A presentation on the development of a visual guidebook to be used by Open.Michigan dScribe team to assess content within materials to be published and shared as OER.

1. A Visual Guide to
Content Analysis
/ april 2009 Garin Fons
Pieter Kleymeer
/ OCWC Global
http://open.umich.edu
open.michigan@umich.edu
Except where otherwise noted, this work is available
under a Creative Commons Attribution 3.0 License. Copyright © 2009 The Regents of the University of Michigan

2. a student driven do-it-yourself and
distributed method of generating
OER
a U-M developed software used to
manage the process of generating
OER

3. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

4. Carbohydrates

5. B2-adrenergic receptor ligands

6. CT MRI

8. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

10. How we look at content varies

11. How we look at content varies
use it! lose it!
conservative
progressive

12. How we look at content varies
i don’t know
use it! lose it!
conservative
progressive

13. typical content analysis
Step 1 : Who holds the copyright to this?
Step 2 : Do we have permission to use it?
- If yes, use according to terms
- If no, seek permission from holder, replace
it with licensed content, remove content

14. what it boils down to
/ risk management
/ legality

15. new question
Does this content have enough
expression to merit copyright protection?

16. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

17. finish this statement:
The purpose of U.S. copyright law is to:
a) reward authors for their creative efforts
b) provide an economic incentive to write & publish
c) advance public learning
d) provide legal remedies for infringement

18. finish this statement:
The purpose of U.S. copyright law is to:
a) reward authors for their creative efforts
b) provide an economic incentive to write & publish
c) advance public learning
d) provide legal remedies for infringement

19. purpose of copyright comes from the constitution
To promote the progress of the
science and useful arts, by securing
for limited times to authors and
inventors the exclusive right to
their respective writings and
discoveries;
- U.S. Constitution Article 1 §8 clause 8
modified from slides by Jack Bernard

20. Means Ends
reward authors
promote progress
provide incentive
provide legal remedies
modified from slides by Jack Bernard

21. basic premise
Not all interesting, valuable, academically
brilliant, novel, or fascinating content
objects are protected by U.S. copyright
law.

22. basic premise
Not all interesting, valuable, academically
brilliant, novel, or fascinating content
objects are protected by U.S. copyright
law.
Copyright law does not limit our use of
elements of workproduct not protected
by copyright law. Indeed, copyright law
encourages such use.

23. U.S. copyright law does not apply to:
- Facts
- Information
- Data
- Statistics
- Obvious means of selecting,
arranging, and organizing facts, data and
information
- alphabetical, geographical, order of
importance or relevance, natural
sequence (time, seasonal)

24. U.S. copyright law does not apply to:
- Opinions
- Ideas
- Concepts
- Principles
- Theories
- Hypothesis
- Algorithms
- Recipes
- Descriptions and Representations of
a process, procedure, function, system,
method of operation

25. U.S. copyright law does not apply to:
- Citations
- References
- Quotations
- Brief excerpts
- Works created by an employee of the
federal government as part of official
duties

26. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

27. our practice
Using case law we can cut the subjective
gray area of content analysis down to what
the law suggests it might be.
subjective
objective

28. faculty & dScribe2 dScribe attends
faculty & dScribe2
connect: license training course led
recruit dScribe
material as OER by dScribe2
publish
dScribe to OER
site
Publishing faculty transfers course
material to dScribe
Process
Class #1 Agenda:
Class #1 Agenda:
roles dScribe identifies
faculty reviews
& documents
material: publish
potential IP issues
to U-M OER site
dScribe
clear IP
Class #1 Agenda:
dScribe2
dScribe makes
OER team reviews &
necessary edits to
clears IP issues
course material
instructor BY: Garin Fons, Pieter Kleymeer
characters by Ryan Junell

29. dScribe cast of characters
dScribe Faculty dScribe2

30. license material

31. license material
That’s
easy!

32. select a dScribe
Class #1 Agenda:
find dScribe for
this course

33. select a dScribe
I’ll do it!
Class #1 Agenda:
find dScribe for
this course

34. dScribe training course

35. dScribe training course
decision
trees
open
resources
fun!
copyright

36. transfer material
Class #1 Agenda:

37. transfer material
Class #1 Agenda:

38. vet material
Class #1 Agenda:
find dScribe for open.michigan
Class #1 Agenda:

39. vet material OERca:
Content & Decision
Management Software
Class #1 Agenda:
find dScribe for open.michigan
Class #1 Agenda:

40. review material
Content Processing
Class #1 Agenda:

41. review material OERca:
Content & Decision
Management Software
Content Processing
Where does this
image come from? Class #1 Agenda:

42. edit material
Class #1 Agenda:
find dScribe for open.michigan

43. edit material
Class #1 Agenda:
find dScribe for open.michigan

44. final review
Class #1 Agenda:
find dScribe for open.michigan

45. final review
Looks
Class #1 Agenda:
find dScribe for open.michigan
good!

46. publication
open.michigan
Class #1 Agenda:

47. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

48. the visual guide
three components:
- A Tutorial :: provide non-lawyers
with a basic understanding of
copyright.
- A List :: use case law to identify
and explain why some content
may not be covered by copyright.
- A Mash Up :: compare
potentially copyrighted content to
reduce the grey area.

49. basic premise
this is not an automated lawyer!
this is not a substitute for thinking!
this will develop one’s thinking about copyright.
this will grow stronger with more content.

50. the visual guide - what’s next
- Synthesize :: our workflow and the
product of the law class
- Pilot :: for this summer’s M1/M2
medical content
- Collaborate :: with others who use
similar analyses

51. have a look
current practice
copyright 106
our practice
the visual guide
considerations / questions

52. considerations
- this is an intermediate step on
to producing OER without closed
third party content.
- this is not legal advice

53. considerations
- burden on the end user to make
decisions and distinctions about
content, to have to think about
copyright within their jurisdiction.
- liability associated with
downstream use and distribution

54. considerations
- need to do more research
regarding international jurisdiction.
- learn about practices within other
institutions and how you deal with
third party content.

55. Garin Fons
Pieter Kleymeer
http://open.umich.edu
open.michigan@umich.edu

57. We were made
BY Ryan Junell