10. “The Congress shall have Power …
To promote the Progress of Science
and useful Arts, by securing for
limited Times to Authors and
Inventors the exclusive Right to
their respective Writings and
Discoveries.”
- United States Constitution, Article I, Section 8
KCTOOER-M.Plourde-August24,2016
13. Four Factors
• The purpose of the use.
• The nature of the use.
• The amount copied.
• The effect on the market.
KCTOOER-M.Plourde-August24,2016
14. KCTOOER-M.Plourde-August24,2016
PURPOSE OF THE USE NATURE OF THE COPYRIGHTED MATERIAL
Favoring Fair Use Weighing against Fair Use Favoring Fair Use Weighing against Fair Use
Educational
Teaching (including
multiple copies for
classroom use)
Research
Scholarship
Criticism
Comment
Parody
Transformative or changes
the work to a new purpose
Nonprofit use
Commercial, entertainment
or for profit
Public distribution
Verbatim or exact copy, not
transformative
Factual, nonfiction, news
Published Work
Creative (art, music, fiction)
or consumable work
(workbook, test)
Unpublished work
AMOUNT COPIED EFFECT ON THE MARKET FOR THE ORIGINAL
Favoring Fair Use Weighing against Fair Use Favoring Fair Use Weighing against Fair Use
Small quantity (e.g. single
chapter or journal article,
other short excerpt consisting
of less than 10% of the work)
Portion used is not central to
work as a whole
Amount is appropriate to the
educational purpose
Large portion or entire work
Portion used is central or the
“heart” of the work
Includes more than necessary
for the educational purpose
No significant effect on the
market or potential market
for the copyrighted work
One or few copies made
and/or distributed
No longer in print; absence of
a licensing mechanism
Restrict access (limited to
students in a class or other
appropriate group)
One-time, spontaneous use
(no time to obtain permission)
Cumulative effect of copying
would be to substitute for
purchase of work
Numerous copies are made
and/or distributed
Reasonably available licensing
mechanism for obtaining
permission exists (CCC license
or off-print for sale)
Repeated or long-term use
15. KCTOOER-M.Plourde-August24,2016
PURPOSE OF THE USE NATURE OF THE COPYRIGHTED MATERIAL
Favoring Fair Use Weighing against Fair Use Favoring Fair Use Weighing against Fair Use
Educational
Teaching (including
multiple copies for
classroom use)
Research
Scholarship
Criticism
Comment
Parody
Transformative or changes
the work to a new purpose
Nonprofit use
Commercial, entertainment
or for profit
Public distribution
Verbatim or exact copy, not
transformative
Factual, nonfiction, news
Published Work
Creative (art, music, fiction)
or consumable work
(workbook, test)
Unpublished work
AMOUNT COPIED EFFECT ON THE MARKET FOR THE ORIGINAL
Favoring Fair Use Weighing against Fair Use Favoring Fair Use Weighing against Fair Use
Small quantity (e.g. single
chapter or journal article,
other short excerpt consisting
of less than 10% of the work)
Portion used is not central to
work as a whole
Amount is appropriate to the
educational purpose
Large portion or entire work
Portion used is central or the
“heart” of the work
Includes more than necessary
for the educational purpose
No significant effect on the
market or potential market
for the copyrighted work
One or few copies made
and/or distributed
No longer in print; absence of
a licensing mechanism
Restrict access (limited to
students in a class or other
appropriate group)
One-time, spontaneous use
(no time to obtain permission)
Cumulative effect of copying
would be to substitute for
purchase of work
Numerous copies are made
and/or distributed
Reasonably available licensing
mechanism for obtaining
permission exists (CCC license
or off-print for sale)
Repeated or long-term use
™ Disney Corporation
19. Increase in textbook prices and
college tuition (GAO)
KCTOOER-M.Plourde-August24,2016
20. Demand for degrees
KCTOOER-M.Plourde-August24,2016
McCoy, D., Schiller, S. R., Frank, E., & Schiller, S. (2011, April 4). Textbook
Affordability: Emerging Solutions in Ohio. Webinar, . Retrieved from
http://www.educause.edu/Resources/TextbookAffordabilityEmergingS/226560
22. Open textbooks in K12
• State of Utah pilot provides a printed copy for $5
per student.
• Replaces a 7 year cycle.
• Fresh content every year, students keep the book.
• Open textbook calculator:
• http://openedgroup.org/calculator/
David Wiley, http://www.slideshare.net/opencontent/the-5-texbook
23. State of Washington
The Open Course Library has saved students $5.5 million in textbook
costs to date, including $2.9 million during the 2012-2013 academic year
alone.”
24. Tidewater Community
College
“For students who pursue the new “textbook-free”
degree, the total cost for required textbooks will
be zero. Instead, the program will use high quality
open textbooks and other open educational
resources, known as OER, which are freely
accessible, openly licensed materials useful for
teaching, learning, assessment and research. It is
estimated that a TCC student who completes the
degree through the textbook-free initiative might
save one-third on the cost of college.”
http://www.tcc.edu/news/press/2013/TextbookFreeDegree.htm
27. Open education
"...is the simple and powerful idea that the
world’s knowledge is a public good and that
technology in general and the Worldwide
Web in particular provide an extraordinary
opportunity for everyone to share, use, and
reuse knowledge."
—The William and Flora Hewlett Foundation
32. What makes a resource open?
• David Wiley's 5Rs:
• Retain – the right to make, own, and control copies of the
content
• Reuse – the right to use the content in a wide range of ways
(e.g., in a class, in a study group, on a website, in a video)
• Revise – the right to adapt, adjust, modify, or alter the
content itself (e.g., translate the content into another
language)
• Remix – the right to combine the original or revised content
with other open content to create something new (e.g.,
incorporate the content into a mashup)
• Redistribute – the right to share copies of the original
content, your revisions, or your remixes with others (e.g., give
a copy of the content to a friend)
33. Copyright licensing
• Open educational resources (OER) are powered
by Creative Commons. The author sets the
acceptable uses from the get-go.
http://creativecommons.org/licenses/
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35. Perception of quality
• Outside resources:
• “Not mine”
• “Not peer-reviewed”
• “Not someone I know”
• Personal resources:
• Copyright confusion
• “Not perfect enough to
share”
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36. Startup cost and time
• Finding
• Vetting
• Sequencing
• Remixing
• Filling up gaps
• Assembling in a web format
• Missing ancillaries and homework-as-a-service
KCTOOER-M.Plourde-August24,2016
42. Open as a competitive
advantage
• Selling your program/course as “textbook-free”
• Custom course content vetted and adapted yearly
by professors
• 21st century scholarship (open and networked)
• Faculty development
• Public engagement
43. Explore OER on your own!
Explore and submit UD resources
http://ats.udel.edu/open
List of global resources
http://sites.udel.edu/open/finding/
OER Treasure Hunt
www.udel.edu/003275
