Pre Workshop Quiz –True/False.
1. Copyright is the only law relevant in OER.
2. As long as we have a licence for a work, we can
3.
4.
5.
6.
7.
8.
9.
10.
include it.
Fair Dealing applies to OER.
Universities own the work of employees.
The onus is on the depositor to clear rights.
We can include third party materials as long as we
acknowledge them.
Copyright protects information.
Attribution is binding under Creative Commons.
If I redraw a diagram, I can include it.
Creative commons licences cannot be changed.
What is OER?
 Collaborative?
 Free?
 High Quality?
When Does Legal Matter?
Input – getting materials into
the O.E.R.
Output – licensing materials
(e.g. CC).
What Areas of Law Are
We Talking About?
Copyright - images, text, video,
sound, software, tables,
diagrams (input, output).
Data Protection – identifies a
living individual.
Accessibility – Equality Duty.
Intellectual Property.
Are you the owner?
YES – go ahead.
NO – get permission,
use an exception.
Situation One.
We have materials
produced by staff. Can
we go ahead?
Situation Two.
We have works that we
have used in previous
modules on our VLE. Can
we go ahead?
Situation Three.
We have materials belonging
to someone else. We have
permission to include only
some of the materials. We
think our use is fair. Can we
go ahead?
Situation Four.
We have no permission
but we think we’ll get
it later. Can we go
ahead?
IPR Clearance:
Policy.
Rights clearance.
Gaining permissions.
Record retention.
Creative Commons Licences.
Free,
Simple,
Understood,
Enforceable?
Type of CC Licence.
Which CC Licence?
Situation 1:
An author will allow materials to
be included for non commercial
use. However, they are worried
about changes reflecting the
quality of the resource and
insist on “All Rights Reserved.”
Situation 2:
An institution has worked with a
Spanish institution to produce
materials for the OER. Both
parties have agreed to apply the
least restrictive licence. Which
CC licence?
Situation 3:
Some works included
can be used to create
new works but others
must not be changed.
Which licence?
Licensing OER.
Do you
own the
IPR?
Yes!
Apply
CC
licence.
No.
Get
permission.
Apply CC
licence.
Some of it.
Apply ‘yes’
and ‘no’ as
appropriate.
Don’t
know.
Find out,
get
decision.
17
JISC Legal FAQs:
1. What do I need to consider when including
third party works in the OER?
2. Can I re-use facts and create my own graph?
3. Do I have to comply with other licences
attached to the work?
4. What happens if the CC licence subsequently
changes for that material?
5. Who is responsible for copyright?
JISC Legal FAQs:
1. How does the statutory exemption for criticism
2.
3.
4.
5.
and review work?
What are my options if I have some materials
that cannot be included in the OER?
We want to use “share alike” but the copyright
owner does not want derivatives. How can we
get round this?
If a licence states: “for educational purposes”,
can I include it? What about licences for ejournals or software?
What about if it says “copyright free”?
Conclusions: over to you!
Questions/Comments/
Suggestions
[email protected].
www.jisclegal.ac.uk:
home page, OER project page
including webcast.
Quiz.