Open Educational Resources


Copyright Basics for OERs

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Presentation fro University of Nebraska-Lincoln Libraries OER project, March 7, 2022.


Released under a CC-BY license.


10:29:04 auto transcription: Good morning, I'm Paul Royster, I'm with the UNL libraries. 10:29:19 I'm here today to talk about copyright basics and I'm gonna plunge right into it, because I don't have much time here. 10:29:26 Here we go, all right. copyright basics to who, What? When? 10:29:31 Where, why, and how much of copyright? All in about 5 min. 10:29:36 Who owns copyright, copyright belongs to the author the artist to the creator, then to whoever they have transferred it to, because it's property, and it can be sold or given away? 10:29:50 Does the author still own it. no not if it's been transferred. 10:29:55 None of it's been sold or transferred or given away as many scholarly works off. 10:30:03 And are. What if there are multiple authors, you know, copyright issue is shared equally among them, although the proceeds and the earnings, the income that can be split differently according to other agreements. 10:30:12 But the copyright is shared equally. Any co-author can give permission to use. 10:30:19 The copyright transfer requires the agreement of all the authors. 10:30:23 Now, what is copyright cover? Copyright covers the school right to reproduce or perform or derivative products. 10:30:31 It does not cover particular words and phrases, or titles, or bags. 10:30:38 It does cover their expression, organization, or arrangement. When does copyright apply? 10:30:43 It applies from the time the work assumes fixed form that is, when it's written down or taped or recorded in some fashion, it lasts until 70 years after the death of the last surviving author. 10:30:58 Nowadays. This is the rule for about the last 40 years copyright marking our registration is not needed for copyright to apply. 10:31:08 It used to be, but again, under the new laws it's not required It's automatic because copyright is automatic. 10:31:14 Where does copyright apply? Copyright applies almost everywhere all signers of the Berne Convention, all members of the World trade organization, or some differences in terms and rules. 10:31:29 But intellectual property is protected almost anywhere. You would want to find yourself. 10:31:30 Why is there copyright? Well, there's copyright to protect and to stimulate innovation and creativity? 10:31:38 If you imagine a world without copyright, it would be chaos. 10:31:41 Nobody could get paid for their intellectual property. you could only do it for the fun of it. 10:31:47 And then You couldn't control what happened to it afterwards so what can I use in an oer Let's get to the heart of the matter? 10:31:55 You can use original work. you can use public domain material. you can use permissioned work, and you can use licensed work. 10:32:05 So original work. Well, of course, you know all your writings and research, and everything that you come up with on your own. 10:32:11 You're free to use that that's great but sometimes you want to borrow something, or you found something that would be really useful, and you'd like to use it. 10:32:19 But it's in copyright. my suggestion in such cases is that you engage someone to redraw. 10:32:25 It has a work for higher, so that you really then own the rights. 10:32:31 You acknowledge. The source, of course, is after Jones in such and such an article or book, or whatever. 10:32:38 This is basically graphic parabraising and it's legitimate. 10:32:43 So public domain work, the first category would be expired. 10:32:47 Copyrights. everything published. the poor 1,926 is out of copyright. 10:32:54 This public domain. To use it, However, you want no attribution, no permission, nothing published and registered between 1,926 and 1,963, and not renewed copyright used to run 20 10:33:10 7 years, and at the end of that time if you didn't renew it. 10:33:12 It became public domain. So you can check these registrations and renewals online. 10:33:19 Now subsequently, That's. changed and it the cutoff date. Here is 1,963 so public domain US. 10:33:27 Government works. works of the US Government are not subject to copyright, and that means specifically, that works by employees or officials of the Federal Government who supplies to Federal or so that that means that that everything from USDA, US Geological, NASA, 10:33:46 NOAA, Army, Navy, Airports, Coast Guard, EPA, 10:33:51 CDC, NHS, DOJ, FBI, that's all free to use. 10:33:55 You can use that put it in your OER it's public domain, these places, many of them, have imagined libraries, plus the publications of their employees. 10:34:05 Just a note. This did not apply to Smithsonian or the Department of Energy labs, because those are actually not government employees. 10:34:15 They're employees of contracted out. So sorry about that. permissions. 10:34:22 If you want permission to use something you have to address the whole order of copyright, and that's not necessarily the author anymore. 10:34:28 If you can find out who that is, just straight up, ask identify the work that you want to use and tell them I want to include it in an oer to be released online under a CC license, 10:34:42 i.e. in an infinite number to an infinite audience for all time out restrictions. 10:34:49 So don't be surprised if they're hesitant about that. If they send you to the CCC. 10:34:55 You the Copyright Clearance Center there will be peas and bomb, and then you're on the licensing licensing for OER's could be challenging commercial holders of intellectual property may be reluctant to 10:35:09 license for unlimited reuse, license rates that his fees can be inconsistent, unpredictable, and exorbitant. 10:35:18 On the other hand, Creative Commons license works things that are already CC 10:35:21 licensed. they're generally okay, to use except for those with and that is no derivatives Tag: You can't use those sorry 10:35:31 What about fair use? Fair use is a way of using something that's in copyright without it being an now fair use, can only be definitely established by getting sued and then winning in court courts decide infringement versus fair use based on 10:35:48 what are known as the 4 factors. The factors are the nature of the work. 10:35:53 Is it factual? is it public that's good is it private is it creative. 10:35:59 It's less good the nature of the use it's educational. 10:36:03 It's non-commercial it's transformative that is its it's it's intended to a different end than the original. 10:36:13 That's good. I mean the second factor is generally very favorable for educational works. 10:36:18 Third, the amount of the work use. Of course, less is better and more is more suspect. 10:36:25 Finally and really most importantly, the effect on the value of the original. 10:36:29 Now Federal courts copyright is is done in Federal court, and these decisions are made on the preponderance of the factors. 10:36:37 That is you you don't know it's up to the judge to decide. 10:36:42 So using fair use in an oer it just that you i'm not saying you can't do it. i'm just saying it. 10:36:51 It involves a risk assessment. who will be the publisher because they're really the ones that are saying you can't, or you can't do it. 10:36:58 Who decides if you can do it or not. And basically you ask yourself what will happen if somebody alleges that this is infringing, Will you withdraw it? 10:37:08 Will you revise it? Will you settle with them, or you go to court, you know. 10:37:12 Think about it ahead of time before you just drop that thing in.

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