3:57 p.m.
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@uvic.ca<mailto:copyright@uvic.ca> |
http://copyright.uvic.ca<http://copyright.uvic.ca/>
press@uvic.ca<mailto:press@uvic.ca> | https://oac.uvic.ca/press
ikehoe@uvic.ca<mailto:ikehoe@uvic.ca>
[cid:image002.png@01D395F5.42F51340]<https://orcid.org/0000-0002-8255-5303>
From: Lauri Aesoph [mailto:laesoph@bccampus.ca]
Sent: Thursday, January 25, 2018 3:52 PM
To: bcoel <bcoel(a)kodos.bccampus.ca>
Cc: Caroline Daniels <Caroline.Daniels(a)kpu.ca>ca>; Inba Kehoe <ikehoe(a)uvic.ca>ca>;
Karen Meijer-Kline <Karen.Meijer-Kline(a)kpu.ca>ca>; Erin Fields
<erin.fields(a)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@bccampus.ca<mailto:laesoph@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@ubc.ca<mailto:erin.fields@ubc.ca>>
To: "Caroline Daniels"
<Caroline.Daniels@kpu.ca<mailto:Caroline.Daniels@kpu.ca>>, "ikehoe"
<ikehoe@uvic.ca<mailto:ikehoe@uvic.ca>>, "laesoph"
<laesoph@bccampus.ca<mailto:laesoph@bccampus.ca>>, "bcoel"
<bcoel@kodos.bccampus.ca<mailto: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<mailto:ikehoe@uvic.ca>>; 'Lauri
Aesoph' <laesoph@bccampus.ca<mailto:laesoph@bccampus.ca>>; 'bcoel'
<bcoel@kodos.bccampus.ca<mailto: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<mailto:laesoph@bccampus.ca>>; bcoel
<bcoel@kodos.bccampus.ca<mailto: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<mailto:copyright@uvic.ca> |
http://copyright.uvic.ca<http://copyright.uvic.ca/>
press@uvic.ca<mailto:press@uvic.ca> | https://oac.uvic.ca/press
ikehoe@uvic.ca<mailto:ikehoe@uvic.ca>
[cid:image002.png@01D395F5.42F51340]<https://orcid.org/0000-0002-8255-5303>
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<mailto: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<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@bccampus.ca<mailto:laesoph@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/>
