Content Review - Meeting 1 - April 1, 2008

From openmichigan

ITEMS ON THIS PAGE ARE UNDER COPYRIGHT and CURRENTLY IN REVIEW BY OPEN MICHIGAN LEGAL AND POLICY TEAM

Contents 1 Contents 2 Example Slides 3 privacy 3.1 Slide 1 Patient Privacy 3.2 Slide 2 Patient Privacy 3.3 Slide 3 Patient Privacy 4 product endorsement 4.1 Slide 4 Product Endorsement 4.2 Slide 5 Product Endorsement 5 logos 5.1 Slide 6 Logos 6 recreating images 6.1 Slide 7 Recreating Images 7 large quotes / definitions 7.1 Slide 8 Large Quote 8 fair use items 8.1 Slide 9 Kanye West - Rolling Stone 8.2 Slide 10 Leptin - Comparison 8.3 Slide 11 Wendy's Food - Commentary 8.4 Slide 12 Ras -MAPK Pathway - unique 8.5 Slide 13Turner Syndrome - Genome 8.6 Slide 14 Cretinism 8.7 Slide 15 Cretinism 8.8 Slide 16 TSH receptor 8.9 Slide 17 RET Mutations 8.10 Slide 18 DNA Expression and H&E stain 8.11 Slide 19 Famous Names - Commentary 8.12 Slide 20 GH/IGF-1 Axis - Transformative 9 Creative Expression 9.1 Slide 21 Obesity in America Map 9.2 Slide 22 Bar Chart with color 9.3 Slide 23 Basic Graph 9.4 Slide 24 Basic Bar Chart 9.5 Slide 25 Basic Graph and Bar Graph 9.6 Slide 26 Basic Bar Graph 9.7 Slide 27 Bar Graph with color 9.8 Slide 28 Histograph 9.9 Slide 29 Basic Illustration 9.10 Slide 30 Color Graph - Cortisol 9.11 Slide 31 Chemical Representation 9.12 Slide 32 Molecular Action 9.13 Slide 33 Circadian Rhythm 9.14 Slide 34 Growth Charts 9.15 Slide 35 Growth Charts

[edit] Contents

• privacy
• product endorsement
• logos
• recreating images
• large quotes / definitions
• fair use items
  • Commentary/Criticism
  • Transformative Uses
  • Necessary Comparison
  • Common Sense Items
  • Orphan Works

[edit] Example Slides

[edit] privacy

[edit] Slide 1 Patient Privacy

Questions:

• Will a black line across the eyes and the nose be enough?
• If it has been published in a text book, are we to assume there is no privacy concern?
• If we don’t know the origin can we still publish it if we “transform it"?

[edit] Slide 2 Patient Privacy

Questions:

• What can be done to protect privacy in this case?
• The item is likely replaceable, but if no suitable replacement is found and there is enough commentary being made of the specific patient, might we be able to claim fair use?

[edit] Slide 3 Patient Privacy

Questions:

• Image of child inappropriate?

[edit] product endorsement

[edit] Slide 4 Product Endorsement

Questions:

• What is the University’s policy?
  • As staff, we can only make factual statements. What happens when faculty members show preferences toward a product?

What’s the rule here once it leaves the context of the classroom? Is this an endorsement? There is a difference between speaking factually about products as to distinguish between one and two and outright endorsement; where do we draw the line?

• Could we have something that makes the distinction without the image?
  • e.g. merely product names?

• Can off label drug references appear on the OER site?

• What to do when there is accompanying audio expressing endorsement?

Rule:

• Prefer not to name or display commercial products explicitly.

Action:

• remove image

[edit] Slide 5 Product Endorsement

Questions:

• same as above.

[edit] logos

[edit] Slide 6 Logos

Questions:

• How are trademarks different than copyrights here and how should we deal with them?
• In this context, would the “Rails” logo constitute endorsement? Can we use it or would it need to be stripped out? What about the aspect of incidental appearance? acceptable in this case?

[edit] recreating images

[edit] Slide 7 Recreating Images

Questions:

• Is the second image (recreation) a suitable replacement?
• Is this a reasonable / effective strategy for dealing with some copyrighted works?
• Can we hand draw images we see?
• Is this a sufficient claim of transformation?
• What does it depend on? Character of the work? Nature of the work? Quantity?
• What constitutes enough of a transformation?

[edit] large quotes / definitions

[edit] Slide 8 Large Quote

Question:

• Quantity question: is this an atomic unit and completely individual in itself?
• Can we use it under fair use? factual information, one definition of many in the work, used for education, little economic impact on original.

[edit] fair use items

[edit] Slide 9 Kanye West - Rolling Stone

• this is an example from Notre Dame Open CourseWare
• if users click on the image on the site, a blank box opens
• if users "download this course" the image does come along with the download
• notre damn just says that the image is copyrighted, with no other rationale provided
• strong fair use argument here
• Not showing the image with the context of the course material would harm the usefulness of the educational point
• Does cropping the image lower risk? - maybe

• metatags: image quality low, being used as an important example in the lecture, deeply substantive to the context of the lecture, looking at popular culture, using it to invoke a specific point, having no image here destroys the pedagogical aspect.
  • The Factors:
    • Making an educational use(pass), using the whole image (fail), using a creative work (fail), there is a market, but our use of it doesn't affect that market (pass).
• Downloading Items
  • it increases our risk to allow people to do this.
  • take out items from the download pack to reduce the risk.
  • There are ways to distinguish these items.

[edit] Slide 10 Leptin - Comparison

• Necessary Comparison being made.

[edit] Slide 11 Wendy's Food - Commentary

[edit] Slide 12 Ras -MAPK Pathway - unique

Question:

• If we take it away does it destroy the learning experience?
• How is this different than the image on cover of the Rolling Stone? Aren't they both as essential to the learning experience?

[edit] Slide 13Turner Syndrome - Genome

Question:

• Is there enough creative expression here? How is it different than an xray photograph?

[edit] Slide 14 Cretinism

Question:

• Same

[edit] Slide 15 Cretinism

Question:

• Same

[edit] Slide 16 TSH receptor

Question:

• Same

[edit] Slide 17 RET Mutations

Question:

• Same

[edit] Slide 18 DNA Expression and H&E stain

Question:

• Same

[edit] Slide 19 Famous Names - Commentary

Question:

• Same

[edit] Slide 20 GH/IGF-1 Axis - Transformative

Question:

• Is this transformative?

[edit] Creative Expression

Question:

• What are the standards regarding creative expression?
• Are there disciplinary standards around creative expression within different disciplines or subjects?
• What guidelines can we develop around identifying and making decisions around simple line graphs, maps, charts, equations, chemical representations, gene representations, etc.?

[edit] Slide 21 Obesity in America Map

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 22 Bar Chart with color

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 23 Basic Graph

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 24 Basic Bar Chart

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 25 Basic Graph and Bar Graph

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 26 Basic Bar Graph

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 27 Bar Graph with color

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 28 Histograph

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 29 Basic Illustration

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 30 Color Graph - Cortisol

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 31 Chemical Representation

Question:

• Is there enough creative expression to merit copyright?

[edit] Slide 32 Molecular Action

Question:

• Is there enough creative expression?

[edit] Slide 33 Circadian Rhythm

Question:

• Is there enough creative expression?

[edit] Slide 34 Growth Charts

Question:

• Is there enough creative expression?

[edit] Slide 35 Growth Charts

Question:

• Is there enough creative expression?