General information and guide to resources on the topic of copyright, fair use, public domain, and Creative Commons licensing.

1. Copyright, Fair Use, and Creative
Commons Licensing for Educators
1
Guest: Billy Meinke, Distance Course Design & Consulting group,
College of Education, UH Manoa
Sunyeen (Sunny) Pai, Digital Initiatives Librarian
Kapi`olani Community College
March 10, 2016
Unless otherwise indicated, Copyright, Fair Use, and Creative Commons Licensing for Educators
by Sunyeen Pai and Billy Meinke is licensed under a Creative Commons Attribution 4.0 International
License.

2. Please note
2
This is not legal advice
on copyright and licensing
We’ll review informational resources that may
help you make decisions about your work.

3. Adapted from The Power of Open: The Learning, Business, & Policy Case for
OER by Cable Green / CC-BY
Not protected
by copyright
Can be used
freely. freely
All rights
reserved. Need
to ask
permission.
Fair Use
Teach Actly
3

4. Public domain
4
• Works not copyrightable or under copyright
• Most works by the US Federal Government
– Does not apply to works by grant recipients or
contractors
• Works for which copyright has expired
–Under US law, public domain 70 years after
the death of the author.
All works published in the US before 1923
http://fairuse.stanford.edu/overview/public-domain/
http://knowyourcopyrights
Coursera.org: Copyright for Educators and Librarians CC-BY!!

5. Public domain
5
• Works for which copyright has expired
- Works published before 1964 for which
copyrights were not renewed.
- Works published without a copyright notice in
the US before March 1, 1989.
- Works designated public domain by owner
http://fairuse.stanford.edu/overview/public-domain/
http://knowyourcopyrights
http://www.publicdomainsherpa.com/calculator.html

6. Copyrighted materials
6
• Monopoly created by law to give authors and
creators a set of exclusive rights over the
things they create.
• Copyright exists as soon as creative
expression is fixed in tangible form
• The creator or author may be asked to
transfer to a publisher, relinquishing their
own rights over the material
Coursera.org: Copyright for Educators and Librarians, https://www.coursera.org/learn/copyright-for-
education

7. The Rights
7
• Owner reserves rights to
– Reproduce
– Prepare derivative works (e.g. editions, translations,
sequels)
– Distribute copies
– Perform in public
– Display the work publicly
– Perform in public through digital audio transmission
• An owner can both give a right and keep the right,
“grant a permission”
Coursera.org: Copyright for Educators and Librarians,
https://www.coursera.org/learn/copyright-for-education

8. How can you tell if something is in the
public domain?
8
• Help with the rules of the US law:
– http://librarycopyright.net/resources/genie/
• Help with works published before 1964 for
which copyright was not renewed:
– http://collections.stanford.edu/copyrightrenewals/bin/pa
ge?forward=home
• Is it in the public domain yet?
– SHERPA (open scholarship):
http://www.publicdomainsherpa.com/calculator.html
Website tips courtesy of Billy Meinke and Susan Jaworowski, Kapiʻolani CC

9. 9
http://librarycopyright.net/resources/genie/genie.php
American Library Assn. Office for Information Technology Policy

10. IF it is NOT in the public domain and is
copyrighted (and is NOT OER)
10
• Assess if your use may fall under Fair Use
• Link when possible and don’t make copies
– Link to articles in library databases (already paid
for, handsomely)
– Institutional repositories, author’s homepages,
open access journals
• Ask for permission from the copyright holder
– Need to be specific about the requested rights

11. Quiz 1
11
Do you need permission to copy, alter, and distribute
works in the public domain?
◻ Yes
◻ No

12. § 107 . Limitations on exclusive rights: Fair use
12
“Notwithstanding the provisions of sections 106 and
106A, the fair use of a copyrighted work, including
such use by reproduction in copies or phonorecords
or by any other means specified by that section, for
purposes such as criticism, comment, news
reporting, teaching (including multiple copies for
classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether
the use made of a work in any particular case is a
fair use the factors to be considered shall include...”
http://www.copyright.gov/title17/92chap1.html#107

13. Fair Use: Purpose and character
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• “(1) the purpose and character of the use,
including whether such use is of a commercial
nature or is for nonprofit educational
purposes”
• In favor:
– Teaching at a nonprofit education institution
– Better if access is restricted to your students
http://www.copyright.gov/title17/92chap1.html#107
http://www.knowyourcopyrights.org/

14. The nature of the copyrighted work
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• “(2) the nature of the copyrighted work”
• In favor:
– Fact-based, published, or out-of-print
http://www.copyright.gov/title17/92chap1.html#107
http://www.knowyourcopyrights.org/

15. Amount and substantiality
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• “(3) the amount and substantiality of the
portion used in relation to the copyrighted
work as a whole”
• In favor:
– Using a small portion of a whole
• Not in favor:
– The essence of a work or the entire book
http://www.copyright.gov/title17/92chap1.html#107
http://www.knowyourcopyrights.org/

16. Market effect
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• “(4) the effect of the use upon the potential
market for or value of the copyrighted work”
• In favor:
– It won’t affect book sales negatively
• Not in favor:
– Scanning chapters from a commercial textbook
http://www.copyright.gov/title17/92chap1.html#107
http://www.knowyourcopyrights.org/

17. Golden Rule of Fair Use
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“If you were the copyright holder, would you
see the use as fair and not expect to be asked
for permission?”
Assn. of Research Libraries: http://www.knowyourcopyrights.org/

18. 18
http://librarycopyright.net/resources/fairuse/index.php
American Library Assn. Office for Information Technology Policy

19. Quiz #2
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2. Fair Use balances the rights of the
1. Creator
2. Educator
3. Copyright owner (if not the creator)
4. All of the above

20. Information and tools
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• Information:
– Overview of copyright law: http://www.copyright.gov/title17/92chap1.html
– Fair use: http://www.copyright.gov/title17/92chap1.html#107
– US Copyright Office brochure: http://www.copyright.gov/circs/circ21.pdf
– Coursera.org: Copyright for Educators and Librarians (free MOOC),
https://www.coursera.org/learn/copyright-for-education
– Stanford University Library: http://fairuse.stanford.edu/
– Assn. of Research Libraries: http://www.knowyourcopyrights.org/
– Copyright Clearance Center and Teach Act: http://www.copyright.com/ ;
https://www.copyright.com/Services/copyrightoncampus/basics/teach.html
• Tools:
– SHERPA (open scholarship):
http://www.publicdomainsherpa.com/calculator.html
– Stanford University Library: http://fairuse.stanford.edu/charts-and-tools/
– Fair Use Evaluator: http://www.librarycopyright.net/resources/fairuse/
– Cornell University, Copyright Terms and the Public Domain in the United States
by Peter Hirtle - http://copyright.cornell.edu/resources/publicdomain.cfm

21. Open Educational Resources
21
• Reside in the public domain OR
• The copyright owner has released them under
an open license* that permits their free use
and re-purposing by others
*A license specifies what can and cannot be done with a work. It
grants permissions and states restrictions.
Washington State Board for Community and Technical Colleges, OER. How to Use Open
Educational Resources

22. What is an open license?
22
• Broadly speaking, an open license grants
permission to access, re-use and redistribute a
work with few or no restrictions.
Sources:
Open Definition: http://opendefinition.org/od/
Open Content Definition: http://www.opencontent.org/definition/
5 R’s Framework
Reuse | Revise | Remix | Redistribute | Retain
-David Wiley

23. Copyright extension
23
Copyright (and patents) were intended to give creators exclusive rights to their work
for a length of time long enough to incentivise the creation of new work.

24. Happy Birthday song
24
Finally in the public domain as of
Sep 2015!
Copyright “owned” by
Warner/Chapel, raking in $2b
per year. Charge was $1,500-
5000 per use.
Originally written in 1890’s, not
published formally til 1920’s.
Example of copyright being used
for the wrong reason, or in the
wrong way.

25. Creative Commons, the org
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• Founded in 2002
• Roots in the free &
open source
software movement
• Over 1 billion CC-
licensed works to
date
https://stateof.creativecommons.org/2015/

26. Conditions of a CC license
26
You can reuse my work, but you must follow the
conditions required as part of the license I chose.
BY = attribution (always!)
SA = ShareAlike
NC = NonCommercial
ND = NoDerivs
For more, see: http://creativecommons.org/licenses/

27. Spectrum of Openness
27
Public Domain
CC0
CC BY
CC BY-SA
CC BY-NC
CC BY-ND
CC BY-NC-SA
CC BY-NC-ND
All rights reserved
more open
less open

28. Giving proper attribution (1/2)
28
TASL = Title, Author, Source, Link
more information: https://wiki.creativecommons.org/wiki/Best_practices_for_attribution
When reusing OER,
as a condition of a
CC license, you
must give credit to
the creator or
copyright owner.
Example (click)

29. Giving proper attribution (2/2)
29
TASL = Title, Author, Source, Link
more information: https://wiki.creativecommons.org/wiki/Best_practices_for_attribution

30. Getting a CC license
30
For more see: http://creativecommons.org/choose
Pick your terms, which leads to a
license, and fill in optional
information about you and your
work.
Can export text for copy-and-paste,
also HTML for Web-enabled rights
expression. Google, Yahoo, Bing
like this.

31. Things to note about CC licenses
31
• They are irrevocable - What is released under a
CC license stays under a CC license
• You can re-release a work under a new license,
but previous copies will retain the license they
were shared under
• You can only CC license works that you have the
rights to (which is important for collab!)

32. What if you are the creator and work at UH?
32
• Hawaii Revised Statutes
– Title 20, Chapter 3 UH Patent and Copyright Policy:
http://www.hawaii.edu/offices/bor/adminrules/chapter03.pdf
• UH Policies on Copyright / UHPA Contract
– E5.500: http://hawaii.edu/policy/archives/ep/e5/e5500.pdf
– A5.501: http://hawaii.edu/policy/archives/apm/a500/a5501.pdf
• Applies to faculty and staff
• Is affected, in the case of grants, by the grantor’s licensing
guidance
• In the case of “works for hire”, sometimes the institution
holds copyright.
Thanks to conversations & emails with Susan Jaworowski, Kapiʻolani CC, Brian Huffman, UH
Mānoa Law Library, and Sara Lee, UH Mānoa Library

33. C4ward certification
◻Write a reflection statement about OER
◻One of the following:
⬜Review an OER resource using the review
template
■A textbook, a chapter, a website, a video, etc.
■Share your review in the UH OER Repository.
⬜Create an OER resource to be used in a class.
■License it with a Creative Commons License in
consultation with a Librarian.
■Share your OER
⬜Create an activity plan
33

34. Thank you!!
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Questions?
Sunny Pai: sunyeen@hawaii.edu
Check out: http://oer.hawaii.edu
http://oerkapiolani.weebly.com