1. Open Access, Copyright and Online Courses Monica Fazekas TIES Symposium Friday March 8, 2013 1

2. Overview How to find open access materials Author’s rights at point of publication Quick look at copyright and fair dealing How to find creative commons, public domain matierals and open educational resources 2

3. What is Open Access (OA)? free, online availability of scholarly research outputs. OA deals primarily with access to peer-reviewed scholarly articles, for which authors receive no financial compensation. 3

4. Gratis vs. Libre Gratis: You can read it for free. Anything else, ask for permission. Libre: With credit given, OK to text-mine, re- catalog, mirror for preservation, quote, remix, whatever. Most OA is gratis. You get to “libre” via Creative Commons licensing, usually. (text from Dorothea Salo) 4

5. The Way to OA Where can I find OA materials? 1) Open Access publishing 2) Author self- archiving 2.5) Hybrid open access publishing Camino de Santiago: Etapa de Portomarín a Palas del Rei http://www.flickr.com/photos/jexweber/489805 8682/ 5

6. OA Publishing Has taken time for impact factors and reputation to build Business models still emerging Author-pays model has better traction in the STM community Grant funds common source of fees Can OA funds redress the balance for fields with fewer grants? 6

7. OA Publishing Examples: DOAJ: http://www.doaj.org/ 7

8. Self-Archiving Usually found in Institutional Repositories: 8

9. Searching Institutional Repositories 9

10. Self-Archiving Issues Often include a range of material including student work, grey literature, theses and dissertations, etc. For published literature, confusion over what can be deposited (post print, pre print, published version?) Copyright & contract issues murky and (often) frustrating 10

11. Publisher Agreements Publisher Agreements: Non OA Journals usually “require” publication agreements, which are legally binding contracts. In these agreements, copyright is generally transferred from the author to the publisher “ Without copyright ownership, academic staff can lose control of their own work and may no longer be entitled to email it to students and colleagues, post it on a personal or course web page, place it in an institutional repository, publish it in an open access journal or include it in a subsequent compilation.” -CAUT Intellectual Property Advisory, no. 1, July 2008 11

12. Author Rights 12

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14. Copyright – What is protected? Literary works (i.e. books, pamphlets, computer programs) Dramatic works (i.e. films, screenplays, scripts, operas) Musical works (with or without words) Artistic works (i.e. paintings, sculptures, photographs, maps) Performer’s performance (i.e. singing, recitation) Sound recordings Communication signals 14

15. Copyright Copyright protection is automatic Author holds first copyright Copyright term in Canada is life of author plus 50 years (joint authorship – life of the author who dies last, plus 50 years) Balance between rights of authors (or copyright holders) and rights of users 15

16. Fair Dealing “29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright.” R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s. 18; 2012, c. 20, s. 21. Fair dealing for criticism, review or news reporting does not infringe copyright (but source MUST be acknowledged) 16

17. Fair dealing – 6 factors 1.Purpose of the dealing 2.Character of the dealing 3.Amount of the dealing 4.Alternatives to the dealing 5.Nature of the work 6.Effect of the dealing on the work Determined in: CCH Canadian v. Law Society of Upper Canada [2004] 1 SCR 339 17

18. Creative Commons Mission “Creative Commons’ mission is to enable the legal sharing and reuse of cultural, educational, and scientific works. To this end, we offer free and easy-to-use tools to creators and the public to assist them in harnessing the creativity that new technologies make possible — a read/write culture in which we can engage with the content that surrounds us, as distinct from a read–only culture in which we can only passively receive content.” http://wiki.creativecommons.org/images/6/65/Creativecommons-encouraging-the-ecology-of- creativity_eng.pdf, p. 3 http://wiki.creativecommons.org/images/6/65/Creativecommons-encouraging-the-ecology-of- creativity_eng.pdf 18

19. Creative Commons Licenses 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. Attribution-Share Alike 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. 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. 19

20. Creative Commons licenses 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. 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. Attribution-NonCommercial-NoDerivs CC BY-NC-ND This license is the most restrictive of the 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. 20

21. Public Domain Public Domain works are not protected by copyright law and are freely available for everyone to use Why is something in public domain? Work does not qualify for copyright (e.g. common facts, ideas, names, hypotheses) Work’s duration of copyright expired Author dedicated work to public domain American government documents (Canada has Crown Copyright) 21

22. Some sources for public domain materials Internet Archive http://www.archive.org/ http://www.archive.org/ Project Gutenberg http://www.gutenberg.org/wiki/Main_Page http://www.gutenberg.org/wiki/Main_Page International Music Score Library http://imslp.org/ http://imslp.org/ "Free Art Resources on the Web" Art Libraries Society of North America http://www.arlisna.org/pubs/onlinepubs/freeart.html http://www.arlisna.org/pubs/onlinepubs/freeart.html Various National Library websites e.g. http://www.collectionscanada.gc.ca/discover/product/index-e.html http://www.collectionscanada.gc.ca/discover/product/index-e.html 22

23. Sites for Multimedia Education Resources (that use cc and/or pd) Audio/ Sound ImageVideoMulti- media Creative Commons Search√√√√ Blip√√ Flickr√ Free Sound√ Internet Archive√√√√ Jamendo√ Multimedia Educational Resources for Learning and Online Teaching (MERLOT) √V√√ SpinXpress√√√ Wikimedia Commons√√√ YouTube Education√√ 23

24. Open Educational Resources (OER) Various definitions for OER From OECD’s Giving Knowledge for Free (2007): “digitised materials offered freely and openly for educators, students and self-learners to use and reuse for teaching, learning and research.” (p.10)Giving Knowledge for Free It includes learning content (courseware), software tools and implementation resources such as open licenses. 24

25. OER Content Content is extremely diverse from lecture slides and examination/test material to streaming video, podcasts or any other material designed for teaching and learning 25

26. Where to find OERs? General OER Repositories, Directions and Search Engines: Open CourseWare Consortium: http://www.ocwconsortium.org/http://www.ocwconsortium.org/ OER Commons: http://www.oercommons.org/http://www.oercommons.org/ National Repository of Online Courses (NROC): http://www.courserepository.org/ World Lecture Hall: http://wlh.webhost.utexas.edu/http://wlh.webhost.utexas.edu/ Google OCW/OER Search: http://www.google.com/cse/home?cx=000793406067725335231%3Af m2ncznoswy iTunes U: http://www.apple.com/education/itunes-u/http://www.apple.com/education/itunes-u/ 26

27. Where to find OERs Institutional Sites: MIT OpenCourseWare: http://ocw.mit.edu/index.htmhttp://ocw.mit.edu/index.htm Carnegie Mellon Open Learning Initiative: http://oli.web.cmu.edu/openlearning Open Michigan (University of Michigan): http://open.umich.eduhttp://open.umich.edu Connexions (Rice University): http://cnx.org/http://cnx.org/ Tufts University Open CourseWare: http://ocw.tufts.eduhttp://ocw.tufts.edu Open Yale Courses: http://oyc.yale.edu/http://oyc.yale.edu/ Utah State OpenCourseWare: http://ocw.usu.edu/http://ocw.usu.edu/ 27

28. 28 Discipline/Subject Specific Repositories: OYEZ Project (audio archive of U.S. Supreme Court material): http://www.oyez.org/ John Hopkins Bloomberg School of Public Health Open CourseWare: http://ocw.jhsph.edu/ Exploratories -Brown University (java applets for teaching concepts in computer graphics http://www.cs.brown.edu/exploratory/ Harvard Open Collections (provides access to 7 subject specific-collections) http://ocp.hul.harvard.edu/ http://ocp.hul.harvard.edu/ Finding OERs

29. Example 1 29 License Terms Search limits

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31. Modern Music 1900-1960 This course contains syllabus, lecture notes, reading and listening lists and assignments Due to nature of materials studied, there are no public domain or creative commons scores or sound recordings The syllabus, lecture notes and assignments have Creative Commons Attribution-Noncommercial-Share Alike 3.0 licenseCreative Commons Attribution-Noncommercial-Share Alike 3.0 31

32. MOOCs (Massive Open Online Course) 32

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34. Attribution Slide 4: Text used from Dorothea Salo’s “Open Sesame” Presentation at http://www.slideshare.net/cavlec/open-sesame-and-other-open-movements http://www.slideshare.net/cavlec/open-sesame-and-other-open-movements Slide 5: “Camino de Santiago: Etapa de Portomarín a Palas del Rei” by Jesús Pérez Pacheco, CC BY-NC-ND 2.0, http://www.flickr.com/photos/jexweber/4898058682/ Slides: 5, 6, 10 : Adapted from Kevin L. Smith’s “Openness: Contribute, Access, Use” under Creative Commons Attribution-NonCommercial-ShareAlike 3.0 license at https://www.dropbox.com/sh/m4moc6x9nzxthr8/yEu_DBHzLR/KLS%20Ope nness%20for%20Toronto.pptx https://www.dropbox.com/sh/m4moc6x9nzxthr8/yEu_DBHzLR/KLS%20Ope nness%20for%20Toronto.pptx Slide 11: Quote from “CAUT Intellectual Property Advisory”, no. 1, July 2008, http://www.caut.ca/uploads/IP-Advisory1-en.pdf http://www.caut.ca/uploads/IP-Advisory1-en.pdf Slide 16: Text from Section 29 of “Copyright Act (R.S.C., 1985, c. C-42)” at http://laws-lois.justice.gc.ca/eng/acts/C-42/page-18.html#h-26 http://laws-lois.justice.gc.ca/eng/acts/C-42/page-18.html#h-26 Slide 18: Quote from Creative Commons document “Encouraging the ecology of creativity” under Creative Commons Attribution 3.0 http://wiki.creativecommons.org/images/6/65/Creativecommons- encouraging-the-ecology-of-creativity_eng.pdf, p. 3 http://wiki.creativecommons.org/images/6/65/Creativecommons- encouraging-the-ecology-of-creativity_eng.pdf 34

35. Attribution Slides 19 & 20: Text from Creative Commons licenses web site https://creativecommons.org/licenses/ https://creativecommons.org/licenses/ Slide 24: Quote from OECD’s “Giving Knowledge for Free,” http://www.keepeek.com/Digital-Asset- Management/oecd/education/giving-knowledge-for-free_9789264032125- en http://www.keepeek.com/Digital-Asset- Management/oecd/education/giving-knowledge-for-free_9789264032125- en Slides 25-28: Adapted from “Democratizing Access to Knowledge: Find Out What Open Educational Resources (OER) Have to Offer” by Michael B. McNally, under Creative Commons Attribution 3.0 http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1012&context=fimspres http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1012&context=fimspres Screenshots used under fair dealing This presentation was created by Monica Fazekas for Western University’s Ties Symposium on March 8, 2013. It is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License http://creativecommons.org/licenses/by-nc-sa/3.0 http://creativecommons.org/licenses/by-nc-sa/3.0 35