Hi Wirawan,

I'm glad Robert sent along his guide to openly licensed images - it's a great 
list! Other folks will also provide sources, so I won't add to that part of the 
discussion.

In response to the question about licence mismatch, I'll reply with another 
question: what are your group's hopes/plans for downstream adaptation of the 
material, and what strategies are you employing to facilitate those 
adaptations? Your strategy on that front may help guide your decisions, not 
only on how you mark material so it's clear what can be reused and what can't, 
but also in your priorities for which​ images and diagrams to use.

Your choice of CC-BY for the course material is great, but downstream use is 
often not considered when Creative Commons licences are applied to material. 
For example, if you include All Rights Reserved (ARR) content in your material 
[on the assumption that permission is obtained], you are barring anyone else 
from adapting or even copying the material unless they, too, go to the 
copyright owner and seek permission. This makes it less likely for the material 
to be adapted (which includes language translation) by others. On the other 
hand, if your priority is finding images that work well for your material (the 
very challenge you've identified), you may not be able to find "open" material 
you can use and end up making some tough calls. The "best" answer depends on 
your project priorities, which is why I posed my question.

There's a compatibility chart for remixing CC-licensed material on this wiki 
page: https://wiki.creativecommons.org/wiki/Wiki/cc_license_compatibility  If 
maximizing reuse potential is a goal for the project, I'd suggest avoiding 
inclusion of ARR or ND (No Derivatives) material if you can. You may include No 
Derivatives (ND) material if it is not altered enough to be seen as a 
derivative work<https://en.wikipedia.org/wiki/Derivative_work>. The distinction 
between remix and include here is a careful one:  you are not 
altering/remixing/creating a derivative of a work if you are including it "as 
is" in another work.

As far as acknowledging sources, I'd suggest putting attribution for images and 
diagrams as close as possible to the material itself. In other words, I 
wouldn't use a separate page -- even though what you've suggested is totally 
reasonable and won't get you into trouble. It is clear to others that some 
material is CC-BY and other material is not when images are labeled with their 
licence. This transparency celebrates open culture and scholarship; it also 
helps others make decisions about adapting your material. There's a great PDF 
from Creative Commons Australia that provides many examples you might follow: 
http://creativecommons.org.au/materials/attribution.pdf

I empathize deeply with the situation. I've worked on projects where the goal 
was to make things as reusable as possible, and selecting appropriate images 
was agony. All the best with the project - it sounds amazing!

Cheers,
Kris



Kris Joseph

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Digital Scholarship Librarian

York University Libraries

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________________________________
From: Purwanto, Wirawan <[email protected]>
Sent: March 12, 2022 23:21
To: Carpentries discuss list <[email protected]>
Cc: Purwanto, Wirawan <[email protected]>
Subject: [cp-discuss] Integrating graphics, pictures and icons made by others 
in Carpentries-style lessons

Hi all,

I have a question regarding using graphics, pictures and icons made by others 
in Carpentries-style lessons. Our cybersecurity-focused computational training 
program called "DeapSECURE" (https://deapsecure.gitlab.io) produces lessons 
that are meant to be Carpentries-compatible. For example, we will publish all 
lessons using CC-BY-4.0 license and MIT for codes. But I find it rather hard to 
find good/suitable images, illustrations, graphs, etc. that are published with 
the same license (CC-BY-4.0) or less restrictive (CC0 / public domain). Not to 
mention that there are shoddy persons out there who may claim that their 
"images" are CC-licensed, while in fact these images were actually stolen from 
other authors (an example is mentioned in 
https://www.plagiarismtoday.com/2013/06/11/the-problem-with-false-creative-commons-licenses/).

I want to ask the community two questions:

  1.  What online repositories hold images that are (or can be) compatible with 
Carpentries license? Any recommendations?
  2.  In the case of integrating images with different license terms (e.g. 
CC-NC, CC-ND-NC, or even plain "all rights reserved" [let's call this "ARR"]), 
how do you all navigate the "license mismatch"? Specifically: How can we 
include these works in the source Git repo and still not be deemed as copyright 
violation?

One way I am proposing to handle the problem with "license mismatch" is to 
collect the references and credits of all the images used in a lesson in a 
separate page (e.g. _extras/credits.md), explicitly mention the license terms. 
For the ARR works, we definitely want to get permission from the author(s) to 
use the image(s) in our lessons, including the limited right to integrate the 
copyrighted works within our lessons for (basically) unrestricted distribution 
within the lessons, not for other purposes. I believe, many authors (especially 
if they are also from academia) would not mind this kind of reuse, because our 
lessons are academic in nature.

Unfortunately, not all graphical works can be re-made just to avoid copyright 
issues. Some examples: cartoon, infographics, diagrams that depict certain 
concept or point that are just impossible to re-make and still convey exactly 
the same thing. As long as the lesson (incorporating that restricted ARR work) 
is not used something else other than Carpentries-like lessons, there ought to 
be no issue. But significant deviation, e.g. repackaging the lesson into 
commercially printed books or paid-for training programs would require a 
separate license from the author(s) of ARR works (or drop/substitute the ARR 
works from the commercialized product).

People integrate other people's copyrighted works all the time within greater 
works and distribute the greater works. By this token, I believe that there's 
got to be a way to judiciously and correctly use more-restrictive works within 
an open-source works like the those produced by our community.

Any thoughts or opinions on what I wrote above?


Wirawan Purwanto
Computational Scientist, HPC Group
Information Technology Services
Old Dominion University
Norfolk, VA 23529

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