third party materials

Dealing with Legally Incompatible Content in OER

Jane Park, October 12th, 2009

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.

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OER Copyright Survey

Jane Park, August 17th, 2009

If you haven’t already, break up your Monday with the OER Copyright Survey. It only takes ten minutes, and it’s for a good cause—mainly to “gather information regarding the ways in which copyright law plays a role in, and perhaps acts as a barrier to, the practices of those who create or facilitate the production of Open Educational Resources (OER).”

From the survey page,

“Because most content remains “all-rights-reserved” under the traditional rules of copyright, it is often the case that the creators and producers of OER must confront questions as to when and if it is permissible to use content created by others when it is not offered under an open license. For example, an OER creator may want to incorporate a clip from a film into a lesson about film techniques, or an animated video illustrating a biological process into a lesson about that process. However, if the film clip or animation is protected by “all-rights-reserved” copyright, then the OER creator may be unsure how to proceed, or may wish to rely on some exception to copyright law that may apply under such circumstances.

It is our goal to develop a deeper awareness of the degree to which OER practitioners and users grapple with copyright law issues, and whether those issues pose barriers to the creation, dissemination, and reuse of OER. We hope that this initial survey will form the basis of a larger international study led by ccLearn.”

The survey closes on August 31, so fill it out soon!

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