What a Difference a MOOC Makes! Copyright management for online courses
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This document discusses copyright issues related to massive open online courses (MOOCs). It notes that Duke University has offered over 13 MOOCs with over 650,000 registrants. Most participants are college-educated and from outside the US. The document outlines different copyright considerations for MOOC content, including ownership of course materials, using third-party content through linking, fair use in courseware, and getting permission for assignments. It emphasizes that copyright practices in MOOCs should align with pedagogical goals and that libraries should engage with this changing online learning environment.
What a Difference a MOOC Makes! Copyright management for online courses
- 1. What a Difference a MOOC Makes! Copyright management for online courses Kevin L. Smith Office on Copyright & Scholarly Communications, Duke University Libraries
- 2. What’s a MOOC? • Massive – often enroll tens of thousands of participants • Open – Anyone can enroll; no prerequisites or barriers other than Internet access • Online – Entire courses must be online and asynchronous, except for discussion forums • Course – Attempt to make experience similar (maybe better!) then on-campus course Office on Copyright & Scholarly Communications, Duke University Libraries
- 3. MOOCs at DOOK • 13 courses offered at least once, a dozen more in development. • Over 650K non-unique registrants across all Duke Courses. • Rapidly changing environment. • Significant positive feedback from instructors & participants. Office on Copyright & Scholarly Communications, Duke University Libraries
- 4. Who MOOCs? • About 2/3 of participants from outside U.S. – 31% Europe, 16% Asia, 10% Latin America, 3 % Oceania & 2% Africa – Coursera taking steps to increase enrollment from China • Over 80% have college degree(s). • Wide range of ages. Office on Copyright & Scholarly Communications, Duke University Libraries
- 5. Why should libraries care? • Disruption of teaching & library models • Changing fast, externally-driven • Rapid uptake, but in an environment of rising costs and questions about quality = A laboratory for changing library services (including around copyright & permission) Office on Copyright & Scholarly Communications, Duke University Libraries
- 6. What’s really happening? • A vast experiment in the social construction of learning. – MOOCs are VERY social spaces. – Much of the learning happens in discussion forums. – Flipping classrooms. • If libraries ignore this phenomenon, they risk accelerating irrelevance (IMO) Office on Copyright & Scholarly Communications, Duke University Libraries
- 7. © in MOOCs -- A taxonomy of issues • Ownership of course content • • • • Work Made for Hire? Joint authorship Campus policy Contractual relationships • Using third-party materials – Linking (legally OK, but practical issues) – Use in courseware (transformative fair use) – As assignments (permission) Office on Copyright & Scholarly Communications, Duke University Libraries
- 8. A note on “closed” online courses • TEACH Act – Requires access be limited to students enrolled in course that is “regular part of systematic mediated instructional activities.” – Must not normally allow downloads. • MOOC & social media platforms – Usually do not meet TEACH Criteria Office on Copyright & Scholarly Communications, Duke University Libraries
- 9. Ownership Office on Copyright & Scholarly Communications, Duke University Libraries
- 10. WMFH & Joint Authorship • “Work Made for Hire” would apply, by definition, to most academic work. – Usually renounced by policy, at least for books & articles. • MOOCs, like digital humanities projects, always created by joint authors. – Need for agreement about ownership, use. Office on Copyright & Scholarly Communications, Duke University Libraries
- 11. Campus policies • Often claim online courseware as WMFH. – Sometimes because of extra support or use of extraordinary resources. • Alternative is a license to the university for broad use & reuse, leaving © with faculty creator. • Also need to look at Conflict of Interest policies Office on Copyright & Scholarly Communications, Duke University Libraries
- 12. Contractual relationships University Instructor/Course creator MOOC Platform Office on Copyright & Scholarly Communications, Duke University Libraries
- 13. Using 3rd-party content (i.e. other people’s stuff) Office on Copyright & Scholarly Communications, Duke University Libraries
- 14. Linking • Probably no legal issue. – Could a link be contributory infringement, if material is itself clearly infringing? • How could we know? • Good faith is important • Practical problems – Reliability – Access in other countries – Access for the disabled Office on Copyright & Scholarly Communications, Duke University Libraries
- 15. In courseware I just want SOME content I want THAT content • Use public domain material • Use licensed material • Determine © status • License? • Is it fair use? – Open license – Blanket license – Transformative? • Can I get permission? Office on Copyright & Scholarly Communications, Duke University Libraries
- 16. Transformative fair use • Transformation when it becomes part of something new, or is re-purposed. • Much content incorporated into lectures is transformative fair use. – Analogy with quotations in an article – Evaluate need for THIS content • Good teaching = good © practice Office on Copyright & Scholarly Communications, Duke University Libraries
- 17. Three questions • Does it help me make my new point? • Will it help my students get the point? • Did I use just what was needed? Office on Copyright & Scholarly Communications, Duke University Libraries
- 18. As assignments • Wide distribution makes fair use problematic – Less clearly transformative – Does commercial nature of platform matter? • Best to rely on – Open Access materials (lots of options!) – Permission Office on Copyright & Scholarly Communications, Duke University Libraries
- 19. Getting permission • Result vary greatly. • First task is getting a response. • Emphasize new marketing opportunity – Mutual benefit Publishers want • Link to purchase • Download stats • Click-through data Office on Copyright & Scholarly Communications, Duke University Libraries
- 20. Questions? Office on Copyright & Scholarly Communications, Duke University Libraries