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Archive for October, 2009

HEA OER Meeting, London 20 Oct

Posted by christaylor on 27th October 2009

A meeting of all lead centres was held last week in London to share issues and experiences so far.

Here are my thoughts on the day.

All slides/presentations from the meeting available here: http://www.jisc.ac.uk/whatwedo/programmes/elearning/oer/progmtgoct09.aspx

IPR/Legal session- Jason Miles-Campbell, JISCLegal

Jason led an interesting discussion on the legal minefield of OER production, and touched upon areas including:

The extent to which an institution owns its academics’ work. “Was the work created towards the fulfilment of their contract of employment?” seems to be the pertinent question here, though an institution may have specific points in its contracts over certain details; ownership of materials uploaded to its VLE, for instance.

The balance of branding on OERs. On one hand this movement is seen as a good opportunity to increase an institution’s profile online, and provide a good marketing tool to potential students, and on the other I can see there will be a reluctance to use OER material obviously generated and overtly marked by another institution, so a careful balance must be struck. - I’d be interested to hear people’s thoughts on this.

There’s also the issue that any institution logos that appear on CC-licensed OERs will also fall under the CC licence, which will no doubt infringe policy under a Share-Alike CC licence, if there is potential for derivatives to be made.

Use of third-party IPR works within your own (elements that are not covered under the Creative Commons Licence must be very clearly labelled as such).

The merits of a standard IPR Clearance pro-forma to enable prompt completion. This was deemed unnecessary, though recommendations on specific legalese to include were offered:

“I hereby confirm that the materials specified above were created in the course of my employment at the University of…”

“I hereby agree to the licensing of the materials stated above under the Creative Commons BY-NC-SA Licence for England & Wales”

“I have not previously assigned my rights nor granted an exclusive licence which would be incompatible with Creative Commons licensing.”

“I confirm that all inclusions which are or may be subject to third party intellectual property rights have been marked and acknowledged appropriately.”

“I confirm that any personal information relating to a living, identifiable person has been marked as such.”

The grey area of re-drawing copyrighted diagrams was also discussed, the outcome of which was that whilst it is ok to re-present data in a form not previously illustrated, direct copying of an image or diagram is NOT advisable.

[Edit 3-11-09]“As long as you can show you have redrawn something, rather than just copied the original (i.e. ‘copy and paste’ copy), copyright protects your own material as interpretation of the original, as long as you don’t try to palm it off as the original - the changes perceived have to be more than just a few colour alterations and typo corrections, but at the same time can accurately represent the original. Such copyrights you have probably seen already, e.g. ‘K.J. Caley, after C. Taylor’ would be the format.” - Kevin Caley, Project Partner, University of Nottingham.

Proof of rights status of all incoming IPR should be documented and kept. An example was given of a Flickr image previously marked as CC’d subsequently having its licence altered to © All Rights Reserved. It was deemed that whatever licence was applied at the time the image was taken is the valid one (although there may be a burden of proof on this).

A very useful set of comprehensive notes on the session from Sharon Waller of the HEA are available here: http://www.jisc.ac.uk/whatwedo/programmes/elearning/oer/~/media/JISC/programmes/elearningcapital/Notes%20IPR%20and%20Legal%20Issues201009.ashx

SCORE Support Centre for Open Resources in Education

http://labspace.open.ac.uk/course/view.php?name=SCORE

Based at the Open University, and only recently formed, SCORE seems to be aiming to position itself as another national support centre for all interested in OERs.

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Elluminate JISC IPR for OER session 2009-10-13

Posted by christaylor on 14th October 2009

My thoughts from yesterday’s virtual meeting with JISC:

The Creative Commons Licence plug-in for Microsoft Office apps looks useful for those of you converting PowerPoint presentations.

Jackie Milne, Upstream IPR

JISCLegal OER page was mentioned: http://www.jisclegal.ac.uk/Projects/OpenEducationalResources.aspx

Comments/suggestions were asked for from PMs on possible content for forthcoming JISCLegal webcast.

Accessibility Law, Disability Equality Duty (http://www.dotheduty.org/) and the Disability Discrimination Act 1995 (http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068) were mentioned.

Issues discussed around the Data Protection Act also, for any projects carrying information on identifiable living individuals.

Orphan Works

All reasonable steps to find and contact owners must have been taken before deciding to use these, and this is still not without risk. All steps must be recorded documented clearly to minimise risk, and infringement and subsequent liability will generally lie with the employer/HEI.

IP Office website has further info on risk management, and the possibilities of making orphan works available under licence: http://www.ipo.gov.uk/c-policy-orphanworks.htm

Sect.30 of the 1988 Copyrights, Designs and Patents Act was mentioned (http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_3) , with regard to using orphan works, but found not to be appropriate for OERs, as only partial works may be reproduced for review or criticism.

Liam Earney, JISC Collections

JISC Casper templates: http://jisc-casper.org/

JISC SCA Risk Management publications: http://www.jisc.ac.uk/publications/documents/elearningrepositoriesbpv1.aspx

Naomi Korn, IPR Consultant

CC licence potentially not suitable for software, particularly with regard to release of source code, Open Source licence more appropriate.

Creative Commons add-in mentioned for MSOffice apps.

Office 2003: http://www.microsoft.com/downloads/details.aspx?displaylang=en&FamilyID=113b53dd-1cc0-4fbe-9e1d-b91d07c76504

Office 2007: http://www.microsoft.com/downloads/thankyou.aspx?familyId=d1ddbdc8-627f-415a-9b0a-97362bc9b480&displayLang=en

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