When we published Open Doors and Open Minds, we promised a companion piece that discusses in detail some of the legal considerations that university administrators and university general counsels may wish to consider in adopting a public access policy. I’m happy to say that this is now available. This excellent companion piece, providing a thorough overview and careful analysis of legal issues related to public access policies, is written by Simon Frankel and Shannon Nestor, who are lawyers at Covington & Burling, a prominent Washington D.C. law firm. It is available in the Reading Room. I wish to thank them for their contribution of this wonderful resource for public access champions, and we look forward to distributing this widely.Comments Off
Lewis Hyde has been writing about the commons for over thirty years. His first book, The Gift (1983), is regarded as the modern classic on Creativity and the Artist in the Modern World–the 25th anniversary edition’s subtitle. His new book, Common as Air, directly addresses the cultural commons, and could hardly be more relevant to understanding at a deep level the work of Creative Commons.Poet and scholar
I’ve taken this opportunity to ask the author a series of long-winded questions about the commons. Many thanks to Lewis Hyde for his forbearance in answering, and for the great inspiration he has given to many who support Creative Commons, and the commons writ large!
Your first book, The Gift, evinces great concern for the cultural commons, in some cases (e.g., commentary on science) very explicitly in language recognizable to current movements that share such concerns. You were probably writing The Gift at about the same time Richard Stallman was becoming what we’d now recognize as a free software activist. Having been a Berkman fellow for a number of years and writing about free software, Creative Commons, and related movements in Common as Air, you’ve obviously been aware of these movements for some time. When and how did your path first cross with one of these movements?
My book is dedicated to my late father, by profession a physicist with a specialty in optics. As the dedication says, it was he who first told me about “Dollond’s case,” an eighteenth-century patent dispute involving telescope lenses in which Lord Mansfield ruled that ownership of an idea belonged not to the person who kept his invention secret but to the person “who brought it forth for the benefit of mankind.”
The point being: for a long time I’ve been aware of the commons narrative in regard to ideas and for a long time I’ve thought of something as old as patent law as being among the methods we’ve devised for moving potentially private knowledge into the public sphere.
As for the more specific modern innovations in this line, I had a vague awareness for a long time but the fight over copyright term extension in the mid 1990s managed to focus my attention. I wrote an essay–“Created Commons”–arguing against such extension; I was co-signatory to one of the amicus briefs in the Supreme Court case, Eldred v. Ashcroft; and I was present on the day that Lessig argued for Eldred before the Court. I consequently watched with attention and admiration as Creative Commons came to life in the years following.
One sentence in particular in The Gift presages current free software and free culture practice: “A gift community puts certain constraints on its members, yes, but these constraints assure the freedom of the gift” (p 107). This sounds exactly like the copyleft mechanism of the GNU GPL–the requirement that an adaptation be distributed under terms offering the public the same freedoms offered by the source work. In Common as Air you argue that copyleft would be better described as copyduty, reflecting that rights come with responsibilities. Two questions concerning this. First, the GPL is often described as a key innovation in the history of free software–clearly it is, but I wonder if its typical description doesn’t seem a bit taken out of history, not cognizant of antecedents in gift cultures nor of the likelihood the precise mechanism would have been invented in a similar time frame had Stallman never become a free software activist? Second, the copyleft mechanism is known as ShareAlike in the Creative Commons license suite–how do you think this terminology comports with your explanation of copyduty?
It is surely the case that the GPL has antecedents in gift cultures. As I explain in The Gift, one old ethic asks that gifts be “kept in motion”; they ought to be passed along in the same spirit with which they were received. Put another way, in a gift culture one is not supposed to capitalize on the generosity of others or of the community.
That said, such ethics belong to custom rather than law; the wit of the GPL was to give legal footing to the gift ethic of the software community. As for antecedents in that line, I note in Common as Air that I found one other example of a gift norm that got grounded in law: Pete Seeger and his friends secured the copyright on “We Shall Overcome,” then set up a trusteeship to donate the money earned to support “African-American music in the South.” That trusteeship has a “claim and release” structure not unlike the one built into the later GPL.
As for links between the Creative Commons license suite and my sense of copyduty, I’m not sure these need be limited to the “Share Alike” option. Many are the duties that arise from a person’s sense of both self and community. One might, for example, feel a duty to contribute to the public domain with no strings attached, in which case “copyduty” would be best expressed by the CC0 tool. That was Benjamin Franklin preferred mode, by the way. He believed that any claim to own his ideas and inventions could only lead to the kind of disputes that “sour one’s Temper and disturb one’s Quiet.” He never took a patent or registered a copyright.
Each of your three prose books concern keeping various aspects of society “lively”, through the circulation of gifts, transgressive art (Trickster Makes This World, 1997), and the cultural commons. Furthermore, the mechanisms required to maintain liveliness change with the overall environment (e.g., The Gift’s portrayal of usury as vice within a tribe, necessity for commerce with strangers) and can have the effect of changing or destroying a settled order (as primarily told through myth in Trickster). I don’t get a sense from Common as Air of the trajectory of the cultural commons in these dimensions–something to feel loss over (such as perhaps close knit tribal groups and pre-enclosure land commons) but never to be dominant again or something ascendant, and if the latter, something that will be digested by the current cultural order, or something that will replace the current order?
The question calls for a bit of soothsaying or prophecy and that makes me think of a remark of Foucault’s cited at the end of Trickster: “I’m no prophet. My job is making windows where there were once walls.” Are the cultural commons doomed to enclosure, or will they thrive and therefore alter (or replace) the current landscape? Hard to say! What I’ve tried to do in the book is describe, as clearly as I can, the cultural tensions we now live with, believing that clarity is the precondition of action, however action itself eventually plays out.
That said, for a thoughtful survey of how the commons, cultural and otherwise, might thrive inside of, or along with, with current conditions I recommend Peter Barnes’s book, Capitalism 3.0: A Guide to Reclaiming the Commons. One of Barnes’s points is that our debates about the future often imagine only two actors: the government and private business. Barnes suggests a third set, common property trusts (as, for example, the kind of land trusts devised by the Nature Conservancy). There is much to say about common property trusts but for now the point is simply that we already have a mix of cultural modes and should continue to have them going forward with, I hope, the commons recognized and strengthened.
You emphasize in Common as Air that maintaining a commons requires regular “beating of bounds”–for pre-enclosure land commons this involved destroying private encroachments such as fences and cultivation, often with a merry-making and somewhat extralegal components. Preserving the cultural commons necessarily takes a different kind of bounds beating–proprietary bits can’t be “destroyed”, nor must they (patents on math, genes, and other discovered as opposed to invented things, which you dub the third enclosure, might be an exception, as they do fence off areas from the commons). I can imagine at least three different cultural commons bounds beating activities: (1) Building up and expanding the bounds of the cultural commons, sometimes (perhaps increasingly) out-competing proprietary culture (Wikipedia and free software running the internet infrastructure being the obvious examples). This is obviously the strategy of Creative Commons, the free software movement, and similar–and a truly wonderful thing in that it relies entirely on construction rather than destruction. (2) Pushing back when the commons is threatened, e.g., fighting diminution of fair use and other exceptions and limitations, something which groups like the EFF do with some success. (3) Pretending to ignore the current order altogether (except when thumbing one’s nose at it), i.e., unauthorized sharing, especially the self-conscious pirate movement. I am a little surprised Common as Air does not address the third, given it is the clearly extralegal and putatively destructive option–at least superficially most like beating the bounds of a land commons. Surprised but not upset–I suspect that unauthorized use competes with building of voluntary commons, serving as a marketing and price discrimination mechanism for proprietary culture. What is your take on each of these three as bounds beating for preserving the cultural commons, and are there others I’m missing?
You offer a good summary of ways to enlarge and protect a cultural commons. I don’t have much to add except to expand on your third category a bit. It isn’t entirely true that Common as Air avoids addressing the piracy / unauthorized use option. After all, there’s a whole chapter called “Benjamin Franklin, Founding Pirate”! When Franklin ran away from his Boston printing apprenticeship, he broke the law and, in a sense, “stole” the craft knowledge that his brother had been passing on. More to the point, when Franklin was stationed in France after the Revolution, he encouraged British artisans to ignore their country’s anti-emigration laws and bring both machinery and know-how to America–clear acts of piracy from the British point of view.
Elsewhere in the book I discuss the fact that, in the eighteenth-century, Scottish “piracy” of books that London booksellers thought they owned outright triggered the legal battles that arose around the first copyright laws. It took about fifty years to sort that out at the end of which it became clear that the Scottish booksellers were not pirates at all; the London booksellers, rather, were monopolists hoping to fence off the public domain. Here as elsewhere the charge of “piracy” was in fact a harbinger of an enlarging commons.
In Trickster (p. 130) you say that among ways of acquiring things (make, buy, receive, steal, find) the last is the odd one out, for only it is accidental. However, for anyone who lives much of their life on the net, “acquisition” of intangible goods through “finding” is natural, intentional, and perhaps even dominant. In both Trickster and Common as Air (p. 202) you tell the story of a baby Krishna–“who when asked by his mother if he has stolen butter from the pantry, answers with a question of his own: ‘How could I steal? Doesn’t everything in the house belong to us?'” It strikes me that so-called digital natives, culture, and the net are akin to the baby Krisha, butter in the pantry, and the Krishna household, respectively–“How could finding and using any culture on the net be stealing? Doesn’t all culture belong to us in common?” It seems that to the extent there is a vibrant voluntary cultural commons to draw from, the tension between “finding” and “stealing” is obviated. Further, I wonder if “finding” is not the means by which “receiving” scales–gift-giving and -receiving via mechanisms like Creative Commons licenses tend to happen asynchronously, globally, and often with no further relationship between the parties–all in contrast with traditional gift cultures. Thoughts on the sanity (or perhaps mere inanity) of these extrapolations?
You touch on what I think of as the link between the book on gift exchange to the one on trickster figures: the Greek word hermaion means “a gift of Hermes” and is usually translated as “lucky find” or “windfall.” It is the gift that comes out of nowhere; it is an odd sort of gift, then, carrying with it none of the social obligations often associated with gift exchange.
There is a hidden problem in the gift book: much gift exchange takes place is communities with a strong sense of in-group and out-group. Gift giving may be a wonderful thing, but what if you happen to be in the out-group? What if all the scientists are men and they don’t share their data with the women? In the Greek stories, Hermes is potentially in the out-group (an illegitimate child, etc.) and he begins his relationship to the gods by stealing Apollo’s cattle (pirate!).
Well, there’s much to say about all of this–it’s all in those two books. Here let me just say that digital copying and the internet have created a kind of neo-Hermetic space in which many things “happen” outside of any domesticating or ethicizing container. The rules are not clear. Then we get these polar camps: amateur anarchists on the one side, who happily believe we need no rules, and old guard “intellectual property” purists madly trying to enforce and sharpen the rules that worked so well back in 1965. What Creative Commons and others are doing is trying to enlarge the middle ground.
The basic trope–or mischief, as you put it–of Common as Air is a comparative study, a method far too little used, in particular with respect to copyright. Your points of comparison (among many others possible: you mention “children in China”, and “during the Protestant Reformation” as examples) are the 1700s, primarily in the core areas of the United States and colonies that formed it, and current claims about cultural ownership. The critique of current copyright that falls out of such a comparison will be familiar to many readers involved with Creative Commons. However, you tell another story as well concerning changing attitudes not just about cultural ownership, but about culture, and public life in general, across the 1700s and 1800s–could you say a bit about that arc, and perhaps what current cultivators of the cultural commons might learn from it?
The main thing I might add, not fully rehearsed in the book, is the point that Neil Netanel makes in a Yale Law Journal essay, “Copyright and a Democratic Civil Society.” Put simply, in the eighteenth century, at least, if you wanted a civil society that could stand free of the government, the aristocracy, and the church, then you would welcome the rise of an “intellectual property” market. Independent authors, publishing houses, newspapers: all these appear as a print market arises. And right now, of course, we see many of them struggling as that market is undermined.
The Washington Post just published a fine account of the pervasive post-9/11 secret intelligence establishment: who will have the money (and therefore the time and resources) to do that kind of journalism if newspapers like the Post can find no business model fitted to the digital future? Here again we need more thoughtful work in the thinly populated space between the amateur anarchists and the old guard IP purists.
I should leave well enough alone, as you earlier answered that Creative Commons and others are trying to enlarge the (thinly populated as yet) middle ground. That is positioning we like. However, (1) I had in mind another shift occurring across the 1700s and 1800s–very coarsely, from the conception of great people as building on the work of others, with concomitant responsibility to society at large, to the conception of great people as singletons, with no responsibility but self-aggrandizement. In Common as Air you wonderfully note this shift in the changing public narrative about Ben Franklin during and after his life. (2) Does not your answer “money (and therefore the time and resources)” privilege the default argument of “old guard IP purists”? Though business and money are crucial, time and resources may flow from non-pecuniary sources–“cognitive surplus” is a newfangled term for one such source; you’ve described many others. Learning how to fully leverage such sources may be just as important to society as new “business models”–and would seem to be a major determinant of how big of a role the cultural commons has to play in this world. To wrap up, I wonder if you have thoughts on any causal relationships in either direction between popular conceptions of how innovation occurs (by accumulation of knowledge and widespread collaboration, or singularly great and self-aggrandizing individuals) and how innovation is pursued (with or without sharing) and the implications of such?
You are right that I answered in terms of “money” and “business” and you offer one of the useful ways to widen my response–to include all the non-monetary ways to tap time and resources.
I am obviously someone who cares about gift-exchange and sharing in the creation of knowledge and culture but I am also a bit of a contrarian and thus find that sometimes I want to underline the complications that necessarily arise around gift-exchange in our current situation.
In Common as Air I devote some space to the publicly financed part of the human genome project. It makes a good example of an enterprise undertaken in a non-commercial spirit. At the same time, in the background one needs to recognize that funding came from the public purse (in the U.S.) and private philanthropy (the Wellcome Trust in England). Behind each of these lies “money” and “business” (a pharmaceutical empire behind Wellcome, for example).
That said, the Internet has produced modes of production we could not have imagined 25 years ago. Yochai Benkler seems to me to be doing some of the best work on tracking these and suggesting future possibilities. We should keep ourselves open to surprise.1 Comment »
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!Comments Off
Last year, we were thrilled to have Shepard Fairey craft a beautiful new design for our campaign T-shirt. Knowing they’d be a hot commodity, we kept a limited number of the shirts and are now making them available in our online store until they sell out. If you didn’t grab one of these beauties last fall, now is your chance!
The t-shirts are available for $25, a very affordable way to show your support for Creative Commons and look good doing it! Men’s sizes (S-XXL) available in black and women’s sizes (S-M) available in gray. Hurry over to the CC store and get yours today.Comments Off
At the beginning of this year we announced a revised approach to our education plans, focusing our activities to support of the Open Educational Resources (OER) movement. In order to do so we have worked hard to increase the amount of information available on our own site – in addition to an Education landing page and the OER portal explaining Creative Commons’ role as legal and technical infrastructure supporting OER, we have been conducting a series of interviews to help clarify some of the challenges and opportunities of OER in today’s education landscape.
One major venue for the advancement of OER is through policy change at the local, state, federal, and international levels. DeLaina Tonks is the Director of the Open High School of Utah (OHSU). The Open High School of Utah is “an online charter high school that is 100% committed to the use of open educational resources,” and the curriculum is fully aligned with the Utah State Core Curriculum. We talked with DeLaina about how OER can help customize student instruction, OHSU’s innovative and collaborative approach to teacher training and professional development, and the ongoing awareness, logistics, and incentive structures that are needed for OER production and sharing to increase. The Open High School of Utah begins its second year of operation today.
Can you briefly describe the history of the Open High School of Utah, and how the school’s mission relates to the mission of open education?
The Open High School of Utah was founded by Dr. David Wiley and approved for charter by the Utah State Office of Education in 2007. OHSU completed its inaugural year with 125 9th grade students, and on August 23rd, 2010, we will add 125 10th graders for the 2010-2011 school year. By 2013 OHSU will offer 9th-12th grade courses to potentially 1500 students.
The Open High School of Utah is putting the focus where it should be – on the student. Our mission is to facilitate lifelong success by meeting the needs of the 21st century learner through individualized, student-centered instruction, innovative technology, service learning, and personal responsibility. OHSU is a public charter school designed to meet the needs of the 21st century student. As an online school, we combine state of the art curriculum with strategic one-on-one instruction. Our methods can be described as “one-on-one tutoring for every student in every subject”. Instruction is individualized allowing students to work at their pace. Our delivery of education is structured to provide maximum flexibility that is student-centered; responsive to the needs of each learner, eliminating the negative aspects of a one-size-fits-all system. Our technology sets us apart. It is data-driven, providing real time information that instantaneously tracks the student and their performance. Unique to OHSU is our commitment to share the curriculum we have developed as an open educational resource. All of these elements combined make the Open High School of Utah the future of education. We are the face of innovation.
The objective behind creating open content is to create free and simple access to knowledge and information through collaboration and innovation. The OHSU mission dovetails nicely with that of open education because we are among the first, if not the first, secondary school to create our own OER curriculum and share it worldwide. We are thrilled that there are already multiple international groups eagerly awaiting the release of our first batch of courses on August 25, 2010, most notably CORE China Open Resources for Education.
OHSU champions individualized instruction for its students, using technology and data-driven, realtime assessment tools. And, the OHSU curriculum content is comprised of Open Educational Resources. What are the efficiencies and pedagogical advantages of using OER within this system? Can you give a specific example of how a teacher will utilize an OER to build a lesson for a student, and how technology tools can return data to see if the student is hitting the learning benchmarks for that particular lesson?
The simple fact that our curriculum is housed online in such a data-rich environment provides us with invaluable, real-time information that allows us to best meet learner needs. Students who are fairly impatient digital natives, growing up in the video-game era of instant gratification don’t have the patience to wait for a week, or even three days, to have an assessment graded and returned. In a bricks and mortar setting the work flow might look something like this: Day One: the teacher makes copies of the test, pass it out, the students take it during their 50-90 minute class, and turn it in. Day Two: the teacher grades the tests and enters them into a gradebook (electronic or hardcopy). Day Three: the teacher hands tests back to the students when they come to class.
The virtual arena presents a much more efficient model: Day One: Students work through online activities, take the assessment, portions are computer-graded giving almost instantaneous real-time scores, others are quickly hand-graded for balance and the student is notified of their complete grade in a very short timeframe. Instant feedback enhances performance.
Pedagogically, OER makes it possible to customize instruction. Special education is an area where OER and technology are critical to the success of our students. We have the ability to create mp3 files of our OER text so that aural learners or students with reading disabilities have an alternate way to receive the information. The use of open resources also makes it possible to very easily modify the curriculum to meet student needs. One of our ninth grade students reads at a third grade level, so our special education teacher reworks the existing higher-level curriculum so that her student can understand it better.
All of our curriculum is standards-aligned, down to a granular level of test questions and lessons. The real-time data allows teachers to look at the collective test results broken down by question to see which ones are missed most often. Teachers are trained to then assess the test question itself. Is it confusing? Can it be clarified? If the test question is valid, the teacher can quickly find the content where that particular standard was taught. Is the content confusing? Can additional clarifying information be added? Is another practice activity warranted to make sure students understand the concept? Within 30 minutes the teacher will have improved the curriculum by first using data to target weaknesses in the open content, and by then finding or creating additional resources to assist in boosting student comprehension, retention and ultimately understanding.
Teachers also look at individual scores and pinpoint where each student could use some additional instruction. If it becomes obvious that a certain student is struggling with factoring, which is in turn affecting their overall math grade, the teacher will videoconference and provide one-on-one tutoring. Teachers also create personalized screencasts/videos that the student can have access to view as many times as is necessary to master the area of weakness. On the next assessment, the teacher can compare scores for questions tied to factoring and see if there has been improvement. Having this type of data at their fingertips, coupled with adaptable open educational resources equals meeting individual learner needs.
The OHSU curriculum is aligned with Utah state standards “to ensure the highest quality educational experience.” This is an important consideration for the growth of open education, because if OER does not align with standards, it will most likely be used less. Utah will be adopting the Common Core State Standards. What are the challenges to implementing content standards and aligning OER with these standards?
These are the instructions our curriculum writers are given prior to gathering, organizing and creating open educational resources:
- The Open High School of Utah curriculum is 1) standards-based and 2) built from OER.
- Each course is based on the Utah State Core Standards which are the foundation that the content is built upon. Courses are organized into 18 weeks, which each week addressing specific objectives. When building a course, lesson content is built, aligned to the standards, from available OER or self-created materials. OER versions of OHSU courses will be released to the public and must be built on content that conforms to OER guidelines.
- Objectives should be assigned to each unit, folder, content page, assignment, assessment, and individual questions. By doing this, we will be able to have accurate data to evaluate the effectiveness of instruction and course materials, allowing us to adapt, evolve and improve the curriculum over time.
We have discovered that the most effective way to ensure standards alignment is to use them as the organizing principle or framework for the course. Teachers can then gather existing OER materials, organize them accordingly and fill in any gaps with teacher created materials. The greatest challenge our curriculum writers face is wading through the available OER and determining which content to use in order to create a cohesive course.
OHSU is committed to sharing the curriculum and resources it’s developed, to be usable by anyone at anytime. The first round of course materials will be published in August 2010. Is there a specific open content license that the materials will be offered under? What sorts of considerations were taken into account when deciding on a content license for the OHSU OER materials?
Course materials produced by the Open High School of Utah are licensed under a Creative Commons Attribution 3.0 License. Open educational resources produced by other individuals or organizations that are embedded in Open High School of Utah course materials may be licensed under a different open license, so we notify potential users to please confirm the license status of any third-party resources before revising or remixing them.
We are thrilled that Creative Commons exists and provides a way to license content outside of a one-size-fits-all copyright system. CC licenses are adaptable to any particular situation, especially important for the Open High School of Utah since we gather content from so many different sources prior to arranging and compiling it as our own. A major consideration in choosing to CC license our curriculum is that our philosophies on sharing and collaboration are so closely intertwined.
Many teachers receive confusing information about whether they are able to share the educational resources they create. A Utah Administrative Rule clarifies that teachers are allowed to share curriculum materials under open licenses, specifically Creative Commons licenses. Can this rule be used as a model for other states, and what do you think are some of the biggest misconceptions when it comes to teachers sharing curriculum content?
Conceptually this appears to be a good administrative rule to have in place, and could be a step in the right direction. The practical application is more difficult to implement, however. On a granular level the challenges become several fold:
- Awareness: educating superintendents, administrators and faculty on the intricacies of when and how to use the Creative Commons licenses
- Logistics: creating a repository or streamlined method of cataloging, and distributing OER content once it is CC licensed, otherwise multiple filing cabinets and hard drives contain countless licensable lesson plans that never see the light of day
- Motivation: cultivating intrinsic motivation for teachers to share their resources with fellow teachers outside of their department, school, and district
As a teacher, I was continually told to be very careful with regard to copyright laws, that whatever I produced as a teacher actually belonged to the school since it was being created with taxpayer dollars, and that I was allowed to distribute within the department but not throughout the school or district. This type of territorial behavior in our schools is counterproductive to what schools should be doing; educating children, not fighting over fiefdoms. Time will tell if the Utah Administrative Rule has the type of impact I would hope it could have, were it followed by every educator in the state.
Obviously, the faculty at OHSU are familiar with creating and sharing OER. What professional development or training do OHSU faculty go through to learn best practices for use of OER? In your opinion, what are the major hurdles teachers outside of OHSU face in incorporating OER in their teaching?
At the Open High School of Utah, we are continuously focused on improving the process for creating our OER content as evidenced by these three phases–
Advance Preparation and Teacher Expectations: We started out hiring subject matter experts and instructional designers to build curriculum for OHSU, and throughout the process determined that a critical element was missing; that of teacher input and guidance. We invest a lot of time and effort in auditioning teachers to create curriculum for us, and have instituted an extensive process to ensure that we have the very best fit available. We post the position, gather resumes, and invite teachers to progress to the second phase of the interview process which consists of building a lesson for us from open educational resources. We supply them with two pages of resources and websites, give them a week and see what they can come up with. Those who are unwilling to put in the time and effort self-terminate from the eligible pool of applicants and we end up with 5-6 terrific lesson plans to choose from. At that point we interview the top three, based on answers to written questions and the lesson plan itself. The process is very open and transparent because we essentially ask them to prove that they can create OER lessons by doing just that. We then hire the teacher who possesses a personality that translates well in the online arena, who has proven that he/she is capable of OER lesson creation, and is dedicated to supporting the vision and mission of the Open High School of Utah.
New Teacher Training: Once a teacher is officially hired to create content for the Open High School of Utah, we provide an intensive two-day training on curriculum design, OER, tech tips and tools and answer any questions they may have. There is a great deal of unplanned collaboration that comes out of this training and it allows teachers to get to know each other and feel comfortable sharing ideas.
Ongoing Professional Development: In addition, we provide ongoing support from our curriculum director, who combs through every page created to ensure consistency in design and formatting, appropriate use of OER, and alignment to state standards. The curriculum director serves as an invaluable resource to guide our teachers through the OER creation process. At every faculty meeting we highlight the work of one or two teachers as they take us on a walkthrough of their virtual course. They share new resources, technology they have incorporated, and anecdotal experiences of how students are reacting to the course material. In addition, each teacher is enrolled as a student in every other teacher’s course so they can view the curriculum on their own and gain insights and ideas to incorporate into their own classes. In this online setting, the openness and transparency of viewing everyone’s curriculum creates a collaborative setting so the collective result is better than anything an individual teacher can come up with on his/her own. The old adage, “A rising tide lifts all boats” holds true for the faculty of the Open High School of Utah.
Outside of the Open High School of Utah, especially in the virtual setting, much of the curriculum is designed by corporations and delivered part and parcel to the students with little to no input from the teachers. A textbook publisher in Texas is designing curriculum for students in Indiana, and the people closest to their students, the teachers, have very little local control to customize the curriculum to meet the needs of their learners. That said, in a brick and mortar setting, good teachers find or create supplemental content on a regular basis, but are either unaware that they are able to license their work, or don’t have a common repository in which to share their work outside of their department.
How do you see the role of Creative Commons within the OER movement? How can CC help?
The mission of Creative Commons, to increase sharing and improve collaboration, is powerful for all of the right reasons. It hearkens back to the things we learned in Kindergarten about sharing and playing nice with others. The best part about Creative Commons is the breadth of licensing options available to educators in all arenas, and how nicely they dovetail with open-source curriculum, giving us the ability to select the license that best fits our needs. The challenge becomes increasing awareness, helping educators to understand how best to use Creative Commons and why it is important, and providing a forum in which to publish. The Open High School of Utah is doing its part by releasing several courses at the end of this month, all appropriately CC licensed, of course, which will draw attention to the merits of Creative Commons licensing. Keep up the good work!
Wrapping up, what does a successful teaching and learning environment implementing the power of OER “look like”? Do you have any lingering thoughts — worries, hopes, predictions?
This is perhaps the most exciting aspect of the Open High School of Utah! Every student’s educational experience can be customized to best fit their needs, turning the one-size-fits-all, teach-to-the-middle education system on its head. For example, at OHSU if a student is struggling with factoring, the teacher creates an additional, personalized screencast highlighting specifically where the student is going wrong, complete with suggestions and examples on how to fix the problem. The online delivery allows the curriculum to be housed in the cloud, freeing up teacher hours to work with students in a one-on-one setting, giving them what they need, when they need it, so they can move on. This teaching model coupled with the use of OER can produce amazing results that will hopefully reignite the passion for learning that we all possessed in Kindergarten.1 Comment »
SoundCloud has long been a preeminent destination for creators looking to share and distribute music and audio online. From the beginning SoundCloud has supported CC-licensing options – today they launched a slew of new features that bolster this integration broadly, with a particular impact on those looking for CC-licensed music.
Advanced search options, a CC portal, increased visibility for license choice, and a CC-licensed remix contest are just a few of the new features SoundCloud debuted today. We even got in to the act, posting loops from the Into Infinity project and setting up a DropBox to hear what kind of fantastic CC-licensed tunes SoundCloud users have been posting.
To help frame this update we caught up with SoundCloud-er Parker Higgins – read on to learn about SoundCloud’s history, the power of their new feature set, and plans for the future.
Let’s start by getting some background on Soundcloud – when and why did SoundCloud start? What hole was there in the online music distribution field that needed filling?
SoundCloud was founded in 2007, mostly as a response to the problem of moving around large music files. At the time, the options for sending around audio files, which can be uncompressed and very large, were a combination of e-mailing and large file transmission sites, or clunky FTPs. To make it worse, there weren’t any really elegant solutions for public distribution either. Musicians have a need to send around audio all the time: privately, like between band members or with producers or A&R guys, and publicly, when trying to give fans access to your tracks. This was the problem SoundCloud stepped in to solve.
In the meantime, a lot of very cool things has shaped its development. As the site has become more popular, we’ve added more social features and people have really started to see it as a community. We’ve also branched out more into embracing all sorts of audio, and not just music. SoundCloud is still the best way to move your music around, but it’s also become a thriving place for musicians, field recorders, comedians, sample makers, listeners, and everybody else to find and share audio creations.
What kind of people and organizations are using SoundCloud to distribute music? Anyone of particular note? Is it mostly creators that use SC or are there also music consumers using SC as a platform to find new artists?
We consider SoundCloud to be about the music and audio creators, and as we work on new features and fixes, it’s with them in mind. Of course, music is an ecosystem, and listeners like to go where the creators are. It’s also important that by making it easier for music creators to use the site, we’re lowering the barriers of entry to become a music creator, and helping to empower traditional music consumers to become creators.
It’s gotten so easy for “non-musicians” to use GarageBand, Audacity, or any number of instrument applications on computers, phones, and tablets to actually create something. And with SoundCloud, it can be even easier to share those creations.
Creative Commons Australia is putting their annual conference on wheels. Previously, the national meet-ups were held at the project’s home base in Brisbane. Now the team is hitting the road and taking the event to cities across the country.
Each CC Roadshow is designed for those interested in finding out about CC for the first time, looking for an update on recent developments, the Australian Version 3.0 licenses, or just wanting to know how CC is being used by people in their local area.
Six cities are already mapped on the itinerary, and the team wants to involve as many members of the local community as possible. CC champions across the country are sought to develop the program. If you are a musician, filmmaker, policy maker, photographer, educator, lecturer, librarian or anyone else for that matter, and you’re using Creative Commons, CC Australia wants to hear from you.
This is a great initiative, and we can’t wait to follow the show from Perth to Hobart — no doubt encountering plenty of inspiring people, engaging discussions, and Big Things along the way!
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Fotopedia, in collaboration with the UNESCO World Heritage Center, has created a breathtaking new application for the iPhone and iPad. The app builds on the concept of a coffee table book, updating and enhancing the browsing experience for the web.
UNESCO World Heritage “seeks to encourage the identification, protection and preservation of cultural and natural heritage around the world considered to be of outstanding value to humanity.” With 911 properties, UNESCO has identified 890 heritage sites around the world. Now for the first time, you can access these sites as one comprehensive collection via the Fotopedia Heritage project.
This project would not be possible without Creative Commons, as over 18,000 of the pictures in Fotopedia Heritage book are under one of the CC licenses. The pictures come from all around the world; as individual photographers and organizations license their high quality photos under Creative Commons, the book will only grow as a community contributed and shareable resource.
Jean-Marie Hullot, CEO of Fotopedia, writes, “I believe it is a terrific showcase for what Creative Commons enable[s]. The biggest photo book ever… growing everyday with only high quality and 100% relevant pictures due to our community-based curation process.” From the announcement:
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Fotopedia Heritage is a new way to experience Fotopedia, the first collaborative photo encyclopedia. The team led by Jean-Marie Hullot (former CTO of NeXT and Apple’s application division) built the application while the Fotopedia community added and curated the photos thus ensuring high relevance and quality.
Explore our heritage deeper and deeper navigating carefully chosen tags, learn more about each place reading rich descriptions from UNESCO and Wikipedia and browse an interactive map, localize precisely each site. And if you are planning a trip, you will be just one click away from TripAdvisor travel information for the World Heritage Sites you are interested in.
Almost 1½ years have passed since we launched CC0 v1.0, our public domain waiver that allows rights holders to place a work as nearly as possible into the public domain, worldwide, prior to the expiration of copyright. CC0 has proven a valuable tool for governments, scientists, data providers, providers of bibliographic data, and many others throughout world. At the time we published CC0, we made note of a second public domain tool under development — a tool that would make it easy for people to tag and find content already in the public domain.
We are publishing today for comment our new Public Domain Mark, a tool that allows works already in the public domain to be marked and tagged in a way that clearly communicates the work’s PD status, and allows it to be easily discoverable. The PDM is not a legal instrument like CC0 or our licenses — it can only be used to label a work with information about its public domain copyright status, not change a work’s current status under copyright. However, just like CC0 and our licenses, PDM has a metadata-supported deed and is machine readable, allowing works tagged with PDM to be findable on the Internet. (Please note that the example used on the sample deed is purely hypothetical at the moment.)
We are also releasing for public comment general purpose norms — voluntary guidelines or “pleases” that providers and curators of PD materials may request be followed when a PD work they have marked is thereafter used by others. Our PDM deed as well as an upcoming enhanced CC0 deed will support norms in addition to citation metadata, which will allow a user to easily cite the author or provider of the work through copy-paste HTML.
The public comment period will close on Wednesday, August 18th. Why so short? For starters, PDM is not a legal tool in the same sense our licenses and CC0 are legally operative — no legal rights are being surrendered or affected, and there is no accompanying legal code to finesse. Just as importantly, however, we believe that having the mark used soon rather than later will allow early adopters to provide us with invaluable feedback on actual implementations, which will allow us to improve the marking tool in the future.
The primary venue for submitting comments and discussing the tool is the cc-licenses mailing list. We look forward to hearing from you!8 Comments »
At the beginning of this year we announced a revised approach to our education plans, focusing our activities to support of the Open Educational Resources (OER) movement. In order to do so we have worked hard to increase the amount of information available on our own site – in addition to a new Education landing page and our OER portal explaining Creative Commons’ role as legal and technical infrastructure supporting OER, we have been conducting a series of interviews to help clarify some of the challenges and opportunities of OER in today’s education landscape.
One major venue for the advancement of OER is through policy change at the local, state, federal, and international levels. We recently had the chance to talk to Christine Mytko, who is advancing OER at the local levels through her work as a K-12 educator and the lead science reviewer at Curriki. As a teacher, Christine brings a unique perspective to the conversation around open education and policy, and gives us important insight into how teachers on the ground are thinking about copyright and using Creative Commons and OER.
You are a teacher and the lead science reviewer at Curriki, which is known as the “next generation wiki” for K-12 education. Can you briefly describe who you are, your current roles, and what led to them? What would you say is Curriki’s mission, and how is it helping teachers like yourself?
For most of my teaching career, I have been a middle school science teacher in public schools. When I moved to the Bay Area three years ago, I was fortunate to find a job that combines both of my passions – science and technology. I currently serve as the K – 5 science specialist and middle school technology teacher at a small independent school in Berkeley, CA.
In 2007, I interviewed for part-time work at Curriki. Like many teachers, I was looking to supplement my income. What I found was a community of educators committed to creating, collaborating on, and sharing open-source materials. As part of the Curriki Review Team, I am responsible for reviewing submitted science materials and providing a public score and feedback for the contributor. I also help out with other projects as needed. Currently, I am working with another Bay Area Chemistry teacher to revise and submit an open source Chemistry digital textbook as part of the California Learning Resource Network’s Free Digital Textbook Initiative.
As stated on its main page, Curriki’s mission is to “provide free, high-quality curricula and education resources to teachers, students and parents around the world.” Its name, somewhat recognizably, is a play on the words “curriculum” and “wiki.” The Curriki repository does have many curriculum options, from lesson plans to full courses, available in various subject areas, educational levels, and languages. Curriki offers other resources, too, including textbooks, multimedia, and opportunities for community and collaborative groups.
All Curriki content is shared under the Creative Commons Attribution license (CC BY), planting it firmly in the OER space. Do you know why Curriki chose CC BY for all of its materials? If not, what do you see CC BY enabling that other licenses or “all-rights-reserved” content might not?
Contributors of Curriki content do have the option to select either public domain or a variety of CC licensing, but the default License Deed is CC-BY. I honestly don’t know specifically why Curriki chose this, but I must say it as an excellent decision. CC-BY gives educators the power to remix, share and distribute materials as needed to be timely and maximally relevant to their own curriculum.
The flexibility afforded by a CC-BY license allows for materials to be adapted quickly. I hear that a typical textbook revision works on a 7-year cycle. Curriki materials can be updated and “published” in a matter of seconds and the community can correct any content errors just as quickly. Many topics, especially in science and technology, are changing so quickly that education can no longer afford to wait for proprietary materials to go through their lengthy cycles of publication.
Currently, California and Texas are the biggest purchasers of traditional “all-rights reserved” textbooks, and publishers strive to meet these states’ requirements. Educators in other states (and countries) are forced to work within these proprietary constraints. However, OER [initiatives] such as Curriki allow teachers to freely adapt materials to best fit their pedagogical and cultural needs. Furthermore, by creating or uploading such materials onto a public repository, teachers will no longer need to work in isolation, continuously “re-inventing the wheel.” As relevant materials are freely shared among communities of educators, individual time spent on adapting proprietary materials will decrease, allowing educators to spend more of their precious time on other important areas of teaching.
Describe a class- or school-wide project where you have integrated CC licensing and/or OER. What challenges have you or your students come across while searching for or using resources on the web? How would you translate this experience for teachers looking to mark up their own resources correctly for OER search and discovery? What do teachers need to know?
In my technology classes, I now require all incorporated media to be Creative Commons, Public Domain or No Copyright. At first, after having free rein in Google Images for years, my students felt very limited in their choices. But after discussing the reasons behind copyright and copyright alternatives, many students understood the importance of respecting rights reserved.
There are so many excellent resources to help teachers and students use Creative Commons in their classrooms. The Creative Commons search page, Wikimedia Commons, Flickr CC group, and Google Advanced Search all are wonderful tools for finding alternatively copyrighted images. Websites such as Jamendo are great for finding CC music.
The language was a challenge at first for my middle school students. Although there are only six main CC licenses, my students got bogged down with terms such as “Attribution” and “No Derivatives.” It didn’t help that Google uses slightly different terminology (“reuse” and “reuse with modification”) in their license search filter. But the kids quickly became comfortable with the terms and procedures and, within a few class periods, they easily accessed and properly used “some rights reserved” media. Of course, I have the kids assign rights to their own work, which reinforces the licenses, and gives students the opportunity to think carefully about which rights are important to them.
As far as marking up my own resources for OER search and discovery, I am still learning about the process myself. In fact, prior to my work with Curriki, I was hesitant to “release” my work as open source. I had put so much time and effort into certain materials, I didn’t see the point of just giving them away on the Internet. However, the last few years, I have come to recognize the benefits of open source materials and have begun to post some of my formally guarded resources on Curriki as CC-BY; and I now freely share my new material. Now that I am more comfortable using and creating open source materials on my own and with my students, I hope to move on to work with other teachers.
What are the most common confusions or concerns of teachers when it comes to sharing their teaching materials? Do you think the average K-12 teacher is aware of open licensing alternatives, like Creative Commons? What are the various school or institutional policies for teachers sharing their materials?
I am certain that the average teacher is NOT aware of open licensing alternatives. In fact, many teachers I know still operate on the guiding principle of CASE – Copy And Steal Everything. I don’t believe teachers are lazy or purposely deceitful for using materials in this way; anyone who has taught in a classroom knows how much there is to do in an incredibly short amount of time. Sometimes, copying an (often copyrighted) activity and tossing it in your colleague’s box is merely survival. Even those teachers who are aware of copyright will often claim “fair use.” The problem is that teachers often overestimate their protections and privileges under fair use. And there is little training in copyright and fair use, let alone Creative Commons and OER. Not only is an average K – 12 teacher unaware of his or her responsibilities, he or she often does not know the rights and options available to him or her in sharing his or her own work.
There are a variety of roadblocks preventing teachers from sharing their own work. First of all, since creating curriculum takes so much time, many teachers are unwilling to share lessons because they feel the product belongs to them. Other teachers may feel that their work isn’t good enough to share. And even if teachers overcome these psychological blocks, there are still the technical issues revolving around how will they share their work as open source. None of the schools I have worked with had any sort of policies on, or time set aside for, sharing materials. In talking with my colleagues, they found a similar lack of school policy. Even in the rare case in which there was some sort of policy, teachers often selectively ignored it. Currently, most teachers do not have the access, training, and support necessary to confidently participate in the OER movement.
Curriki has been doing some work to tie their resources to state education standards (http://www.curriki.org/xwiki/bin/view/Main/BrowseStandards). Can you describe a little of that process to us? What are some of the benefits and challenges to including this information? How useful is it?
This work is not part of my professional duties at Curriki, however, I can speak to the process on a personal note as a teacher and Curriki member. Right now, when you visit a resource, you will see four tabs – Content, Information, Standards, and Comments. Choosing the Standards tab allows a user to view currently aligned standards, as well as gives the option to “Align to [additional] Standards.” The process itself is very intuitive; the user clicks through a series of menus and applies standards as he or she deems appropriate.
The biggest benefit will certainly be the convenience of browsing for resources by standard through the aforementioned jump page. The biggest challenge is to align all of the existing and future resources in the repository. Curriki is depending largely on the community to gather momentum for this process. Right now, in its infancy, only about half of the states have standards-aligned resources to browse, and even those collections are far from complete across subject areas and educational levels. Of course, members of Curriki are always welcome to browse unaligned resources by subject, educational level, or other criteria by using Curriki’s Advanced Search.
There has been a lot of OER talk at the state and federal policy levels, especially surrounding open textbooks. What do you think is the future of the textbook for the K-12 classroom? How would you like to see this reflected in policy?
I, like many educators, feel that the reign of the textbook is coming to an end. As a science teacher, I have rarely depended on a textbook for curriculum, and rely more heavily on both online materials and self-created materials. OER allow me to take better advantage of creating and sharing work within a collaborative community. While science and technology lend themselves to early adoption of the open source philosophy, I believe other subjects will soon follow.
Textbooks will not be able to maintain their current stronghold in K–12 schools. A recent New York Times article points out that “[e]ven the traditional textbook publishers agree that the days of tweaking a few pages in a book just to sell a new edition are coming to an end.” Textbooks are expensive and quickly become outdated. Printed errors are not correctable until the next edition comes out. In contrast, OER are inexpensive or free, constantly updated, and easily correctable. I would love to see the money saved by choosing inexpensive OER over pricey textbooks used for supplementary materials and teacher training. Or even better, districts can use that money to set aside release time and pay teachers to meet, collaborate and create OER content.
Lastly, what does a successful teaching and learning environment implementing the power of OER “look like”? Do you have any lingering thoughts—worries, hopes, predictions?
A successful learning environment is relevant, engaging, challenging, and flexible. OER material is current, as well as easily, and legally, adaptable to meet the needs of various learners. An OER community can provide a teacher with materials and support in meeting the needs of his or her particular student population. Resources that are freely shared end up saving others countless hours of redundant individual work and frees teachers from stagnating in a proprietary curriculum.
Schools are beginning to recognize the cost savings of abandoning the current textbook model, and I predict that publishers will adapt as the market demands of them. I hope that schools begin to recognize that teachers are a valuable resource and skilled professionals, and deserve to be compensated for their time spent developing curriculum. I hope districts begin to create policies and provide support to encourage teachers to share the materials they create.
Ideally, the classroom should be a place where students are not merely passive consumers of resources and media, but rather active collaborators, synthesizers and publishers of their own work. I hope that, from a young age, students will be held accountable for using others’ work in an appropriate way, and encouraged to share their own work as open source with some rights reserved, rather than falling back on the default of full copyright, or worse, not sharing at all. I want my students and colleagues to understand that, by sharing materials, they are contributing to a collection of materials that will benefit learners far beyond the walls of their own classroom. This is a significant shift in current educational philosophy, but sites like Curriki are a great step in facilitating a move in the right direction.3 Comments »