OpenCourseWare approach works in harmony with national and international copyright law to allow authors to retain copyrights in their intellectual property while giving users and re- mixers permission to use, adapt, and redistribute those teaching materials.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits11 IP Issues in OCW—Public Domain The “Public Domain” is what we call intellectual property falling outside the bounds of copyright law for a given jurisdiction. Legally belonging to no one, this property is available to the public for any purpose.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits12 IP Issues in OCW—Public Domain Works in the public domain generally include works: for which the copyright term has expired; for which copyright is forfeit due to failure to comply with the copyright formalities in effect at the time; which the laws categorically exclude from copyright protection. --adapted from THE PUBLIC DOMAIN IN COPYRIGHT LAW, Edward Samuels, 41 Journal of the Copyright Society 137 (1993),

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits13 IP Issues in OCW—Public Domain It is also possible in some jurisdictions to dedicate a work to the public domain. Doing so requires a specific legal certification and is not achieved through simple non-registration. --see

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits14 IP Issues in OCW—Public Domain Different governments have different laws governing public domain categories, so reference to the relevant local laws is always necessary.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits15 IP Issues in OCW—Fair Use Many jurisdictions also employ a doctrine called “fair use” or “fair dealing” which allows the use of copyrighted material, without permission, within a range of favored purposes.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits16 IP Issues in OCW—Fair Use Because “educational purposes” often support a claim of fair use behind the doors of the (virtual) classroom, faculty often expect more freedom in their use of copyrighted material than than the law grants them in an open, internet-based environment.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits17 IP Issues in OCW—Fair Use Nevertheless, an OCW author may be able to claim the same types of “transformative use” coverage available to the news broadcaster and/or art critic who displays the object of the news report or criticism. There are no guarantees in fair use laws, merely factors weighing for or against a fair use ruling. Always seek legal counsel when weighing the risk of a “fair use” venture.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits18 IP Issues in OCW—Licensing Your Content The definition of OCW materials as “free and open” leaves a number of licensing options available. Taking the time to learn the categories and terms will allow you to make choices that best suit your needs and those of your intended users.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits19 IP Issues in OCW—Licensing Your Content Note here that adopting an open license does not constitute a relinquishment of copyright. Under the Berne Convention (adopted by 163 countries as of April, 2008), copyrights for creative works are automatically in force upon their creation without being asserted or declared. Under an open license, a copyright holder simply exercises the right to control redistribution by choosing to open access to everyone.

FREE ≠ OPEN ≠ LIBRE

Free from restrictions Non-Commercial Share-alike Creative Commons License Copyleft Attribution (only) No derivatives GNU GPL=GNU General Public License

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits22 IP Issues in OCW—Licensing Your Content Wiley’s 4R’s Reuse –use the work verbatim, just exactly as you found it Rework –alter or transform the work so that it better meets your needs Remix –combine the (verbatim or altered) work with other works to better meet your needs Redistribute –share the verbatim work, the reworked work, or the remixed work with others

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits23 IP Issues in OCW—Licensing Your Content Still More Considerations: If your work involves remixing, be sure your license does not violate that of the works you remix. A fair use claim may limit your ability to license the transformative work. A license to “remix” does not license fraud, so derivative falsifications remain illegal.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits24 IP Issues in OCW—Licensing Others’ Content Intellectual Property Rights must be determined before they can be shared. Licensing Consistency and Content Richness may prove to be relative values. Consider what balance you want to achieve.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits25 IP Issues in OCW—Licensing Others’ Content OCW Licensing Concerns fall into two related categories: Choosing the license(s) under which to offer your content on your OCW site. Securing the license to use others’ content on your OCW site.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits26 I.What is IP? II.What are the IP issues involved in OCW? III.How do I Identify and Manage those Issues? IV.Resources

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits27 IP Management—Work Flow OCW Licensing Concerns fall into two related categories: Choosing the license(s) under which to offer your content on your OCW site. Securing the license to use others’ content on your OCW site.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits28 IP Issues in OCW—Licensing Others’ Content Considerate treatment of others’ intellectual property is a form of outreach for the OCW movement. Each licensing exchange builds an ongoing relationship for good or ill.

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits29 IP Management—Getting to Know Your General Counsel Develop a License Request You Both Can Live With Determine Your Institution’s Attitude Toward IP Ownership of Faculty Course Materials Determine How Much IP Adventure Your Institution Can Bear Establish a Good Faith Relationship Understand that Fair Use Determinations Generally are Handled on a Case-By- Case Basis: –Seek and Document Advice Before Embarking on a Fair Use Argument. The documentation establishes your “good-faith effort” not to infringe. –(at least in the US) A License Request does not undermine a fair use argument

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits30 I.What is IP? II.What are the IP issues involved in OCW? III.How do I Identify and Manage those Issues? IV.Resources

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits31 Resources--Licensing Issues Creative Commons GNU Public License--

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits32 Resources--Public Domain Copyright Term in the United States Union for the Public Domain

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits33 Resources--World Copyright Law World Intellectual Property Organization Berne Convention x.html x.html

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits34 Resources--More Information World Intellectual Property Organization US Copyright Basics

Universities working together to advance education and empower people worldwide through opencourseware. October 8, 2015Open Sharing, Global Benefits35 Thank You! Visit The OpenCourseWare Consortium portal at Contact the Consortium at: