Professor Anne Fitzgerald Queensland University of Technology 15 June 2012 © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Educational Resources and Open Access to Research outputs OER (schools, tertiary sector – TAFE, universities etc) Curricula courseware teaching materials Schools, TAFE, universities Open Access to research outputs (publicly funded research – government, tertiary education sector) publications – books, reports, journal articles results – data, databases © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Access to Knowledge Law (OAK Law) – Legal Framework for e-research Project See: http://www.aupsi.org/publications/ Creating a legal framework for copyright management of open access within the Australian academic and research sector: OAK Law Project Report No. 1 (2006) Building the Infrastructure for Data Access and Reuse in Collaborative Research: An Analysis of the Legal Context (2007) Guide to Developing Open Access Through Your Digital Repository (2007) Understanding Open Access in the Academic Environment: A Guide for Authors (2008) Review and Analysis of Academic Publishing Agreements and Open Access Policies (2008) Academic Authorship, Publishing Agreements and Open Access: Survey Results (2008) © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. The case for OER “Nearly one-third of the world’s population (29.3%) is under 15. Today there are 165 million people enrolled in tertiary education1. Projections suggest that that participation will peak at 263 million2 in 2025. Accommodating the additional 98 million students would require more than four major universities (30,000 students) to open every week for the next fifteen years.” Sir John Daniel, Commonwealth of Learning (COL), ‘Tertiary Education: How Open?’, 20 May 2011 at http://www.col.org/resources/speeches/2011pr esentation/Pages/2011-05-19b.aspx. Storm Trooper by Maximus_W, licensed under CC BY2.0 Generic , http://www.flickr.com/photos/239 [email protected]/6032572260 UNESCO – Commonwealth of Learning (COL) the substantial rise in global enrolments is unlikely to be accompanied in equivalent increases in the human and financial resources available to the higher education sector. OER and advancing ICT infrastructure ‘opens up opportunities to create and share a wider array of educational resources, thereby accommodating a greater diversity of student needs’ ‘governments have an interest in ensuring that public investments in higher education make a useful and costeffective contribution to socio-economic development’. governments should require educationally useful materials developed with public funds to be made available under open licences. UNESCO-COL Guidelines for Open Educational Resources (OER) in Higher Education published in 2011 under a CC BY-SA licence. http://www.col.org/PublicationDocuments/Guidelines_OER_HE.pd f. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. The concept of “OER” The OECD defines OER as: ‘digitised materials offered freely and openly for educators, students, and self-learners to use and reuse for teaching, learning and research. OER includes learning content, software tools to develop, use and distribute content, and implementation resources such as open licences.’ OECD, “Giving Knowledge for Free: The Emergence of Open Educational Resources”, OECD, Paris, 2007, at p 38, available at www.oecd.org/dataoecd/35/7/38654317.pdf. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. The concept of “OER” UNESCO and the Commonwealth of Learning (COL) define OER as: ‘teaching, learning or research materials that are in the public domain and released with an open license (such as Creative Commons). They allow communities of practitioners and stakeholders to copy, adapt and share their resources legally and freely, in order to support high-quality locally relevant teaching and learning’. UNESCO-COL Guidelines for Open Educational Resources (OER) in Higher Education, 2011, p v, available at http://www.col.org/PublicationDocuments/Guidelines_OER_HE. pdf. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. The concept of “OER” The Cape Town Open Education Declaration states that OER: ‘should be freely shared through open licences which facilitate: use revision translation improvement, and sharing by anyone.’ http://www.capetowndeclaration.org/read-the-declaration. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Reuse, remix, distribution are at the heart of OER The OpenCourseWare Consortium identifies the relevant acts that need to be able to be performed with OER as: Reuse: using the work verbatim; Rework: altering or transforming the work; Remix: combining the verbatim or altered work with other works; and Redistribute: share the verbatim work, the reworked work, or the remixed work with others. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Transacting copyright for OER Limited royalty-free exceptions to infringement, eg Fair dealing for research and study (ss 40 & 103C) Educational uses in the classroom (s 28) S 200AB Educational statutory licences (Part VB) – administered by CAL If use/re-use is not permitted under an exception or statutory licence permission must be negotiated and, often, paid for – could involve considerable cost, complexity and time © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. CC licences enable OER re-use CC CC CC Distribution Distribution Distribution Redistribution ACCESS Redistribution Reuse Reuse Redistribution use Reuse © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. ND MIT OpenCourseware Global adoption and influence: Taiwan Opensource OpenCourseWare Prototype System (OOPS) project copied the entire MIT OCW site to a local Taiwanese server and translated the courses into Chinese China China Open Resources for Education (CORE) project, a nonprofit consortium of universities established in 2003, began its OER efforts by translating MIT’s OCW Latin America Universia, the largest Spanish and Portuguese speaking network of universities, translated MIT’s OCW courses into Spanish and Portugese, to make the content accessible to their local communities. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Trade Adjustment Assistance Community College and Career Training Grant Program (TAACCCT): US $2 billion in funding provided under federal education fund to create OER resources for use in community colleges P062311PS-0339 by The White House (US Government Work) http://www.flickr.com/photos/whitehouse/5937200216 TAACCCT The first round of grants (Wave 1) awarded nearly $500 million in 2011, and the second round (Wave 2), announced on 27 February 2012, will make another $500 million available to eligible higher education institutions. Wave 1 - materials produced must be distributed under a CC BY licence. Wave 2 - the CC BY license must also be applied to modifications made to pre-existing, grantee-owned content using grant funds. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. http://open4us.org/about/ OER-friendly Tools and Resources Where to find OER Open License Search: http://search.creativecommons.org OER Search: http://www.oerglue.com/courses OCW Search: http://www.ocwconsortium.org/en/courses Curated Repositories: http://oercommons.org http://www.merlot.org/merlot/index.htm Open Textbooks: http://www.collegeopentextbooks.org/ More OER: http://www.scoop.it/t/finding-oer © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. http://wiki.creativecommons.org/OER_ Policy_Registry 42 courses – course materials available under CC BY https://sites.google.com/a/sbctc.edu/opencourselibrary/ Saylor Foundation – Open Textbook Challenge Saylor Foundation makes a free collection of college level courses available on its website under a CC BY licence by default To expand their collection of CC BY-licensed course materials, the foundation initiated an Open Textbook Challenge, offering a $20,000 award for textbooks accepted for use in their course materials. To be eligible for the award, author(s) must agree to license the text under CC BY. http://www.saylor.org/OTC/. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Poland Digital School program adopted April 2012 by Polish Council of Ministers Aims to raise ICT competencies in Polish schools 43 million PLN (Polish zloty) has been assigned for the creation of digital CC BY licensed (or compatible) textbooks for grades 4-6 See http://creativecommons.pl/2012/04/digitalschool-program-with-open-textbooks-approved-bypolish-government/. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. USQ OpenCourseWare University of Southern Queensland (USQ), based in regional areas (Toowomba, Hervey Bay and Springfield) provides distance education programs 75% of USQ’s students study by distance education USQ’s OpenCourseWare (OCW) portal makes 10 courses available under a CC BY-NC-SA licence. http://ocw.usq.edu.au/. See the OCW FAQs on how to cite USQ’s materials: http://ocw.usq.edu.au/mod/resource/view.php?id=105#1 2. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Adapt project: teaching adaptations 2012 pilot project - Bridging the Gap: teaching adaptations across the disciplines and sharing content for curriculum renewal. led by the University of Tasmania, with support from the Australian Government’s Office of Learning and Teaching (OLT) aims to ‘enhance the teaching of adaptations (the study of the adaptation of an original novel, play, film, poem, video game or other form of narrative to a different medium) in an Australian context through the creation of a community of practice of scholars’. will develop a repository of OER relevant to learning and teaching adaptations. See http://www.teaching-learning.utas.edu.au/designing/open- educational-resources/open-education-resources. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Vocational training materials vocational training packages (modules) on training.gov.au previously licensed under AEShareNet licences 1n 2011 shifted to CC BY ND licence – see http://training.gov.au/Home/Copyright © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Further examples CC’s OER page: http://creativecommons.org/education OER Case Studies: http://wiki.creativecommons.org/OER_Case_Studies © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Publications, data and databases © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Access to research Open Access movement began in 1990s with concerns about access to research data (eg human genome project) and scholarly articles published in journals Growing dissatisfaction of research community about traditional business models operating in the digital environment: research conducted with public funds articles written and peer-reviewed by scientists and academics for free typically, copyright was assigned entirely to the publisher academics and public charged exorbitant fees by publishers for access to articles © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Access to research Bermuda Principles (1996) - endorsed by the participants at the international strategy meeting on human genome sequencing Budapest Open Access Initiative (2001) defined Open Access to scholarly journal articles [see next slide] Bethesda Statement on Open Access Publishing (2003) - encourages faculty and grant recipients to publish their work under Open Access principles Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) – covers original scientific research results, raw data and metadata, source materials, digital representations of pictorial and graphical materials and scholarly multimedia material – supports open access publishing in OA journals or self-archiving in OA repositories © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Access to research Budapest Open Access Initiative (2001) defined Open Access to scholarly journal articles to mean: free availability on the public internet, permitting any users to: read download copy distribute print search, or link to the full texts of these articles crawl them for indexing pass them as data to software or use them for any other lawful purpose, without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself. The only constraint on reproduction and distribution, and the only role for copyright in this domain, should be to give authors control over the integrity of their work and the right to be properly acknowledged and cited. http://www.soros.org/openaccess/read. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Open Access publishing: the Green and Gold roads Green OA authors make their articles (usually in the form of “accepted manuscripts”) available through institutional repositories or personal websites. QUT ePrints – eg “Open Content Licensing: Cultivating the Creative Commons” (2007), Sydney University Press and QUT ePrints http://eprints.qut.edu.au/6677/ - licensed under CC BY NC ND 2.5 Licence - > 8,000 downloads, ranks 15th in QUT ePrints Gold OA OA that is provided by a publisher, i.e. the article is published immediately under OA conditions by the journal publisher. may be funded in different ways - certain publishers may require the payment of a fee by the author to make the work available under OA. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Gold OA consistent with CC PloS One (OA journal, reportedly the world’s largest scholarly journal by volume) Public Library of Science (PLoS) is a non-profit organisation ‘dedicated to making the world’s scientific and medical literature a freely available public resource’. PloS applies CC BY licence to all works it publishes Research monographs published by Bloomsbury Academic (commercial publisher Bloomsbury Publishing’s academic branch) Content made available online under a CC BY-NC licence (in addition to publishing in print and e-book format and offering print-on-demand copies). Frances Pinter, Publisher of Bloomsbury Academic explains: ‘[o]ur business model is simple. We may lose some print sales because of free access, but we will gain other sales because more people will want the print edition’. Jane Park, ‘An Interview with Frances Pinter of Bloomsbury Academic’, CC News, 20 October 2008, available at http://creativecommons.org/weblog/entry/10100. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. ANU’s IP Policy (1 July 2010) http://policies.anu.edu.au/policies/intellectual_property/policy Part 4 - Section 14. "Open Content" Licensing by [Staff] Member 14.1 …. A [Staff ] Member who Creates copyright matter which is owned by the University is granted a perpetual, irrevocable, worldwide, non-exclusive licence in respect of the copyright to grant licences to third parties over the copyright matter: (a) being an open content licence of the form maintained by the Creative Commons Corporation; or (b) being an open source licence in respect of Software, of the form maintained by the Open Software Initiative or the Free Software Foundation; or (c) in any other form of open content licensing determined from time to time in writing by the Vice Chancellor. QUT’s IP Policy: Scholarly works (22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp 3.1.5 Ownership of copyright In accordance with general law principles noted in section 3.1.4 above, QUT as an employer is the owner of copyright where the work is created by staff members in the course of their employment. QUT’s ownership of copyright applies to both academic and professional staff. Assignment of scholarly works Provided that QUT does not have contractual obligations to a third party which would prevent QUT effecting such an assignment, QUT assigns the right to publish scholarly works to the creator(s) of that work. The assignment is subject to a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence in favour of QUT to allow QUT to use that work for teaching, research and commercialisation purposes and to reproduce and communicate that work online for non-commercial purposes via QUT's open access digital repository. QUT’s IP Policy: Teaching materials (22 June 2011) http://www.mopp.qut.edu.au/D/D_03_01.jsp 3.1.6 Intellectual property in QUT teaching materials In line with section 3.1.4 above, QUT owns the intellectual property in QUT teaching materials. This ensures the University has the unrestricted ability to use QUT teaching materials for its teaching, research and training responsibilities. Non-exclusive licence QUT grants to creators a perpetual, worldwide, non-exclusive, royalty-free licence to use QUT teaching materials to fulfil their teaching, research and training responsibilities at QUT. This licence does not include any use for commercial purposes nor does it involve a transfer of ownership of QUT intellectual property. Open Access to research data Copyright applies to data compilations if they are sufficiently original Copyright does not apply to mere facts/information or trivial/obvious/mundane arrangements of data Copyright must apply to original data databases – TRIPs and WIPO Copyright Treaty For copyright to apply, there must usually be originality provided by some independent intellectual creation/creative spark/application of skill and judgment No special legal protection for non-original data collections (cf European Database Directive) © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Copyright and Data Telstra Corporation Ltd v Phone Directories Company Pty Ltd (2010) where an author or authors of a compilation can clearly be identified; and it can be shown that the compilation is original in the sense that it is the product of some “independent intellectual effort”; the exercise of “sufficient effort of a literary nature”; involves a “creative spark”; or the exercise of “skill and judgment”, then it is likely to be protected by copyright.  FCA 44 at  per Gordon J. High Court dicta in IceTV Pty Limited v Nine Network Australia Pty Limited  HCA 14 (cf Desktop Marketing v Telstra  FCAFC 112) More recently in the Federal Court: Dynamic Supplies v Tonnex International  FCA 362; Acohs v Ucorp  FCAFC 16 AUSTRALIA © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. NHMRC policy on access to data Current policy encourages open access to data: NHMRC … encourages researchers to consider the benefits of depositing their data and any publications arising from a research project in an appropriate subject and/or institutional repository wherever such a repository is available to the researcher(s). Revised policy, effective 1 July 2012, mandates that: any publications arising from an NHMRC supported research project must be deposited into an open access institutional repository within a twelve month period from the date of publication. http://www.nhmrc.gov.au/media/notices/2012/revisedpolicy-dissemination-research-findings © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Joint Statement on Data Sharing of Public Health Research NHMRC is a signatory to the Joint Statement on Data Sharing of Public Health Research issued by the Wellcome Trust Joint Statement expresses a commitment to the timely and responsible sharing of public health data: Much of the data collection that could improve public health research is expensive and time-consuming. As public and charitable funders of this research, we believe that making research data sets available to investigators beyond the original research team in a timely and responsible manner, subject to appropriate safeguards, will generate three key benefits: faster progress in improving health better value for money higher quality science. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Joint Statement on Data Sharing of Public Health Research Immediate goals Data management standards support data sharing Standards of data management are developed, promoted and entrenched so that research data can be shared routinely, and reused effectively. Data sharing is recognized as a professional achievement Funders and employers of researchers recognize data management and sharing of well-managed datasets as an important professional indicator of success in research. Secondary data users respect the rights of producers and add value to the data they use Researchers creating data sets for secondary analysis from shared primary data are expected to share those data sets and act with integrity and in line with good practice - giving due acknowledgement to the generators of the original data. Joint Statement on Data Sharing of Public Health Research Longer-term aspirations Well documented data sets are available for secondary analysis Data collected for health research are made available to the scientific community for analysis which adds value to existing knowledge and which leads to improvements in health. Capacity to manage and analyse data is strengthened The research community, particularly those collecting data in developing countries, develop the capacity to manage and analyse those data locally, as well as contributing to international analysis efforts. Published work and data are linked and archived To the extent possible, datasets underpinning research papers in peerreviewed journals are archived and made available to other researchers in a clear and transparent manner. Data sharing is sustainably resourced for the long term The human and technical resources and infrastructures needed to support data management, archiving and access are developed and supported for long-term sustainability. Collaborative data sharing Atlas of Living Australia www.ala.org.au funded by the Australian Government to develop an authoritative, freely accessible, distributed and federated biodiversity data management system encourages contributors to upload their materials under a CC licence via the system’s contribution form. See ALA Data Licensing FAQs at http://www.ala.org.au/faq/data-licensing/. © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia. Thank you Professor Anne Fitzgerald QUT Law School Publications (http://eprints.qut.edu.au/view/person/Fitzgerald,_A nne.html) Access to Public Sector Information (http://www.aupsi.org) © Anne Fitzgerald 2012. Licensed under Creative Commons Attribution 3.0 Australia.