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 include it. 3. Fair Dealing applies to OER. 4. Universities own the work of employees. 5. The onus is on the depositor to clear rights. 6. We can include third party materials as long as we acknowledge them. 7. Copyright protects information. 8. Attribution is binding under Creative Commons. 9. If I redraw a diagram, I can include it. 10. 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). 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. 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? 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 and review work? 2. What are my options if I have some materials that cannot be included in the OER? 3. We want to use –SA but the copyright owner does not want derivatives. How can we get round this? 4. If a licence states: “for educational purposes”, can I include it? What about licences for e- journals, software? 5. What about if it says “copyright free”?

Conclusions: over to you!

Questions/Comments/ Suggestions home page, OER project page including webcast. Quiz.