Amber%20Thomas%20(JISC)%20and%20Liam%20Earney%20(JISC%20Collections)

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OER programme legal considerations

• Amber Thomas (JISC) and Liam Earney (JISC
  Collections)

http//ie-repository.jisc.ac.uk/281/
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Introduction

• What you need to think about
• Overall legal considerations for projects
• Open licensing
• Issues and Challenges

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Legal considerationsall projects

• Read Legal Planning for JISC Projects and
  Process guidance

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Legal considerationsspecific to OER projects

• If you will be working with other
  institutions/organisations
• You should check the guidance on consortium
  agreements and make sure that you are clear on
  ownership of, and responsibilities for, content
  and metadata
• Ownership of resources created by staff
• If you havent already, you should plan to check
  what the IPR clauses are in your employment
  contract / staff handbook relating to the staff
  creation of learning materials. Guidance from
  JISC Legal will be available soon
• If you will be hosting the resources at an
  institution
• You should plan a procedure for handling rights
  approaches to the deposit process, moderation,
  notice and takedown. See JISC Repository Support
  Project guidance and additional guidance from
  web2rights will be available soon

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Open licensing

• The purpose of these projects is to release their
  outputs, in a sustainable way, under open
  content licences
• We recognise that not all learning materials
  could or should be open. For example there may be
  sensitivity around medical images or high stakes
  assessment items
• However there are many learning materials that
  can be made open as long as rights are cleared.
  These are the focus of this Programme
• Projects that do not release their outputs to the
  world do not meet the criteria for this Call
• However we dont expect you to have all the
  answers yet
• There is support available and we want you to
  share your learning.

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Open licensingwhat does open mean?

• Access
• Redistribution
• Source
• Reuse
• Absence of technological restrictions
• Attribution
• Integrity
• No discrimination
• Distribution of licence
• Independence
• No restriction on other works
• This list is based on definitions of open
  knowledge and open source software. See
  Guidance on Open Licences

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Open licensingCreative Commons Licences

• How do CC licences work for OERs
• Absence of technological restrictions what if
  you want to manage content within a
  password-protected system, can you use CC
  licences? You can as long as the content is also
  available freely elsewhere, it can be managed in
  VLEs or closed filestores
• in perpetuity means that one a resource is
  tagged with that licence, it can be used under
  the terms of that licence forever it is
  irrevocable. You can delete it from the platform
  but if someone has saved it somewhere they can
  carry on using it under the terms of the licence
• no derivatives people can copy, cite and link
  to your learning resource surely you also want
  them to be able to repurpose it for their own
  learning and teaching?
• non commercial does this mean competitive
  advantage? re-use for marketing? There is no case
  law in education yet
• There are further variations of CC licences that
  you are
  very welcome to explore

This information is not in the call documentation
because it is new
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Open licensingJISC Open Education Licence

• What is the JISC Open Education Licence for? Is
  it the same as CC?
• The ethos of this licence is the same as CC
• Part of the rationale for this licence is to be
  more explicit than CC about the things that users
  can do in an educational context
• The language of this licence maps more closely to
  the JISC model licence so its useful for
  negotiating with publishers who have released
  content under the model licence
• It is compatible with CC you can use this
  licence to clear third party rights (licensing
  in), and then put a CCbync or similar on the
  final resource (licensing out)

This information is not in the call documentation
because it is new
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Open licensingand JorumOpen

• Jorum will have three licensing regimes
• JorumOpen open to the world and will accept CC,
  JISC Open Education UK, and other open licences
• Jorum Education UK restricted to the UK FE/HE
  through the UK Access Management Federation. It
  will probably have a custom licence
• JorumPlus bespoke access with a range of
  licensing arrangements to suit particular
  requirements
• Content that meets the legal requirements of this
  Programme will also meet the legal requirements
  of JorumOpen
• Depositors take full responsibility for the
  content they deposit on JorumOpen, just as they
  would on web2.0 services such as slideshare,
  youtube, flickr etc
• Anyone will be able to search, browse, download
  and use content on JorumOpen, under the license
  terms of each piece of content

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Summary

• Watch this
• http//www.web2rights.org.uk/ animation
• Read these
• Legal Planning for JISC Projects and Process
  guidance
• Call Briefing Document
• Guidance on Open Licences
• Remember
• IPR will be a major part of your project, so plan
  for it
• IPR management is as much about processes as it
  is about licences, so build it into the workflows
  from the beginning
• Support will be available throughout the
  Programme we will all be learning together about
  the IPR issues involved in open content release
  on such a big scale