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CURATION,
COPYRIGHT & LAW
eLearning Guild: Spotlight on Curation
Ben Betts
Learning Pool CPO
2
I AM NOT YOUR
LAWYER!
We will try to stick to a
combination of facts and the
moral high ground.
This should NOT be taken as
legal advice...
Get ready to raise
your virtual
hands...
4
1. Is this stealing other people’s content?
5
2. Is this stealing other people’s content?
6
3. Is this stealing other people’s content?
7
4. Is this stealing other people’s content?
8
1. Typically, I’d call this linking and I think is
mostly OK
9
2. If it has an embed widget, and no license
issues… OK I think
10
3. This is probably stealing, unless heavily cited /
permission granted
11
4. Is it accurately cited? What percentage is original
content?
12
Three Principles
1. Check the license…
2. Apply the principles of fair usage.
3. Keep the moral high-ground.
Our first principle...
1. Check the license
14
Can you use a TED talk?
TED Talks under Creative Commons license
Commercial cases: Using a TED talk in a commercial context (on an intranet system,
at a company event, in training materials, within a TED branded video offering or
editorial program, and more), requires a license. You’ll need to fill out their media
licensing request form to inquire about licensing TED content.
Non-commercial cases: We encourage you to share TED Talks that are licensed for
distribution under our Creative Commons license Attribution-Non-Commercial No
Derivatives (or the CC BY - NC - ND 4.0 International) which means it may be
shared by following a few requirements.
15
Certain TED Talks that are licensed to TED, such as performances and or other talks
that we have shared but not created may not be distributed.
● Attribute TED as the owner of the TED Talk and include a link to the talk, but do
not include any text that shows TED endorses your website or program.
● Do not use the TED site content for any commercial purposes, for sale,
sublicense or in an app of any kind for advertising, or in exchange for payment
of any kind.
● You cannot remix, create derivative work or modify the TED site content in any
way.
● You may not add any further more restrictions that we have provided to the
TED site content, such as additional legal restrictions, or charge any fees or
technological restrictions to accessing the content.
Embedding TED Talks on your blog or site:
16
● Type of site/company: Bloggers, news/information websites and non-profits
(by which we mean: registered 501(c)3 organizations in the United States, and
the equivalent in all other countries), may share one or more TED Talks under a
Creative Commons license.
17
What about when it’s on YouTube?
You agree not to access Content for any reason other than your personal, non-
commercial use solely as intended through and permitted by the normal
functionality of the Service, and solely for Streaming.
“Streaming” means a contemporaneous digital transmission of the material by
YouTube via the Internet to a user-operated Internet-enabled device in such a
manner that the data is intended for real-time viewing and non intended to be
downloaded (either permanently or temporarily), copied, stored, or redistributed
by the user.
18
Creative Commons Licensing
BY You must attribute who made this - who is it
‘by’?
SA You must release derivative works as this one -
‘ShareAlike’
NC You cannot sell this (or derivative works) - Non-
Commercial
ND You cannot modify this - No-Derivative
19
So, if you saw this…?
20
What about this…?
21
Creative Commons license use
22
OK, so what about Learning Solutions Mag?
23
Quick Challenge
Can you find a policy relating to
Learning Solutions Magazine with
regards to curating content?
www.learningsolutionsmag.com
24
2. Apply the principles
of fair usage.
25
Is it factual or creative?
26
Is it a significant part of
the whole?
27
Does it damage the
market for the original?
I believe that...
28
If you use a significant part of a creative work and
lessen the value of the original in the process, that
is not fair.
2929
3. Keep the moral high-
ground
30
Joe Ganci - “I’ve had this occur in many forms. In the 1990s, I wrote the first of four books on
Macromedia Authorware. Within days, I found download sites hosted in China with the complete
contents of my book. Mind you, these were printed books so they had bought the book first.”
Julie Dirksen - “I had a bright young marketing thing create a presentation comprised of graphics and
material from my book, mixed in with stuff from Kathy Sierra, Stephen Anderson and Sebastian
Deterding. She put out names in her reference page at the end, but didn’t credit any of the specific
material in the presentation itself. There was little or no original content from her.”
Cathy Moore - “A few examples: Two sites republished my RSS feed and stripped my byline, basically
presenting my content as theirs. They stopped scraping mind when I told them to, saying they
assumed it was OK.”
Clark Quinn - “Like Cathy, I had a site snag my posts without asking. They took it down once I asked,
but apparently had not done so for others. No apologies - ‘an error in the system’ - yeah, right. Another
time, a University consortium re-published an article Jay Cross and I had written with no links to us.
They remedied, once called out, but insisted no harm was done. “
31
Keeping on the high-ground
1. Ask permission.
2. Don’t overuse one source.
3. Cite your sources!
This works both ways if you are an author...
32
If you create / publish original content...
1. Do you make it easy for people to ask permission?
2. Do you make it easy for people to grab a ‘snippet’
or widget?
3. Do you provide a citation?
33
What about User Generated Content?
Thank you
34

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Curation, copyright and law

  • 1. 1 CURATION, COPYRIGHT & LAW eLearning Guild: Spotlight on Curation Ben Betts Learning Pool CPO
  • 2. 2 I AM NOT YOUR LAWYER! We will try to stick to a combination of facts and the moral high ground. This should NOT be taken as legal advice...
  • 3. Get ready to raise your virtual hands...
  • 4. 4 1. Is this stealing other people’s content?
  • 5. 5 2. Is this stealing other people’s content?
  • 6. 6 3. Is this stealing other people’s content?
  • 7. 7 4. Is this stealing other people’s content?
  • 8. 8 1. Typically, I’d call this linking and I think is mostly OK
  • 9. 9 2. If it has an embed widget, and no license issues… OK I think
  • 10. 10 3. This is probably stealing, unless heavily cited / permission granted
  • 11. 11 4. Is it accurately cited? What percentage is original content?
  • 12. 12 Three Principles 1. Check the license… 2. Apply the principles of fair usage. 3. Keep the moral high-ground.
  • 13. Our first principle... 1. Check the license
  • 14. 14 Can you use a TED talk? TED Talks under Creative Commons license Commercial cases: Using a TED talk in a commercial context (on an intranet system, at a company event, in training materials, within a TED branded video offering or editorial program, and more), requires a license. You’ll need to fill out their media licensing request form to inquire about licensing TED content. Non-commercial cases: We encourage you to share TED Talks that are licensed for distribution under our Creative Commons license Attribution-Non-Commercial No Derivatives (or the CC BY - NC - ND 4.0 International) which means it may be shared by following a few requirements.
  • 15. 15 Certain TED Talks that are licensed to TED, such as performances and or other talks that we have shared but not created may not be distributed. ● Attribute TED as the owner of the TED Talk and include a link to the talk, but do not include any text that shows TED endorses your website or program. ● Do not use the TED site content for any commercial purposes, for sale, sublicense or in an app of any kind for advertising, or in exchange for payment of any kind. ● You cannot remix, create derivative work or modify the TED site content in any way. ● You may not add any further more restrictions that we have provided to the TED site content, such as additional legal restrictions, or charge any fees or technological restrictions to accessing the content.
  • 16. Embedding TED Talks on your blog or site: 16 ● Type of site/company: Bloggers, news/information websites and non-profits (by which we mean: registered 501(c)3 organizations in the United States, and the equivalent in all other countries), may share one or more TED Talks under a Creative Commons license.
  • 17. 17 What about when it’s on YouTube? You agree not to access Content for any reason other than your personal, non- commercial use solely as intended through and permitted by the normal functionality of the Service, and solely for Streaming. “Streaming” means a contemporaneous digital transmission of the material by YouTube via the Internet to a user-operated Internet-enabled device in such a manner that the data is intended for real-time viewing and non intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.
  • 18. 18 Creative Commons Licensing BY You must attribute who made this - who is it ‘by’? SA You must release derivative works as this one - ‘ShareAlike’ NC You cannot sell this (or derivative works) - Non- Commercial ND You cannot modify this - No-Derivative
  • 19. 19 So, if you saw this…?
  • 22. 22 OK, so what about Learning Solutions Mag?
  • 23. 23 Quick Challenge Can you find a policy relating to Learning Solutions Magazine with regards to curating content? www.learningsolutionsmag.com
  • 24. 24 2. Apply the principles of fair usage.
  • 25. 25 Is it factual or creative?
  • 26. 26 Is it a significant part of the whole?
  • 27. 27 Does it damage the market for the original?
  • 28. I believe that... 28 If you use a significant part of a creative work and lessen the value of the original in the process, that is not fair.
  • 29. 2929 3. Keep the moral high- ground
  • 30. 30 Joe Ganci - “I’ve had this occur in many forms. In the 1990s, I wrote the first of four books on Macromedia Authorware. Within days, I found download sites hosted in China with the complete contents of my book. Mind you, these were printed books so they had bought the book first.” Julie Dirksen - “I had a bright young marketing thing create a presentation comprised of graphics and material from my book, mixed in with stuff from Kathy Sierra, Stephen Anderson and Sebastian Deterding. She put out names in her reference page at the end, but didn’t credit any of the specific material in the presentation itself. There was little or no original content from her.” Cathy Moore - “A few examples: Two sites republished my RSS feed and stripped my byline, basically presenting my content as theirs. They stopped scraping mind when I told them to, saying they assumed it was OK.” Clark Quinn - “Like Cathy, I had a site snag my posts without asking. They took it down once I asked, but apparently had not done so for others. No apologies - ‘an error in the system’ - yeah, right. Another time, a University consortium re-published an article Jay Cross and I had written with no links to us. They remedied, once called out, but insisted no harm was done. “
  • 31. 31 Keeping on the high-ground 1. Ask permission. 2. Don’t overuse one source. 3. Cite your sources! This works both ways if you are an author...
  • 32. 32 If you create / publish original content... 1. Do you make it easy for people to ask permission? 2. Do you make it easy for people to grab a ‘snippet’ or widget? 3. Do you provide a citation?
  • 33. 33 What about User Generated Content?