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	<title>Comments on: on closed content as copyright violation obfuscation</title>
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	<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/</link>
	<description>apparently much happier in person</description>
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		<title>By: dnorman</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-180098</link>
		<dc:creator>dnorman</dc:creator>
		<pubDate>Tue, 11 Mar 2008 19:12:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-180098</guid>
		<description>@corrie: that&#039;s where fair use comes into play. If they&#039;re not including the entire movie, this is where a legal advisor would be able to help determine if they really would be violating copyright. If &quot;Strategic Air Command&quot; isn&#039;t available for use, they could look for alternatives. I&#039;m not sure if it would meet their needs, but there&#039;s a 1956 film called &quot;&lt;a href=&quot;http://www.archive.org/details/OnGuard1956&quot;&gt;On Guard&lt;/a&gt;&quot; that might serve some of the same purposes - and it&#039;s freely available via the &lt;a href=&quot;http://www.archive.org/details/prelinger&quot;&gt;Prelinger Archives&lt;/a&gt; and hosted at archive.org</description>
		<content:encoded><![CDATA[<p>@corrie: that&#8217;s where fair use comes into play. If they&#8217;re not including the entire movie, this is where a legal advisor would be able to help determine if they really would be violating copyright. If &#8220;Strategic Air Command&#8221; isn&#8217;t available for use, they could look for alternatives. I&#8217;m not sure if it would meet their needs, but there&#8217;s a 1956 film called &#8220;<a href="http://www.archive.org/details/OnGuard1956">On Guard</a>&#8221; that might serve some of the same purposes &#8211; and it&#8217;s freely available via the <a href="http://www.archive.org/details/prelinger">Prelinger Archives</a> and hosted at archive.org</p>
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		<title>By: Corrie Bergeron</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-180096</link>
		<dc:creator>Corrie Bergeron</dc:creator>
		<pubDate>Tue, 11 Mar 2008 18:12:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-180096</guid>
		<description>Sometimes you can&#039;t get around using copyrighted material.

Working with a history prof last year, we built a terrific blended course on the history of American technology from the Colonial era to the present.  An important part of the course content was video / film, and some of that simply isn&#039;t available CC.  Case in point, the scene in &quot;Strategic Air Command&quot; where Henry Morgan gives Jimmy Stewart a tour of the B-36 bomber (in 1955, the main intercontinental bomber).  In the space of a few minutes, it provides a snapshot of the height of military technology *and* sets it in the context of the MAD doctrine and the Cold War in general - and it&#039;s a historical document in and of itself.  IOW, it&#039;s absolutely perfect.  
 
The flip side of the issue is faculty who don&#039;t want to share what they&#039;ve created.  I spoke with an instructor recently who has some one-of-a kind microscope images that were very difficult to obtain.  Expensive, fiddly equipment and shy micro-organisms.  He doesn&#039;t want to put them on the web because other people might use them.</description>
		<content:encoded><![CDATA[<p>Sometimes you can&#8217;t get around using copyrighted material.</p>
<p>Working with a history prof last year, we built a terrific blended course on the history of American technology from the Colonial era to the present.  An important part of the course content was video / film, and some of that simply isn&#8217;t available CC.  Case in point, the scene in &#8220;Strategic Air Command&#8221; where Henry Morgan gives Jimmy Stewart a tour of the B-36 bomber (in 1955, the main intercontinental bomber).  In the space of a few minutes, it provides a snapshot of the height of military technology *and* sets it in the context of the MAD doctrine and the Cold War in general &#8211; and it&#8217;s a historical document in and of itself.  IOW, it&#8217;s absolutely perfect.  </p>
<p>The flip side of the issue is faculty who don&#8217;t want to share what they&#8217;ve created.  I spoke with an instructor recently who has some one-of-a kind microscope images that were very difficult to obtain.  Expensive, fiddly equipment and shy micro-organisms.  He doesn&#8217;t want to put them on the web because other people might use them.</p>
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		<title>By: leighblackall</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-178521</link>
		<dc:creator>leighblackall</dc:creator>
		<pubDate>Thu, 14 Feb 2008 11:17:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-178521</guid>
		<description>great post D&#039;Arcy. What we need is the likes of Wikieducator.org to negotiate a solid Fair Use or Fair Dealings status based on their educational objectives. Wikieducator can host almost all types of media now, so a position like this could pull down this barrier.</description>
		<content:encoded><![CDATA[<p>great post D&#8217;Arcy. What we need is the likes of Wikieducator.org to negotiate a solid Fair Use or Fair Dealings status based on their educational objectives. Wikieducator can host almost all types of media now, so a position like this could pull down this barrier.</p>
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		<title>By: Anarchitect</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176482</link>
		<dc:creator>Anarchitect</dc:creator>
		<pubDate>Fri, 08 Feb 2008 22:10:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176482</guid>
		<description>&lt;strong&gt;Copyright violations causing closed content...&lt;/strong&gt;

	D&#8217;Arcy Norman makes an interesting observation how institutions take on exceptional efforts to keep content such as class slides and video recordings shut away from the public because the slides would violate some copyrights and not necessarily ...</description>
		<content:encoded><![CDATA[<p><strong>Copyright violations causing closed content&#8230;</strong></p>
<p>	D&#8217;Arcy Norman makes an interesting observation how institutions take on exceptional efforts to keep content such as class slides and video recordings shut away from the public because the slides would violate some copyrights and not necessarily &#8230;</p>
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		<title>By: Universities of the future: R.I.P learning objects and the rise of 2.0 shared attribution</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176345</link>
		<dc:creator>Universities of the future: R.I.P learning objects and the rise of 2.0 shared attribution</dc:creator>
		<pubDate>Fri, 08 Feb 2008 13:52:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176345</guid>
		<description>[...] Ruiz on Feb 08 2008 &#124; Categorised as: Open Knowledge, UPV life, Wishlist   I&#8217;ve just read this post on the problem of closed content, teaching materials and universities by D&#8217;Arcy [...]</description>
		<content:encoded><![CDATA[<p>[...] Ruiz on Feb 08 2008 | Categorised as: Open Knowledge, UPV life, Wishlist   I&#8217;ve just read this post on the problem of closed content, teaching materials and universities by D&#8217;Arcy [...]</p>
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		<title>By: Mathieu Plourde</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176336</link>
		<dc:creator>Mathieu Plourde</dc:creator>
		<pubDate>Fri, 08 Feb 2008 13:29:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176336</guid>
		<description>@ Keri: Thanks for the leads, i&#039;ll try to gather some of these techniques in a single web page or in a blog post at some point in the near future. I&#039;ll post the link here.</description>
		<content:encoded><![CDATA[<p>@ Keri: Thanks for the leads, i&#8217;ll try to gather some of these techniques in a single web page or in a blog post at some point in the near future. I&#8217;ll post the link here.</p>
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		<title>By: OpenFiction [ Blog ] &#187; The cost of copyright</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176334</link>
		<dc:creator>OpenFiction [ Blog ] &#187; The cost of copyright</dc:creator>
		<pubDate>Fri, 08 Feb 2008 13:22:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176334</guid>
		<description>[...] D&#8217;Arcy Norman&#8217;s recent post illustrates the (not so) hidden costs of copyrighted materials. They are easier to find, but because of DMCA/TEACH and similar laws, ultimately more expensive to deploy. The comments on this post are a great read as well. I&#8217;ve felt for a long time that one of the additional costs of a reliance on copyrighted materials is that much of the development energy for LMSs goes into copyright management rather than tools that actually support learning. [...]</description>
		<content:encoded><![CDATA[<p>[...] D&#8217;Arcy Norman&#8217;s recent post illustrates the (not so) hidden costs of copyrighted materials. They are easier to find, but because of DMCA/TEACH and similar laws, ultimately more expensive to deploy. The comments on this post are a great read as well. I&#8217;ve felt for a long time that one of the additional costs of a reliance on copyrighted materials is that much of the development energy for LMSs goes into copyright management rather than tools that actually support learning. [...]</p>
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		<title>By: Martin</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176278</link>
		<dc:creator>Martin</dc:creator>
		<pubDate>Fri, 08 Feb 2008 09:02:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176278</guid>
		<description>How much? Effing loads! At the OU I&#039;m part of a review of our broadcast strategy and we want to make thousands of hours of archive material available. But it is hugely expensive and time consuming to do. If there&#039;s a bit of music playing - that&#039;s got to be cleared, if there is an interview with someone and they weren&#039;t cleared for internet use you&#039;ve got to go back to them, if it was produced in collaboration with someone else (e.g. BBC) we need to get agreement, etc. So you are effectively clearing it minute by minute. There is some movement with some archives in getting blanket clearance, but it&#039;s not easy and one soon loses the will to live. As you highlight it shows how ludicrous these rights were in the first place - all of this content could be out there &#039;doing good&#039;, instead it&#039;s locked away. And 90% of the people involved don&#039;t care, but the process still has to be gone through, and thus it becomes prohibitively expensive. It makes the importance of pushing CC and open content now more significant - it&#039;s not just about now, but the legacy we create.
Martin</description>
		<content:encoded><![CDATA[<p>How much? Effing loads! At the OU I&#8217;m part of a review of our broadcast strategy and we want to make thousands of hours of archive material available. But it is hugely expensive and time consuming to do. If there&#8217;s a bit of music playing &#8211; that&#8217;s got to be cleared, if there is an interview with someone and they weren&#8217;t cleared for internet use you&#8217;ve got to go back to them, if it was produced in collaboration with someone else (e.g. BBC) we need to get agreement, etc. So you are effectively clearing it minute by minute. There is some movement with some archives in getting blanket clearance, but it&#8217;s not easy and one soon loses the will to live. As you highlight it shows how ludicrous these rights were in the first place &#8211; all of this content could be out there &#8216;doing good&#8217;, instead it&#8217;s locked away. And 90% of the people involved don&#8217;t care, but the process still has to be gone through, and thus it becomes prohibitively expensive. It makes the importance of pushing CC and open content now more significant &#8211; it&#8217;s not just about now, but the legacy we create.<br />
Martin</p>
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		<title>By: Keri Morgret</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176192</link>
		<dc:creator>Keri Morgret</dc:creator>
		<pubDate>Fri, 08 Feb 2008 04:01:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176192</guid>
		<description>@Mathieu: Flickr has an option to limit images to those with Creative Commons licenses. Google and Yahoo can search Creative Commons websites, but not images. Internet Archive is a source of open material of many sorts. OER Commons (the site in my profile) includes material that is CC licensed, and you can search by license.

An interesting post came across a month ago regarding just how many types of searches in Google do not have an option to restrict by license. http://blogoscoped.com/archive/2007-01-04-n81.html</description>
		<content:encoded><![CDATA[<p>@Mathieu: Flickr has an option to limit images to those with Creative Commons licenses. Google and Yahoo can search Creative Commons websites, but not images. Internet Archive is a source of open material of many sorts. OER Commons (the site in my profile) includes material that is CC licensed, and you can search by license.</p>
<p>An interesting post came across a month ago regarding just how many types of searches in Google do not have an option to restrict by license. <a href="http://blogoscoped.com/archive/2007-01-04-n81.html" rel="nofollow">http://blogoscoped.com/archive/2007-01-04-n81.html</a></p>
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		<title>By: Nathan Rein</title>
		<link>http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176187</link>
		<dc:creator>Nathan Rein</dc:creator>
		<pubDate>Fri, 08 Feb 2008 03:41:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.darcynorman.net/2008/02/07/on-closed-content-as-copyright-violation-obfuscation/#comment-176187</guid>
		<description>I agree with the sentiment behind this post, but I have to plead from the perspective of the professor. If I am putting together a presentation on, say, medieval church architecture and want to use a few images, I have several choices. I can do a Google image search and grab some (probably good results, almost zero effort). I can go to my favorite monograph or textbook and scan a few familiar ones (predictable, good results, more effort). Or I can try to find CC-licensed images that convey the message I want (unpredictable results, extremely laborious). And this coming from someone who&#039;s relatively web-savvy, and who actually has an inkling of what Creative Commons is (I teach at an institution of 1600 students, and I would be willing to bet that there are five or fewer professors here who have heard of CC). 

The idea that, in order to make things sharable down the line, professors ought to invest time and energy into taking the third course of action seems unrealistic to me in light of the real-world constraints and rewards that govern most faculty members&#039; daily lives and work. You get no points in the tenure process (at least not at any institution I know of) for putting those in extra hours required just so someone else can freely take advantage of your work. The &quot;spark&quot; that Alan Levine speaks of above may not be enough to motivate someone to sacrifice the time and energy to do something else that&#039;ll actually count towards tenure. 

I realize you&#039;re not suggesting putting all the onus on the individual professor, but on the other hand, at most schools, realistically, that&#039;s who&#039;s going to end up doing the legwork here, I suspect. Of course, I&#039;m in the U.S. and may have a slightly different perspective from many others. 

Anyhow, I wish it weren&#039;t so, and I don&#039;t mean to sound like a nay-sayer. I guess my point is that in the contexts I&#039;m most familiar with, this would require a large-scale cultural change before it would really be practicable.</description>
		<content:encoded><![CDATA[<p>I agree with the sentiment behind this post, but I have to plead from the perspective of the professor. If I am putting together a presentation on, say, medieval church architecture and want to use a few images, I have several choices. I can do a Google image search and grab some (probably good results, almost zero effort). I can go to my favorite monograph or textbook and scan a few familiar ones (predictable, good results, more effort). Or I can try to find CC-licensed images that convey the message I want (unpredictable results, extremely laborious). And this coming from someone who&#8217;s relatively web-savvy, and who actually has an inkling of what Creative Commons is (I teach at an institution of 1600 students, and I would be willing to bet that there are five or fewer professors here who have heard of CC). </p>
<p>The idea that, in order to make things sharable down the line, professors ought to invest time and energy into taking the third course of action seems unrealistic to me in light of the real-world constraints and rewards that govern most faculty members&#8217; daily lives and work. You get no points in the tenure process (at least not at any institution I know of) for putting those in extra hours required just so someone else can freely take advantage of your work. The &#8220;spark&#8221; that Alan Levine speaks of above may not be enough to motivate someone to sacrifice the time and energy to do something else that&#8217;ll actually count towards tenure. </p>
<p>I realize you&#8217;re not suggesting putting all the onus on the individual professor, but on the other hand, at most schools, realistically, that&#8217;s who&#8217;s going to end up doing the legwork here, I suspect. Of course, I&#8217;m in the U.S. and may have a slightly different perspective from many others. </p>
<p>Anyhow, I wish it weren&#8217;t so, and I don&#8217;t mean to sound like a nay-sayer. I guess my point is that in the contexts I&#8217;m most familiar with, this would require a large-scale cultural change before it would really be practicable.</p>
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