Notes on Creative Commons & Open Licensing

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If we look carefully at the Values and Vision in the New Zealand Curriculum we see that inquiry & curiosity, equity, community, sustainability, integrity, respect – all fit perfectly into the values of the Open Movement – the idea of collaborating on projects, sharing resources, crowd-sourcing and drawing on the expertise of each other.  The Key Competencies also fit well especially participating and contributing as students learn to be effective and positive citizens. The Vision – totally fits! So many parallels! Members of communities, making informed choices, effective users of communication tools…..

If we are really working to develop these values as students go through school then we have to include a fluency around referencing, acknowledging other people’s work, giving credit and showing gratitude as well as being generous with our own IP.  It should be easy to marry up the principles, values and vision of the NZC and embed good practice and understanding around the Open Movement and Creative Commons.

Using information we find in different websites is OK as long as we acknowledge where we found it and credit opinions and ideas to the person who wrote them.  It is important to check what restrictions an author/creator has put in their work. The information should be somewhere on the website. If it isn’t, don’t just assume that you can use it.  If is says that you should seek permission to use the work, then that is what you should do.

Learning how to reference is another thing, but Google makes it easy. Doesn’t mean we shouldn’t think about why we need to do it and examine the process. Give credit where credit is due, respect others and my additions – show gratitude!

“Respect and acknowledge the work’s creative heritage, as well as that of the creator, and always, always give attribution.”

Intention: critical creativity in the classroom Amy Burvall & Dan Ryder

YarnBombed Bicycle

YarnBombed bicycle by Anne Robertson CC-BY

Quotes provide short sharp commentary that you can talk to but are easy ‘take aways’ for participants. They are also a great way to link to research. But keep them short – choose the bit that really captures what you want to say. The referencing should be specific e.g. chapter/page so participants can find it easily later in context.

NZGOAL is guidance for agencies to follow when releasing copyright works and non-copyright material for re-use by others. It aims to standardise the licensing of government copyright works for re-use using Creative Commons licences and recommends statements for non-copyright material.  NZ Health Research Strategy, 2017 – 2027. Action seven says that “The Government will ensure that… policies support open access to research findings.”

 

Current employment law means that the Intellectual Property on anything a teacher creates whilst in employment belongs to the employer i.e. the Board of Trustees. This means that our teachers, by sharing their work and by taking it with them when they leave a school, are technically going against the law. The reality is that we all share, we are encouraged to share, it is good for our profession, for our professional learning and for the school when teachers share resources.  Adopting a Creative Commons Policy means that the BoT, as employer, says – we, the BoT still own the IP for works you create but we recognise the work that you put in, we appreciate it and we encourage you to continue sharing and creating, but if and when, you leave the school, you have to leave a copy of all you do with the school but please feel free to take anything you have created with you.

Adopting a Creative Commons Policy in your school – presentation for BoT & SLT

Adopting a Creative Commons Policy in your school – notes for NoT & SLT to go with presentation

Template Intellectual Property Policy for schools

Paula Eskett posed this question to us last year as part of a proposal for the CC Global conference.

An observation as a relative newcomer to the CC and Open movement is that much time, energy and resourcing is put into backfilling people with the understandings and raison d’etre of the Open movement. What if instead, we used existing national education curriculum frameworks and embedded the principles, potential and possibilities of Open and Creative Commons into a student’s learning and thinking through that framework? My proposal is to look at New Zealand’s Curriculum Framework – NZC. Instead of backfilling adults, let’s start preloading our tamariki (children) and have their graduate profile (when they leave school) include; contributing, collaborating and creating and SHARING new information and resources as their business as usual.

My observations in no particular order – in addition to my thoughts above, just as they came to me, are these…

The struggle often with teachers is that they have gathered bad habits around the use of media which is on the internet – the horse has metaphorically bolted as teachers have made use of photos, videos, music on the internet, overwhelmed by what is out there. There is also a lack of clarity around what they can use and what they can’t.  It was quite clear cut with books, magazines and even videos to a certain extent. Most had a copyright notice in the front plate or on the package. The internet seems to be a place full of free stuff. And to be fair, the people that put stuff there didn’t necessarily think about the ramifications of intellectual property either.  For many of our teenagers it may not be too late but it is hard to convince them that they can’t use everything out there and they should seek Open Resources or at the very least reference accurately. It is just too hard – especially when many of the images they get are from curation sites such as Pinterest, Scoopit which have no referencing protocols.  I remember asking kids when I was teaching about where they get their images for presentations and their response was, “Well if people put it there, they must want us to use it, so why shouldn’t we?” It’s a hard observation to respond to when all they have known is a plethora of media out there for them to consume. How do we get them to become critical, considerate, grateful consumers of media? Even better, how do we encourage them and teach them the skills to be creators of media with a good understanding of their own rights as authors, artists, musicians, filmmakers?

Primary school kids are the target audience but teachers also need to have understanding if they are to teach good practice – how do we do that if we accept that backfilling is too hard?!

Teachers are used to using resources that they are allowed to use in an educational context e.g. films, music but which cannot be used in the public domain. Currently not many reference those resources and don’t model good practice. A good example came up on the Teacher Primary School Facebook last year – a discussion about showing videos at camp and at the end of the year for relaxation – the rules are quite clear about the use of films – they have to be for an educative purpose…so, if you can make filling in time or reward for hard work or entertainment at camp fit an educative purpose then, all good! They also can’t be shown in an environment where there are members of the public – a camp with parents could be argued to be a public place, with a public audience.  I don’t think we need to be all moralistic about it but conversations need to be had.

Many teachers I have spoken too also don’t understand the concept of making their work freely available and are even opposed to giving away their work. Sites such as Teachers Pay Teachers encourage teachers to sell their work and buy other teachers’ resources. Understanding around intellectual property of resources created by a teacher whilst in full time employment is very poor.  Just have a look at the threads on the Facebook Teachers’ Primary page!! (not sure how many times I have had to weigh in and explain again …) Lots of indignation about the work they have put in and how it should be theirs to do what they want with. The message is slowly getting out there that a CC Policy is the way to go – the last time the question was raised two or three other teachers mentioned it whereas a few months ago I was the only one!

Academics in universities also have limited understanding of Open Resources and are fearful that their work will be ‘stolen’ if it is not copyright. (My hubby’s input – he works in a Uni). There is also a perception that ‘free’ has less worth (!?)

Amy Burvall has this to say (see below) about creating, acknowledging those who have come before and ownership of creative works. They are all derivatives, we all use other people’s ideas to spark our own and we build on them. That’s why working collaboratively is so effective. But we should always acknowledge the other voices that contribute to our creative works.

Resources

http://creativecommons.org.nz/ccinschools/

http://creativecommons.org.nz/licences/licences-explained/

http://resources.creativecommons.org.nz/all/?&topic=schools

Unsplash

Creative Commons

PhotosforClass

 

Nethui 2017

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I had the privilege of participating in Nethui 2017 in Auckland last week. I haven’t been to a ‘full’ Nethui before although I went to the regional roadshow in Rotorua last year. I believe that this is the best value for money, most enriching conference I have been to for a long time. I think it is because, although I love teaching, teachers and the education world, we can sometimes become wrapped up in it and forget that there is a real world out there too. According to the conference website;
“NetHui brings everybody and anybody that wants to talk about the Internet together. We’re not a conference and speakers won’t talk at you all day. NetHui is a community event – made for the community, by the community.

Participation and collaboration are at the heart of NetHui. The programme isn’t decided by InternetNZ – it’s designed by the community. NetHui is about issues that actually matter to your community.”

Given the political climate at the moment the theme of “Trust and Freedom on the Internet” was entirely apposite.

Here is a Wakelet of the tweets interspersed with a few of my own comments.

Copyright for Innovation

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Large copyright graffiti sign on cream colored wall by Horia Varlan  CC-BY

A few weeks ago I attended a panel discussion about copyright and how fair use of media, copyrighted material promotes or inhibits creativity. It was hosted by the University of Auckland Law Department.

A panel of international experts on copyright and innovation led the discussion about copyright, fair use of intellectual property, open access and how it all works in the media, education and business.

At the bottom of this post is the Storify of the evening (edited – now converted to a Wakelet since Storify ceased to exist).

But how does copyright etc apply to schools, teachers and students?

Mention copyright in staff rooms and people’s eyes usually glaze over.  The only real exposure most teachers have to it is in ignoring the poster over the photocopier warning them about what percentage of a book they can legally copy!  Some schools have a vigilant admin person who manages all the photocopying and enforces the rule strictly, in other schools the law may as well not exist.

Drama and music departments have a better understanding of copyright laws as it directly impacts the work they do.  Some media is available for use in an educational context but the limitation lies in that the content cannot be published or presented to the public. It may be possible to perform plays, use musical scores, sing songs within a school context to an audience composed of people within school, but as soon as you invite an outside audience in you may find yourself breaching the terms of the copyright unless you have sought permission to use it. (https://www.tki.org.nz/Copyright-in-Schools/Guidelines-for-schools/For-teachers-and-contractors/Guide-to-performances)

So far so clear.  But what about films? I know that films are used extensively to support learning in many subjects. They are also used as ‘end of term fillers’. The philosophical and pedagogical rights and wrongs of this I will not go into here. However, it is clear from the guidelines on the TKI page Guide to copying and showing films that the showing of films should be for educational purposes only.

“You may not show a hired or purchased video/DVD in your school simply for entertainment purposes. For example, you can show the film Shakespeare in Love when it relates to your drama course, but you may not show it to your drama class merely to entertain them at the end of term.”

And you cannot copy the film multiple times to enable every student to have their own copy, nor can you make it available on the school learning management system. Read more at Electronic copying and works on the internet.

OK, so all this is well and good, and the law is quite clear if we bother to find out about it and pay any attention to it.  But there are areas around use of media and ownership that are less clear (or more open to interpretation).

Who owns what you produce as a teacher for your students?  At any time of the day or night, term time or holidays?

The answer is simple: your employer. The Board of Trustees. Not you.

What does that mean?  It means that legally speaking anything that you create in the course of your employment has to stay in the place of your employment when you leave and you cannot take a copy of it with you. WHAT?!  My work, my time, my blood, sweat and tears, my creativity, my imagination!

How does not being able to share my work fit with Kāhui Ako (Communities of Learning)? How does it encourage collaboration across schools and between teachers? How does it encourage me to be creative, spend my time working on great resources if I can’t keep them? How will anyone know if I take a copy anyway? Who is going to stop me?

Well the answers are, it doesn’t and nobody. Unless you start to sell them and make megabucks, or if you take them and don’t leave a copy behind for your colleagues to use and they are left in the lurch.

So, how can I legally own what I feel I morally own because I created it?

A CREATIVE COMMONS policy provides teachers and schools with a way forward.  Put simply, if a school adopts a Creative Commons Policy, then the BOT maintains ownership of resources but agrees that those resources can be shared as long as they are shared under the same license.

So what about images and media that you and your students use in your work? How do I know who has created media on the internet? Who owns the photos in “Google Images”? How do I know what I can use and what I can’t? How do I attribute ownership?   Creative Commons provides answers there too. There are heaps of ‘free to use’ media if you know where to look.  In Google images, go to Tools and then Usage rights to get a return of open source images.  Photos4Class is a great one to send kids to as it inserts appropriate referencing too.  Unsplash has heaps of amazing images that are free to use and they also provide the attribution code for you to use. And

The Creative Commons website has a heap of links to open source resources as well as useful information on how to appropriately attribute and reference media you have used.  Saying “Retrieved from Google Images” just doesn’t cut it!  Or take your own photos and use them and apply a Creative Commons License. Encourage your kids to be creators rather than consumers. Because, as Amy Burvall quotes from Jean-Luc Godard in her book “Intention: critical creativity in the classroom

“It’s not where you take things from – it’s where you take them to.” 

And we really do want to encourage our students to use other people’s creative works, to be inspired by them, to build on them. As Mark Twain said,

“All ideas are secondhand, consciously and unconsciously drawn from a million outside sources.” 

And all creative work is derivative – as Amy quotes from Isaac Newton in her book (p.51)

“We all stand on the shoulder of giants.”

But we also have to ‘teach our students the value of providing attribution when appropriating even the smallest elements.’ p52, Intention: Critical creativity in the classroom

Nobody is very likely to prosecute you if you use an image or a piece of music that is not yours to use unless you are particularly unlucky. Although, there are plenty of examples when that has happened, especially where music is concerned. And I have heard plenty of teachers and students say, “But how will anyone know if I have used a photo, a video, a piece of music?” and “Why should I care?” and “Will anyone really stop me?”

It comes down to trust, to values, ethics and morals. The values of citizenship that we instil into our kids, that are enshrined in our school charters, that we live and work by everyday.  Taking what is not legally yours without asking permission is theft. Pure and simple.  Using media that is created by someone else without attributing it to them is just bad manners and shows lack of gratitude. And as educators we have a responsibility to model good practice.