1. dScribe workshop: international edition May 2010 License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ © Regents of the University of Michigan, 2010

2. Goals of the workshop By the end of this workshop, participants should be able to: Understand the basics of copyright law and the Creative Commons licensing scheme Explain the dScribe process Identify, classify and clear third-party content contained within educational materials Search for and locate OER for a given topic

3. What is dScribe? dScribe, short for "digital and distributed scribes," is a participatory and collaborative model for creating open content. It brings together enrolled students, staff, faculty, and self- motivated learners to work together toward the common goal of creating content that is openly licensed and available to people throughout the world. It was first developed by students and faculty at the University of Michigan to leverage the interest and talent of students in working with faculty and staff to transform educational material into open educational resources (OER). The dScribe model encourages students, faculty, staff, and other interested individuals such as alumni and community members to get involved in not only creating open content, but also generating awareness about the benefits of creating and sharing educational content with a global learning community.

5. Why dScribe? By teaching others the basics of copyright, open licensing, and privacy, we have a distributed OER production process which is: scalable sustainable participatory

6. dScribe History U-M Tvol, Flickr Winter 2008: First group of dScribes Winter 2009: Copyright Jeopardy Winter 2009: Clinton Global Initiative University: Health OER Team Winter 2009: dScribe meeting

7. dScribes outside U-M July 2009 KNUST, Ghana August 2009 UCT, South Africa August 2009 UCT, South Africa August 2009 UCT, South Africa

8. Getting started: dScribe Task List

9. 1.Introduction: Connect & Collaborate 2.Training: Learn the Basics 3.Gather Your Resources 4.License Your Resources 5.Assess and Clear 6.Edit Materials 7.Review Materials 8.Publish Materials 1, 2 can be done together 3, 4 can be done together 5, 6 can be done together 7, 8 are done by Open.Michigan (or your local OER staff)

10. 1. Introduction: Connect & Collaborate dScribe is fundamentally about the opportunity to collaborate with others to create open content. Perhaps you’re a group of students creating a project and want to ensure that others can take your work and adapt it. Or, maybe you’re a faculty member looking for students and staff to work with you as you strive to open your research and teaching material to a broader audience. Whether you’re a team of two or a group of eight, the first step in the dScribe process is to connect with others interested in working together.

11. 2. Training: Learn the Basics What is OER? What is intellectual property? What is copyright? What is Creative Commons? See https://open.umich.edu/share/https://open.umich.edu/share/

12. “Open Licenses”

13. There are many types...

14. Non-Software Licenses: Creative Commons GNU Free Documentation License Software Licenses: GPL Apache BSD

15. OER *mostly* uses Creative Commons Licenses

16. Creative Commons

18. Creative Commons: licenses

19. Public Domain All Rights Reserved Some rights reserved: a spectrum. least restrictivemost restrictive

20. But...

21. OER Definition: “Open educational resources are educational materials and resources offered freely and openly for anyone to use and under some licenses to re-mix, improve and redistribute.” Wikipedia: OER, http://en.wikipedia.org/wiki/Open_educational_resources

22. OER Creative Commons: licenses X X

23. Some rights reserved: a spectrum for OER least restrictivemost restrictive Public Domain All Rights Reserved XX X

24. 3. Gather Resources During this step, the dScribe gathers all of the materials from a course/module intended for OER publication. This material may be transferred through a learning management system or removable media such as a USB drive. The material should be its native, editable format (e.g..doc,.ppt rather than.pdf) so that the dScribe may edit it as needed.

25. 4. License Resources The most important step in creating open content is letting others know how you want them to use it. The easiest way to do this is to select a Creative Commons license for the material.

26. 5. Assess and Clear 6. Edit Materials It saves time if you do steps 5 & 6 together. It helps to have two windows open – one with the learning material and another with the method you’re using to record step 5.

27. 5. Assess and Clear This is the heart of the dScribe process. We build upon the work of others and make use of content whose rights are held by individuals, corporations, and organizations around the world. Respecting the copyright of those who we borrow and build from is an essential component of strengthening the culture of sharing.

28. 5. Assess and Clear Learning materials are multi- dimensional

29. 5. Assess and Clear Learning materials include lecture slides and other multimedia presentations, posters, handouts, readings, quizzes, class notes, and a host of other associated educational material used for instruction and learning. A content object refers to individual media items like photos, illustrations, recordings, text, equations, screenshots, and other such media that appear within learning materials. Every content object has a corresponding context image, i.e. an image of a single page or slide in a learning material, may contain one or more ‘content objects’ and surrounding text.

30. 5. Assess and Clear A learning material may have one Creative Commons license, but the content objects within come from different authors and have different permissions.

31. 5. Assess and Clear Once the dScribes have gathered the material, they must analyze the content for three areas of consideration: Copyright Privacy Endorsement

32. main policy considerations :: copyright : copyright law grants limited exclusive rights to authors of creative works :: privacy : the protection of patient and student privacy :: endorsement : avoiding the appearance of endorsing a 3 rd party

33. 5. Assess and Clear During this step, the dScribe recommends an action for each content object. There are four possible actions to recommend for each object: Retain Replace Remove and Annotate Seek Permission These actions should be recorded in some manner for legal purposes as show your due diligence in your OER publication process. Examples: Offline Spreadsheet Google Form/Spreadsheet OERca

34. True or False: In order for an object to qualify for copyright protection, it must be marked with a (C) symbol False. See: The Berne Convention Implementation Act of 1988 (BCIA).

35. True or false: A work must be published and registered in order to be granted copyright protection. False.

36. 5. Assess and Clear The dScribe may choose to retain an object for one of three reasons…

37. 5. Assess and Clear Retain: Public Domain Recommend this action when it is clearly indicated or known that the content object is in the public domain. For example, a book published before 1923, such as Gray's Anatomy, is the public domain.

38. What action would you recommend for this object & why? Retain: Public Domain U.S. federal government documents are in the public domain. N.B. This is not true of federal documents in all countries.

39. 5. Assess and Clear Retain: Permission Recommend this action when you have been given expressed permission to use the object. This action is appropriate when the object is licensed under Creative Commons, the object was created by the instructor, or the the object was created by someone else who gave special permission for it to be used.

40. 5. Assess and Clear Retain: Copyright Analysis Recommend this action when you come across an object for copyright status or permission is unknown, but you have reason to believe that it is legally acceptable to use it anyway. For example, if the object is something that is ineligible for copyright, e.g. a table of facts is not protected by copyright in the U.S., or it is a short excerpt of a copyrighted work, then you would select this action. Since the category of what's eligible for copyright, particularly in regard to data and scientific images differs across countries, OER producers should refrain from doing this sort of copyright analysis unless that have a deep understanding of copyright law in their country and/or are able to consult copyright attorneys trained in their jurisdiction. Disclaimer: These “copyrightability” and “fair practice” laws differ by country, so it’s often best to avoid replace or remove in these cases.

41. What action would you recommend for this object & why? Retain: Copyright Analysis This is a basic graph. Data is not copyrightable. This is a basic representation of data containing no creative expression. If you and I both had this data, we could generate the same graph easily. Disclaimer: These “copyrightability” and “fair practice” laws differ by country, so it’s often best to avoid replace or remove in these cases.

42. 5. Assess and Clear The dScribe may choose to replace an object when it is clearly indicated that the object is copyrighted or it is unknown but likely that the object is copyrighted.

43. 5. Assess and Clear Replace: Search Recommend this action when it is easy search for Creative Commons or public domain replacements. See https://open.umich.edu/share/use.phphttps://open.umich.edu/share/use.php

44. 5. Assess and Clear Replace: Create Recommend this action when the dScribe has enough skill to create another content object with a different expression but the same meaning as the original object.

45. 5. Assess and Clear Remove & Annotate Recommend this action when a content object is too difficult to replace or it is unnecessary. If the object is useful, then the dScribe adds an annotation which will lead the learner back to the copyrighted original, either by URL or bibliographic citation for print material.

46. 5. Assess and Clear Permission This option is very rarely used. The dScribe may try to seek permission (where none has already been granted) where the copyright holder is clearly identified. This is option should only be selected when the copyright owner is available (e.g. within your own institution). If you seek permission from publishers or authors elsewhere, you'll likely be waiting for months for a response. It's most often better to replace or remove an object than select this action.

47. 5. Assess and Clear In order to assist dScribes is recommending the appropriate action, the U-M OER team has developed a workflow questionnaire and a casebook.workflow questionnairecasebook N.B. These two resources were developed for U.S. law.

48. 6. Edit Materials All OER should have a disclaimer slide and proper citations

49. Author(s): Rahul Sami, PhD, 2009 License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution Noncommercial Share Alike 3.0 License: http://creativecommons.org/licenses/by-nc-sa/3.0/ We have reviewed this material in accordance with U.S. Copyright Law and have tried to maximize your ability to use, share, and adapt it. The citation key on the following slide provides information about how you may share and adapt this material. Copyright holders of content included in this material should contact open.michigan@umich.edu with any questions, corrections, or clarification regarding the use of content. For more information about how to cite these materials visit http://open.umich.edu/education/about/terms-of-use. This slide is inserted as the first slide/page of all published Open.Michigan materials. It contains the author, the license name, logo, and URL, a disclaimer, and the Open.Michigan brand.

50. Author(s): John Doe, MD; Jane Doe, PhD, 2009 License: Unless otherwise noted, this material is made available under the terms of the Creative Commons Attribution 3.0 License: http://creativecommons.org/licenses/by/3.0/ We have reviewed this material in accordance with U.S. Copyright Law and have tried to maximize your ability to use, share, and adapt it. The citation key on the following slide provides information about how you may share and adapt this material. Copyright holders of content included in this material should contact open.michigan@umich.edu with any questions, corrections, or clarification regarding the use of content. For more information about how to cite these materials visit http://open.umich.edu/education/about/terms-of-use. Any medical information in this material is intended to inform and educate and is not a tool for self-diagnosis or a replacement for medical evaluation, advice, diagnosis or treatment by a healthcare professional. Please speak to your physician if you have questions about your medical condition. Viewer discretion is advised: Some medical content is graphic and may not be suitable for all viewers. This is a the title slide that we use for Open.Michigan medical materials. The disclaimer includes additional information

51. Additional disclaimers which may be appropriate for medical materials (from KNUST materials) Medical patients - Use this is you have images, audio, or video recordings of patients. When you include footage of patients, you should refrain from showing their faces. Example text: The patients who appear in this programme freely gave their consent for the authors to use their images for educational purposes. Where real patients were filmed or photographed, we have not shown their faces or other identifiable features. Student Actors Example Text: Note: No real patients were filmed in the production of the programme. The "patients" who appear here are actually talented student-actors who have learned to portray common psychiatric disorders. Their identities are listed in the "Credits and Acknowledgments" link above.

52. Citation Key for more information see: http://open.umich.edu/wiki/CitationPolicy Use + Share + Adapt Make Your Own Assessment Creative Commons – Attribution License Creative Commons – Attribution Share Alike License Creative Commons – Attribution Noncommercial License Creative Commons – Attribution Noncommercial Share Alike License GNU – Free Documentation License Creative Commons – Zero Waiver Public Domain – Ineligible: Works that are ineligible for copyright protection in the U.S. (USC 17 § 102(b)) *laws in your jurisdiction may differ Public Domain – Expired: Works that are no longer protected due to an expired copyright term. Public Domain – Government: Works that are produced by the U.S. Government. (USC 17 § 105) Public Domain – Self Dedicated: Works that a copyright holder has dedicated to the public domain. Fair Use: Use of works that is determined to be Fair consistent with the U.S. Copyright Act. (USC 17 § 107) *laws in your jurisdiction may differ Our determination DOES NOT mean that all uses of this 3rd-party content are Fair Uses and we DO NOT guarantee that your use of the content is Fair. To use this content you should do your own independent analysis to determine whether or not your use will be Fair. { Content the copyright holder, author, or law permits you to use, share and adapt. } { Content Open.Michigan believes can be used, shared, and adapted because it is ineligible for copyright. } { Content Open.Michigan has used under a Fair Use determination. } This slide is inserted as the second slide/page of all Open.Michigan published materials. This shows our analysis of the content objects in the material. Knowing this may assist downstream users (especially those in other jurisdictions) in how they can and can not use a particular image or resource.

53. 6. Edit Materials To cite a CC Licensed object in your edited materials, you use the following: 1.Author 2.Source 3.License 4.License URL

54. Janeway. Immunobiology : The Immune System in Health and Disease. Current Biology Ltd./Garland Publishing, Inc. 1997 Example

55. “Spinach is Good” Center for Disease Control rejon http://openclipart.org/media/files/rejon/11221 Life Magazine. January 17, 1938 Some commentary about how spinach, an outline of a male, and this cover of Life Magazine from 1938 is related in the context of this course. (Same format for CC Zero tag as the PD-SELF tag) Example If you’re going to claim fair use/practice for an object, it’s advised that there be some context for the object on the slide, such as the text in the middle of this slide. Again, fair use/fair practice differ by country, so it’s best to avoid this action, especially if you don’t have a copyright lawyer on your OER team.

56. Goody Two Shoes - McLoughlin Bro's (New-York) 1888 Example

57. Jot Powers, Wikimedia Commons (Same format for the other CC licenses and the GFDL.) Example

58. OER Let’s do it right from the start. CC: BY-SA Phil McElhinney (flickr)flickr http://creativecommons.org/licenses/by-sa/2.0/ Can use text citation instead of CC license image

59. Lady Finger Learning about Orchids phalaenopsisphalaenopsis CC:BY audreyjm529 (flickr) http://creativecommons.org/licenses/by/2.0/audreyjm529http://creativecommons.org/licenses/by/2.0/ Phalaenopsis Lady Finger OrchidLady Finger Orchid CC:BY aussiegall (flickr) http://creativecommons.org/licenses/by/2.0/aussiegallhttp://creativecommons.org/licenses/by/2.0/ A Phalaenopsis hybrid A Phalaenopsis hybrid CC:BY-SA Zizonus (flickr) http://creativecommons.org/licenses/by-sa/2.0/Zizonushttp://creativecommons.org/licenses/by-sa/2.0/ On Slide Example with multiple images on a single slide

60. Works Cited for more information see: http://open.umich.edu/wiki/CitationPolicy Slide 3: Janeway. Immunobiology : The Immune System in Health and Disease. Current Biology Ltd./Garland Publishing, Inc. 1997 Slide 4: Spinach is Good” Center for Disease Control; Life Magazine. January 17, 1938; rejon, http://openclipart.org/media/files/rejon/11221 Slide 5: Goody Two Shoes - McLoughlin Bro's (New-York) 1888 Slide 6: Jot Powers, Wikimedia Commons, http://commons.wikimedia.org/wiki/File:Bounty_hunter_2.JPG, CC: BY-SA 2.0 http://creativecommons.org/licenses/by-sa/2.0/http://commons.wikimedia.org/wiki/File:Bounty_hunter_2.JPG http://creativecommons.org/licenses/by-sa/2.0/ The convention: Licensed Content:,., Open Content License Example: John Doe, http://domain.com/path/to/resource.html, CC:BY-SA 3.0, http://creativecommons.org/licenses/by-sa/3.0/http://domain.com/path/to/resource.htmlhttp://creativecommons.org/licenses/by-sa/3.0/ Public Domain: Source: ( - ) Source Undetermined Example. It’s best practice to cite your sources both next to object and at the end of the presentation, though either is acceptable.

61. 7. Review Materials 8. Publish Materials Once the OER is edited, the dScribe hands it over to the OER staff who reviews it for correct recommended actions for content objects and formatting (i.e. license, disclaimers, citations). Then the team contacts the content creator for the final review of their materials. Once the creator approves of the finished product, the team publishes and distributes the resource(s).

62. 8. Publish Materials https://open.umich.edu/education

63. open.michigan@umich.edu http://open.umich.edu/dScribe Characters made by Ryan Junell Contributing Authors (part of the Open.Michigan Team) Garin Fons Greg Grossmeier Pieter Kleymeer Kathleen Ludewig