Archive for the 'copyright' Category

Working Session on International Copyright Exceptions and Limitations at OCWC Global 2009

You may have heard rumors that some of the US OCW producers have been working on a project to explore issues of Fair Use in Open Educational Resources.  Fair Use is the US version of a phenomena more generally known as Copyright Exceptions and Limitations, and most OCW projects have started out with the conservative assumption that they don’t get much fair use coverage.  Some lawyers are starting to say otherwise, however, so the Fair Use Working Group is gathering data about how OERs in the US are negotiating Fair Use.  The hope is to publish a Code of Best Practice for OER later in the year.

But the OCWC is a global consortium, so the Fair Use project is only one part of a larger initiative to explore the implications of Copyright Exceptions and Limitations (CELs) for OER’s.  We’ve started a wiki page for this larger initiative entitled Copyright Exceptions and Limitations, where you can see a conceptual map for the larger project as we see it so far.  You’ll also see a link to a draft page for gathering data about CELs in different legal jurisdictions.  Use the comment tabs on either page to share your ideas!  We’ll be hosting a working session on International Copyright Exceptions and Limitations at the OCWC Global Meeting in Monterrey, Mexico next month, with Ahrash Bissell from CC Learn as our facilitator.  At the session we’ll discuss what additional data it would be useful to gather and walk through the data gathering process.

A Code of Best Practices in Fair Use for Open Courseware

Corona of the Sun during a Solar Eclipse (No Known Copyright Restrictions)

Corona of the Sun During a Solar Eclipse (No known copyright) (from flickr commons: http://flickr.com/photos/smithsonian/2534500722/)

A Note from the Fair Use on Open CourseWare team:

All of us have been frustrated by problems with third-party rights for open courseware materials. We know that if we could clarify when fair use applies, we could vastly expand the utility of what we do. And we know that in other cases, creative communities have done that. For instance, documentary filmmakers now find that insurers accept their claims of fair use, because they created a code of best practices in fair use. Similarly, media literacy teachers now can teach without fear, because they created a code of best practices in fair use. These codes of best practices were coordinated by Profs. Peter Jaszi and Pat Aufderheide, through the Center for Social Media and the Washington College of Law at American University.

We need a code of best practices in fair use for open courseware. A group of representatives at some of the open courseware universitiesMIT, Tufts, Johns Hopkins School of Public Health, University of Michigan, Yale, Notre Dame, Berkeley, Creative Commons—have started a project to do this, in coordination with Jaszi and Aufderheide, and with financial support from the Hewlett Foundation and from each of our universities. Each of the eight participating universities’ staff has set aside some part of their workload for this job.

Are you interested in helping to shape a code of best practices in fair use for open courseware? You can participate at several levels. If you would like to become a researcher on the project, just let Lindsey Weeramuni (lweera@mit.edu), the project’s coordinator know. Do you have a story to tell? Write Jaszi and Aufderheide at socialmedia@american.edu and we’ll connect you. Do you think your organization would eventually like to become a signatory? Let Lindsey know and we’ll be in touch when the document has been crafted, for your participation.

We hope to complete this work by September 1, so that the 2009-2010 school year can be a great one for open courseware.

Other questions or comments can also be directed here at open.michigan@umich.edu

Stanford Engineering launches OCW site

From the Creative Commons site:

Emulating MIT and a host of other OCW institutions, the Stanford School of Engineering has jumped on the OER bandwagon by releasing ten of its courses online in multiple formats. The pilot open courseware portal, known as Stanford Engineering Everywhere (SEE), is Stanford’s first move towards offering full-length course videos and other materials online for free and open use. SEE’s current ten course offerings consist of “instruction videos, reading lists and materials and class assignments” in three subject areas: computer science, artificial intelligence, and linear systems and optimization.

All course materials are open for re-use under CC BY-NC-SA. The general site content on Stanford Engineering Everywhere is licensed CC BY.

Visit the Stanford Engineering Everywhere site.

Not Again!

Very nice article by Noam Cohen in Sunday’s NYT about Connexions, an OCWC affiliate member and leader in the open textbook movement. Cohen starts with an account of R. Preston McAfee’s decision to allow free downloads of his economics textbook (or low-cost print-on-demand from Lulu and Flat World Knowledge) rather than with a traditional publishing house. McAfee is protesting both the high price of traditionally-published textbooks and their market-driven content.

The article then justly commends Connexions for its “broader effort” to allow users to “rip burn and mash” course material. I am cheering right along until Cohen uses the remix issue to contrast Connexions’ work with “other projects that share course materials, notably OpenCourseWare at M.I.T.“ Okay, so he’s not talking about most of us, and now we’re going to hear about the evils of .pdf, right? No. . . Cohen tells us that the big difference is that “Connexions uses broader Creative Commons license allowing students and teachers to rewrite and edit material as long as the originator is credited.”

Huh?

It’s admittedly a tough thing to explain in short space. And it’s even a tougher thing to make interesting to the average reader.

But this article gets it wrong, and I’m compelled to set the record straight once again.

What we have here is a mash up of concerns. Connexions does use the Creative Commons Attribution license, which is broader than than that used by MIT and many other OCW’s, on account of its not requiring either a non-commercial use or license compatibility. The Share-Alike clause is the point of concern, because can complicate the mixing of materials originally published under incompatible licenses (and here the non-commercial clause can come into play as well). But complication is not the same as prohibition, and we would do well not to let our internal disagreements over optimal licensing blur that fact, especially when we are addressing our potential users.

The fact is that OpenCourseWare projects, including those under the CC share-alike license, have had a lot of success on the reuse and redistribution front, as attested to the hundreds of courses that have been localized and translated around the world.

I do not want to downplay the legitimate concern that undue complication of the remix process might prevent its happening at all. We should and do engage in lively debate about what licenses will strike the right balance between the desires of producers and the convenience of users.

But it’s important to be clear on the essentials. The average reader of the NYT article surely walked away with an erroneous impression of what we do here. And to the extent that reader was a potential OCW adoptee, everybody loses.

Money makes the world go… open?

As we move towards the end of the OpenLearn pilot phase, there’s a lot of evaluation and reflection to do, especially on what business models might take us forward. I spent some time this month at the Economies of the Commons conference in Amsterdam. (Other people have blogged the event here so no need to post my 14 pages of notes). Since I’ve returned the Ithaka report on Sustainability and revenue models for online academic resources has been published in draft form for comment.

The conference, as the name suggests, was about how you make money from open content so you can sustain its production. Refreshingly, it wasn’t just about fab shiny young startups making tons of cash for a good idea that’s cheap-ish to produce. Speakers included those managing the digitisation projects for National Archives and the scale of these projects was overwhelming. For example, Images for the Future is the largest digitisation project in Europe. The facts: 173 million Euros to restore, conserve, digitise AND contextualise the assets (eg for school curriculum as they recognise just putting assets out there isn’t useful enough). Between now and 2014 they will digitise 137,200 hours of video, 22,510 hours of film, 123,900 hours of audio and 2.9 million pictures. They calculate that reuse of the assets will generate between 20 and 60 million Euros for the Dutch economy.

Interesting questions were raised such as: Are we creating a commons for a rich community? Who is paying for the gift economy? Is free culture just a fad? If scarcity of information is now over, might it return? How do we tip the idea of openness so it becomes commonplace? Are the community the new archivists? When will copyright die?

Free is not an option for digital businesses, it’s a reality. The value of what is easily copyable is low and getting lower. So we need to monetise the uncopyable (eg live performances making more money for an artist than their MP3s) and understand how the drivers to pay for open content relate to education – Embodyment (the live experience of seeing a band in concert), Immediacy, Personalisation, Interpretation, Patronage, Findability, Authenticity, Accessibility. We’ve understood this from the beginning - OpenLearn makes our educational resources freely available but doesn’t replicate the experience of being a student at the University. We’ve also recognised that times are changing - copyright may not be dead but it won’t necessarily make us money in the future. Plus while the copyfight (copyright vs copyleft) is in stalemate, innovators (albeit often illegally) are moving the world forward and shifting cultures in profound ways that we can’t ignore or change. So OpenLearn is The Open University experimenting with the Creative Commons license. And we’re not the only sector recognising this need to experiment with new models (see the news on Harpers Collins).

At this point in the lifecycle of OpenLearn we need to do more than experiment and start work on the new business models. OpenLearn can’t be seen to be a nice standalone experiment that makes everyone at the OU feel good about working here - although it is and does - but as something that presents an ongoing challenge that needs to be worked out for the future sustainability of our entire business. Economic equilibrium takes time as we move from one cultural paradigm to another - it doesn’t happen overnight, or even in the lifetime of a 2 year pilot. The example of Le Monde, France’s national newspaper taking 11 years to get to economic equilibrium with its website is a powerful one.

One business model won’t be enough. The French National Archive project made half of what it spent last year by employing several models (which doesn’t sound good but 600K is better than nothing). So what models are peeking over the parapets?

Pre-finance - get someone to fund you. We were lucky to be funded by The William and Flora Hewlett Foundation to start OpenLearn and certainly other sources of funding have been realised for research projects and are being investigated.

Sponsorship – there are organisations we have worked with over the past year that might have paid us a sum for the opportunity to say “we offer free learning in association with the OU”. We sponsor events in the real world such as Edinburgh Festival, so there are relationships that could work the other way, extending and capturing the knowledge of real world events in open content form and providing sponsorship opportunities.

Subscription – essentially charging for extra services. This needs some thought around how people could be enticed into a stronger ongoing relationship with OpenLearn, past dropping in for a cup of tea and a slice of knowledge from a search engine and only returning by chance (actually not chance, but the fact we are taking over search engines real estate - add evil laugh and cat stroking here).

Currently about 3% of our visitors have registered for free extra services, so what services would be so compelling that these people and more would pay for them? With many sites it is about the user’s social status in that website, so Last.fm make something like $2.50 from each user who wants to indicate their fan status on their profile (this means their user icon changes from one colour to another - costing Last.fm next to nothing to satisfy a user need).

This is about making what we already do more attractive, which might be extending our offer (pay to join an online video conference with an OU tutor) or communicating it differently (pay to see who else is studying online) and perhaps even closing off some of the current functionality (since closing down access to content would be detrimental for both users and the promotional/ business benefits of having freely accessible and distributable content).

This depends on us understanding our market and finding out what organisations and individuals will pay for – hosting and branding their own open content on OpenLearn, DVDs of content to upload to their own Learning Management Systems, Print on demand etc - and how much they will pay for it. As Jan Velterop, CEo of Knewco succinctly said, “He who has most interest pays”. So who has the most interest in open educational resources - the institution, the learner, the teacher, the private business or the government?

Freemium – pretty much the same concept as subscription where people are paying for added services but the paid for offer is usually made more cleverly at the point of need and familiarity with the product (ok I made that up, I just needed another sub-heading as this blog is getting text heavy). When 1% are paying for 99% of users to use the system, the costs of production and maintenance need to be lower than ours are currently and the user numbers need to be higher. Freemium works for Web 2.0 sites because of low costs and high user numbers. This could be a model we could pursue once we have mainstreamed the production of open content (so instead of digitising legacy material, we are working with new materials that have been developed with open content in mind). Perhaps we could bring down costs in areas other than production. For example, rights as we begin to gain more experience in rights clearance for online use. To bring rights costs in line with the economic model for open content, perhaps we need to seek new agreements. Could we pay the rights holder per download of their asset, or offer the rights holder an affliate deal where open access to their content proves to bring them income? Could we negotiate deals that are more like the public lending rights agreements that libraries have where authors get a capped payment per year related to the amount of times their content was lent from a public library? Could we give tiered access, so that users pay to get access to the versions that include third party materials and a portion of this money goes to the rights holders? (I should point out, if its not already clear, that I’m not the OpenLearn rights expert).

Advertising – this could be cross selling our own services through OpenLearn more effectively (something we’ve been quite timid about) or it could be selling third-party services. We need more eyeballs to make any money. Advertising brings its own costs as it needs to be managed. However, it is one possible income stream. Almost immediate benefit could be gained from affiliate partnerships with retail partners (selling tickets to museum exhibitions, books on Amazon that related to the content - having a targeted audience is as good as having a large audience). And since we can’t get a marketing budget for OpenLearn unless we can prove it generates student registrations, perhaps we can make income from our own Marketing department for every clickthrough from OpenLearn that results in a registration. And perhaps we can think more deeply about whether rewarding informal learners for their study can grow our student numbers rather than canabalise them - if you track use of OpenLearn and give people time/money off the relevant paid-for course, will that increase use of oepn educational resources, improve conversion rates from enquiries to student registrations and ensure the student is better prepared for study?

Of course once you have advertising you can charge people a sum to have it turned off in their ‘advanced profile’ (isn’t this why people pay for their TV license?). We all know how people who love education, hate advertising, so voila!

Private partnerships – eg Google paying for digitisation of assets. Normally this would include some sort of exclusivity agreement but hybrid models that tie the market economy with the commons are worth investigating because of the huge sums of money that are available. In these partnerships negotiating the best deal is crucial to avoid becoming an imaginary owner of our own content (the third party has the potential to make more revenue than we do from our content so ensuring a fair deal is crucial). See Peter Kaufman’s report Good Terms - Improving Commercial-Noncommercial patnerships for mass digitization.

Community donations – appealing to the good people of the internet. This is where we can learn lessons from the pirates and the open-source community, like the producers of Steal This Film and the animation guys at Blender who got 100KE from their users to make their closed software open. The Steal This Film guys consider subscription, advertising and pay-to-download, doomed business models. With 4 million viewers of their pirate film in 1.2 years, 1 person in every 1000 donated sums of between $1 and $500 in the first 1-2 months. Most donations were in $15-$40 range. People connected with their ‘League of Noble Peers’ identity which set them out as pioneers in the field so the financial viability of this model might depend on whether you have cult status or can appeal to someone’s passionate defence of freedom and democracy.

“Voluntary supportive donations for the post-IP generation” are being exploited by sites that make it easy to donate. Each asset is given a fingerprint, and as it travels the inter-web with this identifier people can donate wherever they consume the asset. The aim is that 10-15% of all content consumed via P2P networks will result in voluntary donations. The P2P networks get a cut of the donations. A donation can be made from any point in the distribution chain – from P2P client to the embedded media player.

So when we think about voluntary donations it may not just be our website visitors donating, but also the consumers of our content in other online and potentially offline spaces.

At the moment we give no huge incentive to donate – we don’t strongly appeal to the learners to donate even though we know from feedback they love the resources. What if we made donating simpler? We could encourage small donations and make it possible to donate at every point in the distribution and consumption chain. What if you asked every viewer of an Open University programme on the BBC to donate a small sum to create free study materials related to the programme? What if open content became an ethical gift - you could buy someone a study unit and dedicate its creation to them (massive OU friendly audience of teachers, lifelong learners and alumni that this would appeal to).

Open source consultancy/training – helping other educational institutions and organisations use open content/ Moodle. We know there is demand for this and some of our research projects (and the good people of the technical team) have been trying to meet the demand.

Gift economy - doesn’t this rely on gift exchange? “Oh, you shouldn’t have” is always a lie. Of course you should have! Give us something back - we didn’t go to all the effort and expense of using the CC license if we didn’t want our content repurposed and shared back with us. This is a model that hasn’t been realised to any great extent in the time of the pilot - perhaps because we are ahead of the curve in educational institutions. Early adopters have started to share and co-produce materials and their feedback suggests the process is of value, and that there will be opportunity to decrease the costs of course production through open content in the future. Making open content more visible to educators through things like the OER Recommender is essential to open content reaching a tipping point.

Deep breath. If you got this far, you are special :)

What Can Universities Do to Promote Open Access?

Peter Suber Photo cc BY:2.5 (PatrickD)
Peter Suber Photo CC-BY (PatrickD)

Peter Suber, Professor of Philosophy at Earlham College and Senior Researcher at the Scholarly Publishing and Academic Resources Coalition (SPARC), recently gave a talk at the Berkman Center for Internet and Society entitled: What Can Universities Do to Promote Open Access? To learn more about ways universities can promote open access to research literature and, perhaps, use Suber’s arguments to promote open courseware initiatives at your university, visit the Berkman Center’s interactive page. You can also access slides of the event here.

What Creative Commons is All About

cc2.jpgThis video explains what Creative Commons is all about, and why it is so important.

It takes some work to really grasp, but it is oh so important.

A Fair(y) Use Tale

One of the biggest challenges/opportunities of OER/OCW is that of “Fair Use” — which involves both:

  • Educating people about what types of creative content can be used for “criticism, news, educational, reporting, teaching and parody” (and how), and
  • Educating them about what CAN’T or SHOULDN’T be done
  • Here’s a video that attempts to illustrate these issues in a creative way. Pay special attention to the FBI warning at the beginning.