CREATIVE COMMONS OPEN LICENSES - WHAT IS IT ALL ABOUT? Introductory presentation by Paul G. West Creative Commons South African Chapter Lead STATING THE UNNECESSARY This workshop is dedicated to providing a harassment-free experience for everyone regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, age or religion. We do not tolerate harassment of participants or facilitators in any form. Sexual language and imagery is not appropriate, including in any online platform that may be used. AND IT IS IMPORTANT TO ADD THAT . • Nothing in this workshop should be construed as legal advice! • We will be talking about an interesting range of topics that touch on copyright, fair use and open licensing. • We will together learn more about copyright, open licensing and open practices in various communities. • Upon completion, you should feel a little more comfortable sharing facts about copyright and open licensing and good open practices. • I am NOT a lawyer – I am a supporter of Open Educational Resources (OER) and Creative Commons (CC) open licenses. THE STORY DOES NOT START IN 2002 UNESCO Forum on the Impact of Open Courseware for Higher Education in Developing Countries https://unesdoc.unesco.org/ark:/48223/pf0000181682 ORIGINS OF OER CREATION OF A MOVEMENT Larry Lessig and others founded the Creative Commons 2001 Charles M. Vest speaks of a meta-university 2007 a transcendent, accessible, empowering, dynamic, communally constructed framework of open materials and platforms on which much of higher education worldwide can be constructed David Wiley coined the term “open content” or enhanced 1998 Conference: Towards an OER university A UNESCO forum coined the term "Open Educational 2011 Resources" OER Foundation 2002 Wayne Hodgins coined the term “learning object” MIT announced its OpenCourseWare initiative Cape Town Declaration on OER signed 2012 Paris OER Declaration 1994 2001 2007 2012 OER Highlights: 1994 to 2012 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 W&F Hewlett Foundation funded the creation of the OER Movement THE MOTIVATION FOR A CREATIVE COMMONS • Copyright laws are vested in a world of print materials – expensive to reproduce and move around the world • The Internet has reduced the cost of reproducing and moving digital resources to almost zero • We can now share on an unprecedented scale • The possibilities of sharing resources in a digital world are in tension or almost opposition with the restrictions in most countries’ copyright laws • The establishment of Creative Commons is a direct response to the need to share resources effectively using modern technology such as the Internet and digital devices in spite of existing regulations. THE TRIGGER FOR A CREATIVE COMMONS • “Mickey Mouse Protection Act” – because the copyright limitation on certain Disney characters were about to move to the public domain • Actually called the Sonny Bono Copyright Term Extension Act (CTEA) • To extend from 50 to 70 years past the death of the creator of a resource – when a resource may transfer to the public domain • Laurence Lessig, a Stanford Law professor took on a case known as Eldred v. Ashcroft which went to the U.S. Supreme Court and lost THE ESTABLISHMENT OF CREATIVE COMMONS • The loss of the Eldred v. Ashcroft case inspired Lawrence Lessig to establish Creative Commons to respond to a growing need to enable the creation, remixing and sharing of content • Created as a non-profit in 2001, Creative Commons issued its first licenses in 2002 • A set of free, public licenses that would allow creators to share their resources such as books, teaching and learning resources and most other works on more flexible terms than the default “all rights reserved” • Originally motivated by the situation in the USA, the licenses are used world-wide CREATIVE COMMONS THE ORGANISATION • Creative Commons has been registered as a non-profit organisation in the USA since 2001 • Creative Commons staff are based around the world • Creative Commons enables resources to be used by millions of people simultaneously, to be copied, shared, and remixed. Creative Commons help us to use the potential of the internet CREATIVE COMMONS LICENSES • For those who wish to share knowledge • Use by • Metropolitan Museum of Art • Europeana • Commonwealth of Learning • UNESCO • World Bank • Siyavula Open Textbooks • There are six open licenses that creators and authors may select from to share their resources CREATIVE COMMONS AT THE FRONT OF A MOVEMENT • The William and Flora Hewlett Foundation sponsored the creation of the OER Movement (Cathy Casserly and Mike Smith) • Creative Commons has supported the global movement toward being open for all people, including academics, musicians, artists, film makers, etc. • The movement includes activists (librarians!), policymakers, researchers and creators • The Creative Commons Global Network (CCGN) includes activists and legal experts from around the world • Other organisations in the movement include: Wikipedians, Mozillians, WikiEducators WHAT CREATIVE COMMONS IS ACCOMPLISHING • In 15 years Creative Commons licenses have been attached to over 1.6 Billion works (resources) on 9 million websites • The focus continues to be on openness, collaboration, and shared human creativity to provide a common legal basis for all people working toward opening up access to knowledge • Anyone may simply use the Creative Commons license selector to find the most appropriate license, and • May join the Creative Commons Global Network and a national Chapter THE INTERNET HAS MADE GLOBAL DISTRIBUTION AND SHARING OF COPYRIGHTABLE WORKS POSSIBLE WITH THE CLICK OF A BUTTON OPEN EDUCATIONAL RESOURCES THE 5RS • Retain - make, own, and control a copy of the resource • Revise - edit, adapt, and modify your copy of the resource • Remix - combine your original or revised copy of the resource with other existing material to create something new • Reuse - use your original, revised, or remixed copy of the resource publicly • Redistribute - share copies of your original, revised, or remixed copy of the resource with others http://opencontent.org/definition/ 2019 RECOMMENDATION ON OER The Recommendation outlines five Areas of Action: • Building the capacity of stakeholders to create, access, re-use, adapt and redistribute OER • Developing supportive policy for OER • Encouraging inclusive and equitable quality OER • Nurturing the creation of sustainability models for OER • Promoting and reinforcing international cooperation in OER https://opencontent.org/blog/archives/6397 https://en.unesco.org/themes/building-knowledge-societies/oer/recommendation IMPACT OF TECHNICAL CHOICES THE ALMS FRAMEWORK • Access to Editing Tools – Need a R20k app? • Level of Expertise Required – need a 6–month course? • Meaningfully Editable – a scanned graphic? • Self-Sourced – the usual open formats? Make technical choices that enable the greatest number of people possible to engage in the 5R activities THE CREATIVE COMMONS LICENSE CHOOSER https://creativecommons.org/share-your-work https://chooser-beta.creativecommons.org THREE-LAYER DESIGN • Legal Code – Lawyer Readable – the full contract • Commons Deed – Human readable – simple explanation • Machine readable - CC Rights Expression Language (CC REL) for computer programs OVERVIEW OF THE LICENSES CC-Zero Free CC-BY cultural works CC-BY-SA Special license CC-BY-NC Special license CC-BY-NC-SA Special license THE FOUR LICENSE ELEMENTS BY - By Attribution – attribute the creator of the work SA - Share Alike – share your new work under the same license NC – Non-Commercial – not to be used for commercial gain (profit) ND – No Derivatives – use the work as-is if you share it THE PUBLIC DOMAIN • Protection provided by copyright does not last forever – life of creator plus 50/70/more years • After the set term, the copyright expires and the work enters the public domain for everyone to copy, adapt, and share • Applicable law is the country in which the work is being used • There are certain types of works that fall outside the scope of copyright • CC-0 license https://en.wikipedia.org/wiki/Public-domain-equivalent_license THE PUBLIC DOMAIN • There are certain types of works that fall outside the scope of copyright • E.g. CC-0 Public Domain Dedication • For others, see: https://en.wikipedia.org/wiki/Public-domain-equivalent_license PUBLIC DOMAIN TOOLS • CC0 - creators to dedicate their works to the worldwide public domain • Public Domain Mark • Label to mark works known to be free of all copyright restrictions • Not a legal tool and has no legal effect TAKE CARE • License proliferation • Confusion with “an open license” • OER use Creative Commons licenses • Mixing different CC licenses • Attribute works • If in doubt, ask • If in doubt, contact the IP owner THE STATE OF THE COMMONS Now over 1.6 Billion works (resources) on 9 million websites https://stateof.creativecommons.org/ CREATIVE COMMONS CONTACT DETAILS • Creative Commons https://creativecommons.org/about/contact/ • Creative Commons Global Network https://network.creativecommons.org/ • How to select a Creative Commons open license https://creativecommons.org/share-your-work/ https://chooser-beta.creativecommons.org/ CREATIVE COMMONS SOUTH AFRICA CHAPTER • Website https://za.creativecommons.net • FaceBook http://www.facebook.com/CCSouthAfrica • LinkedIn http://www.linkedin.com/groups/4046449 • Twitter https://twitter.com/ccsa TECHNOLOGY AND EDUCATION FOR THE MOST MARGINALISED