Building Capacity 

in K-12 OER

Quick Links for Creating and Adapting Openly Licensed Works

How Can Creative Commons Licenses Change Your Practice?

Creative Commons licenses are legal tools anyone can use to share or create educational resources. 

The licenses provide a standardized way for creators/rights holders to give others advance permission to adapt, modify, and reshare their work.  

They do not replace Copyright. Creative Commons licenses work with Copyright to expand what is allowed. They also ensure creators are credited.

More About Creative Commons

Collaborate, Create, Adapt, Share

Seventh-grade Social Studies Teachers by Allison Shelley for EDUImages  is licensed  under CC-BY-NC 4.0

Where to Start?

An understanding of how to work with Creative Commons licenses and other aspects of open practice fuels collaboration and innovation. It supports a model of public education that is efficient and equitable through wider resource distribution. It also positions school divisions and educators as leaders through offering an ethical path for sharing innovative resources

  1. BE COPYRIGHT AWARE

"Copyright Symbols" by MikeBlogs is licensed under CC BY 2.0.

Copyright basics are a must for anyone using online material or sharing online.

Copyright Basics

The following non-legal information primarily reflects the Canadian Copyright Act and will help you better understand some key concepts relevant to open licensing. The external sources listed below can be consulted for more information. Seek legal counsel where legal advice is needed.


What is the Purpose of Copyright?

Beginning with the first copyright law of 1710 (England’s Statute of Anne), a central purpose of copyright is to incentivize creators by offering exclusive rights. An additional purpose is to recognize and protect a creator’s relationship with their work by requiring attribution and preventing modification.


What Legal Rights Does a Copyright Holder Have?

Only the copyright holder has the right to license, reproduce, adapt, distribute, sell, publish, or perform an original work or a substantial part of it. If someone wants to use the work, they need to ask for permission or provide payment.

The creator is not always the copyright holder, as in the case of someone who creates a work as part of their employment duties.


I found it Free Online. Is It Protected by Copyright?

Yes. Unless content is marked as Public Domain, it is protected by Copyright even if it is under an open license. The Copyright Symbol is not necessary in Canada, though some countries do require it. Registration with the Copyright Office is also not necessary.


So Copyright Protection is Automatic?

Yes. Copyright applies to original literary and creative works the moment they are created. Photographs, artworks, student work, videos, sound recordings, blog posts, and Website content are just a few examples. There are some things that are not copyrightable. For example: the expression of specific facts or ideas are protected by copyright, but not the facts or ideas themselves.  To be protected, a work must be original and demonstrate a degree of creativity. It must also be in a fixed format (such as written or recorded).


Are There Limitations and Exceptions to Copyright?

Yes. Legislators recognize the need to balance public interests with the protections of copyright holders. For example, provisions for the visually impaired allow for copying and adaptation.  Most countries also have exceptions for the purposes of parody, criticism, and other uses that may vary by country. In Canada, the Fair Dealing exception to Copyright includes the use of short excerpts for the purpose of education.  


How Might the Fair Dealing Exception for Education Apply to My Own Work?

Fair Dealing is important in your classroom teaching because it allows you to make and distribute copies of short excerpts (such as a chapter or approximately 10% of a work) to your students. Learn more at Councils of Ministers of Education . 


Applying Fair Dealing to Open Educational Resources you create and share online is less widely understood, but the Code of Best Practices in Fair Dealing for Open Educational Resources (Johnson, R., Martin, H. Savage, S. Dickison, J. Ludbrook, A,, Lar-Son, K., 2024) is a key source for learning more.  


Does Copyright Expire?

Yes. In Canada and the U.S, Copyright lasts for the creator’s life plus 70* years (life plus 70). Certain publications may have shorter terms, such those published by the Crown (50 years after publication) or Corporations (under U.S. Law). Upon expiration of copyright, works enter the public domain. Some creators choose to dedicate their works to the public domain at the time of creation, and bypass copyright protection.


*Note: As of Dec. 30, 2022 the general term of Copyright Changed from 50 to 70 years after the death of the creator. Works that entered the public domain prior to Dec. 30 2022 are not affected. 



Are Public Domain Works Free from Copyright?  

Yes. Essentially, public domain works are outside copyright and can be used for essentially any purpose without permission. Attribution of the creator of a public domain work is not required in Canada or the U.S., however it is still good practice.


How is Copyright Related to Trademarks and Patents?

Copyright is just one example of intellectual property is protected. Trademarks allow corporations or organizations exclusive ways to promote and products or services. Patent law gives inventors a limited time to produce and market their invention, in exchange for a release of their ideas after the term ends.



Sources


Canadian Association of Research Libraries (CARL). (2021). Copyright Open Educational Resource for University Instructors & Staff. Module 2: How Does Copyright Law Apply at my University? Retrieved May 21, 2024 from https://www.carl-abrc.ca/influencing-policy/copyright/opencopyrightcourse/module-2/


Creative Commons. (2024). Creative Commons Certificate Course for Educators, Academic Librarians, and Open Culture. Unit 2: Copyright   

     Law. https://certificates.creativecommons.org/cccertedu/


Government of Canada. (2023, October 1). A Guide to Canadian Copyright. Canadian Intellectual Property Office. Retrieved Feb. 17, 2024 from

       https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/guide-copyright    

 

 Heer Law (2023, October 19) Understanding Moral Rights Under Copyright Law. Retrieved Feb. 16, 2024 from 

      https://www.heerlaw.com/moral-rights-copyright-law


Johnson, R., Martin, H. Savage, S. Dickison, J. Ludbrook, A,, Lar-Son, K. (2024). Code of Best Practices in Fair Dealing for Open Educational Resources.   

   Canadian Association of Research Libraries (CARL). https://www.carl-abrc.ca/influencing-policy/copyright/carl-codes-of-best-practice-fair-dealing/


"Copyright Basics" by Beth Cormier is licensed under Creative Commons Attribution Non-Commercial 4.0

2. UNDERSTAND CC LICENSES

      (BY-Attribution, NC-Non-Commercial, SA-Share Alike, ND-No Derivatives). 


Creative Commons Site: About CC Licenses

 Google Slides Version                                                                         PDF Version

Check your Understanding 

Public Domain; Exceptions to Copyright

Working with CC Licenses

There are two main ways to incorporate CC-licensed content (images, text, videos etc.) into a larger work:



Each has specific licensing considerations to be aware of. The document below includes considerations and examples. Remixing CC-Licensed work, from the Creative Commons Certificate for Educators, Academic Librarians and Open Culture is also highly recommended.

Collections and Remixes Handout.pdf

3. FIND & BUILD ON OPEN CONTENT



4. SELECT & APPLY A LICENSE

Open licenses make it easy to share. You retain your copyright, but you can indicate what people can do with your work (modify? re-share?) and under what terms (non-commercial use only? re-share under the same license?). The attribution terms also ensure you receive appropriate credit for your work.

Post to existing OER platforms, and/or use your own Website as a platform to share and distribute.


Quicklinks

Attach a License:


About CC Licenses


CC License Chooser 

Share on a Platform:


OERCommons


Learnful

See Some Examples:


Gallery

Find Out More


Choose Your Open License

CC License Chooser

The Creative Commons License Chooser might help you choose a license. 

A common license for OER is CC BY-NC (users may distribute, remix, adapt, and build upon the material for noncommercial purposes only, and only when attribution is given to the creator). 

More About CC Licenses

6 License Descriptions

Review the 6 license descriptions from Creative Commons. 

Copy the licence image or code and add it to each page of your content (or to PEFs. Include a link to the license. 

As an example, our site contains CC licensing at the bottom of each page.


Your Own Web Page is a form of Publishing



Share our Site with your Colleagues!

Learn more about how Creative Commons Licenses can change K-12 practice at www.openteacherab.ca

References

Alberta Education. (2020). Teaching quality standard. Alberta Education. Edmonton, AB. https://open.alberta.ca/publications/teaching-quality-standard-2020#summary


Kimmons, R. (2018). Copyright and Open Licensing. In A. Ottenbreit-Leftwich & R. Kimmons, The K-12 Educational Technology Handbook. EdTech Books. Retrieved from https://edtechbooks.org/k12handbook/copyright


Hegarty, B. (2015). Attributes of open pedagogy: A model for using open educational resources. Educational Technology, 55(4), 3-13.

Image Credits

Header: Google Sites standard images

Copyright: "Anne of Green Gables First Edition Copyright Page" by BiblioArchives/Library Archives. is licensed under CC BY-NC-ND 4.0

Find Open Content: Original image, created from Google Advanced Search page

Attribute: Attributing Text example is from Recommended Practices for Attribution: Attributing Text by Creative Commons is used under CC BY 4.0/ Image is excerpted from Original Text; colour added.  

License: Creative Commons Image, Pixabay. Used under Pixabay License: Free for commercial use. No attribution required.

Engage: Photo by Cade Martin, Dawn Arlotta, USCDCP on Pixnio. Licensed under CCO.