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Creative commons, the 5 rs, and oer

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Creative Commons licenses provide copyright holders a way to grant specific permissions for others to use their work, so long as certain conditions are met. There are 6 main licenses that vary based on whether others can create derivatives and use the work commercially. Open educational resources must allow free retention, revision, remixing, reuse, and redistribution of content to qualify as OER. Creative Commons licenses support these 5R activities to varying degrees, determining whether a work can truly be open.

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Creative Commons, the 5Rs, and OER The Shortest Possible Introduction David Wiley, Lumen Learning This presentation is licensed CC BY
Creative Commons Licenses Provide a super easy mechanism for a copyright holder to: (1) provide everyone in the world with permission to engage in a specific set of (otherwise prohibited) activities, (2) given that they abide by specific conditions.
CC Licenses - Families of Conditions (1) All licenses require the user to provide attribution (2) The licenses provide three options around the creation and distribution of derivative works (3) The licenses provide two options around commercial use
CC License Conditions - Attribution When exercising any of the rights granted you under a CC license, you are required to provide attribution to anyone designated by the licensor (could be one or more creators, organizations, etc.) This condition, represented by the icon and shortened to BY, is present in all six Creative Commons licenses
CC License Conditions - Derivative Works A derivative work is a new work based on an existing, copyrighted work that is sufficiently creative to deserve its own copyright Clear examples: Making a book into a movie, translating an essay into another language Clear non-examples: Correcting punctuation or spelling, converting an essay from PDF to HTML
CC License Conditions - Derivative Works The 3 options 1. No mention / no icon - derivative works can be created and shared 2. ShareAlike (SA) - if derivatives are shared, they must be shared under the same license as the original work 3. NoDerivatives (ND) - derivatives can be created but not shared (changes that dont result in derivatives can be shared)
CC License Conditions - Commercial Use Commercial use is defined as primarily intended for or directed towards commercial advantage or monetary compensation This definition is written in an intentionally vague manner in order to encourage over-compliance Commercial use is always defined in terms of how the resource is used and never defined in terms of who the user is (e.g., a for-profit or non-profit)
CC License Conditions - Commercial Use The 2 options No mention / no icon - commercial use is allowed Noncommercial (NC) - commercial use is not allowed
Derivatives Can Be Shared Derivatives Can Be Shared ONLY IF You Share Alike Derivatives CANNOT Be Shared Commercial Use Allowed Commercial Use NOT Allowed The Six Creative Commons Licenses All Licenses Require Attribution
Open Educational Resources Open Educational Resources (OER) are teaching, learning, and research materials that are either (1) in the public domain or (2) licensed in a manner that provides everyone with free and perpetual permission to engage in the 5R activities.
What Are The 5R Activities? The 5Rs are shorthand way of remembering the activities a license must permit you to engage in with regard to an educational resource for that resource to be properly considered an Open Educational Resource (OER).
Retain make, own, and control a copy of the resource (e.g., download and keep your own copy) Revise edit, adapt, and modify your copy of the resource (e.g., translate into another language) Remix combine your original or revised copy of the resource with other existing material to create something new (e.g., make a mashup) Reuse use your original, revised, or remixed copy of the resource publicly (e.g., on a website, in a presentation, in a class) Redistribute share copies of your original, revised, or remixed copy of the resource with others (e.g., post a copy online or give one to a friend) The 5R Activities
The CC Licenses & The 5R Activities Retain Revise Remix Reuse Redistribute
Is this OER? Is it safe to use in my OER work? Yes Yes Yes Yes Yes* Maybe. What are the odds that the licensor will interpret your use as commercial? Are you willing to take that risk? Yes* Maybe. What are the odds that the licensor will interpret your use as commercial? Are you willing to take that risk? No No No No
CC Legal Tools - CC Zero You use CC0 to dedicate a work to the public domain by waiving all of your copyright (and neighboring rights, if any) in a work, to the fullest extent permitted by law. If the waiver isnt effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.
CC Legal Tools - Public Domain Mark Using the Public Domain Mark, you can mark a work that is free of known copyright restrictions and clearly convey that status. When applied properly, the PDM allows the work to be easily discovered, and provides valuable information about the work.

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Creative commons, the 5 rs, and oer

  • 1. Creative Commons, the 5Rs, and OER The Shortest Possible Introduction David Wiley, Lumen Learning This presentation is licensed CC BY
  • 2. Creative Commons Licenses Provide a super easy mechanism for a copyright holder to: (1) provide everyone in the world with permission to engage in a specific set of (otherwise prohibited) activities, (2) given that they abide by specific conditions.
  • 3. CC Licenses - Families of Conditions (1) All licenses require the user to provide attribution (2) The licenses provide three options around the creation and distribution of derivative works (3) The licenses provide two options around commercial use
  • 4. CC License Conditions - Attribution When exercising any of the rights granted you under a CC license, you are required to provide attribution to anyone designated by the licensor (could be one or more creators, organizations, etc.) This condition, represented by the icon and shortened to BY, is present in all six Creative Commons licenses
  • 5. CC License Conditions - Derivative Works A derivative work is a new work based on an existing, copyrighted work that is sufficiently creative to deserve its own copyright Clear examples: Making a book into a movie, translating an essay into another language Clear non-examples: Correcting punctuation or spelling, converting an essay from PDF to HTML
  • 6. CC License Conditions - Derivative Works The 3 options 1. No mention / no icon - derivative works can be created and shared 2. ShareAlike (SA) - if derivatives are shared, they must be shared under the same license as the original work 3. NoDerivatives (ND) - derivatives can be created but not shared (changes that dont result in derivatives can be shared)
  • 7. CC License Conditions - Commercial Use Commercial use is defined as primarily intended for or directed towards commercial advantage or monetary compensation This definition is written in an intentionally vague manner in order to encourage over-compliance Commercial use is always defined in terms of how the resource is used and never defined in terms of who the user is (e.g., a for-profit or non-profit)
  • 8. CC License Conditions - Commercial Use The 2 options No mention / no icon - commercial use is allowed Noncommercial (NC) - commercial use is not allowed
  • 9. Derivatives Can Be Shared Derivatives Can Be Shared ONLY IF You Share Alike Derivatives CANNOT Be Shared Commercial Use Allowed Commercial Use NOT Allowed The Six Creative Commons Licenses All Licenses Require Attribution
  • 10. Open Educational Resources Open Educational Resources (OER) are teaching, learning, and research materials that are either (1) in the public domain or (2) licensed in a manner that provides everyone with free and perpetual permission to engage in the 5R activities.
  • 11. What Are The 5R Activities? The 5Rs are shorthand way of remembering the activities a license must permit you to engage in with regard to an educational resource for that resource to be properly considered an Open Educational Resource (OER).
  • 12. Retain make, own, and control a copy of the resource (e.g., download and keep your own copy) Revise edit, adapt, and modify your copy of the resource (e.g., translate into another language) Remix combine your original or revised copy of the resource with other existing material to create something new (e.g., make a mashup) Reuse use your original, revised, or remixed copy of the resource publicly (e.g., on a website, in a presentation, in a class) Redistribute share copies of your original, revised, or remixed copy of the resource with others (e.g., post a copy online or give one to a friend) The 5R Activities
  • 13. The CC Licenses & The 5R Activities Retain Revise Remix Reuse Redistribute
  • 14. Is this OER? Is it safe to use in my OER work? Yes Yes Yes Yes Yes* Maybe. What are the odds that the licensor will interpret your use as commercial? Are you willing to take that risk? Yes* Maybe. What are the odds that the licensor will interpret your use as commercial? Are you willing to take that risk? No No No No
  • 15. CC Legal Tools - CC Zero You use CC0 to dedicate a work to the public domain by waiving all of your copyright (and neighboring rights, if any) in a work, to the fullest extent permitted by law. If the waiver isnt effective for any reason, then CC0 acts as a license from the affirmer granting the public an unconditional, irrevocable, non exclusive, royalty free license to use the work for any purpose.
  • 16. CC Legal Tools - Public Domain Mark Using the Public Domain Mark, you can mark a work that is free of known copyright restrictions and clearly convey that status. When applied properly, the PDM allows the work to be easily discovered, and provides valuable information about the work.

Editor's Notes

  1. Thanks to Diane Peters and Cable Green (CC General Counsel and CC Director of Open Education) for their review and comments.
  2. For more detail, see Section 3.a here - https://creativecommons.org/licenses/by/4.0/legalcode
  3. For more detail, see Section 3.b here - https://creativecommons.org/licenses/by-sa/4.0/legalcode
  4. For more detail, see https://wiki.creativecommons.org/wiki/NonCommercial_interpretation and https://wiki.creativecommons.org/wiki/Defining_Noncommercial
  5. For more detail, see Section 1.i here - https://creativecommons.org/licenses/by-nc/4.0/legalcode
  6. For more detail, see http://opencontent.org/definition/
  7. The NC licenses may not permit some uses of your work that you would like others to make. For example, not all educational uses are necessarily NonCommercial uses, so your use of an NC license may preclude use of your work in some educational contexts. (https://wiki.creativecommons.org/wiki/NonCommercial_interpretation) For example, in a large international survey, the majority of both Users and Creators of NC-licensed material believed that Use for course materials in a tuition-based school constitutes a commercial use and would violate the NonCommercial condition. See pp. 62 - 63 of https://mirrors.creativecommons.org/defining-noncommercial/Defining_Noncommercial_fullreport.pdf
  8. For more detail, see https://creativecommons.org/choose/zero/
  9. For more detail, see Section https://creativecommons.org/choose/mark/