Infrastructure for Open Educational Resources Hal Abelson MIT Dept. of Electrical. Eng. and Computer. Sci. MIT Council on Educational Technology

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4 "Do they have permission from the person who wrote the lectures to share it?" asks Alan Albright, managing principal and specialist in intellectual property litigation at the law firm of Fish & Richardson in Austin, Texas. "That would be the copyright concern…” This concern exists at any school where students have iPods,.... Professors should be aware, Mr. Albright says, of how easy it is today for students to record lectures or any downloadable class materials and broadcast them over the Internet.

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6 Infrastructure to support open educational resources

7 Types of infrastructure Open content infrastructure Policies and guidelines Legal infrastructure

8 Types of infrastructure Open content infrastructure –OpenCourseWare, iLabs, DSpace Policies and guidelines Legal infrastructure

9 Site Highlights  Syllabus  Course Calendar  Lecture Notes  Assignments  Exams  Problem/Solution Sets  Labs and Projects  Hypertextbooks  Simulations  Tools and Tutorials  Video Lectures

10 Legal details Participation by faculty is voluntary Faculty retain copyright, but grant MIT an irrevocable nonexclusive license to include their material in OCW MIT publishes OCW under a Creative Commons license –Attribution –Noncommercial –Share-alike

11 OCW Recognition April 20, 2004 The Webby Awards January 29, 2003 Kyoto (Japan) Digital Archive Project October 15, 2003 Microsoft Internet Biz Solution of Year October 21, 2003 Mass. Interactive Media Council (2) November 10, 2003 InfoWorld 100 Award June 7, 2004 ComputerWorld Honors Program September 29, 2004 Digital Education Achievement Award C E R T I F I E D ……………………… Business Solutions Partner October 18, 2004 MarCom Creative Awards (2)

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15 Other universities are creating their own OpenCourseWare projects

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22 Emerging OCWs Spain U. Politécnica de Madrid U. Santiago de Compostela U. Barcelona U. Islas Baleares U. Rovira i Virgili U. Jaume I U. Murcia U. Alicante U. Politécnica de Valencia U. Autónoma de Madrid U. Complutense de Madrid U. Sevilla Portugal U. Aveiro Vietnam FETP OpenCourseWare India Rai University Somaiya Vidyavihar France Telecom Paris Ecole Polytechnique Techniques Avancées Ponts et Chaussées Ecole des Mines de Paris Chimie Paris Physique-Chimie Agronomie Statistiques et Economie Eaux et Forets Arts et Métiers Japan Keio University Kyoto University Osaka University Tokyo Institute of Technology University of Tokyo Waseda University United States Harvard Law School Berkman Center Johns Hopkins School of Public Health Tufts University University of Michigan School of Information University of Notre Dame Utah State University China (CORE) Peking University Tsinghua University Beijing Jiaotong University Dalian Univ. of Technology Central South University Xi'an Jiaotong University Central Radio & TV Univ. Sichuan University Zhejiang University Beijing Normal University Plus 146 more

23 Open courses available Total OCW Courses Available, 10/03 - 6/05 Other OCWs include: › Johns Hopkins School of Public Health › Tufts University › Utah State University › Japan OCW Alliance › CORE › FETP › ENSTA

24 Worldwide sharing of laboratory courses Used at MIT since Also used for classes in Singapore, Sweden, England, Greece Lab project materials available on OCW

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26 MIT Microelectronics Weblab openilabs.mit.edu

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34 More than 100 DSpace instances

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45 Why should universities support DSpace and OpenCourseWare?

46 Why should universities support DSpace and OpenCourseWare? To help pursue our mission as institutions of higher education and scholarly research.

47 From MIT’s Mission Statement The mission of MIT is to advance knowledge and educate students in science, technology, and other areas of scholarship that will best serve the nation and the world in the 21st century. The Institute is committed to generating, disseminating, and preserving knowledge, and to working with others to bring this knowledge to bear on the world's great challenges.

48 Fundamental Questions about the Role of the Institution OpenCourseWare: What should be the university’s institutional role in disseminating and preserving our educational contributions? DSpace: What should be the university’s institutional role in preserving and disseminating our educational and our research contributions?

49 Why should universities support DSpace and OpenCourseWare? (2) To help pursue our mission as institutions of higher education and scholarly research.

50 Why should universities support DSpace and OpenCourseWare? (2) To help pursue our mission as institutions of higher education and scholarly research. Without initiatives like these, traditional academic values will be increasingly marginalized, and university communities will be increasingly stressed.

51 University of Southern California As an academic institution, USC's purpose is to promote and foster the creation of intellectual property. It is antithetical to this purpose for USC to play any part, even inadvertently, in the violation of the intellectual property rights of others. September 2002, letter to USC students from the Dean of Libraries

52 Many students probably create a work that would infringe a faculty member's copyright, that is, they base their notes on and incorporate her particular expression rather than just state facts and ideas she articulates in more detail. Faculty members have always permitted this kind of activity without actually talking about it. They “implicitly” license students to create a “derivative work” from the lecture. The license is implied through academic tradition -- students are expected to take notes. … Now faculty may wish to make the implied license explicit and add some restrictions. A limited license to take notes could be very important to protecting the intellectual content of lecture materials … University of Texas, Office of the General Counsel, August >

53 The suggested license … Written and verbal instructions at the beginning of class could look something like this: My lectures are protected by state common law and federal copyright law. They are my own original expression and I record them at the same time that I deliver them in order to secure protection. Whereas you are authorized to take notes in class thereby creating a derivative work from my lecture, the authorization extends only to making one set of notes for your own personal use and no other use. You are not authorized to record my lectures, to provide your notes to anyone else or to make any commercial use of them without express prior permission from me. University of Texas, Office of the General Counsel, August

54 Corynne McSherry Who Owns Academic Work? Harvard University Press, 2001

55 Conflating “freedom of inquiry” with “freedom of property” Intellectual property law … embodies the notion that the only forms of cultural work that can be “protected” are those that can be owned. … … the conflation of property rights and “academic rights” participates in a set of discourses … in which freedom can only be understood to mean “individual free enterprise.” In retelling this tale academics risk losing a language for talking about knowledge as other than private property and the university as other than economically “useful.” Corynne McSherry, Who Owns Academic Work? (2001)

56 Why should universities support DSpace and OpenCourseWare? (3) To help pursue our mission as institutions of higher education and scholarly research. Without initiatives like these, traditional academic values will be increasingly marginalized, and university communities will be increasingly stressed.

57 Why should universities support DSpace and OpenCourseWare? (3) To help pursue our mission as institutions of higher education and scholarly research. Without initiatives like these, traditional academic values will be increasingly marginalized, and university communities will be increasingly stressed. To keep a seat at the table in decisions about the disposition of knowledge in the information age.

58 Challenges to universities from the “propertization” of scientific publication Cost Imposition of arbitrary, inconsistent rules Impediments to new tools that could aid scholarly research Danger of monopoly ownership and control of the scientific literature

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60 Scientific literature as property: The basic deal Scientist authors give their property away to the journal publishers. Publishers own this property and all rights to it forever, and they magnanimously allow the scientist author to retain some limited rights that are determined at the publisher’s sole discretion. The university generally gets no specific rights. And the public doesn’t enter into this deal at all.

61 Some rights generously granted to authors by Elsevier the right to include the article in full or in part in a thesis or dissertation (provided that this is not to be published commercially) the right to present the article at a meeting or conference and to distribute copies of such paper or article to the delegates attending the meeting; the right to prepare other derivative works, to extend the article into book-length form, … the right to post a revised personal version of the text of the final article … on the author's personal or institutional web site or server authors.elsevier.com

62 Some rights generously granted to authors by the Journal of the American Chemical Society Authors may distribute or transmit their own paper to not more than 50 colleagues Authors may post the title, abstract (no other text), tables, and figures from their own papers on their own Web sites paragon.acs.org

63 and from the New England Journal of Medicine… The Massachusetts Medical Society is the owner of all copyright to any work published by the Society. … The Society and its licensees have the right to use, reproduce, transmit, derive works from, publish, and distribute the contribution, in the Journal or otherwise, in any form or medium. Authors will not use or authorize the use of the contribution without the Society’s written consent, except as may be allowed by U.S. fair-use law. authors.nejm.org/Misc/MsSubInstr.asp

64 We make this deal because … Maintaining the integrity of the publication process is vital, be it in print or online. … It is not a process that should be ceded to unknown individuals … Copyright should not be ceded to individual authors who would not be able to undertake the job of protecting their work from the introduction of errors. Ira Mellman, Editor, Journal of Cell Biology

65 What’s valuable for promoting the progress of science? Quality publications and a publication process with integrity, certainly. But also … Open, extensible indexes into publications Automatic extraction of relevant selections from publications Automatic compilation of publication fragments Static and dynamic links among publications, publication fragments, and primary data Data mining across multiple publications Automatic linking of publications to visualization tools Integration into the semantic web And hundreds of things no one has thought of yet

66 One publisher’s view We aim to give scientists desktop access to all the information they need, for a reasonable price, and to ensure that the value of the content and the context in which it is presented are reflected in the information provision. The information is made available to researchers under licenses accorded to their institutes, and they have all the access they wish. Private monopoly control of the scientific record.

67 promoting the progress of science and the useful arts Will universities have a seat at the bargaining table? Institutional players jockeying for influence and control For-profit publishers Professional societies Non-profit publishers … selection production authoritative source dissemination indexing data mining review new access tools creation preservation quality assurance

68 Types of infrastructure (2) Open content infrastructure Policies and guidelines –Institutional right to use works –Institutional policies to support open access –Modified publication agreements Legal infrastructure

69 Rice University A faculty member owns the copyrights to scholarly works, … and the University retains the non-transferable, perpetual, non-exclusive right to use such works on a royalty-free basis solely for the University’s education, teaching and research activities, … January,

70 UC Berkeley Scholarly Publishing Statement of Principles We resolve that the Berkeley campus will take the following steps immediately: Retain Faculty Control: The faculty of the University of California, Berkeley will seek to maintain control of their work by retaining intellectual property rights and/or by submitting their work to alternative venues or to publishers who maintain reasonable business practices. Retaining control of one’s scholarly output will allow Berkeley faculty greater freedom to disseminate their work, therefore increasing others’ use of it and maximizing the impact of their scholarship. Endorsed by the Academic Senate, March 2005

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72 The Senate strongly urges tenured faculty to cease supporting publishers who engage in exorbitant pricing, by not submitting papers to, or refereeing for, the journals sold by those publishers, and by resigning from their editorial boards if more reasonable pricing policies are not forthcoming.... The Senate strongly encourages all faculty, and especially tenured faculty, to consider publishing in open access, rather than restricted access, journals … The Senate strongly urges all faculty to negotiate with the journals in which they publish either to retain copyright rights and transfer only the right of first print and electronic publication, or to retain at a minimum the right of postprint archiving. The Senate strongly urges all faculty to deposit preprint or postprint copies of articles in an open access repository such as the Cornell University DSpace Repository or discipline-specific repositories such as arXiv.org.“ Cornell University Faculty Senate, endorsed May,2005

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75 Types of infrastructure Open content infrastructure Policies and guidelines Legal infrastructure –Creative commons

76 © Copyright in one slide Gives the author the following exclusive rights –To reproduce the work –To prepare derivative works –To distribute the work –To perform and display the work publicly Lasts for the life of the author + 70 yrs, or 95 yrs from publication (for a corporation) Automatic since 1978 – works are “born copyright” Ignorance is no defense against copyright infringement. (Copyright is a strict liability regime.) The details are complicated (about 250 pages in the US Legal Code)

77 Copyright law makes it difficult to build on each other’s work all rights reserved © might not be the right choice for all of the people all of the time. This is the default. public domain: no rights reserved might be the right choice for some of the people some of the time. This is surprisingly hard to do. controlled sharing: some rights reserved might be the right choice for more of the people more of the time. This requires lawyers to write and interpret licenses.

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80 Answer three simple questions to choose a license.

81 Then, you’ll get a logo to put on your web page.

82 The logo links to the Commons Deed.

83 The Commons Deed links to the Legal Code.

84 The Legal Code links to the machine-readable code.

85 As of August 2005 –About 53,000,000 web pages link to a CC license, according to Yahoo Copyright Public Domain Creative Commons

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87 Metadata-aware search engine: the Web Search for works you can share and re- use

88 Mozilla Search Box

89 Find me IMAGES of SUNSETS that I can MODIFY:

90 Find me IMAGES of SUNSETS that I can modify: Photo By: Marco Cortesi

91 Reads the code out of the web page:

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97 Over 4.7 million CC-licensed photos on Flickr (Sept. 2005)

98 Internet Archive Free Hosting for CC works

99 ccPublisher.

100 Choose a license.

101 Upload your file.

102 Get a download URL.

103 Your work is online at the Internet Archive.

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108 Science Commons: A Creative Commons Project Mission: enable the creation of an open, accessible commons for scientific knowledge Extend the Creative Commons approach into science –Promote standard legal codes –Create innovative technology applications

109 Science Commons Advisory Board Paul David Professor of Economics, Stanford University / Oxford University Director, Knowledge Networks and Institutions for Innovation Program Michael Eisen Principal Investigator, Life Sciences Division, Lawrence Berkeley National Lab Founder, Public Library of Science Joshua Lederberg 1958 Nobel Prize Winner, Physiology or Medicince Foundational Geneticist Arti Rai Professor of Law at Duke Law School Leading thinker on patents, open source discovery models and institutional designs for licensing Sir John Sulston 2002 Nobel Prize Winner, Physiology or Medicine Led UK efforts in the Human Genome Project

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113 Issues for legal infrastructure Maintain interoperability –Across jurisdictions

114 Benefits of standardization Licenses must be translated into different languages and legal jurisdictions

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117 Australian License Brazil License Japanese License Worldwide pool of content License interoperability

118 Issues for legal infrastructure (2) Maintain interoperability –Across jurisdictions –Across minor license variants Avoid creating “content ghettos”

119 Summary Universities have core institutional reasons to support open educational resources Universities can establish infrastructure that supports open educational resources Everyone can support open resources by using Creative Commons licenses and especially …

120 Thank you! Bravo and congratulations Your work is essential and inspirational, not only for MIT, but for the future of the academe in the Information Age

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122 Wired Magazine, Nov. 2004

123 DSpace Vision –A federated repository that makes available the collective intellectual resources of the world's leading research institutions Mission –Create a scalable digital repository that preserves and communicates the intellectual output of MIT's faculty and researchers –Support adoption by and federation with other institutions Implemented by MIT Libraries staff working together with Hewlett-Packard Laboratories and the World Wide Web Consortium

124 Scientific literature as property: The basic deal Scientist authors give their property away to the journal publishers. Publishers own this property and all rights to it forever, and they magnanimously allow the scientist author to retain some limited rights that are determined at the publisher’s sole discretion. The university generally gets no specific rights. And the public doesn’t enter into this deal at all.

125 Some rights generously granted to authors by Elsevier the right to include the article in full or in part in a thesis or dissertation (provided that this is not to be published commercially) the right to present the article at a meeting or conference and to distribute copies of such paper or article to the delegates attending the meeting; the right to prepare other derivative works, to extend the article into book-length form, … the right to post a revised personal version of the text of the final article … on the author's personal or institutional web site or server authors.elsevier.com

126 Some rights generously granted to authors by the Journal of the American Chemical Society Authors may distribute or transmit their own paper to not more than 50 colleagues Authors may post the title, abstract (no other text), tables, and figures from their own papers on their own Web sites paragon.acs.org

127 and from the New England Journal of Medicine… The Massachusetts Medical Society is the owner of all copyright to any work published by the Society. … The Society and its licensees have the right to use, reproduce, transmit, derive works from, publish, and distribute the contribution, in the Journal or otherwise, in any form or medium. Authors will not use or authorize the use of the contribution without the Society’s written consent, except as may be allowed by U.S. fair-use law. authors.nejm.org/Misc/MsSubInstr.asp

128 We make this deal because … Maintaining the integrity of the publication process is vital, be it in print or online. … It is not a process that should be ceded to unknown individuals … Copyright should not be ceded to individual authors who would not be able to undertake the job of protecting their work from the introduction of errors. Ira Mellman, Editor, Journal of Cell Biology

129 What’s valuable for promoting the progress of science? Quality publications and a publication process with integrity, certainly. But also … Open, extensible indexes into publications Automatic extraction of relevant selections from publications Automatic compilation of publication fragments Static and dynamic links among publications, publication fragments, and primary data Data mining across multiple publications Automatic linking of publications to visualization tools Integration into the semantic web And hundreds of things no one has thought of yet

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133 Will sophisticated research tools Be stillborn by limited access to quality sources? Or Stimulate network effects that lead to further concentration and monopolization of the scientific literature?

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135 One publisher’s view We aim to give scientists desktop access to all the information they need, for a reasonable price, and to ensure that the value of the content and the context in which it is presented are reflected in the information provision. The information is made available to researchers under licenses accorded to their institutes, and they have all the access they wish. Private monopoly control of the scientific record.