Embedded content in videos

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Sam Lee Pan

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Jul 19, 2012, 10:57:09 AM7/19/12
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Hi dScribers,

We would like to put more video recordings up as OER, and we have a number of cases when lecturers have been filmed presenting, usually using slides as visual aids. The powerpoint slides have not been dScribe'd so there may be some images within them that may be problematic.  However, I was watching a TED talk the other day, and I noticed that their recordings with presentation using images from other parties, an the videos are distributed under Creative Commons. 
Is there guideline about this, or is it evaluated on a case-by-case basis?

Thanks in advance for any feedback.

Best regards,
Sam
University of Cape Town - Health OER team

Kathleen Ludewig Omollo

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Jul 19, 2012, 6:42:56 PM7/19/12
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Hi Sam,

Last year several Open.Michigan team members collaborated with our
copyright attorneys to put together some guidelines for sharing
recordings: http://open.umich.edu/share/share/guidelines-sharing-recordings.
You'll see under "The Use of Others’ Content in Your Recording"
section there's some mention of copyright and "fair use" (which is
the U.S. term for the concept "fair practice" or "fair dealing"). If
the video is taken from the back of the room, the focus is on the
presenter rather than slides, the case for fair use is stronger. At
U-M, where we've had voice-over PowerPoint (so the slides are the
whole screen), we've replaced the all-rights-reserved content with
openly licensed ones and re-synched the slides.

I hope that's useful.

Does OpenUCT have a policy about fair dealing and openly licensed content?

Let us know what you decide.

-Kathleen

Kathleen Ludewig Omollo

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Jul 28, 2012, 2:07:28 PM7/28/12
to Health OER Project Administrator University of Cape Town, oer-d...@googlegroups.com
Thanks, Sam, for sharing the explanation from UCT's legal adviser.

We have a few people on this list from countries other than U.S. or
South Africa. Are any of you familiar with the legal guidelines for
fair practice/fair use/fair dealing (i.e. use of all-rights-reserved
material without permission from the copyright owner) in your country?

It's very helpful to know those legal differences for authors in
different countries. That's one reason why we attribute the few images
we choose to keep in OER under Fair Use with a special tag:
http://open.umich.edu/wiki/CitationPolicy

-Kathleen

On Fri, Jul 27, 2012 at 2:22 PM, Health OER Project Administrator
University of Cape Town <health...@gmail.com> wrote:
>
> Thanks, Kathleen. I've also checked with the legal advisor of the OpenUCT Initiative, and it seems that South Africa's fair dealing legislation is a bit more stringent than the fair use doctrine. She said,
>
> "The fair use doctrine in the US is different to our fair dealing concept here in SA and using materials in videos that are not given permission for cannot be used unless they using the materials for purposes of criticism or review of that work or of another work. If you can argue that the material usage is for those purposes then fine but it will then depend on how much of the material is used and other factors.
>
> Last year a lecturer giving a seminar here which was recorded and put up on Youtube was asked to remove the video because it contained one picture of a bird - an image that was copyrighted. So its a calculated risk and it would depend on your assessment as to whether you can justify it under the reason I listed above."
>
> So it seems we would probably have to go through the full dScribe process for any previous recordings that we wish to publish.
>
> Thanks for your input.
>
> Best regards,
>
> Sam
>
>
> --
> Health Open Education Resources (OER) project administrator
> Education Development Unit (EDU), Health Sciences, UCT
> email: heal...@uct.ac.za | tel: 021 406 6827, 084 477 6089
>
> More information on: Open Education Resources | Creative Commons licensing
> Finding OER content: OER Africa | UCT Open Content | http://tinyurl.com/healthoer

Health OER Project Administrator University of Cape Town

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Jul 27, 2012, 10:22:27 AM7/27/12
to klud...@umich.edu, oer-d...@googlegroups.com
Thanks, Kathleen.  I've also checked with the legal advisor of the OpenUCT Initiative, and it seems that South Africa's fair dealing legislation is a bit more stringent than the fair use doctrine.   She said,

"The fair use doctrine in the US is different to our fair dealing concept here in SA and using materials in videos that are not given permission for cannot be used unless they using the materials for  purposes of criticism or review of that work or of another work. If you can argue that the material usage is for those purposes then fine but it will then depend on how much of the material is used and other factors. 

Last year a lecturer giving a seminar here which was recorded and put up on Youtube was asked to remove the video because it contained one picture of a bird  - an image that was copyrighted. So its a calculated risk and it would depend on your assessment as to whether you can justify it under the reason I listed above."

So it seems we would probably have to go through the full dScribe process for any previous recordings that we wish to publish.

Thanks for your input.

Best regards,

Sam


-- 
Health Open Education Resources (OER) project administrator
Education Development Unit (EDU), Health Sciences, UCT
email:
 heal...@uct.ac.za | tel: 021 406 6827, 084 477 6089

More information on: 
Open Education Resources | Creative Commons licensing
Finding OER content: OER Africa | UCT Open Content | http://tinyurl.com/healthoer

On Fri, Jul 20, 2012 at 12:42 AM, Kathleen Ludewig Omollo <klud...@umich.edu> wrote:
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