Update on request to NZQA on release of NCEA exam questions under a CC-BY license
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Wayne Mackintosh
Nov 23, 2010, 2:55:59 AM11/23/10
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Hi everyone,
I've received initial feedback from NZQA who have posed a number of questions regarding our request for a CC-BY license of past examination questions. I'm impressed with NZQAs prompt response and key questions which should be asked with any copyright clearance request.
I am not able to distribute a copy or disclose the content of the email as per the disclaimer footer in the email. However, I provide extracts from my reply which is openly licensed under a CC-BY license. Please note that any inferences you may make from my responses should not in anyway be read as a official position of NZQA or the questions asked.
I provide my feedback in good faith so we can all learn and benefit from our collective Kiwi journey on open content licensing.
Introduction to my reply
Appreciate your prompt response and key questions pertaining to our request for copyright permission for NCEA examination documents.
IP in education is a complex area and it's not easy to navigate in a digital world. Please note that the OER Foundation has extensive international experience regarding intellectual property issues within the open content arena and we would be more than happy to schedule a skype or normal teleconference to discuss open content licensing models and how the interests of the copyright holder can be protected in a digital world. It's our core business as an education charity and our feedback and advice is free :-).
Response 1
We intend to use past NCEA examination questions for New Zealand students and teachers to collaborate on the development of model answers which will be shared freely as learning materials for the benefit of all New Zealanders, in collaboration with the Ministry of Education's reusable and portable content initiative.
We need copyright clearance under a Creative Commons Attribution license so that derivative works (i.e the questions plus the model answers to be developed) can be legally distributed under a free cultural works approved Creative Commons License. In short, this means that all our outputs will be released under a CC-BY or CC-BY-SA license freely for the benefit of all Kiwis.
These resources will be used in multiple scenarios and contexts including WIkiEducator, printed handouts for learners, importing into the learning management systems hosted by local New Zealand schools etc. This constitutes a format shift and therefore we need to clear permissions with the copyright holder (NZQA) in order to do this legally under the New Zealand Copyright Act.
Under a CC-BY license -- NZQA would retain its copyright and moral rights and there is a legal requirement to attribute the original source in accordance with the attribution requirements NZQA may specify -- including links to your website where the original materials are hosted.
I provide a link to the full detail of the legal code which has been ported for the New Zealand Copyright Act with reference to the exact permissions we are requesting: http://creativecommons.org/licenses/by/3.0/nz/legalcode. This should cover any of the legal questions you may have.
Response 2
The resources will be freely accessible by anyone with an Internet connection. In each case, NZQA must legally be attributed as the copyright holder as explained above. Our target audience are New Zealand teachers and students -- but as an open resource this will be accessible to all nations.
... the resources will be used in formats determined by the teachers and learners.
Response 3
Hopefully all past exams. If this is not possible, as many previous years as possible.
Excellent progress so far!
Cheers
Wayne
--
Wayne Mackintosh, Ph.D.
Director OER Foundation
Director, International Centre for Open Education,
Otago Polytechnic, New Zealand.
Founder and elected Community Council Member, Wikieducator
Mobile +64 21 2436 380
Skype: WGMNZ1
Twitter | identi.ca
I've received initial feedback from NZQA who have posed a number of questions regarding our request for a CC-BY license of past examination questions. I'm impressed with NZQAs prompt response and key questions which should be asked with any copyright clearance request.
I am not able to distribute a copy or disclose the content of the email as per the disclaimer footer in the email. However, I provide extracts from my reply which is openly licensed under a CC-BY license. Please note that any inferences you may make from my responses should not in anyway be read as a official position of NZQA or the questions asked.
I provide my feedback in good faith so we can all learn and benefit from our collective Kiwi journey on open content licensing.
Introduction to my reply
Appreciate your prompt response and key questions pertaining to our request for copyright permission for NCEA examination documents.
IP in education is a complex area and it's not easy to navigate in a digital world. Please note that the OER Foundation has extensive international experience regarding intellectual property issues within the open content arena and we would be more than happy to schedule a skype or normal teleconference to discuss open content licensing models and how the interests of the copyright holder can be protected in a digital world. It's our core business as an education charity and our feedback and advice is free :-).
Response 1
We intend to use past NCEA examination questions for New Zealand students and teachers to collaborate on the development of model answers which will be shared freely as learning materials for the benefit of all New Zealanders, in collaboration with the Ministry of Education's reusable and portable content initiative.
We need copyright clearance under a Creative Commons Attribution license so that derivative works (i.e the questions plus the model answers to be developed) can be legally distributed under a free cultural works approved Creative Commons License. In short, this means that all our outputs will be released under a CC-BY or CC-BY-SA license freely for the benefit of all Kiwis.
These resources will be used in multiple scenarios and contexts including WIkiEducator, printed handouts for learners, importing into the learning management systems hosted by local New Zealand schools etc. This constitutes a format shift and therefore we need to clear permissions with the copyright holder (NZQA) in order to do this legally under the New Zealand Copyright Act.
Under a CC-BY license -- NZQA would retain its copyright and moral rights and there is a legal requirement to attribute the original source in accordance with the attribution requirements NZQA may specify -- including links to your website where the original materials are hosted.
I provide a link to the full detail of the legal code which has been ported for the New Zealand Copyright Act with reference to the exact permissions we are requesting: http://creativecommons.org/licenses/by/3.0/nz/legalcode. This should cover any of the legal questions you may have.
Response 2
The resources will be freely accessible by anyone with an Internet connection. In each case, NZQA must legally be attributed as the copyright holder as explained above. Our target audience are New Zealand teachers and students -- but as an open resource this will be accessible to all nations.
... the resources will be used in formats determined by the teachers and learners.
Response 3
Hopefully all past exams. If this is not possible, as many previous years as possible.
Excellent progress so far!
Cheers
Wayne
--
Wayne Mackintosh, Ph.D.
Director OER Foundation
Director, International Centre for Open Education,
Otago Polytechnic, New Zealand.
Founder and elected Community Council Member, Wikieducator
Mobile +64 21 2436 380
Skype: WGMNZ1
Twitter | identi.ca
Kubke
Nov 23, 2010, 4:21:54 AM11/23/10
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That is great Wayne, hat tip to you!
Fabiana
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