Searching for "fair use"

Copyrighted Works Freely Available

Thousands of Copyrighted Works Will Now Be Freely Available to Teachers

https://blogs.edweek.org/teachers/teaching_now/2019/01/public_domain_day.html
Why has it taken almost 100 years for these copyrights to expire? In 1999, Congress passed the Copyright Term Extension Act, which extended protections for rights holders for 20 years. That created a two-decade gap between the works of 1922—which passed into the public domain in 1998, before the law was passed—and those of 1923.
Some teachers on the lesson marketplace Teachers Pay Teachers are profiting from materials adapted or taken wholesale from other educators.
Of course, even before books, movies, and musical compositions passed into the public domain, teachers looking to reprint and distribute them in part could have claimed fair use—an exception to copyright law that allows excerpts of protected material to be used for criticism, research, journalism, or teaching without permission or payment. But what counts as fair use is decided in court, and educators could still have faced legal challenges—especially if they distributed or sold their work to other teachers.
Duke University’s Center for the Study of the Public Domain has listed (and linked to copies of) some of the most well-known titles. And the digital library HathiTrust has compiled over 50,000 works that are now freely available.
++++++++++++++++++++++++

‘The drought is over’: mass US copyright expiry brings flood of works into public domain

https://www.theguardian.com/books/2019/jan/02/the-drought-is-over-mass-us-copyright-expiry-brings-flood-of-works-into-public-domain

 

free visuals and a guide to copyright

guide (available as PDF here and Google Doc here) to offer some explanations of how to avoid copyright infringement by using media that you can legally re-use for classroom projects including blog posts, web pages, videos, slideshows, and podcasts. The guide also includes 21 places to find media to use in classroom projects.

FOR MORE INFO ON COPYRIGHT AND RELATED (fair use, Creative Commons etc.): contact Rachel Wexelbaum, rwexelabum@stcloudstate.edu

A Guide to Finding Media for Classroom Projects

Please have an excellent outline of what “free” means, what is Creative Commons, what is Public Domain + stock sites with images:

Dreamstime

Free Digital Photos

Free Images

Free Range Stock

Free Photos Bank

ImageFree

IM Free

Morguefile

Pixabay

Public Domain Pictures

and many more at http://blog.bufferapp.com/free-image-sources-list

 

https://www.videezy.com

+++++++++++++++++++++++++++
more on free visuals in this iMS blog
http://blog.stcloudstate.edu/ims/2016/04/07/stock-photos/

http://blog.stcloudstate.edu/ims/2014/06/01/social-media-and-presentations-free-image-sources/

http://blog.stcloudstate.edu/ims/2018/11/01/public-domain-video-clips/

http://www.freeimages.co.uk/index.htm

http://www.socialmediatoday.com/marketing/2015-02-27/20-sites-get-free-stock-images-commercial-use

https://pxhere.com

SCSU library digitizing VHS

SCSU library digitizing VHS tapes

  1. plan
    1. hardware and software
    2. digitizing process
    3. archiving process
    4. issues
  2. correspondence among Greg J, Tom H and Plamen
  3. correspondence on the LITA listserv regarding “best practices for in house digital conversion”
  4. Plan
  • collecting (Identifying VHS to digitize)
  • clearing (Digitize or not digitize?):
    • duplicates (Checking collection for content in other formats)
    • establishing if DVD can be purchased (Availability for sale new)
    • clearing copyrights etc. (Copyright / fair use review )
  • Digitizing the tapes
  • Adobe Premiere CC
    • Capture
    • metadata
      Metadata screen
    • this why  metadata was entered in the post-processed MP4 file using the VLC player

metadata VLC-

 

  • export
    H.264 . /   iPAD 480p 29.9 fps

Shortcuts:

If you are using Premiere CC: 1. File/New/Sequence. 2. Ctrl M is the shortcut to export (M is for media)

Issues
the two Apple/Macs will deliver error messages with both the export to the MP4 format and for burning the CDs and DVDs.
e.g.

  • other issues
    regular restart required for new capture
    error messages e.g.
    error message Premiere CC

 

 

 

 

 

 

other issues:

audio. Audio synchronization during the digitization is off. Solution: possible solution is the last of this thread : https://forums.adobe.com/thread/2217377

open in in QT Pro copy an segment then past it into a new QT file and save. It then plays normally in Adobe products. 

old Apple desktops. needed to be rebuild and reformatted.
Apple burner issues. issues with Premiere license (bigger organization, bigger bureaucracy – keep the licenses within the library, not with IT or the business department)

old VCRs – one of the VCRs was recording bad audio signal

old VHS tapes: the signal jump makes the digital recording stop, thus requiring a constant attendance of the digitization, instead of letting it be digitized and working on something else

burn CD error

Upon upload to MediaSpace,

upload MediaSpace

 

 

the person who is uploading the digitized VHS movies can “Add Collaborator”

add collaborator

 

 

 

The collaborator can be “co-editor” and / or “co-publisher”

co editor

Thus, at the moment, Tom Hegert has been designated to a digitized VHS video as Co-:Publisher and Rhonda Huisman as “Co-Editor.”

Please DO log in into MediaSpace with your STAR ID and confirm that you can locate the video and you can, respectively edit its metadata.

If you can edit the video, this means that the proposed system will work, since the Library can follow the same pattern to “distribute” the videos to the instructors, who these videos are used by; and, respectively these instructors can further control the distribution of the videos in their classes.

  • issues:
    sharing the videos from the generic Library account for MediaSpace to the MediaSPace account of the faculty who had requested the digitization either through sending the link to the video or publish in channel (we called our channel “digitized VHS”)

MediaSpace Channel

 

 

 

  •  issue: ripping off content from DVD.
    Faculty (mostly teaching online / hybrid courses) want to place teaching material from DVD to MediaSpace. Most DVDs are DRM protected.
    Handbreak (https://handbrake.fr/) does not allow ripping DRM-ed DVDs.
    handbreak DRMto bypass this Handbreak issue, we use DVD Decrypter before we run the file through Handbreak
    Solutions:

From: “Lanska, Jeremiah K” <Jeremiah.Lanska@ridgewater.edu>
Date: Tuesday, September 11, 2018 at 10:03 AM
I use a software on a MAC called MacX DVD Video Converter Pro.
https://www.macxdvd.com/
I convert videos to MP4 with this and it just works for just about any DVD. Then upload them to MediaSpace.

Jer Lanska  Media Services Ridgewater College Jeremiah.lanska@ridgewater.edu 320-234-8575

From: “Docken, Marti L” <Marti.Docken@saintpaul.edu>
Date: Tuesday, September 11, 2018 at 8:17 AM

Good morning Plamen.  Here at Saint Paul College, we are asked to get permission from owner when we are looking at making any alterations to a video, tape, etc.  This is true of adding closed captioning as well.  The attached are forms given by Minnesota State which they may have an updated form.
Thank you and have a wonderful day.
Marti Docken Instructional Technology Specialist 651.846.1339 marti.docken@saintpaul.edu

Permission Request Form to Add Closed Caption-288flgx

Memo Closed Captioning Copyright FINAL 10 03 2011-1065jox

From: Geri Wilson
Sent: Friday, September 14, 2018 3:23 PM
What I do with DVDs is give a warning to the faculty that the MediaSpace link with the captions I’ve created should not be widely shared and should be treated as if it were still a DVD that can be shown in the classroom, but not posted on D2L. Because even if we use those forms, I don’t believe it gives us the right to use the video in a broader way. However, a safer approach might be to burn a new DVD with captions, so that it’s still in the same format that can’t be misused as easily.

Just my 2 cents. Geri

From: “Hunter, Gary B” <Gary.Hunter@minnstate.edu>
Date: Friday, September 14, 2018 at 2:55 PM
To: Plamen Miltenoff_old <pmiltenoff@stcloudstate.edu>
Subject: RE: Process of ripping DVD video to mount it on MediaSpace

I’ll assume the contents of the DVDs are movies/films unless I hear otherwise from you.  There’s a lot we need to consider from a copyright perspective. Let me know a day and time that we can touch base via a phone call.  Next week my schedule is flexible, so let me know what day and time work for you.  Until we speak, here’s some of the information related to making copies of copyrighted works for nonprofit teaching purposes.

There are two sections of the Copyright Act that authorize “copying” of copyrighted works for nonprofit educational purposes.  It doesn’t matter if the copyrighted works are being copied from DVDs, CDs, flash drives, a computer’s hard drive, etc., the same sections of the Copyright Act apply.

  1. Section 110(2), also known as the TEACH Act, allows nonprofit educational institutions to make a digital copy of a nondramatic copyrighted work and save it to a server for online and hybrid teaching.  I have a TEACH Act checklist on the IP Tools & Forms webpage at http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html.  The checklist identifies the few things that may not be copied under this section of the Copyright Act.  If an instructor meets the various requirements on the checklist, than you can make a digital copy of the entire nondramatic copyrighted work and save it to MediaSpace. For nondramatic works, all MinnState instructors should be able to complete the TEACH Act checklist successfully, so I wouldn’t request a completed checklist from them.

Under the TEACH Act, nonprofit educational institutions are only permitted to make a digital copy of reasonable and limited portions of dramatic copyrighted works.  Movies and films are usually dramatic works.   Most people in higher education interpret “reasonable and limited portions” to mean something less than the whole and not the entire movie/film.  There are several guidance documents on the TEACH Act on the IP Tools & Forms webpage that go into greater detail as to what is reasonable and limited portions.  Unfortunately, this section only authorizes the copying of part of the movie/film and not the entire thing.

  1. Section 107 Fair Use of the Copyright Act is the second section that permits copying of copyrighted works for nonprofit educational purposes.  Fair Use is used more than any other section to make copies of copyrighted works for nonprofit educational purposes. An instructor needs to complete a fair Use Checklist showing the proposed copying is authorized by fair use.  An instructor who completes a Fair Use Checklist that ends up being 50/50 or more in support of fair use for their proposed copying of a copyrighted work, should be able to make the digital copy.  Fair Use has some nuances in it for unique situations.  Let’s set up a phone call to further discuss them.  There is also a flow chart that may helpful at http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/docs/Flow%20Chart-Using%20video%20in%20Online%20-%20D2L%20Courses.pdf.

We also have to consider whether or not the movies/films were purchased with “personal use” rights or “public performance” rights.  Or if an educational license or some similar type of license gives us permission to make copies or publicly perform the movie/film.  More layers of the onion that need peeled back to address the copyright concerns.

++++++++++++++

  • Issue: confidentiality
    All digitized material is backedup on DVDs, whether faculty wants a DVD or not.
    Some video content is confidential (e.g. interviews with patients) and faculty does not want any extra copies, but the DVD submitted to them. How do we archive / do we archive the content then?

error msg upload MediSpaceBurning (Archiving)

  • where to store the burned DVDs? their shelf life is 12 years.
  • DVD’s must be labeled with soft tip perm marker, not labels. labels glue ages quickly.
  • all our desktops are outdated (5+ years and older). We used two Apple/Macs. OS El Captain, Version 10.11.6, 2.5 Gxz Intel Core i5. 8GB memory, 1333 MHz DDR3, Graphic Card AMD Radeon HD 6750 MD 512 MB

 

Question about the process of archiving the CDs and DVDs after burning. What is the best way to archive the digitized material? Store the CD and DVDs? Keep them in the “cloud?”

Question about the management of working files: 1. Premiere digitizes the original hi-quality file in .mov format and it is in GB. The export is in .mp4 format and it is in MB. Is it worth to store the GB-size .mov format and for how long, considering that the working station has a limited HDD of 200GB

we decided to export two types of files using Adobe Premiere: a) a low end .MP4 file about several hundred megabites, which respectively is uploaded in SCSU Media Space (AKA Kaltura) and b) one high-end (better quality) one the realm of several GBs, which was the archived copy

digital preservation vhs tapes-workflow

We placed a request for two 2TB HDD with the library dean and 10TB file space with the SCSU IT department. Idea being to have the files for MediaSpace readily available on the hardrives, if we have to make them available to faculty and the high-end files being stored on the SCSU file server.

 

++++++++++++++++++

2. correspondence among Greg J, Tom H and Plamen

email correspondence Greg, Tom, Plamen regarding Kaltura account:

From: Greg <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 11:32 AM
To: Plamen Miltenoff <pmiltenoff@stcloudstate.edu>
Subject: RE: Question Kaltura

Plamen,

Channels are not required using this workflow.  Just the collaboration change.

–g–

From: Miltenoff, Plamen
Sent: Friday, November 17, 2017 11:31 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Hergert, Thomas R. <trhergert@stcloudstate.edu>
Subject: Question Kaltura

Greg,

About the channel:

Do I create one channel (videos)?

It seems to be a better idea to create separate channels for each of faculty, who’s videotapes are digitized.

Your take?

p

 

From: Greg <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 11:28 AM
To: Plamen Miltenoff <pmiltenoff@stcloudstate.edu>, Thomas Hergert <trhergert@stcloudstate.edu>
Subject: RE: Supplemental Account Request Status

Plamen,

You can now sign in here: https://scsu.mediaspace.kaltura.com/  with SCSULibraryVideo as the user and whatever password you selected.

Upload a video.

Click the edit button:

Choose the collaboration ‘tab’:

Add a collaborator:

Just type in part of their name:

Add them as co-editor and co-publisher.

******* any user you wish to collaborate with, will need to first sign in to mediaspace in order to provision their account.****  After they have signed in, you will be able to add them as collaborator.

Once they’ve been added, they will have access to the video in their MedisSpace account.

Like so:

From the My Media area:

Click ‘Filters’:

Then choose either media I can publish, or media I can edit:

If you want to simply change ownership to the requestor (for video available only to a single person), just choose change media owner on the collaboration tab.

The process above will allow for any number of collaborators, in a fashion similar to ‘on reserve’.

–g–

From: Miltenoff, Plamen
Sent: Friday, November 17, 2017 11:19 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Hergert, Thomas R. <trhergert@stcloudstate.edu>
Subject: FW: Supplemental Account Request Status

Tom,

I submitted the request to Greg with the “SCSULibraryVideo” name

Greg, I submitted, Tom, Rachel W and Rhonda H (and you) as “owners.”
Pls, if possible, do not assigned to Tom ownership rights yet and add him later on.

I also received your approval, so I am starting to work on it

Txs

p

—————-

 

From: Husky Tech <huskytech@stcloudstate.edu>
Date: Friday, November 17, 2017 at 11:16 AM
To: Plamen Miltenoff <pmiltenoff@stcloudstate.edu>
Subject: Supplemental Account Request Status

Plamen,

This message confirms your request for a new Supplemental Account with the requested username of SCSULibraryVideo. Please allow 2-3 business days for processing. You will be notified by email when your request is approved or denied. You may also check the status of your request by returning to the Supplemental Accounts Maintenance site.

Thank you for your request and please contact us with questions or concerns.

HuskyTech
720 4th Avenue South
St. Cloud, MN 56301
(320) 308-7000
HuskyTech@stcloudstate.edu

From: “Jorgensen, Greg S.” <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 11:11 AM
To: “Miltenoff, Plamen” <pmiltenoff@stcloudstate.edu>, Tom Hergert <trhergert@stcloudstate.edu>
Subject: RE: Kaltura’s account for the library

 

Plamen, (or Tom)

 

Go here and request one: https://huskynet.stcloudstate.edu/myHuskyNet/supplemental-acct.asp

Once you’ve done that, just let me know the name of the account.  (LibraryVideoDrop, SCSULibraryVideo, etc….)

I’ll then add it to the Mediaspace access list.

 

If there’s already an account to which you have access, we can use that, too.  Remember, though, credentials will be shared at least between the two of you.

 

–g–

 

From: Miltenoff, Plamen
Sent: Friday, November 17, 2017 11:08 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Hergert, Thomas R. <trhergert@stcloudstate.edu>
Subject: Re: Kaltura’s account for the library

Well, that is a good question. Do we need a “STAR ID” type of account for the library?
If so, who will be the person to talk to. After Diane Schmitt, I do not know who to ask

Tom, can you ask the library dean’s office for any “generic” account?

Greg, for the time being, is it possible to have me as the “owner” of that account? Would that conflict with my current Kaltura account/content?

Can I participate for this project with my student account (as you helpled me several weeks ago restore it for D2L usage)?

p

—————-

Plamen Miltenoff, Ph.D., MLIS

Professor

320-308-3072

pmiltenoff@stcloudstate.edu

http://web.stcloudstate.edu/pmiltenoff/faculty/

Knowledge is built from active engagement with conflicting and confounding ideas that challenge older, pre-existing knowledge (Piaget, 1952).

From: Greg <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 11:04 AM
To: Thomas Hergert <trhergert@stcloudstate.edu>, Plamen Miltenoff <pmiltenoff@stcloudstate.edu>
Subject: RE: Kaltura’s account for the library

Tom – I think we can accommodate that, too….

I like Plamen’s idea of a test.

Plamen – is there a library dept supplemental account we should also use as part of the test?

–g–

From: Hergert, Thomas R.
Sent: Friday, November 17, 2017 10:50 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Miltenoff, Plamen <pmiltenoff@stcloudstate.edu>
Subject: Re: Kaltura’s account for the library

Yes, except that there may be needs for multiple faculty to access the files. Think of it as analogous to DVDs on reserve or even in the general collection.

Tom

From: “Jorgensen, Greg S.” <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 10:29 AM
To: Tom Hergert <trhergert@stcloudstate.edu>, “Miltenoff, Plamen” <pmiltenoff@stcloudstate.edu>
Subject: RE: Kaltura’s account for the library

Hmmm…..

Would this be the process:

  • VHS digitized
  • File placed in Mediaspace (SCSULibrary supplemental acct, for example, would be the ‘owner’/uploader)
  • Link sent to original faculty requestor for review of file (if it was edited/correct edits made, CC burned in for open captions, etc…)
  • Ownership transfer to requesting faculty so they can share link/embed, etc… as they need.

–g–

From: Hergert, Thomas R.
Sent: Friday, November 17, 2017 10:24 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Miltenoff, Plamen <pmiltenoff@stcloudstate.edu>
Subject: Re: Kaltura’s account for the library

Send someone the link, probably allow downloads by faculty, absolutely stream via MediaSpace

Tom

From: “Jorgensen, Greg S.” <gsjorgensen@stcloudstate.edu>
Date: Friday, November 17, 2017 at 10:22 AM
To: Tom Hergert <trhergert@stcloudstate.edu>, “Miltenoff, Plamen” <pmiltenoff@stcloudstate.edu>
Subject: RE: Kaltura’s account for the library

Share, as in send someone the link? Or share, as in, let others upload/download from the location?

Do these things need to stream from the location (as in Mediaspace), or is this more of a file drop?

–g–

From: Hergert, Thomas R.
Sent: Friday, November 17, 2017 9:19 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>; Miltenoff, Plamen <pmiltenoff@stcloudstate.edu>
Subject: Re: Kaltura’s account for the library

I think we’re hoping for an account from which we can share Library resources such as the digitized versions of VHS tapes that Plamen and I are creating. As I understand it, a closed channel is probably not the best answer. We need a common repository that can have open access to SCSU Kaltura users.

Tom

From: “Jorgensen, Greg S.” <gsjorgensen@stcloudstate.edu>
Date: Thursday, November 16, 2017 at 2:03 PM
To: “Miltenoff, Plamen” <pmiltenoff@stcloudstate.edu>
Cc: Tom Hergert <trhergert@stcloudstate.edu>
Subject: RE: Kaltura’s account for the library

A single account can’t really be shared in the way you’re asking, but we can easily add a dept. supplemental account to Mediaspace.  I just need the name of the account.

Depending on what you intend, maybe a closed channel? Create a closed channel and add individuals as needed?

–g–

From: Miltenoff, Plamen
Sent: Thursday, November 16, 2017 11:41 AM
To: Jorgensen, Greg S. <gsjorgensen@stcloudstate.edu>
Cc: Hergert, Thomas R. <trhergert@stcloudstate.edu>
Subject: Kaltura’s account for the library

Greg,

Can you help me create a MediaSpace account for the library use.
How can it be tight up to the STAR ID login specifications?

Is it possible, let’s say Tom and I to use our STAR ID to login into such account?
Any info is welcome…

Plamen

++++++++++++

3. correspondence on the LITA listserv regarding “best practices for in house digital conversion”

 

From: <lita-l-request@lists.ala.org> on behalf of Sharona Ginsberg <lita-l@lists.ala.org>
Reply-To: “lita-l@lists.ala.org” <lita-l@lists.ala.org>
Date: Tuesday, November 21, 2017 at 10:07 AM
To: “lita-l@lists.ala.org” <lita-l@lists.ala.org>
Subject: Re: [lita-l] best practices for in house digital conversion

I’m at an academic rather than public library, but you can see what we offer for digital conversion here: https://www.oswego.edu/library/digital-conversion. We’ve been generally happy with our equipment, and I especially think the Elgato Video Capture device (VHS to digital) is a good tool.

– Sharona

From: <lita-l-request@lists.ala.org> on behalf of Molly Schwartz <mschwartz@metro.org>
Reply-To: “lita-l@lists.ala.org” <lita-l@lists.ala.org>
Date: Tuesday, November 21, 2017 at 10:03 AM
To: “lita-l@lists.ala.org” <lita-l@lists.ala.org>
Subject: Re: [lita-l] best practices for in house digital conversion

Hi Stew,

We are not a public library, but we did recently set up an AV media transfer rack here in METRO’s studio in partnership with the XFR Collective. There is a full list of the media formats we can transfer here on our website, as well as a lot more great information in the documentation.

 

I would also definitely recommend DCPL’s Memory Lab and the project to build a Memory Lab Network, which is more applicable to public libraries.

 

best,

Molly

 

On Tue, Nov 21, 2017 at 10:49 AM, Stewart Wilson <SWilson@onlib.org> wrote:

Hi all,

I know there is a lot of information already out here, but is anyone up for a conversation about media conversion technologies for public library patrons?

 

I’m interested in best practices and recommended technologies or guides that you use in your system.

 

Anything that converts projector slides, 35mm, VHS, photographs, cassette, etc.

 

We are building a new PC for this and 3D rendering, so any recommendations for things like soundcards or video capture cards are also useful.

 

Thanks for your help; this group is the best.​

 

Stew Wilson

Paralibrarian for Network Administration and Technology

Community Library of Dewitt & Jamesville

swilson@onlib.org

315 446 3578
To maximize your use of LITA-L or to unsubscribe, see http://www.ala.org/lita/involve/email

Molly C. Schwartz

Studio Manager

http://metro.org/services/599studio

mschwartz@metro.org

212-228-7132

esummit 2018 prsentation
https://www.slideshare.net/aidemoreto/scsu-library-digitizing-archiving-vhs-tapes-105758307

SCSU library digitizing/ archiving VHS tapes from Plamen Miltenoff

++++++++
more on digitizing in this IMS blog
http://blog.stcloudstate.edu/ims?s=digitizing

intellectual property

When:  October 24, 2017    2:00-3:00pm
Where: Adobe Connect meeting:  https://webmeeting.minnstate.edu/oercommunityconversations

Who: Karen Pikula, Psychology faculty, Central Lakes College, and Minnesota State OER Faculty Development Coordinator

Special Guest: Gary Hunter System Director for Intellectual Property

Questions?  

Feel free to contact Kimberly Johnson, Director of Faculty and Instructional Development at kimberly.johnson@minnstate.edu or Karen Pikula, Minnesota State OER Faculty Development Coordinator, at karen.pikula@minnstate.edu.

+++++++++++

notes from the webinar

Gary Hunter. copyright. movies, public performance rights, youtube videos. up

the compliance of the terms of service of the web site. Contract law. copyright law. system procedure – copyright clearance, clearing the copyright means using it without violating the copyright law.

clearing copyright:

  • determine if materials are or are not protected
  • use your own original materials
  • perform fair use analysis with fair use checklist to usitify use
  • use in compliance with sections 110 (1) & (2) of copyright act
  • use materials avaialble through an open or CC license
  • get permission (letter, email, subscription, license, etc.)

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html 

8 categories of copyright works

establishing copyright. eligibility requirements;

  • fixation
  • originality
  • minimal creativity

when these three criteria met, copyright arises automatically.

registering a copyright https://www.copyright.gov/ . $35. 70 years for individuals and 95 for corporations or 210 years

not protected by copyright

  • public domain (expired copyright/donated)
  • federal gov publications and web site info
  • works typically registered as a trademark
    • tag lines and slogans
      • just do it – nike 1988
      • got milk – 1993
  • math equations and formulas
  • recipes
  • blank forms
  • phone books

copyright holder exclusive rights

  1. make copies of the work
  2. prepare derivative works
  3. distribute copies
  4. perform the work – performing live (band concert); pre-record audio visual of the same items. DVD play of a movie is considered “performing”
  5. display the work

legality vs reality

legality – activity may be copyright infringement from a legal point of view.

reality – tolerated or ignored by the copyright holder for various reasons

limitations on copyright

  • fair use (#107). librarians use it a lot to copy. using copyright works in F2F teaching, scholarship, research and other non-profit ed purposes.
    1. criticism, comment, news reporting, teaching, scholarship, research

four factors to consider (not educational exception) ; it is a four part test to apply: 1. purpose and character if tge yse 2. nature of the copyirghted work (e.g. factual v creative) 3. amount
http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/docs/Fair_Use_Checklist1.pdf

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

fair use >> . transformation: 1. add / subtract from original 2. use for different purpose; >> parody songs – using enough of music and words to recognize the song, but not enough to it to be copyright infrigement. memes.

students’ use of copyrighted works. students may: use the entire copyrighted work but not publish openly

copyright act #110 (1) applies to F2F teaching.

copyright act #110 (2) applies to Hybrid/Online teaching. exception one digital copy can made and uploaded on D2L. reasonable and limited portions of dramatic musical or audiovisual works

http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

personal use v public performance.

if people identifiable ask them to sign a media release form

plagiarism v copyright infringement.

Creative Commons (CC). search engine for content available through cc licenses. https://creativecommons.org/ CC BY – attribution needed; CC BY-SA may remix, tweak CC BY-ND can redistribute, but not alter CC BY-NC for non profit. CC BY-NC-SA

copyright questions

book chapters: one is a rule of thumb
PDF versions of the eassays textbook acceptable, if the students purchased it

music performance licenses: usually cover – educational activities on campus; ed activities at off-campus locations that are outreach

music licenses: BMI, ASCAP, SESAC

#201. Ownership of Copyright. Student ownership http://www.minnstate.edu/system/asa/academicaffairs/policy/copyright/forms.html

MnSCU board policy 3.26 intellectual policy. part 4, subpart A: institutional works; scholarly works; personal works; student works. MnSCU board policy 3.27.1: copyright clearance.

Gary.Hunter@so.mnscu.edu

++++++++++++
more on OER in this IMS blog
http://blog.stcloudstate.edu/ims?s=oer

photo sharing and libraries

Photo-sharing Site as Library Tool : A Web-based Survey
peer-reviewed article for Digital Library Perspectives: https://mc.manuscriptcentral.com/dlp

opportunity to user to develop a sense of ownership over the library resources.

Photo-sharing sites  already  have  taken  sharp  inroads  into  the  field  of  teaching-learnin encouraging a shift from teacher-led approach to user centred engagement (Kawka, et al,2012).

Introducing photo-sharing sites and integrating with other social networking sites, libraries are now making their web presence outside the “traditional web platform”. With facility of online  managing  and  sharing  of  digital  images,  photo-sharing  sites  enable  users  to  get remotely connected with others and interact with comment links. Photo-sharing sites that are commonly being used by libraries are Flickr (www.flickr.com), Instagram (instagram.com), Pinterest  (in.pinterest.com),   Photobucket   (photobucket.com),   Picasa   (picasa.google.com), SmugMug (www.smugmug.com), etc (Bradley, 2007; Kroski, 2008; Salomon, 2013).

The results showed that blog and RSS are among the mostly used applications and web 0 applications are associated with overall website quality,  particularly to  the  service  quality.

Stvilia and  Jörgensen  (2010) suggests that  controlled  vocabulary  terms  may  be

37 complemented with those user generated tags which users feel more comfortable with for information The study also reflects a growing interest among the user community to be involved in “social content creation and sharing communities in creating and enhancing the metadata of their photo collections to make the collections more accessible and visible”.

page 7-8.
2.1 Steps to increase accessibility to photo-sharing sites
a)  Improve visibility: To make photo-sharing sites of the library easily visible, a direct link to library homepage is essential

p. 9
2.2 Purposes of using photo-sharing sites
a)   Organising library tour
b) Community building
c)   Tool for digitisation
d) Grabbing the users at their own place
e)   Integrating  Feeds  with  other  application
f)   Displaying new arrivals : Newly added books
g)   Sharing news & events and publicize library activities
h)   Archives of exhibits
i) Portal for academic and research activity:   Photo-sharing sites may serve as platform tofoster teaching learning activity, particularly for those who may use these image resource sites for academic purpose
j)  Experimentation : Being a relatively new approach to users service, these tools may be introduced on experimental basis to examine their proper utilisation before final implementation
k) Miscellaneous :  Public  library  can  reach  out  to  the  community  physically,  offer service to  the  traditionally  underserved,  homebound  or  people  with  disability, implement programmes  to  include  marginalised  section  of  the  community  and showcase its mobile outreach efforts in photo-sharing sites.

page 12-13
Before  going  to  integrate  photo-sharing  site,  a  library  should  set  the  strategic  objectives i.e., what purposes are to be served. “Purpose can provide clarity of vision when creating policies or  guidelines”  (Garofalo,  2013,  p.28).  The above discussedrange  of  purposes  may  help  librarians  to  develop  better  understanding  to  makeinformed  selection  of  photo-sharing  utility and  the  nature  of  images  to  be  posted through it. Goal setting should precede consideration of views of a sizeable section of all library stakeholders to know beforehand what they expect from the library.
•    Once the purposes are outlined, a library should formulate policy/ guideline for photo-sharing practices, based on user requirement, staff resource, available time component and technological support base. Policy offers a clear guideline for the users and staff to decide the kind of images to be posted.   A guideline is indeed essential for the optimum use of photo-sharing site. It also delineates the roles and responsibilities of the staff concerned and ensures regular monitoring of the posts. Policy may highlight fair use guidelines and allow re-use of images within the scope of copy-right.
•    A best way to start is integrating an app, involving simple design with fewer images and let users be familiarized with the system. During the course of development more and more apps may be added, with more images to be posted to serve variety of purposes, depending on the institutional resource and user demand.
•    Accessibility to photo-sharing site largely depends on its visibility to the audience. Icon  of  photo-sharing  utility  prominently  located  on  website  will  increase  the presentation of its visual identity. Library may set links to photo-sharing sites at home page or at drilled-down page.
•    Being  an  emerging  technology,  photo-sharing  site  needs  adequate  exposure  for optimum usage. Annotations associated to photo-sharing site will give an idea about the online tool and will guide users to better harness the application.
•    Photo-sharing sites allow images to be organised in a variety of way. Categorising image resources under various topical headings at one location will improve resource identification and frees one from extensive searching.
•    Regular posting of engaging images to photo-sharing site from the library and follow- up will attract users to tag and share images and strengthen community involvement with active user participation.
•    “Social and informal photographs” of library staff will make them more approachable and strengthen patron-staff relationship.
•    Library should seek user comments and suggestions to improve current photo-sharing application  and  to  incorporate  fresh  element  to  library  service  provision.  User feedback may be considered as a tool to evaluate the effectiveness of existing photo- sharing practices.
•    To  popularise  the  effort,  usual  promotional  media  like  physical  and  online  signs/ displays  apart,   library  may  use   social   media  marketing  platforms   like   blogs, Facebook, Twitter, etc., and increase awareness of photo-sharing tools.
•    Imparting technology training may develop necessary knowledge; improve skill, and change the attitude and mindset of library professionals to handle issues related to using this web-based powered-tools and repurpose existing accessibility settings.
•    To provide quick link to photo-sharing site from anywhere in the web, a library may use add-ons / plug-ins to embed image sharing tools.
•    Photo-sharing site may be implemented to satisfy multiple approach options of users. A section  of  users  use  photo-sharing site  to have  a glimpse  of  the  newly arrived documents, highlights of catalogue, rare books, etc.   Some others may use it to find images of historical importance with context. New users may find it attractive to pay

 

Text and Data Mining

Webinar: Text and Data Mining: The Way Forward, June 30, 10am (EDT)

LITA announcement. Date: Thursday, June 30, 2016,  Time:  10am-11:30am (EDT), Platform: WebEx. Registration required.

a critically important means of uncovering patterns of intellectual practice and usage that have the potential for illuminating facets and perspectives in research and scholarship that might otherwise not be noted. At the same time, challenges exist in terms of project management and support, licensing and other necessary protections.

Confirmed speakers include: Audrey McCulloch, Executive Director, ALPSP; Michael Levine-Clark, Dean of Libraries, University of Denver; Ellen Finnie, Head, Scholarly Communications and Collections Strategies, Massachusetts Institute of Technology; and Jeremy Frey, Professor of Physical Chemistry, Head of Computational Systems Chemistry, University of Southampton, UK.

Audrey McCulloch, Chief Executive, Association of Learned Professional and Society Publishers (ALPSP) and Director of the Publishers Licensing Society

Text and Data Mining: Library Opportunities and Challenges
Michael Levine-Clark, Dean and Director of Libraries, University of Denver

As scholars engage with text and data mining (TDM), libraries have struggled to provide support for projects that are unpredictable and tremendously varied. While TDM can be considered a fair use, in many cases contracts need to be renegotiated and special data sets created by the vendor. The unique nature of TDM projects makes it difficult to plan for them, and often the library and scholar have to figure them out as they go along. This session will explore strategies for libraries to effectively manage TDM, often in partnership with other units on campus and will offer suggestions to improve the process for all.

Michael Levine-Clark, the Dean and Director of the University of Denver Libraries, is the recipient of the 2015 HARRASOWITZ Leadership in Library Acquisitions Award. He writes and speaks regularly on strategies for improving academic library collection development practices, including the use of e-books in academic libraries, the development of demand-driven acquisition models, and implications of discovery tool implementation.

Library licensing approaches in text and data mining access for researchers at MIT
Ellen Finnie, Head, Scholarly Communications & Collections Strategy, MIT Libraries

This talk will address the challenges and successes that the MIT libraries have experienced in providing enabling services that deliver TDM access to MIT researchers, including:
· emphasizing TDM in negotiating contracts for scholarly resources

· defining requirements for licenses for TDM access

· working with information providers to negotiate licenses that work for our researchers

· addressing challenges and retooling to address barriers to success

· offering educational guides and workshops

· managing current needs v. the long-term goal– TDM as a reader’s right

Ellen Finnie is Head, Scholarly Communications & Collections Strategy in the MIT Libraries. She leads the MIT Libraries’ scholarly communications and collections strategy in support of the Libraries’ and MIT’s objectives, including in particular efforts to influence models of scholarly publishing and communication in ways that increase the impact and reach of MIT’s research and scholarship and which promote open, sustainable publishing and access models. She leads outreach efforts to faculty in support of scholarly publication reform and open access activities at MIT, and acts as the Libraries’ chief resource for copyright issues and for content licensing policy and negotiations. In that role, she is involved in negotiating licenses to include text/data mining rights and coordinating researcher access to TDM services for licensed scholarly resources. She has written and spoken widely on digital acquisitions, repositories, licensing, and open access.

Jeremy Frey, Professor of Physical Chemistry, Head of Computational Systems Chemistry, University of Southampton, UK

Text and Data Mining (TDM) facilitates the discovery, selection, structuring, and analysis of large numbers of documents/sets of data, enabling the visualization of results in new ways to support innovation and the development of new knowledge. In both academia and commercial contexts, TDM is increasingly recognized as a means to extract, re-use and leverage additional value from published information, by linking concepts, addressing specific questions, and creating efficiencies. But TDM in practice is not straightforward. TDM methodology and use are fast changing but are not yet matched by the development of enabling policies.

This webinar provides a review of where we are today with TDM, as seen from the perspective of the researcher, library, and licensing-publisher communities. 

first year experience: functional literacy

Digital (Re)Visions: Blending Pedagogical Strategies with Dynamic Classroom Tactics

http://praxis.technorhetoric.net/tiki-index.php?page=PraxisWiki%3A_%3ADigital_Revisions

I therefore approach that aspect of the FYW class with this baseline assumption: Most of the eighteen- to twenty-year-olds who attend The University of Arizona already communicate via digital technologies in various ways and can learn to use template-based applications with relative ease, especially if they are first given time during class to collaborate on penalty-free projects with select applications.

Beyond that initial experimentation with the capabilities and functionality of new technologies, what FYW students most need to learn in our limited time is a thing or two about conventions that span across many online publishing venues and multimodal genres (such as nonlinearity and linking) and basic design principles (such as visual organization, coherence, and impact). Also essential are multiple conversations about fair use, copyright, and other ethical concerns regarding representation of self, others, and ideas that students must consider when going public with their compositions. Such an approach builds on what Stuart Selber (2004) calls the “functional literacy” of digital technology that FYW students typically bring to these classes, challenging students to develop critical and rhetorical literacies and become questioners and producers of digital texts.

I ask my FYW students to translate their written public arguments (open letters; letters to editors, public figures, or organizations; opinion columns; perspective-forwarding creative nonfiction) into more visually and/or aurally oriented arguments (via Prezi or YouTube; through the creation of editorial cartoons, infographics, public service announcements or other multimodal texts). (For more information, see the assignment sheet

20 Digital Skills Every 21st Century Teacher should Have

The 20 Digital Skills Every 21st Century Teacher should Have

http://www.educatorstechnology.com/2012/06/33-digital-skills-every-21st-century.html

1- Create and edit  digital audio
2- Use Social bookmarking to share resources with and between learners
3- Use blogs and wikis to create online platforms for students
4- Exploit digital images for classroom use
5- Use video content to engage students
6- Use infographics to visually stimulate students
7- Use Social networking sites to connect with colleagues and grow professionally

8- Create and deliver asynchronous presentations and training sessions
9- Compile a digital e-portfolio for their own development
10- be able to detect plagiarized works in students assignments
11- Create screen capture videos and tutorials
12- Curate web content for classroom learning
13- Use and provide students with task management tools to organize their work and plan their learning
14- Use polling software to create a real-time survey in class
15- Understand issues related to copyright and fair use of online materials
16- Use digital assessment tools to create quizzesHere are some tools for teachers to develop this skill
17- Find and evaluate authentic web based content
18- Use digital tools for time management purposes
19- Use note taking tools to share interesting content with your students
20- Use of online sticky notes to capture interesting ideas

MOOC Copyright for Educators & Librarians Kevin Smith, M.L.S., J.D., Lisa A. Macklin, J.D.,M.L.S., Anne Gilliland, JD, MLS

Copyright for Educators & Librarians

by Kevin Smith, M.L.S., J.D., Lisa A. Macklin, J.D.,M.L.S., Anne Gilliland, JD, MLS

thread Wk 1 – T2: Copyright: Shortened or Lengthened? – PART 1

Follow the money” was mentioned as a way to understand the concept of copyright and copyright law

Copyright lengths should be shortened.  Term lengths like these rarely benefit actual people.  They benefit corporations, be it publishers or things like Disney.

Karen Lightner: I can see the usefulness of bringing the US into line with the Berne Convention, so that we are in line with other nations’ laws. But the additional 20 years we have added for individuals and the incredibly long period for corporations goes against, I believe, what the founding fathers intended when they specified for a limited time.

Edwin A Quist: There are collections of so-called production music issued with licenses to be used for educational videos.  We have at least two sets of these in our music library (in various styles: rock ,classical, world, electronic, etc.) — but don’t expect great art!  Also WikiMedia Commons has some CC licensed music.

Brad Whitehead: I have no quarrel with protecting corporate trademarks — Disney characters or Nike swooshes, etc. — but maintaining monopolies on creative works for such extended periods primarily  enriches publishers with no benefit to the creators.

Nicholas Theo: There are definitely works created where it can be next to impossible to find the owner, or their descendant 20 years after the creation of the work. I have also witnessed when you do track these people down that they want an exorbitant sum of money for permission to use their creation even when there has been absolutely no interest in it. In the end no deal is made. On the other hand I work with two small non profit organizations whose body of work is of value. The material is actively used, and the body of work is a core asset for the organization. What happens to each organization once the copyrights expire? One organization faces this reality in 2015. The Internet permits an environment where decades of work may be used, and in some instances in ways the original material was never intended to be used. For instance, written passages can be misquoted and there will no longer be a legal mechanism to halt this practice.

Karen Case: I would be curious to know if the Youtube video with Mozart would have been removed if the link was made private.

Susan Martel: I think about The Hobbit which was published in 1937.  The author, Tolkien, died in 1973, and I remember his books being popular in the seventies and the eighties.  It was fairly recently that movies were made based on his books.  It seems fair (and I hope that it is the case) that he left a great legacy behind to his family so that they could continue to receive income from his work.  If Tolkien’s works were in the public domain by the time the movies were made, it is just an easy way for those working in the movie industry to become even wealthier without having to pay anything to the author or his beneficiaries.  Not all works have the kind of potential that Tolkien’s did, but without a crystal ball to predict the future it may be difficult to predict accurately what works will have continued success for generations and which will just be a flash in the pan.

Charles N. Norton: There is something called “Good Faith” effort that many archives hold to that tends to be the “standard” when trying to use copyrighted material for educational use, but it really only applies when you know who the copyright holder is and for whatever reason they simply do not respond to your requests. It does not remove the authors rights and, in fact, many times one does end up having to remove shared material after the fact because the copyright holders finally does get around to denying permission.

Lesli Moore: I’m glad to see some discussion about Open Access to works.  Perhaps instead of shortening the term, creators can circumvent the terms by offering open access using Creative Commons.

Jef Gielen: There are pros and cons. Do we find it reasonable that heirs take benefit from a work they did not contribute to at all ? To me, this is not evident. On the other hand, the copyright can be in hand of foundations trying to continue the work of an author – e.g. by means of scholarships. That’s another story ..

Resources:
Here is a complete list of all the suggested readings for the Copyright for Educations and Librarians Course. Click here for a downloadable PDF version of the Suggested Readings that contains the full URL links.

Week 1

 

Week 2

Week 3

Samples:

OPTIONAL – Resources on music copyright:

Sources for examples:

For the history behind the controversy over “The Lion Sleeps Tonight,” listen to these three YouTube videos:

  • Linda’s “Mbube” – 1939 (start at 0:21)
  • The Weavers with Pete Seeger “Wimoweh” – 1952 (start at 1:13)
  • Tokens “The Lion Sleeps Tonight” – 1961 (start at 0:15)

Week 4

Free Course – Copyright for Educators & Librarians

Free Course – Copyright for Educators & Librarians

http://www.freetech4teachers.com/2014/06/free-course-copyright-for-educators.html?m=1

Copyright can be one heck of a confusing topic. There seems to be an endless number of nuances and exceptions to copyright rules. To help educators gain a better understanding of copyright as it relates to schools, instructors from Duke, Emory, and UNC Chapel Hill have created a Coursera course titled Copyright for Educators & Librarians.

Copyright for Educators & Librarians is a four week course beginning on July 21st. It is free to register and participate in this online professional development course. Attendees who desire a “verified certificate” can register for that option for a $49 fee.

The course will feature four units of study:

  • A framework for thinking about copyright.
  • Authorship and rights.
  • Specific exceptions for teachers and librarians.
  • Understanding and using fair use.
If you’re looking for a primer on copyright issues, take a look at this collection of resources for learning about and teaching about copyright.

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