1 Fair Use Code in OCWs

OER on Fair Use: A Collaboration toPush Boundaries February 6, 2009Lindsey Weeramuni

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Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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“To open up the institution’s vast reservoirs of knowledge

is a monumental and inspiring endeavor.”

— Student, Canada

Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

2. the nature of the copyrighted work;3. amount and substantiality of the portion used in relation to the

copyrighted work as a whole; and 4. the effect of the use upon the potential market for or value of

the copyrighted work.

Purpose and Goals

Section 107: The Four Factors

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Purpose and Goals

Today’s meeting:

• What are we doing?

•Claiming the fair use exception in our open educational

resources.

•Why haven’t we done this before?

•Risk in isolation is scary!

• How can you help?

•Offer ideas for research questions.

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Purpose and Goals

Key Questions

• Do you employ fair use in your OER?

• Why or why not?

• Are you familiar with the Documentary Filmmakers’ statement about

fair use?

• Are you interested in developing a similar document for OERs?

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Purpose and Goals

The Goal

• Create a Code of Best Practices in Fair Use for Open Courseware.

• Such a Code makes public tacit understanding of what is a fair

interpretation of fair use for the open courseware environment. Doing

so lowers both ambiguity and risk, and increases awareness.

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“Figure removed due to copyright restrictions.”

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“OCW motivates my students and gives them

access to a wider knowledge base."

— Educator, India

Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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Why now?

How We Got Here Today

• Gatekeepers at MIT are very conservative

•Open sharing via CC license precludes a fair use claim

•MIT OCW published under a unified CC BY-NC-SA license

• Then we talked to Yale

•“Community of users” approach was the way to go

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“The future of our global village looks bright to mewhen I see this knowledge opened to one and all.”

— Self learner, United States

Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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Scope and Timeframe

Who is in this group?

American University Center for Social Media (consultants)

Creative Commons

Johns Hopkins School of Public Health

MIT

Tufts University

UC Berkeley

University of Michigan

University of Notre Dame

Yale University

…and special thanks to the Hewlett Foundation

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Scope and Timeframe

AU Center for Social Media

FilmmakersOnline video

Media literacy

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Scope and Timeframe

How long will it take?

February:Kick off project

February – April:Research & Interviews

Late April:Report on findings

May:Draft Code

Late July:Legal review of Code

September:Code released

Summer:Could we do this?

MIT and Yale talk

September:OpenEd

Birds-of-a-FeatherOct. 7

First conference call

Oct. 29Peter Jazsi joins

second conference call December:Hewlett grant

submitted

2008

2009

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“OCW is inspiring me to push harder and enjoy learningwith the assurance that I'm getting the best."

— Student, Nigeria

Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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Methodology

Plans

•Remote communication

•Long-form interviews and research

•Work done in Basecamp

•Collated by Peter and Patricia

•Convene all parties in late spring to draft the Code

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Methodology

Progress to Date

•Idea hatched at OpenEd

•Two group teleconferences so far

•Internal communication with stakeholders on campus

•February 10: Kick-off teleconference

•Selecting research subjects

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“This is an incredible opportunity to get the feelingthat I am still in a university campus!”

— Self learner, United Arab Emirates

Purpose and Goals

Why now?

Scope and Timeframe

Methodology

Potential Conflicts / Opportunities

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Potential Conflicts /

Opportunities

Local Details to Consider

Issues for each member to explore:

•For producer

•For institution: conflicts with other groups on campus?

•For process

• MIT example: a fourth approach to IP?

• Efficient or not?

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Potential Conflicts /

Opportunities

Your Input Here!

•Research questions?

•Stories of omitted content?

•Too much IP in the content?

•How would you anticipate using a fair use statement?

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Thank You!

Visit MIT OpenCourseWare online athttp://ocw.mit.edu

Email Lindsey Weeramuni at lweera@mit.edu