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Creative Commons and Human Nature

Over on his blog, Dr. Charles Severance has outlined some issues he faces with his use of Creative Commons licensing. I suspect that he is not alone in grappling with these issues. While I have responded in the comment thread on his blog, I also wanted to put these thoughts down here so I don't lose them over time.

Dr. Severance (and additional commenters) outline some scenarios where they have experience issues.

The first two scenarios pull from this comment:

The first scenario is I write a book, make it CC-BY, provide a free electronic copy, and publish at a low price on Lulu so those who want a printed copy can get it. An unscrupulous person grabs the electronic copy and with no changes puts it up on Amazon Createspace and starts selling it. Createspace *would* take the book down if it was ARR but not if it is CC-BY.

After reading through the CreateSpace content guidelines, this actually appears to be a non-issue. CreateSpace is very clear that openly licensed material that is available on the web can only be sold on CreateSpace by the owner of the content. The quotation below is pulled from the "Public Domain and Other Non-Exclusive Content" section.

Some types of content, such as public domain content, may be free to use by anyone, or may be licensed for use by more than one party. We will not accept content that is freely available on the web unless you are the copyright owner of that content. For example, if you received your content from a source that allows you and others to re-distribute it, and the content is freely available on the web, we will not accept it for sale through CreateSpace. We do accept public domain content, however we may request that you provide proof that your submitted material is actually in the public domain and may choose to not sell a public domain title if its content is undifferentiated or barely differentiated from one or more books already available through our service or available through other retail sites. We do not currently accept public domain material for Amazon Video on Demand.

Lulu doesn't appear to have comparable language around openly licensed content, so the NC license would be required to prevent people from reselling openly licensed materials on Lulu.

The next scenario concerns people taking video content and using it in a YouTube channel:

Coursera allows download of high quality videos for those who have bad connections – sometimes a school will download one copy and pass them to many students – or perhaps a company will grab a copy of all the videos and put it up on their intranet behind a firewall. This is great. I license the lecture materials and videos as CC-BY to allow flexible responsible use of all or parts of the lecture materials and videos and because I firmly believe in open educational resources and permission-free remix/reuse etc. But one (out of over 100,000) students decides that they will download all my materials and construct their own YouTube channel of my materials. I contact youTube and ask for a take down request and of course since they are CC-BY – even as the owner of the materials I have no standing in my take down request.

This could be addressed in a couple ways. First, using the Non-Commercial license would probably require Coursera to ask permission before reusing the material, as Coursera is a for-profit company, and delivering courses is their business. At the least, this would enable a conversation that would allow the creator of the material to have some say in the specifics of how the content was reused in that context. It's worth noting that in this instance, the effect of the NC license is comparable to reserving all rights - except, of course, that the NC license would still permit legitimate reuse.

And, in the case of a student who creates a YouTube channel of these videos, the NC license would provide the creator with additional recourse. And, in the case of videos, embedding links/information about the creation of the video in the video would mitigate some of the effects of a third party creating a YouTube channel, as every video would point back to the original source of the content.

Is this a widespread practice? And if it is, and the video contained links back to the original creator, what harm, if any, is done by this? If the point is to help as many people as possible learn as much as possible, even the spammers are helping (despite the fact that spammers are the lowest form of life, below even car salespeople and SEO marketers).

In another comment, Mike Caulfield describes his concerns with a question bank:

I hit different problems with CC-BY on a course I was building — the question/answer bank was importable from the Common Cartridge export, and it occurred to me that it licensing it CC-BY essentially allows it to be shared with any student taking the tests. I wanted to assert that it was free for teachers while maintaining takedown rights on things like Course Hero. You can’t really get to that level of subtlety with CC licenses.

First, the licensing on the questions has never stopped people from sharing them or posting them. As Mike notes, making them freely available as CC-BY would give them the right, but it's worth highlighting that questions have been shared even when people didn't have the right to share them.

But let's dig into this: what if the questions were shared out and known in advance? Students would still need to read through and learn the answers. If the questions are good questions, this provides another means of mastering the essential information in the course. If the questions are mediocre, that's an instructional design issue, and the quality of the assessment needs to be improved.

In any case, the questions could still be licensed as CC-BY, but only made available on request.

In looking at the issues described in this post, they feel more like issues with human behavior (or misbehavior) as opposed to licensing. As many people have noted in the comment thread, there is a subset of people who steal content all the time, and the license is not relevant to these folks. So, reserving all rights won't do anything to stop the thieving class, period.

Within the Creative Commons world, using the NC license is probably the closest thing (arguably - the No Derivatives license is also very restrictive) to reserving all rights. It's worth noting that using a restrictive Creative Commons license still provides more flexibility that reserving all rights, as the more restrictive licenses all identify specific ways that the content can be reused without needing to ask permission. Looked at in this context, a more restrictive Creative Commons license is like a flag that indicates that the author is open to allowing reuse, but that they want to retain some control over the specifics of that reuse.

Still, with all this said, it's worth noting that you can't license people into good behavior. What a lot of people want is a Creative Commons license that says "People who use this well can use it however they want; people who don't, can't."

Unfortunately, it doesn't work that way.

Simple Is Usable, or Why Friends Don't Let Friends Apply Metadata Prematurely

As part of our work on open content, and how to design systems that support authoring and translation that are both useful and usable, we have been thinking about the role of metadata and, by extension, search. This post contains some incomplete thoughts - a line in the sand, more than anything - and, six months from now, will provide something for all of us to laugh at. Possibly, we will all be able to laugh at this sooner than that. Time can be cruel.

In other words, I am firmly reserving the right to recant any or all of what I'm saying here. I'd love to hear different viewpoints on this.

Keep Data Simple

This sounds - and is - pretty basic, right up until it's time to implement an actual system. However, as soon as it's time to build a system, people "just need this one field."

In building data systems, additional fields are the equivalent of scope creep.

faceted

Humans Should Only Enter Metadata In Precisely Defined Circumstances

We'll get to this in more detail later in this post, but whenever possible, metadata should de derived from the data.

In some cases, this is simple: the author of a piece of content is easy to derive. Ditto for the date a piece was created.

A good example of metadata that should be entered by a human is a license.

But, in the case of a person remixing data that uses different licenses, the pool of possible licenses for the remix should be derived.

Your Picture Is My Image Is Her Binary

A system-defined metadata can be useful, but it will be most useful for the people who designed and built the system, as they are the ones who define the system-specific meanings of the metadata terms.

In other words, your metadata will be useful to you, but it might not be useful to your users. For better or worse, metadata is rooted in language, and words carry baggage and connotations that, among a large group of individuals, make a universal meaning elusive at best.

With this in mind, the "best" metadata is often good search.

But Community Tagging Is Awesome

No, it isn't. Community tagging creates the appearance of structure and organization when what you really have is a chunky stew of chaos.

If you can get enough people contributing tags, then - maybe - you will be able to pull some signal from the noise, but that also assumes a large number of people and a robust search technology.

Faceted Search: Blech or Ugh?

In designing search systems for sites, faceted search can be useful at providing structure when sifting through content. However, is faceted search something that we actually appreciate,or something that we have grown accustomed to?

On Google, how often do you use faceted search, or go beyond the options that you can access via the advanced search UI?

If faceted search went away, or was replaced with facets generated from metadata that could be derived from the core dataset, what would be lost? Anything?

Look at your search habits. Identify if or when faceted search saved you time. In situations when you use faceted search, was faceted search essential, or could it have been replicated by full text search?

Search Has Its Limitations

But with all that said, search has its limitations.

Understanding how stemming works (or doesn't work) is essential to interpreting the results we get.

And this is more complex when we work with translated content in multiple languages.

"Just In Time" Metadata

There are times and places where good, structured metadata is essential. By separating out the metadata requirements from the actual dataset (and keeping the core data as simple as possible) you help ensure that the quality of your underlying data remains high.

Implementing a metadata structure around data is firmly in the domain of a context-specific application.

In terms of open educational resources, this allows for easier reuse of the data. If a piece of content was written in the US, a school looking to resuse that content in the UK won't care about the Common Core alignment of the resource.

To put this another way, inflicting a metadata standard on your data (as opposed to applying metadata within an application that uses the data) makes your data both less portable and less useful.

Portability

In listening to people who are writing and using open content, a key barrier we hear about repeatedly is portability (there are others as well, and these other issues will get their own posts).

A barrier to portability - and really, to the usability of authoring and translation platforms that support open content - is the premature and often unnecessary application of metadata into the underlying data. If we keep the data as clean as possible - which means resisting the urge to apply metadata without a compelling need - we can simplify both portability and usability. Metadata should be applied as part of an application that uses the data, when there is a clearly defined need to catagorize the data. And then, the categorization should be done by people who know what they are doing.

It doesn't matter how good your categorization system is if it is applied to your data inconsistently, and/or if no one uses your data.

Image Credit: "faceted" taken by jenny downing, published under an Attribution license.

I Don't Want To Make Too Much Out Of This, But...

At the outset, I want to make it clear that this blog post is not intended to be a comprehensive survey of all things related to Open Educational Resources at the US Federal level.

But with that said, from a high level, it's interesting seeing the move toward Open Educational Resources, and how they are referenced more frequently as both criteria for grants and as a deliverable of these grants.

At http://whyopenedmatters.org/ the Federal Department of Education is helping with outreach to articulate why OER's work.

In 2011, in a joint program between the Departments of Labor and Education, 2 Billion dollars were put toward a program that explicitly required materials produced be licensed under the Creative Commons Attribution license. In February, 2012, a second wave of funding was announced for the program.

And, in a related note, the inclusion of OERs is now listed as a priority for the Discretionary Grant Programs - broadly speaking, this means that Federal grant applications that explicitly reference OERs as part of the grant deliverables mayhave a better chance than other proposals.

Given this general trend at the Federal level, I wonder if/when this will translate into changes at the local level. For example, given the amount of public money being given each year to textbook companies to get proprietary content, why shouldn't there be a directive stating that public money should be spent on acquiring openly licensed content?

At the very least, the trend toward a broader support and use of OER should diminish support for school districts trying to claim copyright over teacher's work.

Understanding Open Content By Talking About Good Teaching

On Saturday, March 9th, we held an Open Content authoring day in San Francisco. It's the second we've put on this year, and for those interested, we have a third coming up in Portland, OR on April 6th.

The San Francisco meetup was held on the campus of Lick Wilmerding, made possible thanks to Jonathan Mergy. In the morning of the meetup in San Francisco, we spent some time working with the participants on converting existing lessons - stored in word docs, google docs, or as collections of files - into more granular, more easily reusable, chunks of information.

The work of transitioning existing instructional material into reusable open content is largely organizational, and involves reviewing and editing existing material to ensure that it is well organized and coherent. However - and this point cannot be emphasized enough - this review and editing process results in better material. This is something that, in an ideal world, would happen anyways. This review should be viewed through the lens of supporting better instructional design, and should be incorporated as part of ongoing teacher professional development. The process of organizing a lesson to make it easier to reuse as open content is EXACTLY THE SAME as reviewing a lesson to make sure it is coherent.

In the afternoon, the discussion included sketching out a rough road map for an entire school to transition to a broader, more regular use of open content. The key element in this transition involves reinforcing the idea that the process of creating open content is identical to the process of creating any other type of content - the only substantial difference is the license that is applied to the work. It sounds obvious, but when discussing open content, the notion of openness - and the new horizons implied by the philosophical shift in focus - often distract us from the familiar act of creating useful educational material.

The starting point for individual teachers, a department, or an entire school is exactly the same: the individual lessons that teachers have already created, currently stored on hard drives, in Google docs, in notebooks, and/or in filing cabinets. These lessons exist; many of them have been tested and revised multiple times. Cleaning up this existing source material - a practice that leads to better instructional design, and a practice that should be happening anyways - provides a starting point. It's also worth noting that teachers working in groups, revising the lessons of their colleagues, provides natural opportunities for peer mentoring.

In an earlier post, we talked about the steps involved in creating open content. Working teachers have already done the first steps. Most are at the point where they can edit and revise to make their work clearer - and, as a side benefit, easier to reuse.

Teachers have lessons and other educational materials. They create them regularly, and use them every day.

Like just about anything, this material can benefit from review, and this review can include reorganization into a structure that makes it easy to reuse the lessons.

Once the lessons have been edited and restructured, they can be sequenced into a unit or a course. At this point, the goals of the unit or course can be used to determine what additional material, if any, is needed to round out the work. If any new material is needed, it can be created, or sourced from other openly licensed content.

In practice, this would look something like this:

A General Open Content Roadmap

The review process - steps 2 and 3, where existing lessons are converted into smaller, more granular components, would occur periodically throughout the year. The process of sequencing the lessons - step 4 - would occur less regularly - perhaps 2-3 times a year - with a semi-annual review session - step 5 - dedicated to cleaning up full courses by filling in any gaps that aren't met with the material that has already been created. This way, the work unfolds gradually, and is a natural extension of the work already required to teach a course, and to prepare for upcoming classes. The process can be sped up, of course, but that requires more focused time, and people who have both the content area expertise and the available time to do the work. If this was implemented at the department level - with all teachers in a department collaborating over the course of a year on focused lesson cleanup - the first year would produce a solid body of work, and the second year could allow for greater levels of experimentation and sophistication - for example, Chemistry and Biology teachers and students could generate some 3d molecular models that could be incorporated into science texts.

But in any case, when we talk about creating open content, the discussion needs to be framed around the act of creating. Teachers are already doing this work, and many teachers are already on board with sharing their work to benefit others. However, we have found calling this process "creating open content" confuses the issue. When we are introducing people to the concept of open content, we need to talk less about the licensing issues, and more about sound instructional design. It sounds counter-intuitive, but we have found that by reinforcing what teachers know, and how that pre-existing knowledge dovetails cleanly with the new concept of open licensing, people understand the new concept - open licensing - more fully, even though we talk about it less. Open content is good teaching, and this is the discussion that we need to be having.

The Write Stuff, Portland - April 6

On April 6th, at Meriwether Lewis School, in Portland, OR, we will be hosting an open content authoring event. The event will be run unconference style, where participants will be able to work with peers as they research, create, and revise educational material. The day is free to attend, and lunch will be provided.

Eventbrite - The Write Stuff - Portland 2013

Based on past events we have run, we anticipate that most participants will be interested in one of five related tracks:

  • People looking to revise individual lessons;
  • People building/creating complete courses;
  • People supporting teachers/departments as they create their learning resources;
  • People who are not working on anything specific, but want to help convert existing openly licensed content into a more usable format;
  • People looking to learn more about open licensing, and how transitioning to open content can save money, increase teacher effectiveness, and be incorporated into ongoing teacher professional development.

If you are currently working on any curriculum, bring any resources you have collected, and we will work on these resources during the day. While there will be opportunities to discuss the philosophy behing open content, the main focus of these days is on the work: how can people get more benefit from the same effort by using a more open approach to their content?

If you are not working on any specific project, but want to work with a community of educators on creating open content, please come! There is a huge body of information that is high quality, but is not in a format or structure that supports reuse. With some time and work, we can fix that.

If your role in the educational world is to provide a vision for your organization, a portion of the day will also be dedicated to looking at how using open content can serve as a catalyst for transformation within a school. One of the things we will focus on is a recurring theme that we have seen as we have talked with teachers about open content: the planning process that every teacher does as they prepare for class is nearly identical to the the planning process for creating open content. The benefits of open content, however, accrue over time. Working with open content creates the implicit expectation that collaboration with peers is a normal and expected part of the preparation process.

This day is being organized by Bill Fitzgerald, Jeff Graham, and Andrea Burton, from FunnyMonkey. Tim Lauer has graciously allowed us to hold this event at Meriwether Lewis Elementary, and Rachel Wente-Chaney has arranged for lunch for all participants, sponsored by the Oregon Virtual School District.

So, what are you waiting for? Sign up to let us know you are coming, and we look forward to seeing you there!

Pre-requisites To Making The Most Of An Open Content Authoring Day

If you are thinking about going to an open content authoring day, here are some tips to help you get the most from the day:

  • Identify what you want to get from the day ahead of time. The authoring events are a mix of community work days and a maker space, and knowing what you want to do with your time will help you make the most of the day.
  • If your goals for the day include working on a specific project, try and make progress on your working outline and your initial research before the event. This way, during the event, you can work with other participants on structure, editing, and other elements of the project where you will benefit from outside review.
  • Glass blower
  • If your goals for the day don't include working on a specific project, that's fine - one of the other ways that you can participate in an open content authoring day is by helping to clean up existing open content that has been released in clumsy formats (pdfs, word docs, powerpoint, etc).
  • If your goal for the day is to learn more about open content, that's fine as well - most events will have an intro session on open content, but then you will get the chance to learn by doing. The open content authoring days have more in common with Project-based Learning or Maker events than with traditional lecture.
  • Identify potential partners - if you think that someone else might be working on a similar concept (or might be interested in working on a similar concept) ask them. If you can assemble a working group prior to the event, you will be better prepared to make the most of in-person meeting of the open content event.

Based on feedback we have gotten from other open content events we have run, we put together a series of posts to help provide background information for people authoring open content. This documentation works equally well for people looking to author open content on their own, with a small group in their school or organization, or for people attending open content authoring days.

But really, the short version of this post is that if you are coming to an open content authoring day, that's awesome. Talk about it. Talk about the work you want to do there. During the day, start the planning for the next one. Identify people you might want to work with to collaborate on a year long project where you each save ten of your best ideas, and then, over the summer, get together to refine that group of great ideas into the best open educational resource ever. The open content days are group work days, but as educators, every day is a work day. Using the ethos of open content, infused with the learn while doing of Project Based Learning, flavored with some of the inventiveness and freedom to experiment that comes from Maker spaces, let's see what we can build.

Image Credit: "Working - Glass Blower" taken by Bob Jagendorf, published under an Attribution Non Commercial license.

Open Content: Licensing, Attribution, and Reuse

Nearly every time we talk about open content, we are asked about licensing, reuse, and the possible risks of reuse. It's a complicated issue, but it is definitely worth noting that using Creative Commons licensed material is significantly less complex than traditional copyright. With authoring events coming up in Portland and San Francisco, we wanted to look at the resources that already existed to explain licensing, and come up with as simple a guide to licensing and reuse as possible.

This post is not intended to be a comprehensive review of either Creative Commons or traditional copyright. The purpose of this post is to provide people writing open content with some sound guidelines for using and remixing content.

Creative Commons Licensing: An Overview

Every one of the six Creative Commons license requires attribution of the original source, and we will look at attribution later in this post. In addition to attribution, a Creative Commons license can reserve the following rights for the author (or place the following obligations on people reusing the content):

  • Non-Commercial - work released under the NC license cannot be used in a commercial endeavor without the permission of the original creator;
  • Share Alike - when a work is released under the SA license, it requires that any future work that incorporates the original must be released under a comparable license;
  • No Derivatives - work released under the ND license cannot be altered or modified when it is reused.

Molly Kleinman has a series of posts on the details of using the Non-Commercial, the Share-Alike, and the No Derivatives licenses.

The public domain is another option; licensing your work in the Public Domain allows anyone, anywhere, to use your work in any way they see fit, without any obligation to attribute you as the original source.

A central reason that Creative Commons licensing gets confusing for people is that thinking about the license requires that we consider two different events: the initial act of creation; and how the initial work can be reused and adapted over time.

Remixing Work and License Compatibility

When we are creating open content, we will likely encounter - and want to use - content that has been licensed under several different licenses. When we are remixing a work and building on other openly licensed work, we need to consider the licenses of our source material as we choose the license of our new work. The chart included below (adapted from the Creative Commons FAQ on licensing work from multiple sources) shows how mixed licenses can be used.

Compatibility chart Licenses that may be used for a derivative work or adaptation
BY BY-NC BY-NC-ND BY-NC-SA BY-ND BY-SA PD
License of original work PD YES YES YES YES YES YES YES
BY YES YES YES YES YES YES  
BY-NC   YES YES YES      
BY-NC-ND              
BY-NC-SA       YES      
BY-ND              
BY-SA           YES  

As the chart shows, if a piece of source material is licensed under a Non-Commercial license, any work built on that would need to be Non-Commercial as well. When choosing a license, we are limited by the licenses of the work we are looking to incorporate. If a derived work uses information licensed under either of the Share-Alike licenses, the resulting work must also use the Share-Alike license. Accordingly, the license we choose will place similar limits on future uses of our work.

This isn't a bad thing, and to all the people who are saying that this is complicated: yes, but it is much more flexible and humane than the existing copyright system. At the end of this piece, I will demonstrate how to use this chart to navigate remixing different sources.

For additional information on reusing material licensed under different licenses, see Resolving License Conflicts When Authoring Open Content.

Attribution

Attribution is required under all Creative Commons licenses, and it is also just basic scholarship.

To attribute a work used in your open content, include the following information:

  • The author's name or pseudonym;
  • A link to the original work; if the resource isn't available online, then information (like publication date, publisher, magazine name, etc) to help someone else find and use the resource;
  • The title of the original work;
  • The license of the original work, with a link to the license, where possible;
  • If available, any applicable copyright dates.

Molly Kleinman has a good writeup on attribution, with examples.

This information can be collected at the end of your post, in a list of works cited and a list of works consulted.

Of these two lists, the list of works cited is the one that matters for choosing a license. When writing online, arguably, the list of works consulted can be inferred from the list of external links on a page.

At the end of this post, I include a list of works cited and a list of works consulted.

List of works remixed

In this post and our companion post on resolving licensing conflicts, we incorporated and reworked material sections from the three works listed above. Two of the works are licensed under the CC-BY license, and one is licensed under the CC-BY-SA license.

Using the matrix included above, we see that the CC-BY posts can be remixed into derivative works using many different licenses.

Our third work is licensed under a CC-BY-SA license; from looking at the matrix, we see that CC-BY works can be remixed into CC-BY-SA. Accordingly, the only choice on this post is CC-BY-SA. Given that this is the license we like to use, this works well.

List of works consulted

The list of works consulted does not affect the license used when publishing a work. When writing for the web, the list of works consulted can generally be inferred from the links in the post. In addition to the works linked in this post, we also read through the information in the posts listed below.

In addition to the posts listed below, Karen Fasimpaur provided some incredibly useful guidance with finding some of the resources used in this post.

Closing Notes

Questions about licensing have been one of the thornier elements to creating and reusing open content. However, with the large and growing body of high quality openly licensed resources that are available, navigating licenses is becoming easier. A goal of Creative Commons licensing is to facilitate sharing and reuse, and this is a fundamental shift in how we traditionally think about licensing.

Resolving License Conflicts When Authoring Open Content

As discussed in Open Content: Licensing, Attribution, and Reuse, the licenses of our source material can affect the licenses we can use when we release our remixed work. At times, there will be potential conflicts that need to be addressed. Unlike traditional copyright, where our options are limited by the whims and decisions of the copyright holder, Creative Commons licensing provides authors with more flexibility and choice.

With some thought and planning, licensing issues can be relegated to just another step in the process of authoring open content.

Resolving Potential Conflicts

If you come across a situation where you are looking at a licensing conflict that appears insurmountable, you have a few other options:

  • Contact the license holder and ask permission; or
  • Fair Use; or
  • Curation; or
  • Multiple licenses covering components within a resource; or
  • Write your own.

Frequently, contacting the license holder and asking for permission will be all that's needed. In many cases, the original author wanted to have some degree of control over where there work will be reused, and are open to allowing it to be incorporated into a derivative work. When we have asked authors to use their work under a different license, we have written a brief email describing our project, how the piece will be used, and why the piece is important within the project. Additionally, we let the author know that we will attribute them, and ask if there is a specific way that want to be recognized as the original creator.

Fair Use is a second option; Fair Use is part of US Copyright Law; there are also some international parallels. The concept of fair use defines a set of conditions under which a portion of a work can be reused or remixed within a new derivative work. This video provides more information on Fair Use. The short version: using information within an educational setting is widely protected under Fair Use.

If Fair Use is not a fit for your specific situation, you can also incorporate work by curating external sources. In this context, "curation" includes a description of how the external resource fits into your work, along with a link to the resource (or, for information not on the web, instructions on how to access the resource).

Using multiple licenses is a third option; while this is the most complex of all options, it does allow for reuse of content under different licenses. When a work uses more than one license, individual components within the work retain their original license, while the bulk of the new work is licensed under a different license. As one example to illustrate when this is a viable approach, if an image under a No Derivatives license is reused in its original format, the rest of the work can be released under a different license while the image retains its original ND license.

The final option covered here is to create your own resource. If none of the options discussed so far work, creating your own new work and releasing it under a Creative Commons license is always a viable option.

Through the options described above, many external resources can be incorporated into open content without infringing upon the rights of the original authors. Attribution and transparency, discussed later in this post, provide additional ways that we can safely and ethically reuse existing content within open educational resources.

Transparency and Intent

One of the fears we hear repeatedly about adopting open content is the fear that it can lead to legal action for infringing on the rights of copyright holders. As with every fear, it helps to temper the concern with some reality.

The reality is that large companies use the threat of a lawsuit as a means of chilling competition. However, the likelihood of that happening is incredibly small, and it becomes even smaller when we use the steps described in this post to make sure that we are respecting the licenses that creators put on their work.

By being completely transparent about the source material we use, by using proper attribution, and by making an intentional effort to use and support open content creation efforts, we minimize any risk even further. The companies and organizations looking to sue are concerned about the long term prospects of their business model, and they should be. The goal of open content, however, is not to ruin the textbook industry in its current form - while that might happen, that's a secondary effect. The goal of open content is to support teachers and learners working together to create the best learning process possible. Content plays a role in that, but, the process of creating and reusing open content becomes more valuable than the actual content.

When discussing open content, many people become focused on the "content" rather than the "open." By being transparent about our sources, our methods, and our goals, we can provide a clear roadmap of how we got to a specific piece of content. In most cases where the author of a piece of work has a question about how their work is being used, they will ask that the work be removed, or they will ask for more information. In these situations, being fully transparent about how we created the work will help demonstrate our intent. This is not a blanket protection against legal action, but given that (in the US, anyways) anyone can sue anyone for any reason, it's difficult to get that blanket protection whether we use open content or not.

Being fully transparent in how we source and create open content, however, helps illustrate the process by which more people can benefit from open content. It's also a stark contrast to traditional textbook companies, where various interest groups vet and make recommendations to textbooks prior to publication. Transparency offers demonstrable evidence of how our work came into existence.

Using Advanced Search To Find Open Content

Last week, we put out a guide to creating openly licensed content prior to our first open content authoring event in Philadelphia, and our session at EduCon on open content. During these events, several people asked about the easiest way to find openly licensed content. Sites like OER Commons can be useful, but for us, the easiest way we have found is using Google's advanced search feature.

The screencast below gives a quick overview on how to find content. If you are doing this as part of research, you will want to use one of several methods to sort and organize the useful information you discover. We will cover how to collect and organize this information in a follow up screencast.

A General Schedule for an Open Content Barn Raising

Tomorrow, on January 24th, at Science Leadership Academy, from 10 to 4:30, we are having the first of several participant-led work days focused on authoring and sharing open content.

As we have discussed before, our goal is to create a framework that can be used by anyone, anywhere to hold similar community-led events for the purpose of authoring open content. Toward that end, here is a general schedule that we will use to structure the workday. We will likely adjust this as needed, but this general structure will get us started:

  • 10 to 10:30 - Introductions - if people have specific goals for the day, we'll use the intros to help set priorities and, where appropriate, set people up in teams;
  • 10:30 to 12:30 - Work;
  • 12:30 to 12:45 - Pre-lunch check in - before we grab lunch, we will check in and see how people are progressing. If there are any issues that will benefit from the attention/work of the group, we'll look at them together;
  • 12:45 to 1:45 - Lunch;
  • 1:45 to 2:15 - Post-lunch check in - after people return from lunch, we'll revisit the goals we set in the morning. If any newcomers are joining us post-lunch, we'll get them set up and working;
  • 2:15 to 4 - Work;
  • 4 to 4:30 - Closing - in the closing conversation, we'll identify how people want to follow up on the day, including next steps, and what can be improved in future events.

Additionally, as part of our work with open content, we are building an open source content authoring platform. During the workday (and also during all of EduCon) we would love for some folks to work with us on some usability testing. We have a solid prototype in place, and a roadmap for future development, but we also want input from other people. If you are interested in learning more about user testing and aren't going to be at the Barnraising on Thursday, please get in touch with Andrea Burton - within FunnyMonkey, Andrea is the UX expert.

After the barnraising on Thursday, we'll post up a summary of the day. For those of you coming to the event, we'll see you tomorrow!

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