Navigating Open Licensing: Strategies for Access and Reuse
Summary
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Takeaways
- 😀 Copyright grants protection over expressive works of original authorship like books, restricting publishing and distribution.
- 😶 Fair use allows limited use of copyrighted works for research, teaching, etc. without permission.
- 🤔 Creative Commons licenses explicitly grant permissions to access, reuse and redistribute works.
- 😊 CC licenses range from least restrictive (CC BY) to most restrictive with additional constraints.
- 😃 Open access aims to make peer-reviewed research more accessible by removing barriers like exclusive rights and subscription fees.
- 😯 Works can enter the public domain when copyright expires, rights are waived, or if created by the US government.
- 😀 Standard open licenses provide more clarity on permissions compared to uncertain fair use claims.
- 😮 Millions of openly licensed photos and multimedia are available to incorporate into educational materials.
- 🤓 Open licenses allow finding your way back to the original source material.
- 😊 Various sites offer open license, open access, and public domain multimedia for educational use.
Q & A
What are some benefits of using openly licensed materials?
-Openly licensed materials are generally less restrictive than standard copyright, less confusing since permissions are explicitly defined, and allow for easier access to high quality, modifiable resources.
What is the difference between open licenses and fair use?
-Open licenses grant clear permissions for reusing and redistributing materials, while fair use relies on a subjective claim that may be disputed by copyright holders.
What types of works are protected under copyright?
-US copyright law grants protections over expressive works of original authorship such as books, songs, photos, and movie scripts.
What permissions does standard copyright provide to creators?
-Standard copyright grants creators exclusive rights over publishing, copying, distributing, and creating derivative works.
What are some examples of open licenses?
-Creative Commons and custom website licenses are common open licenses. They allow reusing materials with certain restrictions.
What is the difference between open access and public domain?
-Open access refers to making research publications freely available. Public domain means works have no copyright restrictions.
Why might government research be a good source of public domain content?
-The US government conducts extensive research and releases findings to the public domain by default.
How can you determine if a Creative Commons licensed work can be used commercially?
-Check if the license includes "NC" for "non-commercial." Works without NC can be used commercially.
What are some benefits of proper attribution when using public domain content?
-While not legally required, providing attribution is good etiquette and allows users to trace the origins of content.
Where can you find open license and public domain multimedia resources?
-Many sites like those listed at the end specialize in sharing materials under open or public licenses.
Outlines
🎓 Overview of Copyright Law and Open Licensing for Educational Materials
This paragraph provides background on copyright law, fair use, and open licensing. It explains that traditional copyright can make reuse of materials difficult, while open licenses grant more permissions for access, reuse, and redistribution. Creative Commons licenses and open access for research are two types of open content.
😃 Example of Using a Creative Commons Licensed Image
This paragraph shows an example of properly attributing a Creative Commons licensed image from a MIT political science course. The license allows adaptations while requiring attribution and non-commercial use. Millions of CC-licenses multimedia resources are available.
Mindmap
Keywords
💡Copyright
💡Open license
💡Creative Commons
💡Fair use
💡Public domain
💡Open access
💡Attribution
💡All rights reserved
💡Open educational resources
💡Multimedia resources
Highlights
Open licenses are an alternative to traditional copyright protection.
Standard open licenses like Creative Commons provide clear permissions for accessing, reusing, and redistributing creative works.
Each Creative Commons license explicitly defines what can and cannot be done with a work so authors and users understand permitted uses.
Creative Commons licensing allows users to find their way back to original source materials.
Open access refers to making academic research literature freely available to improve access to science.
Entering the public domain is permanent - copyrights cannot be reclaimed once waived or after expiration.
Federal government research is a great source of public domain multimedia content to use in education.
Copyright grants exclusive rights over expressive works, restricting publishing, copying, distribution and derivative uses.
Fair use allows limited reuse of copyrighted works for research, teaching, criticism or parody without permission.
Open licenses grant permissions with few restrictions compared to standard all rights reserved copyright.
The Creative Commons licenses range from least restrictive to most restrictive in allowed uses.
MIT Open Learning recommends using open license resources that have clearly defined reuse rights.
Works can enter the public domain if copyrights expire, are waived by creators, or apply to US federal government works.
Traditional academic journal copyrights and fees limit open access to research literature.
Always attribute open license and public domain works even if not legally required as a best practice.
Transcripts
GEOFFREY WILSON: Thanks for exploring teaching and learning
materials from MIT Open Learning.
We often make use of openly licensed materials
to ensure that people like you have
an access to high quality, modifiable resources
for your own educational initiatives.
My name is Geoff Wilson.
And I'm an Intellectual Property Manager here at Open Learning.
In this video, I'll be guiding you
through a few ways we identify openly licensed materials.
My hope is that you'll be able to apply
some of these strategies in your own work.
Before we go on, just a brief disclaimer--
I am not a US attorney.
And this video does not contain any legal advice.
Before open licensing, the only way
to share copyrighted material was through a direct license
or a claim of fair use.
However, now, we also have the ability
to share materials through a standard open license.
To understand the benefits of open licenses,
we're going to contrast that with traditional copyrighted
materials.
So what is copyright?
US Copyright Law grants protection
over certain types of intellectual property,
namely expressive works of original authorship,
such as books, songs, photos, and movie scripts.
US Copyright Law creates a limited exclusive right
over the protected property, which allows the copyright
holder to control publishing, copying, distribution,
and derivative uses of the work.
Even for educational and non-commercial purposes,
reuse of all rights reserved or copyrighted content
presents challenges.
On the one hand, a claim of fair use
requires thorough evaluation and documentation, basically
a justification.
And even then, a copyright holder
may demand that the content be taken down.
Third party license agreements, on the other hand,
can be time consuming and expensive.
But now, what is an open license?
Simply put, it's a content license that grants permission
to access, reuse, and redistribute a work
with few or no restrictions.
Open licenses are an alternative to traditional copyright
protection, as denoted by the copyright C symbol,
or all rights reserved R symbol.
When it comes to open licenses, there are standard ones,
like those provided by Creative Commons.
And there are also many custom or website-specific licenses
out there.
At MIT Open Learning, we recommend
using open license resources because they're
generally less restrictive than standard copyright protection.
They're also less confusing.
The rights and permissions tend to be more explicitly defined,
whereas a claim of fair use is inherently more
uncertain and subjective until a judge makes a specific ruling.
Now, there are two popular types of open content--
Creative Commons open licensing and open access.
But before we explain what those are,
I want to highlight two other alternatives or exceptions
to copyright law.
The first is the public domain, which
refers to all expressive works that are not protected
by any right of copyright.
The second is fair use, which I've already mentioned.
Fair use is an exception to exclusive rights of copyright.
While copyright owners may enjoy exclusive rights over their IP,
US law stipulates that those exclusive rights are not
absolute.
Fair use is a carve-out of those exclusive rights, which
allows use of copyrighted works for certain purposes
such as research, teaching, criticism, parody
without permission from the copyright holder.
Now, let's get back to open content.
The Creative Commons is a set of standardized copyright
licenses, which was conceived as an alternative
to traditional all rights reserved copyright.
Part of what makes them so useful
is how straightforward the licenses are.
Each element of a license is explicitly defined so that both
authors and users understand what can and cannot be done
with a given work.
On the chart, the licenses go from least
restrictive at the top to most restrictive at the bottom.
The first license is shown as CC BY, where BY simply
means that a work can be copied or distributed
in any form or fashion, so long as the original author is
credited.
Going down the list, certain other CC
licenses stipulate further restrictions,
such as no commercial use, or NC, or no derivative use,
such as ND.
With the Creative Commons symbols, what you see
is what you get.
Here is a great Creative Commons example
from an MIT political science course that's
available on OpenCourseWare.
The course homepage image shows a photo
of the US Capitol building.
Looking at the attribution, we can
see that not only did the course team do a great job of properly
attributing the source image, but we
can see that they have complied with the CC BY NC license
that the photographer stipulated.
Millions of photos and other multimedia resources
are made available online via CC and other licenses.
Here is a full-size version of the image.
Another benefit of Creative Commons
is that it allows users to find their way back
to the original source material.
The term open access is specific to peer-reviewed research.
And it comes from a movement to make research literature more
accessible.
Traditional academic journals involve exclusive rights
and subscription fees, which can be a barrier to open science.
Here's one example from a molecular biology class that's
available on the EdX platform.
On the left is a frame from the video lecture
showing the professor incorporating material
from an open access journal article into their lecture.
On the right is the original figure from the journal article
itself.
As you can see, the article itself
is copyrighted with all rights reserved by the authors.
However, they saw fit to make their work openly
accessible with a Creative Commons license.
The public domain refers to works
that are not subject to any copyrights whatsoever.
This means that such works can be
used by anyone for any purpose without the owner or author's
permission.
A work can enter the public domain for several reasons.
Its copyright has expired.
The creator waived their rights of copyright
and placed their work into the public domain.
And certain works created by or for the US Federal government
and released to the public are considered public domain
by default.
One thing to note--
entering the public domain is permanent.
Works cannot be clawed back from the public domain once rights
have been waived or after expiration of copyright.
Here's a colorful public domain resource
example taken from a fluid dynamics
course on OpenCourseWare.
The image in question comes from the US Naval Research
Laboratory.
While attribution is not required,
it's good etiquette and a best practice,
as exemplified in the caption below the figure.
Here, we see the figure blown up.
This is a global weather chart.
The federal government conducts a lot of scientific research
and observation.
So it's a great place to find content to pair
with your teaching materials.
Here is just a handful of the myriad sites
on the internet that offer up open license, open access,
and/or public domain multimedia.
These are all resources that we frequently recommend to the MIT
course teams that we work with.
Thank you for viewing this presentation.
We at MIT Open Learning hope that it provides a window
to how and where open resources are
available to be used with your new educational projects.
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