 Good afternoon. I have to say, even if I wasn't sharing today's session, I would have come along here a Bit of a mouthful for that for the title harmonizing national copyright exceptions to build a global body of open education resources With the code of best practices in the fair use for OER, but actually if you read the abstract You know the the the authors really make a really good point. There's great potential here But how do you actually do with the devils in the detail? So you want to get the stuff you want to access all the stuff So this really really grabbed my attention. So without any forwarder adieu here. I better shut up We have Meredith Peter will and crew. I don't know who's kicking off, but I am now going to Leave everything in the capable hands of Deb back as I said I'm just the The monkeys it's the real organ groiners behind doing everything. So I'll hand over to who's I don't I should have actually asked Who's can we listen? We'll hand over. I'm going to hear this. Best of luck Great. Thank you so much for that wonderful introduction and thank you everyone for being with us today I'm will cross welcoming you on behalf of the team We're really pleased to have the opportunity to discuss efforts to build a global body of law to support open education That's more inclusive more impactful and more exciting I know that the next 15 minutes or so are going to fly by So I'm going to very quickly turn it over to my colleagues Meredith Jacob and Peter Yazi Who will quickly introduce the work and talk about some opportunities? We see to build shared practice also be adding some links in the chat Including the code itself and a way to get in touch with us if this discussion sparks your interest So now truly without further ado Meredith, would you like to introduce the code? Sure? Thank you My name is Meredith weight Jacob and I worked at American University Washington College Law and are the lucky to be a colleague of Peter and wills on this project So talking about the code of best practices and fair use What we are not going to do is try to recapitulate everything that's in the code during this session It would take up far more than the 20 minutes to do a decent job of that and it wouldn't be the best use of your time So we're going to try to give a little brief context and then move into some discussion So the code itself grew out of this realization that you cannot create high quality responsive open educational resources Relying only on openly licensed materials that in fact high quality materials and effective pedagogy Is a stool that requires three legs One is material that is in the public domain either works that are out of copyright Or works that are or parts of works information and ideas that are themselves Unprotectable by copyright you can't create OER as a closed go-to exam. You have to build on this stuff that came before The second as everyone's really familiar with are things that are explicitly put under a Creative Commons license But then the third are materials that rely on fair use or fair dealing or other specific limitations and exceptions to incorporate relevant and Necessary third-party content into OER cultural materials research materials that were created during the term that is still protected by copyright, but for which you have a Pedagogical reason to include which conveniently as we will often talk about later means that you very likely have a legal reason that you are able to include them In the fair use analysis that's laid on the code There are sort of two familiar questions The first is are you doing something new or different something transformative with the material? and there's a question hidden in there, which is What is your pedagogical purpose for using this because you can't answer the question Am I doing something that is transformative under a legal analysis unless you can say What you are doing it with it in the first instance if something was originally in newspaper article Why are you using that for teaching? Are you directly critiquing it? Are you illustrating a point? Are you teaching your students the skills of media literacy? So that's sort of zero with question is what is your pedagogical purpose? Then your first legal question is really is it a transformative purpose? Is it different than the original? And then there's a sort of follow-on question Which is are the amount you are using is the amount you are using appropriate? Is it the amount that you need to use not just the amount that is convenient to excerpt? Is it the amount that is appropriate to your teaching purpose? Even if that means you have to do a little bit more manipulation or excerpting to get that Sometimes that'll be the whole thing It's sort of meaningless to analyze often part of an image or part of a poem or part of a short story So the amount may be the whole but you need to ask yourself that question That idea of taking those two questions and sort of reducing them down to a step of practical analytical Inquiries is what the best practices do and over the last 15 to 20 years Those best practices have helped all sorts of creative communities that rely on fair use documentary filmmakers archivists librarians poets a computer archive professionals all of those people have said Our pedagogical or professional missions Require us to engage with this and we see these repeated cases And that we create these best practices to analyze those repeated cases efficiently We hope here that among other things this will promote Understanding how to use inserts to improve pedagogy to teach subjects like media literacy To improve language learning and finally to avoid practices like linking out and other sort of down sampling risk management practices that Disproportionately burden students with disabilities or other marginalized students In the code as we hope you'll click through and see we talk about four core use places critique illustration using materials as learning resources and repurposing educational content that's out of circulation We also talk about considerations for each of those principles and hard cases Um, the link here is for the best practices and supporting materials But I want to turn this over to my colleague Peter Yazi to talk about how these core teaching principles And the the tools you need to fulfill them are in fact recognized by national law in many different ways Peter Over to you Thank you Meredith and and and thank you all for for tuning in Um When we talked to we could do the next slide When we talked to lots of people in the OER community in in canada and and the us in in Preparation for this one thing we discovered is that they were very very concerned about the Reach of their materials. They were enthusiastic about this idea of incorporating more kinds of things as inserts We're lying on fair use, which is of course a u.s. Doctrine Which exists in only a handful of other jurisdictions in exactly that form But they were concerned that by doing so they might limit The ability of the things they They created to be adopted or adapted or translated across borders We think and and the document is is designed to present an argument That that is perhaps an overstated concern Because if we could have the next slide There's already a surprising amount of global harmony in copyright law generally and surprisingly Around copyright exceptions in particular. We sometimes hear that although international agreements like the burn convention or the trips agreement or the EU legislation Harmonized rights. They don't harmonize exceptions And strictly speaking that's generally true, although the the marrakesh treaty for the visually impaired would be an exception to that generalization, however it turns out that Even without specific general harmonization Of limitations and exceptions. There are some features baked in so to speak To copyright law around the world that already do much of the work that We need to see done in order for the cross border Use of OERs produced on the basis of fair use To flourish so for instance as let's go back for just a second if we may as as as Professor Zaplan and Bentley have recently demonstrated the universe or almost universally recognized quotation right in national law provides an alternative basis functionally similar if not identically equivalent to fair use In this domain for the incorporation of limited amounts of copyright and insert material in OER and In addition Now we should go on to the slide In addition, there's another source of of OER friendly exceptions globally as professor sung has demonstrated in his 2017 WIPO study educational exceptions which exist not at the international level But at the domestic level in country after country around the world are generally very hospitable to the kind of Use limited use of copyrighted material as inserts in OER that the code discusses All of this is laid out in a little bit of greater length in appendix four to the document which we'd invite you to take a look at the both text and footnotes and What we see going to the next slide in particular Is that if we focus in on individual countries for a moment We begin to see how this works. So in 2014 for example, the uk implemented new fair dealing provisions Covering both educational use and the quotation right in general and those have if read sympathetically the potential to authorize or justify All or almost all of the things that we discuss in terms of fair use in the code Likewise in canada where fair dealing as many of you know has taken a somewhat different path It's been interpreted and applied and expanded primarily in the courts We think the same result follows and in appendix three to the document. There is a rather a rather granular argument to that effect by professor keres kreg Our canadian legal guru. So we are really upbeat about the notion that even without any High-level changes in international law. There is already a possibility to take advantage of the principles of the code across borders based on Existing legal resources and I will stop there Thank you, Peter Great. So I think we've done a nice job of Sort of staying within the bounds of our time and we've left some time for questions and discussion as well Um, I've shared a few resources including that last the the jot form I've shared if this sparked something and you don't have a chance to ask your question now Or you'd like to work together in some way. That's the way to reach out to us But at this stage, what did we say too fast? What did what did we say that got you excited? What what questions can we answer or what topics would you like to discuss? I see a comment in the chat about um, how the best practices code which currently Uh, sort of reflects us and katie in law in the body and the appendix might be expanded to other jurisdictions and I think we are very specifically interested in working with people who Might be interested in developing in their own national legal systems a sort of either A shorter report about overlapping Limitations and exceptions or a larger practice of talking to practitioners and really thinking about how different Fair use or fair dealing or other exception systems might Enable this pedagogy. I think it's important too from an advocacy standpoint to say, you know, if If your law doesn't enable these core teaching and learning processes these core pedagogical goals that it is in fact a problem with the legal system And I think that, you know, problematizing A legal system that doesn't allow educational activities like this is another important part of the balance I see a great question the chat about The question is we notice that sometimes the issue is just understanding copyright in the first place and one That's a great trailer for the session on copyright literacies this afternoon that I know I'm going to be at And I hope you all will be at as well But secondly, I'll say one of the things that's really powerful about the code is Something I think Meredith said early that often A sense that good pedagogy is good fair use or fair dealing or whatever that all of these different exceptions Are designed to facilitate What an instructor would think of as good behavior? So often a way of talking about copyright across borders as well What it all boils down to is if you're doing the sort of thing a good engaged thoughtful instructor is doing That's what all the exceptions are supposed to be encouraging That's often a nice way to frame the conversation And the fact that the code centers on practices rather than on sort of nuanced legal reading I think is one of the great strengths of that model I agree. Um Peter do you want to follow up on that? Only to say that I I agree completely and that I think that the the probably the most important The single proposition if you if you had somebody who who who needed sort of Lifting up in terms of copyright knowledge. The single most proposition would be the important proposition would be the copyright although it does confer property rights does not confer absolute property rights that Property rights under copyright are conditioned everywhere by limitations and exceptions And that is it happens the limitations and exceptions that exist in most places around the world Are remarkably hospitable already To fair use and that includes Speaking to the the The comment that I saw go across the screen Countries of the global south in fact, uh, in in many respects the state of the law of the countries of the global south is more hospitable to this kind of of Of limited use of copyrighted material to enrich OER Then some of the more the laws of some of the more developed countries Where the copyright industries have had a greater influence on the shaping of Doctrine and statutory provisions Very good. Add to the question there. I'm sure you've seen it from chris morrison Is there a risk that codes might not be able to address the laws and practices in countries without flexible education exceptions It's fine for the u.s. Can then the uk but what about elsewhere? Well, if I could speak to that I I think There are I would give two answers and that is that first More countries may have flexible exceptions than they think Because of the quotation right which exists in almost every national law in some form because it's mandated by the bern convention And the second point chris, which I think is equally important is that even in countries Which have what one might refer to as non flexible? exceptions for education And again, almost every country has education specific Education limitations in its statute one can work within those provisions As well to accomplish many or all of the things that the code suggests are doable in the u.s. Under fair use And Will emergent or do you want to pick up on on the question from jar jonathan? Which is a sort of extension of that It worries me that two examples. He gave our english-speaking Common law countries It's actually the coincidence are our big bigger obstacles in other worlds in other countries around the world so I can answer that I think that's really sort of one to what peter said, which is You know, you'll see that the specific structure of fair use and fair dealing is similar those kind of countries, but that the Fundamental structure of the copyright system, which is to protect sort of the original market for work But to allow the social functioning things of education of education Of criticism and critique and parity that those things are allowed in every country's national law structure and so the ability to sort of say As we could in the u.s. In canada and as perhaps in large since we came between the u.s. Canada and the uk that the contours are really similar But those might be different and that might be some work to do to map out those differences But the alternative is to say That we accept this sort of one-way ratchet of maximalist copyright Where we do the most restrictive thing and we don't push back and that it's really important to say that these teaching goals core societal function Of discourse that has to be permitted by the copyright law and not the other way around and then it's actually really important I think given the role of u.s. And other countries in the global Of exporting this idea of sort of copyright maximalism. We also export to some degree These education purposes are completely reasonable in a system that also protects IP Okay, um in the best sort of radio show I I gonna give peter and will 30 seconds each and I mean and I mean 30 seconds Well, I would just say that that the two examples that we started with were chosen Because we worked with canada all along it because we thought the uk example might be of special interest They were by no means selected because we think english-speaking countries or even countries of the anglo-saxon copyright tradition Are the most promising? Our claims are to the extent that they have validity universal Okay, will do your and i'll say quickly and I see chris you added a comment sort of related to this There is a work of translation that needs to happen from country to country that this isn't a pickup and just sort of repeat that infinitum Um and that speaks to not just the legal but also the cultural barriers that chris your question addresses So that's why this is exciting work to do not work that's done and we can all go lie in the hammock now So thank you all for your attention. We've been really excited to speak. Lovely. Well done. Well done round applause Remember me there virtual round and applause and stuff. So, yeah Well done Om nom nom