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Contents 1 Insights on legal and practical issues in creating, using, and adapting open educational resources 1.1 Categories of interest: 1.2 Break-out groups 1.2.1 Group 1 1.2.2 Group 2 1.2.3 Group 3 1.2.4 Group 4 1.3 Alternative schema for prioritizing key barriers in open education: Plan to build on outcomes of Session 1 to develop more coherent plans for action.

[edit] Insights on legal and practical issues in creating, using, and adapting open educational resources

[edit] Categories of interest:

• Legal issues
  • License compatibility.
  • Liability.
  • Privacy and defamation.
  • Transitioning practices to "open".
  • Confusion of legal terms.
• Practical issues
  • Personal and cultural.
  • Economic.
  • Access.
  • Localization and contextualization.
  • Competition (publishing).
  • Sustainability.
  • Peer production issues.
• Policy issues
  • Copyright exceptions and limitations.
    • General rights.
    • Institutional constraints.
• Technical issues
  • Standards.
  • Multi-modal accessibility and delivery.
  • Offline use and distribution.
  • Finding OER.

[edit] Break-out groups

Image map of the topics below.

[edit] Group 1

• Issue(s) in question:

1. No fair-use clause in Japan.
2. License compatibilities.
3. Academic publishing and incentives.
4. Incentives for using OER in schools.

Comments:

Three main problems:

Legal:

• fair use/dealing
• licence compatibility
• mediation

Practical:

• students, professors and publishers, libraries
• knowledge of law
• business models or compelling argument

Legal

• Fair use/ fair dealing:
  • Japan has no fair use/fair dealing
  • Prince example, five seconds is fair use in US, 5 seconds not good but not legal resource

• Concern is which jurisdiction uploading to you-tube is ok
  • Japanese sites get lawyers to check everything getting proof
  • Once asked for CC licence
    • Japanese You -tube, off shore
  • the other is getting a quick, automated, image, still..incidental use
  • international on-line fair use law that everyone should comply with

• Licence compatibility of CC licences, Share alike.
  • Share alike NC and Share alike = incompatible???
  • CC+ could give you more, i.e. possibility of getting restriction waived but how about an automated CC plus for the past, which helps to clear works licenced under CC in the past? And how about CC++ which would automate responses, for example if you are from a least developed country you pay $0, from a developing $1 from a developed $10, and if I don't reply within 10 days to a specific request within 14 days then you have permission

Business models

• getting students to help make the material?
• librarians sign contract to keep buying the same amount of books but will be an open code on-line but librarians will buy the hardcopy anyway
• there is some prestige in publishing, but Professors, people whose careers have stalled are concerned about money
• fear of infringement, barrier to adopt to OER by librarians

• Alternative publishing models
  • Academics don't want to antagonise the big publishers, want publicity of publishers
  • Possible solutions, launching a high profile Open publisher, how does that make money?
  • How to do that is: get high profile professors to contribute

• Make argument with the state, that they change policy, prefer OER publications for promotion
  • Lecturers are afraid to publish class notes, get the students to make the notes,
  • Response: Start creating collaborative resources, participation, wiki,

[edit] Group 2

• Issue(s) in question:

1. Sustainability.
2. Connecting projects around the world.
3. Access to content.

Comments:

Sustainability – how can projects thrive, be distributed, and overcome language/payment/cultural issues?

example of creating ESL videos in Japan, which they show on video sharing sites, but no means to need sponsorship or capital is advertising the way forward? video platforms (Nikko, YouTube, etc. will eventually have monetized video options so that could be one component) but there are large and small content creators, as well as larger OER content platforms. How can the smaller content creators interact with these larger platforms (which may have created options to further monetization/sustainability) payment issues, localisation issues – how can we find examples of sustainable projects that don't originate in the US

govt regulation?

[edit] Group 3

• Issue(s) in question:

1. Localization.
2. Incentivizing participation (in production of OER).
3. Access, esp. for illiterate people.

Comments.

[edit] Group 4

• Issue(s) in question:

1. Intellectual property issues through a cultural lens.
2. Policy issues. Top down versus bottom up.

Comments.

[edit] Alternative schema for prioritizing key barriers in open education: Plan to build on outcomes of Session 1 to develop more coherent plans for action.

Context 1

• Legal barriers/solutions.
• Technical barriers/solutions.
• Social barriers/solutions.
• Other areas of consideration.

Context 2

• Legal barriers/solutions.
• Technical barriers/solutions.
• Social barriers/solutions.
• Other areas of consideration.

Context 3

• Legal barriers/solutions.
• Technical barriers/solutions.
• Social barriers/solutions.
• Other areas of consideration.

Context 4

• Legal barriers/solutions.
• Technical barriers/solutions.
• Social barriers/solutions.
• Other areas of consideration.