1. dScribe workshop License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ © Regents of the University of Michigan, 2010 Last updated 10 October 2010

2. Goals of the workshop By the end of this workshop, participants should be able to: Introduce participants to the global open courseware (OCW)/open educational resources (OER) movement. Define and provide a rationale for OER Understand the basics of copyright law and the Creative Commons licensing scheme Explain the dScribe process Provide a basic overview of important OER policy areas, including copyright, privacy, and endorsement. Identify, classify and clear third-party content contained within educational materials Search for and locate OER for a given topic

3. Pre-Assessment https://open.umich.edu/wiki/images/b/be/DScribe_ Workshop_Pre-assessment.ppt

4. What is OER? See Greg’s “The Road to Open Educational Resources” talk (ODP, PPT).ODPPPT

5. What is dScribe? dScribe, which stands for "digital and distributed scribes," builds on the idea that by distributing tasks across a variety of interested people and using digital tools and resources we can potentially lower the cost, time, and overall effort required to create OER. The dScribe model supports a participatory approach to teaching and learning where students are not simply seen as passive recipients of knowledge, faculty as the purveyors of it, and staff as intermediaries between the parties. Instead, dScribe supports a pedagogical approach that leverages the talents and expertise of a variety of individuals to engage in new and innovative forms of collaboration and resource creation.

7. Why dScribe? Institutional Goals: scalable sustainable participatory

8. Why be a dScribe? Individual Goals Build skills and knowledge around open access, OER, copyright, and copyleft Collaborate w/ other dedicated classmates, staff, and faculty Make resources more widely available (classmates, alumni, underserved) Review topic/course content

9. dScribe History U-M Tvol, Flickr (dScribe meeting, Winter 2008) openmichigan, Flickr (dScribe meeting, Winter 2009) openmichigan, Flickr (Copyright Jeopardy, Winter 2009) openmichigan, Flickr (CGIU – Winter 2009)

10. dScribes outside of U-M openmichigan, Flickr (UCT, South Africa) openmichigan, Flickr (KNUST, Ghana) openmichigan, Flickr (UCT, South Africa)

11. Getting started: dScribe Task List https://open.umich.edu/wiki/DScribe_media

12. 1.Introduction 2.Training 3.Organize Materials 4.License Your Materials 5.Assess and Clear 6.Edit Materials 7.Audit Materials 8.Publish Materials 1, 2 can be done simultaneously 3, 4, can be done simultaneously 5, 6 should be done together 7, 8 are done by Open.Michigan

13. 1. Introduction Covered by Greg’s “The Road to Open Educational Resources” talk. Main takeaway: Share your work and select a Creative Commons license: Open.Michigan permission form (PDF, Online)PDFOnline

14. 2. Training (present moment) Presentation: ~1 ½ - 2 hours Hands-on Time: ½ - 1 hour

15. 2. Training Copyright Basics What is it? Origin? Purpose? Eligibility for copyright No “sweat of the brow” Section 102b How do you copyright a work? © notice? Registration? What rights come with copyright? Duration? Original vs. Present Who owns copyright? Default (Work for hire) Contractors At your institution? Public Domain Expired U.S. Federal Government works Self-Dedicated Creative Commons Fair Use (Section 107) Advanced (cover if interest) Derivative works Collections Noncommercial use Other types of intellectual property First Sale Doctrine Statutory Damages Copyfraud Orphan works C Differences by countries

16. Want to know more about copyright? Ask our resident copyright specialists.

17. 2. Training CopyrightPatentTrademark Protects expression not ideas Protects ideas that have been reduced to practice Protects goodwill associated with mark Life of author + 70 years20 years from filing10 year increments Fair UseNo Fair Use No Research Exemption Fair use Works for hireEmployee inventor ownsOwned by person that uses in commerce Protects against copyingInnocent infringement not a defense Protects against confusion and dilution Protection is automatic (registration is relatively simple) Extensive examination process before any rights granted Automatic for distinctive marks (might need sec. meaning) (some examination) Originality (low bars)Novelty and Nonobvious (high bars) Distinctiveness Bryce Pilz, SI 519/PubPol 688 Lecture, Fall 2008, Week 7 Check out our open course on intellectual property

18. 2. Training We’re going to cover a lot in the workshop. If you need a refresher later, use our wiki: open.umich.edu/wiki

19. 3. Organize Materials During this step, the dScribe gathers all of the materials from a course/module intended for OER publication. This material may be transferred through a learning management system or removable media such as a USB drive. The material should be its native, editable format (e.g..doc,.ppt rather than.pdf) so that the dScribe may edit it as needed.

20. 4. License Your Materials The most important step in creating open content is letting others know how you want them to use it. The easiest way to do this is to select a Creative Commons license for the material you’ve created. All co-authors should select a license, preferably the same one.

21. 5. Assess and Clear 6. Edit Materials If you’re not using OERca, it saves time if you do steps 5 & 6 together. It helps to have two windows open on your computer – one with the learning material and another with the tool you’re using to record step 5. If you use OERca, it automatically does *part* of the editing process for you with Power Point files.

22. 5. Assess and Clear Once the dScribes have gathered the material, they must analyze the content to determine if there are any objects that merit concern in regard to : Copyright Privacy Endorsement

23. 5. Assess and Clear

24. Learning materials include lecture slides and other multimedia presentations, posters, handouts, readings, quizzes, class notes, and a host of other associated educational material used for instruction and learning. A content object refers to individual media items like photos, illustrations, recordings, text, equations, screenshots, and other such media that appear within learning materials. Every content object has corresponding context, i.e. a single page or slide in a learning material, may contain one or more ‘content objects’ and surrounding text. Within OERca, this is called a ‘context image.’

25. 5. Assess and Clear This is the heart of the dScribe process. During this step, the dScribe recommends an action for each content object. There are four possible actions to recommend for each object: Retain Replace Remove and Annotate Seek Permission These actions should be recorded in some manner (e.g. spreadsheet/form, OERca) for legal purposes as show your due diligence in your OER publication process. spreadsheet/formOERca

26. 5. Assess and Clear The dScribe may choose to retain an object for one of three reasons…

27. 5. Assess and Clear Retain: Public Domain Recommend this action when it is clearly indicated or known that the content object is in the public domain. For example, a book published in the U.S. before 1923, such as Gray's Anatomy, is the public domain. Relevant citation tags

28. 5. Assess and Clear Retain: Public Domain U.S. federal government documents are in the public domain.

29. 5. Assess and Clear Retain: Permission Recommend this action when you have been given expressed permission to use the object. This action is appropriate when the object is licensed under Creative Commons, the object was created by the instructor, or the the object was created by someone else who gave special permission for it to be used. Relevant citation tags

30. 5. Assess and Clear Retain: Copyright Analysis Public Domain b/c Ineligible for © OR Fair Use Determination Recommend this action when you come across an object for copyright status or permission is unknown, but you have reason to believe that it is legally acceptable to use it anyway. For example, if the object is something that is ineligible for copyright, e.g. a table of facts is not protected by copyright in the U.S., or it is a short excerpt of a much larger copyrighted work, then you would select this action. Since the category of what's eligible for copyright, particularly in regard to data and scientific images differs across countries, OER producers should refrain from doing this sort of copyright analysis unless that have a deep understanding of copyright law in their country and/or are able to consult copyright attorneys trained in their jurisdiction. Relevant citation tags

31. What action would you recommend for this object & why? Retain: Copyright Analysis Public Domain b/c Ineligible for Copyright This is a basic graph. Data is not copyrightable. This is a basic representation of data containing no creative expression. If you and I both had this data, we could generate the same graph easily.

32. 5. Assess and Clear The dScribe may choose to replace an object when it is clearly indicated that the object is copyrighted or it is unknown but likely that the object is copyrighted.

33. 5. Assess and Clear Replace: Search Recommend this action when it is easy search for Creative Commons (CC) or public domain replacements. Ones open search engines that Open.Michigan staff uses regularly is CC Search http://search.creativecommons.org/, which searches CC- licensed media on Wikimedia Commons (the media from Wikipedia), Flickr, and Google Images. http://search.creativecommons.org/ For more options see https://open.umich.edu/wiki/Open_Content_Search https://open.umich.edu/wiki/Open_Content_Search

34. 5. Assess and Clear Replace: Create Recommend this action when the dScribe has enough skill to create another content object with a different expression but the same meaning as the original object.

35. 5. Assess and Clear Remove & Annotate Recommend this action when a content object is too difficult to replace or it is unnecessary. If the object is useful, then the dScribe adds an annotation which will lead the learner back to the copyrighted original, either by URL or bibliographic citation for print material.

36. 5. Assess and Clear Permission This option is very rarely used. The dScribe may try to seek permission (where none has already been granted) where the copyright holder is clearly identified. This is option should only be selected when the copyright owner is available (e.g. within your own institution). If you seek permission from publishers or authors elsewhere, you'll likely be waiting for months for a response. It's most often better to replace or remove an object than select this action.

37. 5. Assess and Clear In order to assist dScribes is recommending the appropriate action, the U-M OER team has developed a workflow questionnaire and a casebook.workflow questionnairecasebook N.B. These resources were developed for U.S. law. If dScribes need help in choosing whether to retain, replace, or remove, they can access the workflow questionnaire in OERca by clicking the link "Help me recommend an action" above the Recommend an Action drop down menu.

38. 6. Edit Materials All Open.Michigan materials should have a disclaimer slide and proper citations

39. Author(s): John Doe, MD; Jane Doe, PhD, 2009 License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ We have reviewed this material in accordance with U.S. Copyright Law and have tried to maximize your ability to use, share, and adapt it. The citation key on the following slide provides information about how you may share and adapt this material. Copyright holders of content included in this material should contact open.michigan@umich.edu with any questions, corrections, or clarification regarding the use of content. For more information about how to cite these materials visit http://open.umich.edu/education/about/terms-of-use. Any medical information in this material is intended to inform and educate and is not a tool for self-diagnosis or a replacement for medical evaluation, advice, diagnosis or treatment by a healthcare professional. Please speak to your physician if you have questions about your medical condition. Viewer discretion is advised: Some medical content is graphic and may not be suitable for all viewers. This slide is inserted as the first slide/page of all published materials. Author Medical Disclaimer License Name General Disclaimer License Image License URL (how search engines find CC materials) University Branding Year Contact info

40. Citation Key for more information see: http://open.umich.edu/wiki/CitationPolicy 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. (USC 17 § 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. (USC 17 § 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. (USC 17 § 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. } This slide is inserted as the second slide/page of all published materials. This shows our analysis of the content objects in the material. Knowing this may assist downstream users (especially those in other countries) in how they can and cannot use a particular object within the resource.

41. 6. Edit Materials To cite a CC Licensed object in your edited materials, you use the following: 1.Author 2.Source 3.License Abbreviation (e.g. CC BY) 4.License URL

42. Janeway. Immunobiology : The Immune System in Health and Disease. Current Biology Ltd./Garland Publishing, Inc. 1997 Example

43. “Spinach is Good” Center for Disease Control rejon http://openclipart.org/media/files/rejon/11221 Life Magazine. January 17, 1938 Some commentary about how spinach, an outline of a male, and this cover of Life Magazine from 1938 is related in the context of this course. (Same format for CC Zero tag as the PD-SELF tag) Example If you’re going to claim fair use for an object, it’s advised that there be some context for the object on the slide, such as the text in the middle of this slide.

44. Goody Two Shoes - McLoughlin Bro's (New-York) 1888 Example

45. Jot Powers, Wikimedia Commons (Same format for the other CC licenses and the GFDL.) Example

46. Image of kid next to monster truck removed Example of copyrighted image for which we don’t have permission and cannot claim fair use

47. Works Cited for more information see: http://open.umich.edu/wiki/CitationPolicy Slide 3: Janeway. Immunobiology : The Immune System in Health and Disease. Current Biology Ltd./Garland Publishing, Inc. 1997 Slide 4: Spinach is Good” Center for Disease Control; Life Magazine. January 17, 1938; rejon, http://openclipart.org/media/files/rejon/11221 Slide 5: Goody Two Shoes - McLoughlin Bro's (New-York) 1888 Slide 6: Jot Powers, Wikimedia Commons, http://commons.wikimedia.org/wiki/File:Bounty_hunter_2.JPG, CC: BY-SA 2.0 http://creativecommons.org/licenses/by-sa/2.0/http://commons.wikimedia.org/wiki/File:Bounty_hunter_2.JPGhttp://creativecommons.org/licenses/by-sa/2.0/ The convention: Licensed Content:,., Open Content License Example: John Doe, http://domain.com/path/to/resource.html, CC:BY-SA 3.0, http://creativecommons.org/licenses/by-sa/3.0/http://domain.com/path/to/resource.html http://creativecommons.org/licenses/by-sa/3.0/ Public Domain: Source: ( - ) Source Undetermined Example. It’s best practice to cite your sources both next to object and at the end of the presentation, though either is acceptable.

48. 7. Audit Materials 8. Publish Materials Once the OER is edited, the dScribe hands it over to the Open.Michigan team who reviews it for correct recommended actions and proper licensing and citation. Then the team contacts the content creator for the final review of their materials. Once the creator approves of the finished product, the team publishes and distributes the resource(s).

49. 8. Publish Materials https://open.umich.edu/education

50. 8. Publish Materials dScribe recognition

51. OERca demo https://open.umich.edu/wiki/OERca

52. open.michigan@umich.edu http://open.umich.edu/dScribe Characters made by Ryan Junell Contributing Authors (part of the Open.Michigan Team) Garin Fons Greg Grossmeier Pieter Kleymeer Kathleen Ludewig Omollo