Copyright, Copyleft, & Creative Commons, in Digital Storytelling
C H AP TE R 1
Copyleft, Copyright, & Creative Commons
“Digital storytelling is the modern expression of the ancient art of storytelling. Throughout history, storytelling has been used to share knowledge, wisdom and values. Stories have taken many different forms. Stories have been adapted to teach successive medium that has emerged, from the circle of the campfire to the silver screen , and now the computer (iPad) screen.� -- The Digital Storytelling Association
1
The Copyright Clause in Constitution states that congress shall have the power: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. - Article I, Section 8, Clause 8 (the Copyright Clause) of the U.S. Constitution provides guidelines for inventors, consumers and producers of innovation and invention. Working within these guidelines students and teachers can learn and practice ethical standards for ownership, sharing and attribution. Current trends in publication and consumption favor open source and creative commons licensed works to connect to and contribute to the larger conversation while building on the work of others.
GALLERY 1.1 Wacky inventions over the years.
2
Ben Franklin is remembered as Americas most renowned author, scientist, statesman, ambassador, inventor, politician, and founding father. His contributions to the field of science include the lightening rod, glass ‘armonica’, bifocals, the Franklin stove, carriage odometer, and the traction kite (among others). None of his inventions were ever patented. His belief in the power of contibuting innovation and invention to ‘creative commons’ is summarized in this quote from his autobigraphy: In order of time, I should have mentioned before, that having, in 1742, invented an open stove for the better warming of rooms, and at the same time saving fuel, as the fresh air admitted was warmed in entering, I made a present of the model to Mr. Robert Grace, one of my early friends, who, having an iron-furnace, found the casting of the plates for these stoves a profitable thing, as they were growing in demand. To promote that demand, I wrote and published a pamphlet, entitled “An Account of the new-invented Pennsylvania Fireplaces; wherein their Construction and Manner of Operation is particularly explained; their Advantages above every other Method of warming Rooms demonstrated; and all Objections that have been raised against the Use of them answered and obviated,” etc. This pamphlet had a good effect. Gov’r. Thomas was so pleas’d with the construction of this stove, as described in it, that he offered to give me a patent for the sole vending of them for a term of years; but I declin’d it from a principle which has ever weighed with me on such occasions, viz., That, as we enjoy great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours; and this we should do freely and generously. An ironmonger in London however, assuming a good deal of my pamphlet, and working it up into his own, and making some small changes in the machine, which rather hurt its operation, got a patent for it there, and made, as I was told, a little fortune by it. And this is not the only instance of patents taken out for my inventions by others, tho’ not always with the same success, which I never contested, as having no desire of profiting by patents myself, and hating disputes. The use of these fireplaces in very many houses, both of this and the neighbouring colonies, has been, and is, a great saving of wood to the inhabitants.– Benjamin Franklin, Autobiography http://www.ushistory.org/franklin/info/inventions.htm
3
Ben Franklin was the most accomplished American of his age and the most influential in inventing the type of society America would become.” – Walter Isaacson
GALLERY 1.2 Inventions attributed to Ben Franklin:
Franklin’s electricity 4
Of Icebergs and Ownership: A Common-Sense Approach to Intellectual Property by Robin Wharton
This article is taken in its entirety from: February 18, 2013 | Filed in: Open Education by Robin Wharton Recently, my colleague and Hybrid Pedagogy co-conspirator, Pete Rorabaugh, and I spoke at the Emory Symposium on Digital Publication, Undergraduate Research, and Writing. Over the course of two days of discussion, it became clear that, in order to realize the full potential of digital publication initiatives like the Domain of One's Own project at the University of Mary Washington, we need to work with our students to create an institutional environment where they are seen as owners and producers--not just users and consumers--of intellectual property. Unfortunately, institutions attempting to chart a safe course through treacherous regulatory seas too often take an approach that positions faculty and students as passengers along for the ride, rather than co-pilots or fellow travelers capable of plotting a course of their own. Instead of taking decisions out of the hands of students by establishing bright lines about what they may and may not do with their own and others' work, we should instead concentrate on the pedagogical goal of helping
Open-source Scholarship by Kris Shaffer
This article is taken in its entirety from: Open-source Scholarship May 23, 2013 | Filed in: Profession by Kris Shaffer Scholarship is, by its nature, open source. Let me explain. The open-source (or “free” or “libre”) software movement centers around a single ideal: community ownership of software. Open-source software may or may not be free-as-in-beer (no cost), but it is always free-as-in-speech. Not only do users have the right to use the software, but users, developers, and re-developers have the rights to access, manipulate, break, rebuild the original code to fix bugs, add features, or create new projects. Open-source software is licensed in a semi-restrictive way. Limitations are placed on the use of the software that preserve the rights of the community (such as the requirement that all derivative versions6 use the same license). The author gives up the sole right to sell, distribute, and create derivative works in or-
The Four Noble Virtues of Digital Media Citation by Pete Rorabaugh and Jesse Stommel
This article is taken in its entirety from: The Four Noble Virtues of Digital Media Citation by Pete Rorabaugh and Jesse Stommel In digital space, everything we do is networked. Real thinking doesn’t (and can’t) happen in a vacuum. Our teaching practices and scholarship don’t just burst forth miraculously from our skulls. The digital academic community is driven by citation, generosity, connection, and collaboration. The work we do as hybrid and critical pedagogues, digital humanists, and alternative academic publishers depends on our sharing ideas as part of a much larger project or conversation. Two weeks ago, in his post “Catching the Good”, Dan Cohen explained how the community of digital scholars should be looking to “catch” others doing great work, rather than focusing on older models that utilize negative reinforcement like the submission/rejection process. Cohen recognizes key qualities that orbit digital publishing practices, namely experimentation and interdisciplinarity. At the end of the post, he writes: When mulling new outlets for their work, scholars implicitly model risk and reward, imagining the positive and negative reinforcement they will be subjected to. It would be worth talking about this psychology more explicitly. For instance, what if there were a low-risk, but potentially high-reward, outlet that focused more on positive reinforcement -- published articles getting noticed and passed around based on merit after a relatively restricted phase 7 of pre-publication criticism?
Digital Writing Uprising: Third-order Thinking in the Digital Humanities by Sean Michael Morris
Digital Writing Uprising: Third-order Thinking in the Digital Humanities October 08, 2012 | Filed in: Literacies by Sean Michael Morris “The intellectual is still only an incompletely transformed writer” -- Roland Barthes, Writing Degree Zero There could be many epigraphs hailing a discussion of digital writing, many pithy observations about its nature, becoming, qualities, mysteries, dilemmas. From Oscar Wilde: “A writer is someone who has taught his mind to misbehave.” Virginia Woolf: “We are nauseated by the sight of trivial personalities decomposing in the eternity of print.” Gertrude Stein: “They thought they were welcome and it did not make any difference.” All these from writers who were writing long before digital writing was good breakfast conversation. Yes, epigraphs are easy. First sentences, on the other hand, are hard. Here are a few: • Digital writing is a rebellion. • Today there is no value to our writing except as it is made useful. • Essays quake and tremble at the digital. The problem with first sentences is that they are either alluring and declarative, or simply declarative. They set the stage for the discussion to follow. “Coursera is silly.” “Teaching is a moral act.” “But, you may say, we asked you to speak about women and fiction -- what, has that got to do with a room of one’s own?” And, of course, “Call me Ishmael.” Good first sentences prompt us to perk up our ears. We read a good first sentence, the lights go 8 down, the music starts, and we look around for our popcorn and candy. First sentences allow us to predict what the language that follows will do. Peeking
Copyleft Attitude Free Art License 1.3
Free Art License 1.3 [ Copyleft Attitude ] Free Art License 1.3 (FAL 1.3) Preamble The Free Art License grants the right to freely copy, distribute, and transform creative works without infringing the author's rights. The Free Art License recognizes and protects these rights. Their implementation has been reformulated in order to allow everyone to use creations of the human mind in a creative manner, regardless of their types and ways of expression. While the public's access to creations of the human mind usually is restricted by the implementation of copyright law, it is favoured by the Free Art License. This license intends to allow the use of a work’s resources; to establish new conditions for creating in order to increase creation opportunities. The Free Art License grants the right to use a work, and acknowledges the right holder’s and the user’s rights and responsibility. The invention and development of digital technologies, Internet and Free Software have changed creation methods: creations of the human mind can obviously be distributed, exchanged, and transformed. They allow to produce common works to which everyone can contribute to the benefit of all. The main rationale for this Free Art License is to promote and protect these creations of the human mind according to the principles of copyleft: freedom to use, copy, distribute, transform, and prohibition of exclusive appropriation. Definitions 9 “work” either means the initial work, the subsequent works or the common work as defined hereafter:
Bright Lines & the Golden Rule Robin Wharton
Bright Lines and Golden Rules: Copyright, Fair Use, Critical Pedagogy September 05, 2012 | Filed in: Open Education by Robin Wharton Have you ever overheard this conversation, or something similar, in the departmental copy room? One teacher says, “How many pages of a book can I copy and still call it fair use? Another teacher replies, “I think it’s ten percent (or ten pages).” I overhear these conversations all the time. As a recovering corporate intellectual property attorney I am perhaps especially attuned to them. One always correct potential answer to the question is, “Well, that depends.” Recent judicial attempts to establish some notwithstanding, bright lines just don’t exist in the legal terrain of fair use (as it’s called in the U.S.) or fair dealing (as it’s called in many other jurisdictions). Copyright law does have some very clear rules. For example, everything first published in the U.S. before January 1, 1923 is in the public domain. Or, since 1976 in the US, copyright has attached automatically to works the moment they are “fixed,” regardless of the author’s intent or preference. The slippery semiotics of the word “fair,” however, render fair use/dealing a murky and changeable concept. What is “fair” in one set of circumstances will not be “fair” in another. In the copy room hypothetical, perhaps a better answer than “Well, that depends” is “You never can tell.” Or, “That’s the wrong question to ask.”
REVIEW 1.1 Copyright Creative Commons Quiz - good luck
Question 1 of 2 Which of these symbols represents the practice of using copyright law to oer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work.
Check Answer
To find photographs to add to your iBook go to your favorite search engine. Type your query into the search window (example - crazy inventions). Go to the far right side of the screen and pull down the search menu (looks like a gear wheel) Select advanced search & “Free to use, share or modify, even commercially�. Hit return (enter) Your screen will be filled with images that you can safely include in your book. The photos below will walk you through these steps.
GALLERY 1.3 Advanced Search technique @ google
Click to 0pen the PDF file from Simmons College . Then scroll down to page 8 ‘Story-telling Tools and Tool Reviews’ to find advice and links to “open” source images and audio to use in your digital storytelling projects.
INTERACTIVE 1.1 Digital Storytelling Tips and Resources. From Simmons College Boston, Ma. 2008
The Internet Archive is a massive repository of historical media that falls under the Creative Commons designation. Tap here to check out this valuable digital library of books, movies music.
13
The International Society for Technology in Education has provided these guidelines for students, teachers and institutions. Click on these lists to become better informed about the future of digital storytelling & technology for use in (and beyond) the classroom. Click here to visit the iste.org/nets web page
I STE NATI ONAL EDUCATI ONAL TECHNOLOGY STANDARDS ( NETS) AND PERFORM ANCE I NDI CATORS FOR TEACHERS
All classroom teachers should be prepared to meet the following standards and performance indicators. I. TECHNOLOGY OPERATIONS AND CONCEPTS
Teachers demonstrate a sound understanding of technology operations and concepts. Teachers: A. demonstrate introductory knowledge, skills, and understanding of concepts related to technology (as described in the ISTENational Educational Technology Standards for Students). B. demonstrate continual growth in technology knowledge and skills to stay abreast of current and emerging technologies. II. PLANNING AND DESIGNING LEARNING ENVIRONMENTS AND EXPERIENCES
Teachers plan and design effective learning environments and experiences supported by technology. Teachers: A. design developmentally appropriate learning opportunities that apply technology-enhanced instructional strategies to support the diverse needs of learners. B. apply current research on teaching and learning with technology when planning learning environments and experiences. C. identify and locate technology resources and evaluate them for accuracy and suitability. D. plan for the management of technology resources within the context of learning activities. E. plan strategies to manage student learning in a technology-enhanced environment. III. TEACHING, LEARNING, AND THE CURRICULUM
Teachers implement curriculum plans that include methods and strategies for applying technology to maximize student learning. Teachers: A. facilitate technology-enhanced experiences that address content standards and student technology standards. B. use technology to support learner-centered strategies that address the diverse needs of students. C. apply technology to develop students’ higher order skills and creativity. D. manage student learning activities in a technology-enhanced environment.
IV. ASSESSMENT AND EVALUATION
Teachers apply technology to facilitate a variety of effective assessment and evaluation strategies. Teachers: A. apply technology in assessing student learning of subject matter using a variety of assessment techniques. B. use technology resources to collect and analyze data, interpret results, and communicate findings to improve instructional practice and maximize student learning. C. apply multiple methods of evaluation to determine students’ appropriate use of technology resources for learning, communication, and productivity. V. PRODUCTIVITY AND PROFESSIONAL PRACTICE
Teachers use technology to enhance their productivity and professional practice. Teachers: A. use technology resources to engage in ongoing professional development and lifelong learning. B. continually evaluate and reflect on professional practice to make informed decisions regarding the use of technology in support of student learning. C. apply technology to increase productivity. D. use technology to communicate and collaborate with peers, parents, and the larger community in order to nurture student learning. VI. SOCIAL, ETHICAL, LEGAL, AND HUMAN ISSUES
Teachers understand the social, ethical, legal, and human issues surrounding the use of technology in PK–12 schools and apply that understanding in practice. Teachers: A. model and teach legal and ethical practice related to technology use. B. apply technology resources to enable and empower learners with diverse backgrounds, characteristics, and abilities. C. identify and use technology resources that affirm diversity. D. promote safe and healthy use of technology resources. E. facilitate equitable access to technology resources for all students.
Copyright © 2000, ISTE (International Society for Technology in Education), 800.336.5191 (U.S. & Canada) or 541.302.3777 (International), iste@iste.org, www.iste.org. All rights reserved.
14
9
Copyleft Copyleft (a play on the word copyright) is the practice of using copyright law to offer the right to distribute copies and modified versions of a work and requiring that the same rights be preserved in modified versions of the work. In other words, copyleft is a general method for marking a creative work as freely available to be modified, and requiring all modified and extended versions of the creative work to be free as well.[1] Copyleft is a form of licensing and can be used to maintain copyright conditions for works such as computer software, documents, and art. In general, copyright law is used by an author to prohibit recipients from reproducing, adapting, or distributing copies of the work. In contrast, under copyleft, an author may give every person who receives a copy of a work permission to reproduce, adapt or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement. Copyleft licenses (for software) require that information necessary for reproducing and modifying the work must be made available to recipients of the executable. The source code files will usually contain a copy of the license terms and acknowledge the author(s). Copyleft type licenses are a novel use of existing copyright law to ensure a work remains freely available. The GNU General Public License, originally written by Richard Stallman, was the first copyleft license to see extensive use, and continues to dominate the licensing of copylefted software. Creative Commons, a non-profit organization founded by Lawrence Lessig, provides a similar license provision condition called ShareAlike.
Taken from the Wikipedia page defining Copyleft. For more go to: http://en.wikipedia.org/wiki/Copy_left
Related Glossary Terms Drag related terms here
Index
Find Term
Copyright Copyright is a legal concept, enacted by most governments, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to receive compensation for their work and be able to financially support themselves. Copyright is a form of intellectual property (as patents, trademarks and trade secrets are), applicable to any expressible form of an idea or information that is substantive and discrete.[1] It is often shared, then percentage holders are commonly called rightsholders: legally, contractually and in associated "rights" business functions.[citation needed] Generally rightsholders have "the right to copy", but also the right to be credited for the work, to determine who may adapt the work to other forms, who may perform the work, who may financially benefit from it, and other related rights. Copyright initially was conceived as a way for government to restrict printing; the contemporary intent of copyright is to promote the creation of new works by giving authors control of and profit from them. Copyrights are said to be territorial, which means that they do not extend beyond the territory of a specific state unless that state is a party to an international agreement. Today, however, this is less relevant since most countries are parties to at least one such agreement. While many aspects of national copyright laws have been standardized through international copyright agreements, copyright laws of most countries have some unique features.[2] Typically, the duration of copyright is the whole life of the creator plus fifty to a hundred years from the creator's death, or a finite period for anonymous or corporate creations. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. Most jurisdictions recognize copyright limitations, allowing "fair" exceptions to the creator's exclusivity of copyright, and giving users certain rights. The development of digital media and computer network technologies have prompted reinterpretation of these exceptions, introduced new difficulties in enforcing copyright, and inspired additional challenges to copyright law's philosophic basis. Simultaneously, businesses with great economic dependence upon copyright have advocated the extension and expansion of their intellectual property rights, and sought additional legal and technological enforcement. Taken from Wikipedia page defining Copyright. For more go to: http://en.wikipedia.org/wiki/Copyright
Related Glossary Terms Drag related terms here
Index
Find Term
Creative Commons (CC) Creative Commons (CC) is a non-profit organization headquartered in Mountain View, California, United States, devoted to expanding the range of creative works available for others to build upon legally and to share.[1] The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. These licenses allow creators to communicate which rights they reserve, and which rights they waive for the benefit of recipients or other creators. An easy-to-understand one-page explanation of rights, with associated visual symbols, explains the specifics of each Creative Commons license. Creative Commons licenses do not replace copyright, but are based upon it. They replace individual negotiations for specific rights between copyright owner (licensor) and licensee, which are necessary under an "all rights reserved" copyright management, with a "some rights reserved" management employing standardized licenses for re-use cases where no commercial compensation is sought by the copyright owner. The result is an agile, low-overhead and low-cost copyright-management regime, profiting both copyright owners and licensees. Wikipedia uses one of these licenses.[2] The organization was founded in 2001 by Lawrence Lessig, Hal Abelson, and Eric Eldred[3] with the support of Center for the Public Domain. The first article in a general interest publication about Creative Commons, written by Hal Plotkin, was published in February 2002.[4] The first set of copyright licenses was released in December 2002.[5] The founding management team that developed the licenses and built the Creative Commons infrastructure as we know it today included Molly Shaffer Van Houweling, Glenn Otis Brown, Neeru Paharia, and Ben Adida.[6] Matthew Haughey and Aaron Swartz[7] also played a significant role in the early stages of the project. In 2008, there were an estimated 130Â million works licensed under the various Creative Commons licenses.[8] As of October 2011, Flickr alone hosts over 200 million Creative Commons licensed photos.[9] Creative Commons is governed by a board of directors and a technical advisory board. Their licenses have been embraced by many as a way for creators to take control of how they choose to share their copyrighted works. Taken from Wikipedia page defining Creative Commons. For More go to: http://en.wikipedia.org/wiki/Creative_commons
Related Glossary Terms Drag related terms here
Index
Find Term
Fair use
Fair use is a limitation and exception to the exclusive right granted by c
right law to the author of a creative work. In United States copyright law
use is a doctrine that permits limited use of copyrighted material withou
quiring permission from the rights holders. Examples of fair use includ
mentary, search engines, criticism, parody, news reporting, research, te
ing, library archiving and scholarship. It provides for the legal, unlicens
tation or incorporation of copyrighted material in another author's wor der a four-factor balancing test.
The term fair use originated in the United States. A similar principle, fa
dealing, exists in some other common law jurisdictions. Civil law jurisd tions have other limitations and exceptions to copyright. From Wikipedia Page defining Fair Use. For more go to: http://en.wikipedia.org/wiki/Fair_use
Related Glossary Terms Drag related terms here
Index
Find Term
Intellectual Property Intellectual property (IP) is a legal concept which refers to creations of the mind for which exclusive rights are recognized.[1] Under intellectual prop-
erty law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellec-
tual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. Although many of the legal principles governing intellectual property rights
have evolved over centuries, it was not until the 19th century that the term in tellectual property began to be used, and not until the late 20th century that it became commonplace in the majority of the world.[2] The British Statute
of Anne (1710) and the Statute of Monopolies (1624) are now seen as the origins of copyright and patent law respectively.[3] From Wikipedia page defining Intellectual Property. For more go to http://en.wikipedia.org/wiki/Intellectual_property
Related Glossary Terms Drag related terms here
Public Domain This article is about public ownership of creative works. Works in the public domain are those whose intellectual property rights have expired,[1] have been forfeited,[2] or are inapplicable. Examples include the works of Shakespeare and Beethoven, The King James Bible, most of the early silent films, the formulae of Newtonian physics, and the patents on powered flight.[1] The term is not normally applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". In informal usage, the public domain consists of works that are publicly available; while according to the formal definition, it consists of works that are unavailable for private ownership or are available for public use.[2] As rights are country-based and vary, a work may be subject to rights in one country and not in another. Some rights depend on registrations with a country-bycountry basis, and the absence of registration in a particular country, if required, implies public domain status in that country. Public Domain is one of the traditional safety valves in copyright law. From Wikipedia page defining Public Domain. For more go to: http://en.wikipedia.org/wiki/Public_domain
Related Glossary Terms Drag related terms here
Wikipedia Creative Commons Deed Creative Commons Deed This is a human-readable summary of the full license below. You are free: • to Share—to copy, distribute and transmit the work, and • to Remix—to adapt the work Under the following conditions: • Attribution—You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work.) • Share Alike—If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license. With the understanding that: • Waiver—Any of the above conditions can be waived if you get permission from the copyright holder. • Other Rights—In no way are any of the following rights affected by the license: • your fair dealing or fair use rights; • the author's moral rights; and • rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights. • Notice—For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do that is with a link to http://creativecommons.org/licenses/by-sa/3.0/
Related Glossary Terms Drag related terms here
Index
Find Term