The exclusive rights of a work’s creator to:
Reproduce the work
Create derivative works
Distribute copies of the work
Perform the work in public
Display the work in public physically or otherwise (television, radio, internet)
These works need to be in a “tangible” format, which could be physical or digital.
Usually, but it is the creator’s right to give permissions for others to use their works.
No. Works not protected by copyright include:
Titles, names, short phrases, slogans
Facts, news, and discoveries
Works created by the U.S. government
Ideas, procedures, methods, systems, processes (but these may be patentable)
Works lacking a modicum of originality (e.g. a phone book in alphabetical order)
Copyright is now automatic when a work is created, no indications are necessary. If there is no indication of copyright and the work was created after 1928, you must assume it is “all rights reserved.”
This is a very common issue on websites.
If a work was created before and up to 1928, it is in the public domain. This takes the work from “all rights reserved” to “no rights reserved.” attribution isn’t even necessary, although it’s informative.
Sound recordings are in the public domain before and up to 1923.
There are a few other ways a work can be in the public domain, but those are more complicated. Check the Public Domain website.
Creative Commons licenses are legal permissions given to everyone on top of your copyright. They give the 5R permissions with the following restrictions:
Attribution (BY): You must attribute the original work when you make a copy or a new work.
Noncommercial (NC): You may not use works made with this work for profit.
Share-Alike (SA): You must put any works created with this work under the same license.
No Derivatives (ND): You may not alter this work, only copy it. ND works are not OER.
Let's hear from Jeff on copyright and open licensing.
When assigning a Creative Commons license to your work, be sure to use the most up-to-date version of the license. The most up-to-date versions of Creative Commons licenses are the 4.0 International Licenses. Versions 3.0 and up will still work flexibly for you and for other instructors who would like to use your works.
Works with versions 2.0 and below will have outdated attribution standards which could be enforced strictly by rightsholders; be sure to pay attention to the version number of the open license when remixing and revising other works and follow the directions for attributing these correctly.
To ensure that ALG grant projects have a lasting effect throughout the USG, Affordable Learning Georgia requires works created through the grants to be available to the public under a Creative Commons Attribution License (CC-BY).
In other words, grant-created materials will all be OER.
Exceptions can be made. For example:
Remixing or reusing a file with a more restrictive license (CC-BY-NC-SA, for example)
Instructor-created assignments within proprietary platforms (WebAssign, etc.)
Sharing your assessments with anyone other than your own students is optional:
Tests and Quizzes
Research Paper / Essay assignments
Successful sharers of student assessments (such as OpenStax) have a vetting system in place to distribute tests and quizzes to faculty only. ALG does not yet have this type of system, so open is optional.
Brightspace D2L is a USG-subscribed Learning Management System (LMS) which allows instructors to share a closed online course with their students.
If you want to make your LMS materials freely-available, you will usually want to present your material in an another platform, perhaps as a “copy” of what you create in the LMS.
In some cases, a total LMS course export may work, but this is not recommended.
We'll talk more about this when we get to hosting, but check out OpenALG, our OER repository.