Now that we have the big picture in mind, it’s time to get into some of the nuts and bolts. This portion of the workshop covers copyright, Creative Commons licenses, and attribution practices. While this can sometimes feel very technical and overwhelming, it's important for you to have a general grasp of how these pieces work. We also want you to reach out to your librarians with any questions about this or any specific situations you may encounter.
Copyright
By default, all works are automatically granted copyright. Even in the absence of a copyright symbol “©”, the work cannot be assumed to be openly available for use.
The Public Domain
Open Educational Resources can include any work within the public domain. The public domain consists of works that are not subject to copyright.
Works enter the public domain in one of four ways:
- The copyright expires.
- The work was never entitled to copyright protection. This includes ideas, facts, and U.S. government works (because the works are considered public resources according to Section 105 of U.S. Copyright Law).
- The creator dedicated the work to the public domain before copyright has expired.
- The copyright holder failed to comply with formalities or maintain their copyright. Today in most countries, there are no formal requirements to acquire or renew copyright protection over a work. This was not always the case, however, and many works have entered the public domain over the years because a creator failed to adhere to formalities.
Creative Commons Licenses
An open license is a vital component of an Open Educational Resource, as it prescribes what the creator will allow to be done with their work. While there are other types of open licenses, the most common open licenses you will likely encounter are Creative Commons licenses. Open licenses from Creative Commons (CC) provide a way for creators to retain their copyright and get credit for their work, while permitting others to copy and distribute it. These licenses act as explicit, standing permissions for all users.
The Four Components of Creative Commons Licenses
Component Graphic | Component Name and Description |
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Attribution (BY) Proper attribution must be given to the original creator of the work whenever a portion of their work is reused or adapted. This includes a link to the original work, information about the author, and information about the original work’s license. |
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ShareAlike (SA) Iterations of the original work must be made available under the same license terms. |
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Non-Commercial (NC) The work cannot be sold at a profit or used for commercial means such as for-profit advertising. Copies of the work can be purchased in print and given away or sold at cost. |
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No Derivatives (ND) The work cannot be altered or “remixed.” Only identical copies of the work can be redistributed without additional permission from the creator. |
These four license components—BY, SA, NC, and ND—combine to make up six different license options. Not all licenses will include all of these. All of the licenses include the BY condition. In other words, all of the licenses require that the creator be attributed in connection with their work. Beyond that commonality, the licenses vary whether (1) commercial use of the work is permitted; and (2) whether the work can be adapted, and if so, on what terms.
The Four “Open” Creative Commons Licenses
There are strengths and weaknesses to each Creative Commons license you might apply to your OER. To help you make an informed decision, a short description of each license that can be applied to OER is provided below. You can learn more about the individual CC licenses on the Creative Commons website.
License Graphic | License Name and Abbreviation | License Description, Strengths, and Weaknesses |
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Creative Common Attribution CC BY |
This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most popular open license provided by Creative Commons. By requiring attribution and nothing else, your CC BY work will be easy for others to adapt and build upon. Because CC BY allows for easier sharing and adaptation, it also leaves the creator with less power over their work. When you use a CC BY license, you cannot be certain that your work will remain open or that your work will be reused for projects you support. |
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Creative Commons Attribution ShareAlike
CC BY SA |
This license lets others remix, tweak, and build upon your work even for commercial purposes. as long as they credit you and license their new creations under the identical terms...All new works based on yours will carry the same license, so any derivatives will also allow commercial use. The CC BY SA combines the openness of CC BY license with the caveat that an item remains open under the same license when adapted. The CC BY SA license is the second most popular license, and the license used by Wikipedia for their articles. Because the CC BY SA license requires that adapted content be shared under the same license, it can be difficult to adapt or to remix works licensed CC BY SA. |
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Creative Commons Attribution NonCommercial
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This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don't have to license their derivative works on the same terms. The CC BY NC license gives the creator of a work complete control over any commercial reuse of their work. As a user, you can adapt and remix CC BY NC works so long as your new works provide attribution to the original author and do not turn a profit. Some users may be concerned about what they are allowed to do with your CC BY NC work and where the commercial “line” is drawn. |
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Creative Commons Attribution NonCommercial ShareAlike
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This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. CC BY NC SA is the most restrictive license that can be used for OER and gives you the most control over its adaptations. Some creators apply this license out of concern for their works being “scooped” by commercial publishers. Because of its requirements, the CC BY NC SA license is the hardest to adapt, remix, or build upon. |
Using Existing Content
If you want to reuse existing OER content, there are some aspects of Creative Commons licenses you should keep in mind. Although there are different rules for each, every CC license includes the Attribution component which requires that users provide proper attribution for an original work being shared or adapted. You'll also need to abide by any additional requirements of the license.
Note that if you are considering using material that is not openly licensed and not in the public domain, please consult with a librarian for best practice recommendations. In general, you can cite non-OER content (as this is fair use) and linking is also acceptable. It's also sometimes possible to obtain permission for your intended use. Beyond that, we will need to follow guidelines for fair use and a librarian would be glad to help you with your specific situation.
Choosing and Implementing a License for Your OER
Choosing a Creative Commons license can be confusing at first, but the Choose a License tool can help. This tool generates a license based on which rights you want to retain and which you would like to give to users. For example, if you want to share your work and allow others to adapt it, but you do not want others to be able to sell your work, you might consider using the CC BY NC license.
Creative Commons also has an online Marking Guide that demonstrates how to mark your CC license on different types of media. Making your license obvious on whatever item you are sharing is an important part of the dissemination process for OER: otherwise, users won’t know what license you’ve chosen! No matter the format, there are some standards you can follow:
- Make it clear
- Make it visible
- Provide links (to the license and the work)
Your librarian or Project Manager can help answer any questions that you may have about choosing and implementing a license. We'll also talk more about this in Workshop 3.
Attribution
Attribution is a key component of open licenses and is an essential practice whenever you incorporate existing OER into your materials. At minimum, you’ll need to provide the title, author, source, and license (TASL) for any existing OER you use.
What's the difference between citation and attribution?
Attribution is a similar process to citing academic works in a paper, but there are some key differences. The following table outlines some of the ways in which citations and attribution are similar and different:
Citation | Attribution |
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Purpose is academic (e.g. avoiding plagiarism) | Purpose is legal (e.g. following licensing regulations) |
Does NOT typically include licensing information for the work | Typically includes licensing information for the work |
Used to quote or paraphrase a limited portion of a work | Used to quote or paraphrase all or a portion of a work |
Can paraphrase, but cannot typically change the work’s meaning | Can change the work under Fair Use or with advance permission (e.g., under most CC licenses) |
Many citation styles are available (e.g., APA, Chicago, and MLA) |
Attribution statement styles are still emerging, but there are some defined best practices |
Cited resources are typically placed in a reference list | Attribution statements are typically found near the work used (e.g., below an image) |