Right, so, remember: IANAL and TINLA
Now, the University of Michigan is grappling with just that issue,
actually. One proposal is to do what you describe: there is some ARR
content in a lecture slide that shows up on a video. That video is
posted online under an free/open license. Along with that video is a
notice saying something similar to what you proposed. I do have one
suggestion: don't say explicitly your reasoning for claiming a fair use.
Just say "Any third-party material is used with permission or under fair
use." Or something like that. Don't use that quote because it isn't the
best wording (IANAL after all).
And you're right, Adi, this applies to all media types: still image,
moving image, audio, etc (even source code!).
After the University of Michigan drafts and is happy with our policy on
the use of unlicensed third-party material in a lecture video I'll be
sure to send it to the list. I'm not exactly sure what direction the
policy will take, just fyi.
Best,
Greg
On 12/13/2010 07:58 PM, Adi Kamdar wrote:
Issues also may come up if slides have video clips or presenters play
songs. Maybe.
-Adi
On Mon, Dec 13, 2010 at 7:41 PM, Parker <[email protected]
<mailto:[email protected]>> wrote:
Okay, last question:
re: copyright concerns on actual slide content: say the lecture video
contains some close-ups of slides and some shots of just the
professor's head. say that some of the images in the presentation are
used without permission and don't have an open license that allows the
speaker's use. say that we want to publish the lecture video but not
the slides. say that we do so, under cc-by, along with a brief fair
use claim like: "any other slide content copyright its respective
creators, used under fair use for noncommercial, educational purposes"
I know I probably won't get real legal advice back, but a
recommendation, or better yet a statement like "this is what uMich
does" (if applicable) would rock. thanks!
On Sat, Dec 4, 2010 at 5:39 PM, Greg Grossmeier <[email protected]
<mailto:[email protected]>> wrote:
> Right, it doesn't explicitly say which license we are going to
release
> the work under because we didn't want to limit ourselves
prematurely. If
> we need to change the license we use for some reason (say, playing a
> BY-SA song in the background, "syncing" the music and thus
invoking the
> -SA part) then we can. It is implied by the "The University may make
> copies of the Materials available, consistent with its educational
> mission, on a free and open basis to the world as Open Educational
> Resources (OER)" part.
>
> As long as what we do is consistent with out OER program then
we're ok,
> with respect to the terms of this contract.
>
> Remember, IANAL. But, we did have 2 really good lawyers write
this and
> other lawyers in the GC office reviewed this contract.
>
> Greg
>
>
> <quoting name="Parker" date="2010-12-03" time="17:09:14 -0500">
>> Thanks Greg! It doesn't specifically say anywhere on there
something like "I
>> give umich permission to publish the material with the cc-by
license." Is
>> this implied by the statement that umich "owns" copies of the
material? Or
>> that umich has permission to publish as oer? I guess it'd make
sense if it
>> were the latter, but it seems odd to me that this would be
enforceable
>> without citing a specific definition of OER that includes open
licensing.
>> But IANAL.
>>
>> I'll try to generalize this and then run it by a lawyer and
throw it up on
>> the wiki page with the recipe. Then it's showtime!
>>
>> http://madebyparker.com
>> sent from my mobile
>> On Dec 3, 2010 10:38 AM, "Greg Grossmeier" <[email protected]
<mailto:[email protected]>> wrote:
>> > Hey all,
>> >
>> > So, I'm not a lawyer either, but I (and the team at
Open.Michigan) worked
>> > with the lawyers at the GC's office at U of Michigan to create the
>> > attached release form for just this situation.
>> >
>> > What this form also gets you is permission to use the accompanying
>> > materials in the presentation. A typical "I consent to be
recorded.."
>> > form does not. So, this means that you don't have to worry
about the
>> > slides in the background and if you get the slides from them
you can post
>> > those as well (barring any other copyright concerns contained
within the
>> > slides, like the presenter using 3rd party material that isn't
openly
>> > licensed or fair use).
>> >
>> > Feel free to edit it for your needs (just please remove all
references to
>> > U of Michigan).
>> >
>> > Best,
>> >
>> > Greg
>> >
>> >
>> > <quoting name="Adi Kamdar" date="2010-12-02" time="04:03:01
+0000">
>> >> IANAL, but I believe all you need is a video release form.
These usually
>> >> have statements that say:
>> >>
>> >> I consent to be videotaped and to the use of these recordings
for X, Y, Z
>> >> (publicity, advertising, to be put online, to be used by the
school, to
>> be
>> >> archived, for educational use, etc... insert whatever
specifics or vague
>> >> phrases here)
>> >>
>> >> I release (you) from all claims, etc. This is irrevocable.
Blah blah.
>> >>
>> >> And then they sign and date it.
>> >>
>> >> You can put the Creative Commons license and the specific use
in the
>> initial
>> >> part.
>> >>
>> >>
>> >> I'm sure you can find some mock ones on the web, too! Or you
can email
>> your
>> >> school's OGC or media department. I'm sure they have set
releases that
>> you
>> >> can use as templates.
>> >>
>> >> -Adi
>> >>
>> >>
>> >> On Thu, Dec 2, 2010 at 3:44 AM, Parker <[email protected]
<mailto:[email protected]>> wrote:
>> >>
>> >> > This week in "CC license your X"...
>> >> >
>> >> > Preview: I'm looking for stock waivers to give to groups at
Dartmouth
>> >> > that they can have lecturers to sign, giving the group
permission to
>> >> > release a video of the lecture under a Creative Commons
license. Help!
>> >> >
>> >> > At Dartmouth, several departments, centers, institutes,
orgs, etc host
>> >> > guest lectures or public faculty lectures. Many of them
record the
>> >> > lectures and put them up on youtube. This rocks!
>> >> >
>> >> > I want to make it super incredibly easy for these guys to
attach a
>> >> > Creative Commons license to their lecture videos (CC-BY
would be
>> >> > great, but I'm willing to compromise). I've already talked
to a couple
>> >> > of these groups and they're totally on board--they just
need help with
>> >> > the execution.
>> >> >
>> >> > I want to be able to follow this recipe:
>> >> > * Sit down with a rep from the center/forum/whatever and
make the case
>> >> > for using a creative commons license
>> >> > ** I already feel well-equipped to do that. I'll talk about
the types
>> >> > of uses which the center probably wants to allow but which
are by
>> >> > default prohibited by copyright law in the US. I can get
tips from
>> >> > this:
>> >> >
>> >> >
>>
http://learn.creativecommons.org/wp-content/uploads/2009/04/cclearn-explanations-oer-and-cc-licenses-05-apr-09.pdf
>> >> > ,
>> >> > and I can even leave a copy of it with them.
>> >> > * Propose that they use CC-By, but if they say no, offer to
help them
>> >> > choose a different CC license (hopefully with as few
restrictions as
>> >> > possible)
>> >> > ** I feel pretty well-equipped to do this too. I'll look at
>> >> > http://creativecommons.org/choose/ with them and help them
decide
>> >> > which permissions they're willing to grant. I'll even point
them to
>> >> >
>> >> >
>>
http://wiki.creativecommons.org/FFAQ#Is_use_X_a_violation_of_the_Noncommercial_clause_of_the_licenses.3F
>> >> > if they're confused about the reach of "noncommercial." I
can leave
>> >> > them a copy of
>> >> >
>>
http://wiki.creativecommons.org/images/a/a4/Creativecommons-how-to-license-poster_eng.pdf
>> >> > if they want to mull it over or consult someone else.
>> >> > * This part is key: hand them any waivers that they'll need
as well as
>> >> > instructions for how to use them (do both speakers and
videographers
>> >> > have to sign it, for example?)
>> >> > ** I need help with this!
>> >> > * Finally, hand them a chunk of html that they can put on their
>> >> > website to articulate the license right next to where they
embed the
>> >> > video. It's probably also a good idea to give them some
plaintext that
>> >> > they can throw in the description field on their youtube page.
>> >> > ** This is easy--http://creativecommons.org/choose/ gives
it right to
>> you!
>> >> >
>> >> > I found a lot of awesome material on the CC site, especially at
>> >> > http://wiki.creativecommons.org/Documentation. But I wasn't
able to
>> >> > find the stock waivers that I'm looking for. Help!
>> >> >
>> >> > --
>> >> > http://www.madebyparker.com
>> >> > _______________________________________________
>> >> > Discuss mailing list
>> >> > [email protected] <mailto:[email protected]>
>> >> > http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>> >> > FAQ: http://wiki.freeculture.org/Fc-discuss
>> >> >
>> >
>> >> _______________________________________________
>> >> Discuss mailing list
>> >> [email protected] <mailto:[email protected]>
>> >> http://freeculture.org/cgi-bin/mailman/listinfo/discuss
>> >> FAQ: http://wiki.freeculture.org/Fc-discuss
>> >
>> >
>> > --
>> > | Greg Grossmeier |
>> > | http://grossmeier.net |
>
>> _______________________________________________
>> Discuss mailing list
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>
>
> --
> | Greg Grossmeier |
> | http://grossmeier.net |
> _______________________________________________
> Discuss mailing list
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> FAQ: http://wiki.freeculture.org/Fc-discuss
>
--
http://www.madebyparker.com
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