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

2. ​ Carla Myers Assistant Librarian & Coordinator of Scholarly Communications Miami University Libraries (Ohio)

3. 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.

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

5. OER & Affordable Learning Overview

6. 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

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

8. 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.

9. Copyright-Creating OER

10. 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

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

12. 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

13. 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

14. 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

15. 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)

16. 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

17. Licensing an OER

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

19. 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

20. Copyright-Affordable Learning

21. 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

22. 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

23. 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

24. 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

25. 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.

26. 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)

27. 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

28. 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

29. Putting it all Together

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

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