 All right. One more time. Welcome everyone. This is Una Daley from the Community College Consortium for OER. And we are so pleased to have you at our May webinar on open education, resilience in crisis and beyond. And we have some amazing practitioners and experts in open education and also in legal rights who are here to share with you today on their strategies and the work they've been doing at their campuses. So this is our agenda for today. And before we jump in, I want to introduce our speakers. And so our first speaker up will be Tonja Connerly, who is distinguished sociology faculty at San Jacinto Community College. And she's also the co-chair of the Houston Area OER Consortium. And our next speaker will be Suzanne Joaquin, who is biology faculty and also the coordinator of open educational resources, student learning outcomes, distance and distance learning at Butte Community College. She's also active at the statewide level in OER in California. And I think our next speaker is Michael Mills. Michael is the vice president of e-learning innovation and teaching excellence at Montgomery College in Maryland. And I believe Mike will be taking the webinar from his car. Mike's had a power outage at his home. And I know many of us are having interesting situations working from home. And our next two speakers are Quill West, who is the OER project manager at Pierce College in Washington State and also does instructional design work there. And Meredith Jacob, who is the Creative Commons project director of the American University Washington School of Law. So a very amazing panel today for you. And I want to thank everyone who's been introducing themselves in the chat window. We have just from all over the country. I think we even have some folks from Canada. So welcome to Lee up in Canada from Rebus. I wanted to tell you about the format for today is each of our speakers has a topic that they're focusing on around OER resilience. And that'll be the first half of our webinar. And then in the second half we'll go into really panel mode where we will invite you to ask questions of our panelists. And you'll be doing that from the chat window. And we have a lot of attendees today. We've already hit 100. So we'll have to just use the chat window. And I thank you for that. All right, just a very brief overview before we get started about CCC OER. We've been working on OER at community colleges for over a decade now. And our core work is helping faculty to find high quality. OER and to select that for their classes in order to improve student success. And our new effort in the last few years has been fostering regional OER leadership and collaboration. And I know a number of you are participating in that effort with us. Here is our current set of members and we were very excited to introduce two new members in the last month or so. We have Southeast Arkansas Community College that joined us. And that is our first college in Arkansas. And also Geneseo State College, I think I'm sorry, State University of it as part of the State University of New York system also joined us as a member. So welcome to them. I just wanted to mention our extraordinary story site that we've been running for about six weeks now and we're welcoming any stories from your colleges and universities of extraordinary responses to the COVID-19 pandemic. We have many here from faculty instructional designers who are doing really amazing work with their students. We also have some students who are participating in this as well. So we'd love to have your story too. And you can go directly to this website, spot.ca extraordinary and share your own story. Thank you for that. And now to our topic for today. And I just want to say a few things about it before we get right to our experts. So something happened about two months ago, a little less than two months ago at most of our colleges, universities and schools. We had to close our physical campuses and pivot to remote instruction with many faculty who had no previous experience teaching online. This was something that almost no one had predicted and most institutions hadn't planned for. Students lives are being disrupted by this adjustment, housing and job losses for students, housing and job losses. And we have a number of additional family responsibilities and healthcare issues have arisen. And commercial publishers are now offering faculty and students these one-time free instructional materials during the crisis. So something for us to consider as well as part of this mix. And colleges are facing really big issues about their future. Trying to maintain student enrollment and persistence in the future. So what is it going to look like next fall? Will we be able to reopen our physical campuses? There's obviously some institutional shortfalls around budget. Will there be furloughs? So a lot of different questions are arising. And so our panelists today are going to focus on how we are prudent, fair use and open educational practices can support teaching and learning right now during this disruption and provide resilience for future disruptions. While continuing to help contain costs, address student needs and inspire innovation for the future. And one thing I wanted to mention was that in this time of disruption, we find that our marginalized students, these would be our underrepresented students. And also our students with disabilities are disproportionately impacted during this time. So it's something that we need to be very aware of in terms of looking at student engagement, retention and persistence. And now on to our experts. And first up is, I'm very pleased to have Tanja Connerly, once again professor of sociology at San Jacinto Community College. Tanja. Thank you, Una. Good afternoon. My name is Tanja Connerly. And in October, 2018, I had a privilege of writing an article for C.C.C. OER pertaining to equity. And it was pertaining to equity and the situation concerning hurricane Harvey. Classes were stopped immediately due to hurricane Harvey because we were entrenched and inundated with rain for four days continuously. Our schools were closed down for two weeks. But through the use of open educational resources, we had basically started class immediately without any lag time at all. We find ourselves in the same situation. Currently, not only has use been affected by the coronavirus, but globally, our entire country has. But within a crisis, we're given the opportunity to promote OER. And through this promotion, we're providing equity for, we continue to provide equity for our students. Again, as Una mentioned earlier, basically a lot of us had to utilize open education resources within 168 hours. Basically a week we had a massive turnaround. But again, with the use of open educational resources, we were able to have what we called an instant gratification. And sociology, we call this form of instant gratification McDonaldization. This key term was created by George Witzler, I apologize. And he utilized this term basically to describe the type of society that we're living in right now. You know, at McDonald's, we wait in line for a burger for like about five minutes. So this is pretty much where this terminology came from is that in our society, we just want things instantly. And this parallels closely, our parallels I should say immediately to open educational resources, because again, with this use, our students and our faculty have no lag time and we're able to basically have a textbook continue on with our education. I feel that there are four things that's going to contribute to us to continue with the use of open educational resources. And these four key components that I feel that will require for us to continue on with our equitable education is going to be the use of OER itself as continuing to promote it. And this, we had a great example in reference to promotion of open educational resources last week with CreatorFest that was sponsored by OpenStacks. During this presentation last week, the director of open educational resources, Daniel Williamson, gave us some very valuable information in reference to equity and how OpenStacks has continued on utilizing this. He discussed how OpenStacks will be translating some of their textbooks into Spanish. He also talked about how textbooks will be downloaded into Google Docs. I'm very excited about this as a faculty member, because I partner a lot with my psychology colleagues. And now I'm really able to quickly tailor my book and transpose some of the psychology information into my sociology textbook. I think another key component that we're going to have to utilize in order to help us with this equitable education is going to be faculty training or I should say professional development. As Eleanor mentioned earlier, again, faculty having to transpose going from face to face online was really traumatic for a lot of people. I have lots of colleagues right now that is really contemplating on retiring because as much as they love teaching, they always wanted to teach face to face. They had no desire to teach online. We're very concerned about our students, but I'm also concerned about our students as well as our faculty members during this transition as well. This form of teaching pedagogy is going to be challenging for a lot of them. So I think for us to continue on promoting our open educational resources, we're going to have to continue to partner to develop new pedagogy techniques for our faculty members who are new to teaching open educational resources. But I think that we need to most definitely keep in mind who our audience is and we need to keep it as simple as possible. I've had the privilege of teaching online and every modal, blackboard, canvas, Moodle. So it was it was difficult for me in reference to going completely online. But again, my concern is that we continue to keep in mind our faculty members that have never taught online before. And they are excellent professors and we too want to save them as well as we want to for our students. So to continue to promote this, our equitable education. Una also mentioned about our students who are disabled. I had the opportunity to speak to our, one of our disability directors pertaining to what exactly did San Jacinto College do in order to assist our students who need additional assistance. And she said that she contacted, she and her team contacted each one of our students who've ever completed a disability form for this semester to make sure that we meet them where their needs are. Again, promoting equitable education. Meeting them with their needs can consist of making sure that they have the right technology on their computer, making sure in reference to the closed captioning, making sure that the testing is adequate enough for them. Partnering with the professors to make sure again that they are provide this information for their students who need this type of attention. And I think one of the last things in reference to professional development that we can do to continue on with equitable education is to partner with our librarians more. I think that they are such a hidden gem. And that we do not utilize them enough for our resources in reference to open educational resources. I am working with our librarians of San Jacinto College and hopefully we're going to start a program when the fall comes that they're going to literally adopt the faculty member or even adopt their discipline in reference to researching to assist them with incorporating open educational resources into their course discipline. The other factor that I feel that was going to be beneficial and that we need it is the hardware. Again, we may write the information concerning open educational resources, but we cannot do that without housing having a place to house it. We cannot do that. We cannot do that with the computers and the tablets and even mobile phones are utilized. During this time, again, I think the corona situation has really brought our eyes open again in reference to the haves and the have nots. We cannot promote the use of open educational resources without connecting or having some form of communication. Going forward, I think that when we do our grants, we're promoting the equitable education, we're going to have to incorporate some form of technology, whether it is a refurbished computer or tablet or even a phone. If we're going to speak about open educational resources as being equitable education, we can't have one without the other. The last component that I would like to bring about is the internet. Again, during this time period, the have and have nots have been brought into our eyes most closely. Last week, again, Daniel Williamson brought this up in reference to equity utilizing open stacks, that how some rural areas are using internet in a box. We're going to literally have to start partnering and thinking about this much more. In closing, I just want us to recap again about equity education and the four components in reference to hardware, continuing on with OER, professional development as well as the technology part. I just wanted to update you in reference to what we are currently doing at San Jacinto College during this time period. We have provided so much support during this pandemic. Financially, we are assisting our students from our San Jacinto College fund. We had a virtual gala where we can donate money. Emotionally, we are providing license counselors that we have, but one thing that everyone is involved in is what we call San Jaccares. We have administrators, we have faculty, we have staff, literally contacting our students to make sure that they are able to donate money. We are also helping our students to make sure that they are emotionally, financially and educationally supported. So as one of the people on the team of San Jaccares, I am so proud to be able to contact our students. It is such an awesome feeling to be able to know that you are able to help them anywhere possible. We are also supporting our students by providing them laptops, providing them computers when needed if they don't have one, providing them online support for them as well as our faculty members. And also, we are able to maintain a good balance in reference to our non-drop of students, very low, and in some discipline, none at all in trying to drop the course. So again, I just wanted to update you in reference to the viewpoint of the equitable education and update you in reference to what San Jacinto College is doing, currently doing this pandemic. Thank you very much for your time today. Thank you very much, Tanya, for sharing all of that. You've had a couple of comments in the chat window, and I'll let you take a look at that as well. Thank you. All right, next up is Susan Joaquin, who is the coordinator of open educational resources, student learning outcomes and distance education at Butte Community College in California. Susan. Hi, thank you, Anna. So if we could go to the next slide, I'll, I don't have to look at myself. Thank you. So I'm going to be talking a little bit about the framework that allows us to respond more easily in times of crisis. And the framework that I'll be discussing is universal design for learning, because I think these two things work together really well to build in courses that are easy to navigate in turbulent waters. So the three terms that are listed, three color items on the list here are the framework for universal design for learning. And I'll just kind of go through these fairly quickly. The first one is provide multiple means of representation. And the idea with this is that you give learners different options for how they learn. So in the chat, there was some discussion about print versus digital, right? So some folks learn better with digital materials, maybe even interactive materials, but a lot of learners prefer print where they can highlight and do the kind of tactile learning that is helpful for folks. And with universal design, the idea is to give students as many of those options as you can so that they can find the pathway that works best for them. And OPEN allows us to do that more effectively because it provides the option to do lots of resources since they're all free. You can also, of course, customize them so that you can link to exactly the right resources for exactly the right assignments. So that is helpful in allowing learners to have these multiple resources without being overwhelmed with a lot of additional information. The next one is multiple means of action and expression. And this is all about allowing learners to choose how they have a learning outcome. So, for example, you might want to give students an option in how they demonstrate something using either drawing a complex diagram to explain a process or explaining the process in an essay or maybe using bulleted lists. And so allowing students to have options in how they demonstrate mastery of knowledge can be really helpful in times like this where we may not have access to the same sort of resources that we would have in a traditional sort of situation. And so that allows us to kind of pivot more quickly because there's already options built in so you don't have to give students more choice. It's already there. The last one is multiple means of engagement. And the idea with this one is to give students different entry points into the subject matter. So allow them to find entry points that make sense for them that resonate with them that are meaningful to them. And this helps us in the situations like this because it builds in a really easy way for students to connect the knowledge that you're trying to teach them to what's happening in the world currently. And so it's really important for students to have assignments to tie in to the real-life situation happening right now. It's already built into the class. So these are just some ideas for looking ahead and building these into courses for the future as a way to buffer future emergencies in case they come up again. And so the way to think about this as a universal design and open educational practices is like building a course that has a live GPS rather than a static map. So that image is meant to represent that where the students should end up, meaning the knowledge they gain at the end of the semester, the final destination, that doesn't change. What changes though is how they get there. And that is a little bit on UDL and OEP, lots of letters for you. Thank you for spelling those out in the chat. Thank you, Suzanne. And I love that metaphor of providing students with a live GPS rather than a static paper map. All right. Next up, I hope is Michael Mills, the vice president of e-learning, innovation and teaching excellence at Montgomery College. Mike, are you with us? I am. Can you hear me okay? We can hear you great. Okay, great. I moved back inside after I had enough power charged from my car. Thank you. So as Una said, I am at Montgomery College, located in Montgomery County, Maryland. We have a robust OER program across our three campuses. And I want to talk a little bit about how we're seeing that we are helping in our persistence rate and our retention rate during the COVID-19 situation. So Liz, if you could move to the next slide, please. The first area I want to talk about is the access that we're seeing our students gain through BlackWord on mobile devices. And, you know, I think we've, at least I've always thought OER provided a great opportunity for students to access their content on a mobile device. But I didn't know to what extent they would be doing that during this pandemic and how that might compare to previous semesters. So the other day I took a look at some numbers and from September 1st to December 31st of last year. So there was a 121 day period. We had about 132 average mobile accesses per day from students. Not a great number, but, you know, it is what it is. Looking at this current period, starting on March 15th, we've only seen an uptick of average mobile accesses per day to 140. So we're not seeing a large increase in the number of mobile accesses. But where we are seeing tremendous uptick in access to content is the average mobile minutes per log in. So last year, the last fall, we had about 950 average mobile minutes per log in per day. For the spring period, the 49-day period that we looked at for the pandemic were at 2,800 average mobile minutes per log in. And so what that is telling me, and we have a number of courses that are OER, that students are spending a lot of time on their devices able to access the content that is digital. They may have to be sharing internet or Wi-Fi access. They may have to be sharing a desktop if they even have one. But by accessing through their mobile device, they're able to spend a lot of time looking at that OER content and not having to worry about the print versions or a book. We also know that many of our students, when they're on campus, may not be logging into that digital content on their phone, but may be using an open lab in the library or one of our computer centers. So I think that OER persistence is visible when you're looking at the access through mobile devices. The next area I want to touch on is the access to content on day one. So we went to emergency remote structured teaching right around our spring break. Just March 15th, we started our second half of the spring semester or March the 23rd. And what we were hearing was students who were not in OER classes were very concerned about how they were going to get their books for those eight week classes that started on March 23rd. And so we spent a tremendous amount of time in different leadership meetings. Our students can be able to come on campus or the bookstore is going to ship out the books that students are needing. And then the faculty who we're using now we are, we're chiming in and saying, I don't have that problem. My students already have access to the material. They're not going to be behind when we go into this emergency remote teaching environment because it's all digital. So again, it plays into having access at the beginning of class, something that we've always talked about. And at least at Montgomery in March, it really played out to its fullest potential. The next area that I think we're going to see more of and I hope we see more of is the concept of open pedagogy and how it ties in with COVID-19. We've already had some faculty start to talk about how they're incorporating COVID-19 into their assignments, how they're asking students to reflect on how this pandemic has impacted them, how they've impacted their communities. And I'm excited about moving forward with this because I think students can provide a lot of help with faculty and not only crafting assignments, but crafting projects that can help communities and community members move forward as we continue to deal with this remote teaching environment. And then the last area that I want to talk about is retention. And Liz, if you could go to the next slide, please. So here are some numbers for our spring semester. And we had anticipated, I think, some withdrawals by students who just were traumatized by the sudden shift in moving to an online environment. They didn't want to go to an online environment. But what we're seeing, at least in the OER courses, was that did not happen at all. These numbers are as of just last week. And our overall retention, and we have about 10,000 student enrollments in our Z courses, the overall retention is about 85% in those courses, slightly higher than the overall retention of the college as a whole. And again, I think this is a testament to the strength of OER. That number, 85%, is consistent from one semester to the next. This pandemic has had no impact when students staying in their classes that are OER classes. That 85%, it was 85% in the fall. It was 85, roughly 85% in five or six semesters before that. So I think we see the power of OER. We see the staying power of OER and how it can help students be persistent and staying classes and hopefully get to this finish line in the next week or so. So I want to thank you, Una, for the opportunity to share what we have going on at Montgomery. Thank you, Mike. And so these are the numbers for your OER classes? Yes. Wonderful. Yeah, those are truly impressive. So I'd like to see those shared more widely. All right. Well, onto our next speaker, which is Quill West, who is the OER project manager at Pierce College. She also does a lot of instructional design work there. And is the former president of CCC OER Executive Council. Well, everybody, hopefully you're hearing me, my microphone says you can. So I'm going to ask you to go to the next slide because, you know, I don't want to look at myself either. I have been asked to speak with you a little bit about all those wonderful offers that came out from ed tech companies at the start of COVID-19's big shift to online learning. And distance learning where they were offering all these free options to use their platforms and their technology to improve your courses and how those things seem like a great offer, much like a cute free puppy, which I know so many people have adopted puppies during this time as well. But that concept of adopting free resources, free technology platforms comes with some added responsibilities much like a puppy. So I really want to talk today about how our institution and other institutions have been helping to guide faculty into conversations about platforms that better match open education resources and the principles of the open education field because a technology is free like puppies right now. And what that means, you know, if you'll go to my next slide, is that sometimes puppies do things you don't expect them to do like bring you a bunch of mud and a giant stick that you weren't expecting. And that giant stick can take the form of an added cost. If you have created content that you want to keep using in the future using those platforms, you may or may not be able to get it out of that platform so that you can use it in another form. So what is free today may have a cost tomorrow. On top of that, you're never, sometimes those free technologies from a commercial printer, publisher or commercial tech company come with added student privacy issues, students rights issues. For example, if I'm making a student sign up for a resource so that they can use it in my, in my online class, then the student is now faced with the reality that they have to, they have to either choose not to participate fully in my course or give up some of their privacy so that they can participate. So those are requirements that everybody should be considering when you're adopting OER or when you're, excuse me, when you're adopting educational technology. And I know we know this. But I also know that sometimes something comes in that is just so slick and so cool. And it seems like such a great idea at the time. And then we adopt it. And it causes bigger challenges. So I want to remind everybody of the care framework. So go ahead. So the care framework. I think this is what two or three years old now. From Lisa Petrides, Doug Levin and see Edward Watson that talks about what it means to be an OER steward and really talks about sustainability of the resources and the work that we do, because as we are stewards, we are contributing to a community of users. We're building a commons. And so I think that's a great idea. We have users. We're building a commons. And so how much easier is it to own a dog when you're not the only person who owns and is responsible for training that puppy. When there's somebody else there that can do things like practice. The training protocols or can help. Cuddle when you don't have time to cuddle or be there when you're at a meeting. Having a community to support and contribute is really important. So we are stewards do that. We are platforms do that people who have considered open education as tools do that. They give credit where it's due. That's what attribution is about. One of my most important things right now as faculty are creating more and more content is to think about. The concept of evergreen content. If you're going to make it for your students today, can you share it, get it back out again. And give it to the commons so that it can be care take care taken and you can use it again and again. And if you build it in a platform that you're trialing for a quarter, then chances of getting it back out again and being able to use it over and over is really small. It's really important to be able to use it. Or being able to use it in a variety of spaces. I know the chat has been really, really invested in conversations about print and whether or not we should provide free print resources to students because OER is really flexible and you can print it and send it to students if you need to. Because of technology concerns or just because of preferences in terms of how they interact with materials. Some digital platforms out there make it really, really important to have the resources that they are written in into print. And so it's a really good idea to consider that. For example, at Pierce College, our college success course found that students who started the start of this quarter who thought and were a quarterly school, who really, really thought college success is something we require of all of our first quarter students felt like they had the technology they needed to be able to do that. And so we're getting to the mid quarter point of our, of our quarter because we're, this is week five for us. And they're finding that because everybody needs the electronic resources in their home, they're not the only one who needs a computer. So if they've studied, if they have their reading time scheduled and they're accessing their resource online and somebody else needs the computer, they can't do their reading at that point. And because it's built in an open platform and because it's built in a platform that considered how we get it back out and turn it into a print resource, we're able to give them printable or printed copies of those resources and just send them out, whether they want them that way or not. So it's, it allows for flexibility. And so the last thing I really, really want to talk about is when you're considering new technologies, any new technology, think about the cognitive load that students are having to carry in terms of accessing resources in a, in a way they don't want right now, but in any format. If the technology is difficult to learn to use, in terms of how do I make my learning happen out of this, then the student is having to fight technology as much as your content. And so it's really important. A lot of individual faculty throughout this time have been deciding what are the resources I can best use. And I continually point people to openly created, openly licensed tools because I know there's a community there to support them and there's a community to support the students who are trying to use those resources as well. So I'm going to say thank you and just keep reminding everybody of the care framework. Thank you so much, well for sharing that and in for giving people kind of an evaluation rubric for how to measure the costs of accepting these free offers in the short term. And last but not least, certainly, we're really pleased to have Meredith Jacob, who is the project director of Creative Commons USA at the American University, Washington College of Law here to talk with us about how fair use and open educational resources can work together. Thanks, so I think, you know, in the presenters before we've heard a really convincing story about why open educational resources are really fundamentally different than commercially licensed resources in that they give faculty and institutions that control to adapt to changing situations to make decisions about delivery to meet student needs and to control cost and risk for students that are going into this really uncertain time. In that moment, I think the question becomes how do we create more different open educational resources and more valuable OER and how do we meet gaps in the existing OER universe so that more courses can be sort of brought on board. On the next slide, we talked through the sort of framework for that. So as you sit down to create OER, it's important to remember that OER is not a, you know, creating OER is not a closed booked test. So when you sit down and you want to create OER, you need to think through what is the source material that you're going to use, the knowledge, the examples, you know, where are you going to get that? Very few people will sit down in sort of a closed room and type only from memory. That would actually be in a lot of ways a really irresponsible way to create. And so as you think through creating new OER, there might be sources that you have a right to use, either material that is in the public domain or you're in fact only using the idea from something, not the copyrighted content. So for those things, you have a right to use them. You might also have a right to use it because of a limitation or exception to copyright law. That could be fair use or a different specific limitation or exception. And then if you don't have one of those rights to use it, then you need a license or other permission. And that could be a Creative Commons license, an institutional license, a purchase or a permission. So in the next slide, we have a framework to sort of think through this evaluation. The first question is as I am doing this thing, I like doing something with content that is protected by copyright law. And as you'll see at the bottom, there's sort of two big content buckets that fall into there. One is, and I think in a lot of ways, this is really fundamentally the largest thing is that you are using ideas from existing content, but not using the expression, the writing or the image itself. And in those situations, it's really important to keep separate copyright concepts, concepts which cover the written expression or the photographic expression, the fixed thing from concepts around plagiarism and academic integrity, which might require you to attribute. You might need to attribute where your ideas came if you took very specific ideas from an attribution integrity standpoint, but that's not a copyright law issue. The other large body of content that is not protected by copyright is content that's in the public domain, either because it was created after, sorry, it was created in 1924 earlier or because it was created by someone who can't have copyright in their official work. So for example, copyright doesn't exist for works created by US government employees. So once you've made the decision, no, I think this thing is protected by copyright law. Yes, it's protected. Then the question is, is there a limitation in the law that gives you a right to use that in the US, the largest limitation that will give educators or right to use existing content is fair use. And we'll talk about that in the later slides, but the other buckets are also, is there a Creative Commons license or do you have another institutional license or permission? On the next slide, we'll look at the basic framework of fair use in the United States. So fair use is in both common law and the statute. And the statute is a four factor test, but in practice in the last 20 or 25 years, those four factors have really been transformed or sorry, been condensed down into two questions. The first question is, are you doing something new or different, something transformative with that material? And is the amount you're using, whether a part or the whole appropriate to that use. If the answer to both of those questions is yes, then it's unlikely that you're providing a substitute for the copyrighted work in the original market, which is the only sort of financial issue that's relevant to fair use. On the next slide, we have some examples of where fair use works out, sort of in the world at large. Fair use is the limitation in the copyright law that gives us the ability to do critique and analysis, to use excerpts to illustrate an argument, to make whole copies of a work to promote accessibility, do translation for language learning. And most importantly for this webinar to develop new educational materials. On the next slide, there are some examples of how that may play out. You might excerpt a passage for close reading, such as glossing new concepts, interspersing discussion questions, or doing translation for language learning. You might include an image for illustration of a teaching point or a document historical event. And you may do all of these things in the context of a student assessment or student work. When you're thinking through this, on the next slide, we have sort of an implementation framework. You need to ask, what is your purpose? Once you know your purpose, then you go on to the next step. It's really important to think through. First off, why am I using this specific thing? Once you know your purpose, then you can compare it to the purpose of the original. Like I'm using this to teach about the civil rights movement versus this was originally used to report the news. The question of is it transformative is only when you can answer when you've thought through what is your teaching purpose and what was the purpose of the original. Once you've figured out this is my purpose, then you ask, is it different? Is it transformative compared to the original purpose? Then you ask, does it substitute in the market for the original? Would someone reasonably use this instead of the other for the purpose the other was originally created for? Then while you're doing that, you want to document a few things. If you're releasing OER, it's important to document what materials are included under fair use. That's so that other people who come in and look at the material can understand what you're giving them an open license to and what you've included under fair use. It's also important if it's not obvious to include what your reasoning was, what your analysis of your new purpose was. That's because in many situations, including I think almost all situations in which a third party thing, an image or an excerpt is included in a new textbook, other users will have a very similar fair use analysis. They don't need to go in and strip out all of the things that were included under fair use. You can keep those as you distribute it in the textbook, but other people will want to get to understand what was your fair use analysis. Then finally, on the next slide, we have a few caution flags as you're thinking through fair use and educational resources, which is there's less strong support for uses designed maybe to set a mood or grab people's attention. If you can't clearly enunciate your purpose for using this thing, if you're just like, I think it's pretty, I think it's the right sort of theme, that's not going to be a very convincing purpose for evaluating your fair use. Uses that aren't proportionate. So fair use can enable using the whole work if that's the correct amount for your teaching purpose. But if you're only examining one section or one paragraph, then that's the part you should use. You should use proportionate amount. And then finally, you need to be careful when you're using commercial educational materials because for materials that were originally created for a teaching purpose, your analysis of whether or not it's substitutional will be different. That's not to say that you can never use them, but you want to make sure that you're not using them in a way that is substitutional. So for example, you couldn't, it would be a less clear fair use analysis. And I think generally not fair use for, for example, make a textbook by using chapters of existing textbooks. On the other hand, you could very easily create a textbook or a assignment that use parts of textbooks to evaluate a history of teaching or a history of science perspective. So again, it's not about just what material you're using or how much, but also for what purpose. So that is a seven minute sleigh ride through the basics of fair use. But as you go forward and you think about creating OER, I would just say if we're going to teach stuff that is accurate and culturally responsive and if we're going to create OER across disciplines, then fundamentally we're going to have to grapple with issues of fair use and the law supports you doing that. Thank you so much, Meredith. And I wanted just to go back to that example you gave to kind of ground it. And you mentioned it, but pretty quickly. So you said perhaps if you were writing a chapter of a textbook or on civil rights or maybe an entire textbook, you could use perhaps, and I don't know if you said newspaper articles, but you could use something that might have been copyrighted that is copyrighted from that time frame in the textbook, citing fair use. Was that? Sure. Yeah. So there's, I can give you a couple of examples. Okay. I think that would be great. So one example would be if you are teaching about the history of press coverage of foreign wars, it would be very hard to teach about the history of press coverage of foreign wars without using existing historical press, right? You could not sort of easily or responsibly go back and create fake articles for that. So you have to use stuff that's out there in the world. And so you could say, I'm going to use a copy of the front page image from the New York Times, from World War One, a copy of a front page image of the New York Times from World War Two, a copy of the front page image from New York Times from the Vietnam War and one from the global war in terror. And in those examples, the first, the World War One one is probably no longer protected by copyright, but all the rest are presumably covered by copyright law. And what you would need to do is think through that analysis. What is my purpose? My purpose is getting my students to evaluate the changes in the critical press response to war. So that's my purpose. And then the question would be, what was the purpose these were originally used for? The answer would be news reporting. And so are you using it for a different purpose, a transformative purpose? Yes. Is there a harm for the market for the original? Would someone reasonably do this instead of reading the current New York Times? No. And it's important to note there that even though they might offer a license that doesn't necessarily mean that you don't have a fair use. And so in that situation, that would be something that you might reasonably do under fair use. Another important note is I've said use the front page image because that's probably what you'll do. And that's what you'll do as the best solution for most students. But it is also important that fair use very strongly supports making things available for students with different access needs. So you could also OCR that and create alt text and descriptions. So that all students had access to that fair use enables both parts of that. Does that answer your question? I have more examples, but I'm very aware of not taking it more than my time. Thank you, Meredith. Let's let's hear from the audience about questions. We've been having a lot of discussion back and forth in here. Someone asked a good question about creative commons licenses and Amy Hofer. Thank you so much for answering that one. So I think that was a question about who decides who puts the creative commons license on a work. And of course it depends on your faculty contract. If you're a faculty member. So some, some institutions. It required that the institution owns it and others allow the faculty to own their own work. So other questions. For any of our speakers. And I know we have run over a little bit on time. We'd hope to have a little bit more open time. I think that's a good question. There's. For those of you, those of our speakers, there's been some great questions that you've been answering back and forth. And I wondered if anyone wanted to summarize any of the conversations that they'd had. In the chat window. I saw one specific area. A number of folks were very pleased to hear about that. We had a couple of, at least one person who mentioned Rachel Becker who mentioned that her college had also done that. And the students were very grateful. And. Sarah said that it had been organized by their executive leadership. Team who had organized that. And. Tonja. How was it organized at San Jacinto. That too was. Organized by our. Our senior leadership team. It's under the guidance of Dr. Alisha Harris, who is also the vice chancellor of our, of our diversity and inclusivity. Committee as well. Wonderful. Yes. And I see. Michelle also said that Manchester college. Had also reached out to their students. So I'm going to start off with a couple of other speakers. Questions that you were answering in the chat window that you'd like to summarize. Well, one question I'd like to put to our audience actually is, were you surprised about. This fair use. Description by Meredith. I know I had the pleasure of attending a webinar that Meredith gave a few weeks ago. Might have been a month ago now. On fair use. Fair use. How fair use can work with OER. I, I didn't realize the extent of that. And I wonder if others were also surprised at how fair use and OER can work together. I would say, you know, it's really important. I think when you're thinking about fair use to separate. You know, I think that thinking through what you think is reasonable and what you think the law is before you sort of go too far down the path about thinking about risk. Because it's not that they aren't both important considerations, but you want to sort of know. You know, do I think I can do this? Do I think it's legal? And then separately, you know, what would I want to do to think through or reduce my risk and not sort of conflate them together? I think. So the other thing I would say is that education is sort of one of the core purposes of copyright law. And. I think that fundamentally for the OER community to really. Expand and mature to cover more subjects. There are things we can't teach about unless we. So I think that's a really. Sort of grapple with fair use questions and I would encourage people that I think it is less is more rewarding and less risky than it has felt in the past. Thank you for that. And we see that quite a number of folks. Found this helpful. And some folks also said that their librarian has already been very familiar with fair use. So that's, I know, librarians tend to have this knowledge. And I know that when I give OER workshops, I always say, well, with fair use talk to your librarian because I, I don't feel competent to speak about it. I can't say that I feel competent to, you know, give people advice on this, but I can certainly say that it's far more open. Then I originally thought. And I would, I would also say when you're working with your librarian, they might help you set up the framework, but you really need to be the person who sets the purpose. So, you know, to understand the purpose, right? Like you're the person when you say, I want to use this material in my OER, you have to dig into what is your pedagogical purpose there. That isn't a question your librarian can answer for you. And so. That piece is the piece that you as instructors are the experts on. And that's the part that I think people really have the ability to dig in on. Thank you. Thank you. Well, we are at the top of the hour. I want to give my speakers just a moment. If any of them would like to make a, any final remark before we close down the webinar. All right. Well, I want to thank everyone for taking time out of their busy day. In spite of the fact that we're all working from home. I think we're probably working more hours than we've worked. In the past. So, um, I appreciate you coming and, um, and, and thanks so much to my, uh, presenters. Um, your expertise and your, um, and your inspiration is, is really, really helpful and really, um, helps us to get through our day. So thank you all for joining us and we will, um, see you in June. We hope where we have one more webinar, um, on user friendly design with OER. Um, here's our stay in the loop link. You can look at that later. Um, if you have any questions, please don't hesitate to reach out to us. And all of our presenters also are happy to answer additional questions. Thank you. Thank you.