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@bccampus.ca | Skype lauri.aesoph
120-645 Fort Street | Coast & Straits Salish Territory | Victoria, BC | V8W1G2
BCcampus.ca | @BCcampus | #BCcampus

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From: "Erin Fields" <erin.fields@ubc.ca>
To: "Caroline Daniels" <Caroline.Daniels@kpu.ca>, "ikehoe" <ikehoe@uvic.ca>, "laesoph" <laesoph@bccampus.ca>, "bcoel" <bcoel@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@mail.bccampus.ca] On Behalf Of Caroline Daniels
Sent: January-24-18 9:17 AM
To: 'Inba Kehoe' <ikehoe@uvic.ca>; 'Lauri Aesoph' <laesoph@bccampus.ca>; 'bcoel' <bcoel@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@mail.bccampus.ca] On Behalf Of Inba Kehoe
Sent: Tuesday, January 23, 2018 8:13 PM
To: Lauri Aesoph <laesoph@bccampus.ca>; bcoel <bcoel@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@uvic.ca  | http://copyright.uvic.ca
press@uvic.ca  |  https://oac.uvic.ca/press
ikehoe@uvic.ca

 

 

From: Bcoel [mailto:bcoel-bounces@kodos.bccampus.ca] On Behalf Of Lauri Aesoph
Sent: Tuesday, January 23, 2018 4:02 PM
To: bcoel <bcoel@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 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@bccampus.ca | Skype lauri.aesoph

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

BCcampus.ca | @BCcampus | #BCcampus

 

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