fair use
P2PU launches 3rd round of courses, with “Copyright for Educators”
The Peer 2 Peer University, more commonly known now as P2PU by a growing community of self-learners, educators, journalists, and web developers, launches its third round of courses today, opening sign-ups for “courses dealing in subject areas ranging from Collaborative Lesson Planning to Manifestations of Human Trafficking.”
P2PU is simultaneously launching its School of Webcraft, which is a collaboration with the Mozilla Foundation and “is a powerful new way to learn open, standards based web development in a collaborative environment. School of Webcraft courses include Beginning Python Webservices and HTML5.”
In addition, Creative Commons Counsel Lila Bailey is co-facilitating the Copyright for Educators course this round, which will focus on United States law. The course is “for educators who want to learn about copyright, open content material and licensing” and “is taught around practical case studies faced by teachers when using copyright material in their day to day teaching and educational instruction.” For more information, see the course page.
Sign-ups for all other courses are available at http://p2pu.org/course/list. The deadline to sign up is September 8, and courses will run until October 27th. All courses are free to take and openly licensed under CC BY-SA. For more information, see the full announcement, but stay tuned for more courses!
No Comments »Code of Best Practices in Fair Use for OpenCourseWare
The Center for Social Media at AU has released a Code of Best Practices in Fair Use for OpenCourseWare. From the press release,
“OpenCourseWare, the Web-based publication of academic course content launched in 2002 by the Massachusetts Institute of Technology (MIT) has been lauded for making college-level courses available to anyone anywhere in the world for free. The movement has expanded to include offerings from some of the nation’s most selective universities including the University of Notre Dame and Yale University…
Now, educational organizations have a guide that simplifies the legalities of using copyrighted materials in open courseware—The Code of Best Practices in Fair Use for OpenCourseWare. The code was developed by experts in media and fair use at American University and a committee of practitioners of open courseware from Johns Hopkins Bloomberg School of Public Health, MIT, Tufts University, University of Michigan, University of Notre Dame, and Yale University…
The code aims to help OCW designers at U.S. educational organizations recognize situations to which fair use applies and situations that require they get permission from third-party rights holders.”
The complete code is available via CC BY.
No Comments »Dealing with Legally Incompatible Content in OER
Last month, ccLearn published “Otherwise Open: Managing Incompatible Content in OER“. For those of you who never got around to reading the paper, it basically provides an overview of the problem posed by the incorporation of “all-rights-reserved” materials into otherwise open educational resources (OER). It also explores ways of dealing with this problem and the trade-offs involved in relying on jurisdictional copyright exceptions and limitations, such as fair use or fair dealing. As the paper is intended to spur further inquiry and research globally, “Otherwise Open” does not offer concrete solutions to the problem right now.
However, the average OER creator cannot afford to wait, especially if they value their work as part of a global learning commons. In order for OER to be global, the copyright of the OER must be viable across jurisdictions. OER that are available under a CC license are global, as CC licenses are effective worldwide. But the inclusion of third party content that is not under the same terms of the license changes the global nature of OER, potentially walling it off from use in other countries. Thus, ccLearn has developed some practical recommendations and alternatives for those OER creators who are concerned with the global reach and impact of their works.
ccLearn Recommendations – Dealing with Legally Incompatible Content in OER
“Open Educational Resources (OER) are defined by the use of a Creative Commons license and are generally created by those who would like to share their work globally. However, some creators find the need to consider the costs and benefits of incorporating third-party materials with incompatible licenses into their “otherwise open” OER. This document recommends ways of managing or avoiding the problems that will arise.”
This and all ccLearn Recommendations and productions are licensed CC BY.
No Comments »Clicking “Refresh”: A New Look at Fair Use in the Digital Age
For those of you in the NY area in October, the New York City Bar has a thought provoking panel discussion coming up on fair use in the era of blogging, Twitter, and Facebook. The panel members hail from the U.S. District Court, the Associated Press, and Harvard’s Berkman Center for Internet and Society, to name a few. And in the spirit of this topic, I’m going to quote from the site now,
“This panel discussion will address the ways in which copyright law’s fair use doctrine has evolved (or may be tested) in an era in which the rise of news aggregation, social networking, and a variety of other websites increasingly allow internet users to combine and transform content from endless sources of media. How transformative are on-line montages and mash-ups? Is the aggregation of headlines or content from news providers infringement or fair use? Does posting copyrighted content on a user’s Facebook or Myspace page undermine the market for that content? When does a blogger’s summary of an article appropriate enough content to constitute copyright infringement? Panelists will offer a broad range of perspectives on these an other issues from the bench, bar, media industry, and legal academy.”
The discussion will be held on Wednesday, October 7 at 6pm, so be sure to register (for free) and drop by.
No Comments »OER Copyright Survey now closed
Thanks to all of you who filled out the OER Copyright Survey! The survey is now closed, with many thoughtful responses. Again, we appreciate your responses, among which was an overarching request to have the survey translated. We definitely hope and intend to broaden the survey to more countries and in more languages in the future, and are open to ideas and support. Please contact us if you, an individual you know, or a project/organization you are in touch with is interested in participating in the next stages of research. Participation can be anything from simply responding to the survey in your own language or helping to translate, organize, or analyze the data.
In the meantime, please take advantage of the user group currently active on OpenEd to continue the discussion. Also feel free to review and contribute to the survey notes.
2 Comments »Copyright tools
Last year, I blogged about the Copyright Advisory Network‘s nifty digital copyright slider, a tool that helps you tell whether a work is still copyrighted or whether it’s in the public domain.
Since then, the OITP at ALA (Office for Information Technology Policy of the American Library Association) has developed and published two new tools: the Fair Use Evaluator and the Exceptions for Instructors eTool. From the announcement,
“The Fair Use Evaluator is an online tool that can help users understand how to determine if the use of a protected work is a “fair use.” It helps users collect, organize, and document the information they may need to support a fair use claim, and provides a time-stamped PDF document for the users’ records.”
“The Exceptions for Instructors eTool guides users through the educational exceptions in U.S. copyright law, helping to explain and clarify rights and responsibilities for the performance and display of copyrighted content in traditional, distance and blended educational models.”
In addition to these two new tools, check out the existing Section 108 Spinner, which “help[s] you determine whether or not a particular reproduction is covered by [Section 108] exemption” that “allows libraries & archives, under certain circumstances, to make reproductions of copyrighted materials without the permission of the copyright holder.”
All three tools are licensed CC BY NC-SA.
No Comments »Thursday @ EYEBEAM – Copyright & The Creator: Who Cares What’s Fair?
If you are in New York on Thursday this week, you are invited to a panel I’ve helped organize with our friends at Eyebeam on fair use and creators. I’ll also be moderating the panel and giving a brief primer on fair use:
This Thursday, July 9, 6–8PM at Eyebeam, there will be a panel discussion on fair-use and appropriation within activist and creative practice moderated by Creative Commons product manager and Eyebeam research associate Fred Benenson; artist/curator Mark Tribe, audio-visual remix artist Jonny Wilson (Eclectic Method), Postmasters gallery director Magdalena Sawon, and Eyebeam resident Jon Cohrs.
A sad day for fair use
Last week a U.S. district court judge issued a preliminary injunction against the publication of 60 Years Later: Coming Through the Rye, a book based on the idea of J.D. Salinger’s Holden Caufield character as a 76 year old man. Strong reactions to the ruling have come from many across the legal, literary and technology fields, for example Mike Madison, Jim Brown, and Mike Masnick.
My Media Musings delivers the bottom line, easily understood by all:
Seeing judges ban books is never a good thing. Seeing a judge ban a book for such flimsy reasons as this is downright frightening. If her ruling stands, expect to see a long line of similar suits in the near future.
Of course one way to take an affirmative stance for reasonable copyright (still strongly trending toward increasing unreasonableness, as evinced by the above) is to grant permission in advance for some uses of your work with a CC license or all uses with the CC0 waiver. Another is to support our work financially and spread the word.
10 Comments »Adam Curry wins again!
This post is written and translated by Paul Keller of CC Netherlands, first posted in Dutch on the CC Netherlands blog earlier today. Regarding one of the quotes below, to be clear, note CC licenses do not override fair use.
…
Adam Curry wins again!
by Paul Keller
In 2006 Adam Curry initiated and won the first ever lawsuit centering around the use of a Creative Commons licensed work (English). Back then the Dutch gossip-mag ‘weekend’ had published photos from Curry’s flickr account without asking Curry for permission and the Amsterdam court of first instance decided that this use was explicitly prohibited by the non-commercial condition of the Attribution-NonCommercial-ShareAlike license that Curry uses for his Flickr pictures.
One would assume that other gossip-mags would learn from this and refrain from using photos from Adam’s Flickr stream, but exactly that happened 2 weeks ago when ‘Privé‘ used another picture to illustrate an article without Adam permission. As in the previous case Adam immediately reacted, this time by demanding that the publisher of Privé pay him a compensation for the unauthorized use or he would take them to court. Back then Adam wrote:
Instead of taking them directly to court I added twist this time, and gave them the option of paying 5000 euros directly to the War Child Foundation and my legal costs. Failure to comply by June 2nd and I will take them to court. It’s national news, lead story on the 6:30 news and all that good stuff :)
According to a public response from the magazine’s editor, they will ‘see me in court’ as they believe they have ‘fair use’ rights because of the picture’s ‘news value’. Pretty funny coming from a gossip rag.
While the deadline set by Curry passed without an official reaction from Privé it turns out that the defiant reaction form the magazines editor was not worth the paper it was printed on. Today Adam received a mail from from his lawyers indicating that Privé has settled along the terms provided by Curry in order to avoid the court hearing that was scheduled for the 23rd of June [translation from Dutch original by Creative Commons Netherlands]:
Dear Adam,
the conflict between Telegraaf Tijdschriften Groep (“TTG”), the publishers of among others Privé and yourself has been settled in your favor.TTG wil pay you an amount of compensation and TTG has signed a declaration (backed up by a penalty) that in the future they will no more infringe on copyrights held by Adam Curry in photos published by him on www.flickr.com. You will donate the compensation received to Warchild and STOP AIDS NOW!.
Given the above, the court hearing scheduled for the 23rd of july will not take place.
Creative Commons congratulates Adam Curry with this victory that once again illustrates that when necessary the Creative Commons licenses offer enough legal protection against unauthorized used of the licensed works. Thanks again Adam!
3 Comments »EFF Teaches Copyright, without an agenda
When it comes to copyright, our youth are too often bombarded with extremes. The entertainment industry giants propagate a skewed perspective by launching anti-copying educational programs, leaving out much of the balanced information necessary to cultivating user’s awareness about her real rights to a resource. This results in students thinking that they can react in only one of two ways: by breaking the law in the face of overbearing restrictions, or by doing absolutely nothing at all with copyrighted works, effectively stifling the learning that comes of creatively engaging with them.
The Electronic Frontier Foundation recognized this problem and went to work on a copyright curriculum that would not only be fair and balanced in perspective, but comprehensive in its scope by encouraging discussion and self-education. From the press release,
“Kids are bombarded with messages that using new technology is illegal… Instead of approaching the issues from a position of fear, Teaching Copyright encourages inquiry and greater understanding. This is a balanced curriculum, asking students to think about their role in the online world and to make informed choices about their behavior.”
ccLearn has taken a look at Teaching Copyright and we commend it. The curriculum is created and vetted by lawyers and promotes a balanced teaching perspective, clearing up much of the misinformation that is current industry propaganda. Like EFF Staff Attorney Corynne McSherry says, “Today’s tech-savvy teens will grow into the artists and innovators of tomorrow.” We need to help them “understand their digital rights and responsibilities in order to create, critique, and comment on their culture. This curriculum fills an educational void, introducing critical questions of digital citizenship into the classroom without misinformation that scares kids from expressing themselves in the modern world.”
The entire curriculum and accompanying resources on the Teaching Copyright website are licensed CC BY, which appropriately encourages students, teachers, and anyone else to adapt it to various educational needs and contexts.
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