[Bcoel] Embedding restricted videos in an open textbook or other OER:

[Inba Kehoe]

Some quick thoughts.

I think we should be talking about videos and podcasts mainly. This is what I find that most want to use because it adds a little interactivity to the site and the resource. Please don’t normally embed a research article – you would normally upload the pdf of the article or provide a link depending on permissions.

I am not sure about the other countries question.

It would take longer to find the answers for the rest of your questions.

Regards

[email-signature]

Inba Kehoe, B.A Honours, MLS (Toronto), PhD Student (UVic)
Copyright Officer, Scholarly Communication &
Research Repository Librarian

William C. Mearns Centre for Learning - McPherson Library, Room 250
PO Box 1800 STN CSC, Victoria, BC  V8W 3H5 Canada
T 250-472-5017
Fax: 250-721-8215
copyright at uvic.ca<mailto:copyright at uvic.ca>  | http://copyright.uvic.ca<http://copyright.uvic.ca/>
press at uvic.ca<mailto:press at uvic.ca>  |  https://oac.uvic.ca/press
ikehoe at uvic.ca<mailto:ikehoe at uvic.ca>
[cid:image002.png at 01D395F5.42F51340]<https://orcid.org/0000-0002-8255-5303>



From: Lauri Aesoph [mailto:laesoph at bccampus.ca]
Sent: Thursday, January 25, 2018 3:52 PM
To: bcoel <bcoel at kodos.bccampus.ca>
Cc: Caroline Daniels <Caroline.Daniels at kpu.ca>; Inba Kehoe <ikehoe at uvic.ca>; Karen Meijer-Kline <Karen.Meijer-Kline at kpu.ca>; Erin Fields <erin.fields at ubc.ca>
Subject: Re: [Bcoel] Embedding restricted videos in an open textbook or other OER:

Hi Everyone

This is a wonderful discussion, and an important one. Based on the responses I've received so far, below, I would like to create a clear and condensed statement. Perhaps the group can help me refine this best practices statement for B.C. faculty and staff writing/adapting open textbooks/OER. Some items to think about addressing:

- define and differentiate between linking, embedding, file upload, and how each process is affected by the creator's copy rights and permissions released by the creator (or not)
- embedding typically (I think) refers to the act of displaying a medium, such as a video, without copying the file: Which formats are affected? Where does the printed copy fit into this discussion?
- fyi: it's been my experience that videos are embedded in Pressbooks because the files are too large to upload into the platform (even after being compressed)
- because copyright is jurisdictional, how does this practice vary between countries? Or does it?

Douglas (Debra Flewelling): My first reaction is to compare it with a journal article from a paid journal subscription. We can link out to the article but we break our license agreement if we embed a PDF document in Blackboard. So I would say embedding a restricted video is illegal.


KPU (Karen Meijer-Kline): As far as I understand it, it is a bit of a grey area. It is probably not illegal, since you are not uploading the video yourself, but if that video was made available to the public without permission from the copyright holder to begin with (on youtube for example) then embedding it would further the infringement. They would not go after the Open resource creators for this most likely, but like I said it is a grey area. (It may also mean that the resource can disappear at any point if it is taken down for copyright infringement.) If it was legally uploaded and shared by the copyright holder, then it would be good practice to let them know (and make sure to cite them of course), but I can’t find any indication that embedding it would be illegal.  Further, embedding copyright-protected videos would be an infringement if the work concerned was directed at a new public, eg if the source video requires a login or other technological measures designed to prevent or restrict acts which are not authorized by the rightholder. But that was probably known to anyone. J  Caveat, I am not a lawyer.

UBC (Erin Fields):  For UBC we say that embedding isn’t infringement as it is not making a copy BUT we also mention in our guides that some content will be uploaded that is covered under copyright and that the person needs to consider the content uploaded when embedded. For example, if the newest superhero flick is on Youtube that would definitely be in contravention of copyright.

UVic (Inba Kehoe):  We don’t consider embedding a resource as an infringement because we are not making a copy. I had to ask this question quite early on and this is the answer that I received from our General Counsel.

Thanks,
Lauri

Lauri Aesoph, Manager, Open Education



BCcampus | connect.collaborate.innovate.
250-893-0258 | laesoph at bccampus.ca<mailto:laesoph at bccampus.ca> | Skype lauri.aesoph

120-645 Fort Street | Coast & Straits Salish Territory | Victoria, BC | V8W1G2

BCcampus.ca<bccampus.ca> | @BCcampus | #BCcampus


Sign up for BCcampus news<https://bccampus.ca/bccampus-around-the-web/>



________________________________
From: "Erin Fields" <erin.fields at ubc.ca<mailto:erin.fields at ubc.ca>>
To: "Caroline Daniels" <Caroline.Daniels at kpu.ca<mailto:Caroline.Daniels at kpu.ca>>, "ikehoe" <ikehoe at uvic.ca<mailto:ikehoe at uvic.ca>>, "laesoph" <laesoph at bccampus.ca<mailto:laesoph at bccampus.ca>>, "bcoel" <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Sent: Wednesday, January 24, 2018 9:21:04 AM
Subject: RE: [Bcoel] Embedding restricted videos in an open textbook or        other OER

For UBC we say that embedding isn’t infringement as it is not making a copy BUT we also mention in our guides that some content will be uploaded that is covered under copyright and that the person needs to consider the content uploaded when embedded. For example, if the newest superhero flick is on Youtube that would definitely be in contravention of copyright.

From: Bcoel [mailto:bcoel-bounces at mail.bccampus.ca] On Behalf Of Caroline Daniels
Sent: January-24-18 9:17 AM
To: 'Inba Kehoe' <ikehoe at uvic.ca<mailto:ikehoe at uvic.ca>>; 'Lauri Aesoph' <laesoph at bccampus.ca<mailto:laesoph at bccampus.ca>>; 'bcoel' <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Subject: Re: [Bcoel] Embedding restricted videos in an open textbook or other OER

Oh now I’m perking up. Anyone else have legal advice like this? The embed has so much more appeal than a link to students!

From: Bcoel [mailto:bcoel-bounces at mail.bccampus.ca] On Behalf Of Inba Kehoe
Sent: Tuesday, January 23, 2018 8:13 PM
To: Lauri Aesoph <laesoph at bccampus.ca<mailto:laesoph at bccampus.ca>>; bcoel <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Subject: Re: [Bcoel] Embedding restricted videos in an open textbook or other OER

Hi Lauri,

We don’t consider embedding a resource as an infringement because we are not making a copy. I had to ask this question quite early on and this is the answer that I received from our General Counsel.

Regards

[email-signature]

Inba Kehoe, B.A Honours, MLS (Toronto), PhD Student (UVic)
Copyright Officer, Scholarly Communication &
Research Repository Librarian
William C. Mearns Centre for Learning - McPherson Library, Room 250
PO Box 1800 STN CSC, Victoria, BC  V8W 3H5 Canada
T 250-472-5017
Fax: 250-721-8215
copyright at uvic.ca<mailto:copyright at uvic.ca>  | http://copyright.uvic.ca<http://copyright.uvic.ca/>
press at uvic.ca<mailto:press at uvic.ca>  |  https://oac.uvic.ca/press
ikehoe at uvic.ca<mailto:ikehoe at uvic.ca>
[cid:image002.png at 01D395F5.42F51340]<https://orcid.org/0000-0002-8255-5303>



From: Bcoel [mailto:bcoel-bounces at kodos.bccampus.ca] On Behalf Of Lauri Aesoph
Sent: Tuesday, January 23, 2018 4:02 PM
To: bcoel <bcoel at kodos.bccampus.ca<mailto:bcoel at kodos.bccampus.ca>>
Subject: [Bcoel] Embedding restricted videos in an open textbook or other OER

Hi Everyone,

Our Open Ed group has a question about the legality of embedding resources that are copyrighted with "all rights reserved" into an open textbook, or other OER. This would be done without obtaining permission from the creator of the resource.

It is our understanding that linking to a "restricted" resource<http://www.michaelgeist.ca/2012/06/warman-v-fournier-copyright/> within an open textbook is permissible (and frequently practiced). However, does anyone know if embedding a a restricted video is also legally allowed?

Thanks,
Lauri

Lauri Aesoph, Manager, Open Education

BCcampus | connect.collaborate.innovate.
250-893-0258 | laesoph at bccampus.ca<mailto:laesoph at bccampus.ca> | Skype lauri.aesoph
120-645 Fort Street | Coast & Straits Salish Territory | Victoria, BC | V8W1G2
BCcampus.ca<bccampus.ca> | @BCcampus | #BCcampus

Sign up for BCcampus news<https://bccampus.ca/bccampus-around-the-web/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.bccampus.ca/pipermail/bcoel/attachments/20180125/eab0584a/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 15792 bytes
Desc: image001.jpg
URL: <http://lists.bccampus.ca/pipermail/bcoel/attachments/20180125/eab0584a/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 2602 bytes
Desc: image002.png
URL: <http://lists.bccampus.ca/pipermail/bcoel/attachments/20180125/eab0584a/attachment-0001.png>