Intellectual Property Rights (IPR)

INTELLECTUAL PROPERTY RIGHTS (IPR)

 

Copyright Basics and Open Educational Resources (OER)

The sharing of open educational resources (OERs) and their platforms have become crucial to the future development of e-learning.

Only works that are original and fixed are protected by copyright. A work is considered “original” when it is the product of the author’s own skill, judgment, and creativity, has not been copied and demonstrates more than a trivial, mechanical level of skill and judgment. A work is “fixed” when it is produced onto any media, like paper or within a digital file. The details of who owns the rights to copyright-protected materials can vary and you will need to carefully consider copyright issues before depositing any content on the Simshare site.

Copyright is a legal framework that protects creators of literary and artistic works by establishing economic and moral rights that enable creators to:

  • control the publication and reproduction of their works;
  • receive remuneration; and
  • protect the integrity of their works.

The Canadian Intellectual Property Office has created a Guide to Copyright that deals with the basics of copyright including the two broad groups of rights, economic rights and moral rights, that copyright law provides to creators.

By uploading your content to the Simshare site you will be releasing your work under a Creative Commons licence. There is a spectrum of available Creative Commons (CC) Licences, from most to least open. Information on each of the CC licences can be found here.  This includes a toolkit that offers multiple resources such as checklists and FAQs.

To apply a CC licence to your work, you can use the License Chooser on the CC website.  This form will help you choose a licence based on your preferences or grant requirements (CC-BY).  It generates the appropriate text to apply to print works, as well as the HTML code to apply to online works. All content uploaded under a CC license must state which license and version of the license has been assigned to the content.

 

In terms of copyright, what can I submit to Simshare?

By uploading content, the User of the site represents and warrants that, to the best of Recipient’s knowledge, after reasonable inquiry, they have:

1) secured all rights in the Work (including waivers of moral rights from all authors of the content and waivers of privacy rights, if applicable) necessary to permit the lawful exercise of these rights; and

(2) the content will not infringe the copyright, trademark rights, patent rights, publicity rights, privacy rights, common law rights or any other right of any third party or constitute defamation, invasion of privacy or other tortious injury to any third party.

By uploading your content, you will be releasing your work under a Creative Commons licence. There is a spectrum of available Creative Commons (CC) Licences, from most to least open. Information on each of the CC licences can be found here, https://creativecommons.org/about/cclicenses/. This includes a toolkit that offers multiple resources such as checklists and FAQs.

To apply a CC licence to your work, you can use the Licence Chooser on the CC website: https://chooser-beta.creativecommons.org/.This form will help you choose a licence based on your preferences or grant requirements (CC-BY) + it generates the appropriate text to apply to print works, as well as the HTML code to apply to online works.

You are able to submit resources for which you are the copyright holder. If your institution has created a resource, you may only submit it to the site with the written, advance permission of your institution.  You are able to submit ‘third party resources’ if you have obtained express written permission to do so in advance of submitting the materials to Simshare.

 

Who owns the copyright for the simulations submitted to Simshare?

Absent any other agreement, individuals will retain the copyright to any content they create and deposit.

 

What should I do if my simulation contains materials already under copyright by a third party?

It is the obligation of the simulation creator to establish the rightsholder of these materials and to obtain any licences, agreements, or permissions to upload them to the site.

Obtaining permission from copyright holders can be time-consuming and you may not be successful.  There are other options available to you should resources not be offered under a CC licence.  These include:

  • Finding copyright-free materials to replace the items
  • Replacing the items with a link to the original source
  • Replacing the items with text or other description that will allow the users to find a replacement, perhaps more appropriate to their own context

Remember that materials not covered under a CC licence must be clearly identified and the rationale for uploading to the site provided (i.e., licensed, permission from the rights holder, public domain, etc.)

 

How can I go about negotiating copyright clearance?

Before you submit to the Simshare site you should establish that you are the rights holder for the resources, or you have obtained permission to share them on the Simshare platform.

It is important that you are clear what you are requesting from the rightsholder before you contact them. Negotiating copyright permissions can be a lengthy process. It is essential to maintain records of any meetings, emails, and conversations with the rightsholder or their agent.  Always ensure that you have express written permission to use the material for this use in advance of uploading the content to the Simshare.net site. Remember that this information needs to be stored for long term access to satisfy any future copyright enquiries or claims of infringement. Remember that it is beneficial for the owner of the copyright-protected content to grant you permission; it is a good way for them to make new contacts and promote their institution and project.

 

What if I am unable to secure copyright clearance?

If you are not able to secure copyright permission to share resources there are other options available to you. Below is a list of sites below that offer Public Domain or Creative Commons licensed resources. Some of the licensed images will have moral rights and copyright attached but, in most cases, you will be able to contact the author to seek permission for your use.