 Good afternoon everybody. I'm Attorney Owens Desini. I'm the legal officer of UP Open University and I'm here to lecture on the responsible use of technology tools and online resources. When we talk of technology tools, I've grouped it into three groupings. One is academic learning. The other one is social learning and lesson planning. For academic learning, these are the applications that we can access in the Internet to help us make lessons fun, interesting and more effective. Some of the common applications are Khan Academy, Manga High, Fun Brain, Animoto, Newton, and other applications. For social learning, these are tools that use the power of social media to help students learn and teachers connect. Some familiar applications are Skype, Pinterest, Wikispaces, Coology, and other similar applications. For lesson planning, these are materials that help us pull together great lessons and design amazing lessons. These are for teachers and for students it helps us make memorable school projects. Some applications are teachers pay teachers, plan board, time toast, Quizlet, QR codes, and other similar applications. Those that don't fall under these three categories, I call other tools and these other tools help teachers and students stay connected, organized, and increase the ease of building multimedia lessons and learning tools. Some of the more common are Evernote, Dropbox, Twitter, Avery, Google Earth, Digo, and Jing. When we talk of technology tools, regardless of whether you use a laptop or your desktop or your iPad or your phone, what it really talks about is that you're accessing applications over the Internet. And when you speak of responsible use of these technology tools, there are certain things that we need to remember. The first rule that I would like to emphasize is that these applications have acceptable use policies or some call it their fair use policies. These are policies where the creator has restricted how you use their platform or how you use their website or their application. The safe rule is that you follow these acceptable use policies. That's the general rule and very basic. The second rule is that there are certain things that we have to avoid when we're using any kind of applications regardless of their acceptable use policies. And these are acts that fall under the general category of cyber bullying. In cyber bullying, the acts differ regardless of the situation or the circumstances. It will be based on a case-to-case basis. Some examples I have listed today are flaming. Flaming is an online fight using electronic messages with angry and vulgar language. Harassment, which are acts that are repeatedly sending nasty mean and insulting messages. Denigration, sending or posting gossip or rumors about a person to damage his or her reputation or friendships. There's also impersonation pretending to be someone else and sending or posting material to get that person in trouble or in danger or to damage that person's reputation or friendship online. Outing is the act of sharing someone's secret or embarrassing information or images online. Trickery is the act of talking someone into revealing his secrets or embarrassing information and then sharing this online. Exclusion is the act of intentionally and cruelly excluding someone from an online group. And cyber stalking is the act of repeated, intense harassment and denigration that includes threats or creates significant fear. These acts that I've mentioned fall under the category of cyber bullying. We should avoid these acts. Now, aside from cyber bullying, there's also the concept of cyber threats. Cyber threats are direct threats or distressing material that are posted online and this consists of general statements that make it sound like the writer is emotionally upset and may be considering harming someone else or harming himself or herself or committing suicide. What's the reaction to this? As I said, if we are to avoid cyber bullying, cyber threats we have to report. Why? Because if you see any of these acts being committed or if you see any distressing material posted online, it is extremely important to report them in order to avert any damage to property or to persons. To sum it up, with respect to the responsible use of technology tools, I suggest three rules. One, look at their fair use policy and comply with it. Two, avoid engaging in cyber bullying. And three, report cyber threats. Now aside from technology tools, I'm supposed to discuss also the responsible use for open education resources. What are open education resources? I've chosen three definitions because this concept has been defined over and over again. The first definition I chose is the one coined at the UNESCO 2002 forum on open courseware. The definition states that teaching, learning and research materials in any medium, digital or otherwise, that reside in the public domain or have been released under an open license that permits access, use, adaptation and redistribution by others with no or limited restrictions. The second definition is by the William and Flora Hewlett Foundation. This definition states that OER are teaching, learning and research resources that reside in the public domain or has been released under an intellectual property license that permits their free use and repurposing by others. And the third definition is that of the OECD or the Organization for Economic Cooperation and Development that says OER are digitized materials offered freely and openly for educators, students and self-learners to use and reuse for teaching, learning and research. Of these three definitions that I chose, I've combined elements of OER. First, free use or freely accessible. Second, educational purpose for teachers and learners. Third, it resides in the public domain or openly licensed. Fourth, it covers all type of digital media. And fifth, it covers use, reuse, repurposing and modification of information. Now, OER given these combined elements and when we talk about it with regard to responsible use, we need to talk about the intellectual property code. Why? Because this is where the concept of copyright is embodied. OER are basically materials that are available online and when there's a material, somebody created that material and that somebody owns the copyright over that material. So if you talk about responsible use of OER, we need to discuss the concept of copyright. Copyright is embodied in the intellectual property code. The definition of copyright is that it is the exclusive legal right given to an originator to print, publish, perform, film or record literary, artistic or musical material and to authorize others to do the same. I would like to point out the provision in the intellectual property code regarding copyright. Under section 230 of the intellectual property code, the law mandates that schools and universities shall adopt intellectual property policies that would govern the use and creation of intellectual property with the purpose of safeguarding the intellectual creations of the learning institution and its employees and adopting locally established industry practice fair use guidelines. This means that if you are an institution and we know that schools are always the bastion of intellectual creations you are mandated to protect these intellectual creations and you're mandated to set down policies whether restrictive or open policies will depend on the policy that the school would want to push. Now, given that I think an example would be in the University of the Philippines. We have the rules governing the intellectual property used by the system and this is followed by all constituent units of the university and this governs the licensing of copyright trademarks and all kinds of intellectual property that's created within the university. When we talk about intellectual property I want to be clear that this does not only cover copyright. It covers a lot of other intellectual creations like trademarks, patents, industrial designs but for now I'd like to center on copyright because that is what is crucial to the use of OER. As I said copyright is the exclusive right of the person who created that material to print it, publish it, perform it, film it or record it. It covers literary, artistic or musical material. So when you see these materials online, just because they're online it doesn't mean that this is not covered by copyright. It doesn't mean that this material is open for you to use and access. So the rule should be always assume that the resource is covered by conventional copyright terms. Sometimes this is called the all rights reserve terms. Now there are exceptions to the copyright rule. The copyright rule says that if you're going to use or access that material you have to ask permission. Copyright regime is a permission regime. You always have to ask whenever you use it, you access it, you reproduce it or you make derivative works of that material you always have to ask for consent. Now there are exceptions to asking for consent from the originator. There are several exceptions but I would like to focus on two which is very crucial for OER use. And these two concepts are public domain and fair use. Before we discuss public domain, the first exception to the copyright, I want to explain the scope of copyright first. Copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain and they are supposed to be protected from the moment of their creation. What does this mean? It does not need registration for our rights to be protected if you're the originator. For instance, I scribble a note or I'm listening to a lecture during class and I wrote a poem on a paper. The moment I put down my pen, that work is already protected by copyright. No registration is required to establish this right. It is protected from the moment of creation. But for purposes of proof that the original author created this work, our law allows us to deposit a copy of the work with the National Library. The National Library will require you to deposit a work and it will stamp a date on it so that it knows that on this date you created that material. A similar way would be to just create the work, put it in an envelope, mail it to yourself because the post office will stamp the date when it was received. But for purposes of access and for purposes of deposit with the government, the National Library is there to provide this service. Now, aside from knowing what are the copyrightable objects, I would like to be able to give you samples of what they are so that if you created one and I happen to mention them, then you know that that right is copyrightable. So for literary and artistic works, we have books, pamphlets, articles, and other writings. We have periodicals and newspapers, lecture sermons, dissertations, letters, dramatic and musical compositions, choreographic works, works of drawing, paintings, sculpture, original ornamental designs, works of applied art, illustrations, even maps, plans and sketches, charts, three-dimensional works relative to geography, topography, architecture, or science. Drawings are plastic works of a scientific or technical character. Photographic works, including works produced by a process analogous to photography like lantern slides, audiovisual work and cinematographic works, and works produced by a process analogous to cinematography are any process for making audiovisual recordings, pictorial illustrations, computer programs, and other literary, scholarly, scientific and artistic works. Obviously, OER falls under this category. Now, aside from knowing if your work is copyrightable, you have to know who the owner of that copyright is. If you are the user of the material and not the originator. Now, there are rules as to determine who the owner of copyright. One, if there's only one creator, which is the author, then he's the owner. But if he dies, his heirs and his assigns will own his copyright for a period of 50 years. We will discuss this later on. If there are two or more creators, then all authors shall be the joint owners of the copyright. And in the absence of agreement, their rights shall be governed by the rules on co-ownership. If the work is commissioned, the person commissioning the work will own the work, but the ownership of the copyright remains with the creator, unless there is a written stipulation to the contrary. This can be agreed upon by the parties. For all your visual work, the copyright is owned by the producer for purposes of exhibition. But for all other purposes, it is owned by the author of the work, the producer, the author of the scenario, the composer, the film director, the photographic director, all together as co-owners. Now, if the work is anonymous, you don't know who wrote the work like, I think, Ibon Adara. It's a classic work that we don't know who wrote it. Then the author is undisputably known, the publisher shall be pursued to be the representative of the author. For employees that produce material during the course of their employment, the employer will be the owner of the copyright. If the material is the result of the regular functions of that employee. Now, so we know what are covered by copyright. Now we know how to determine who's the owner of the copyright, but what are the rights of the authors or the creators? There are two general categories of the rights of authors. One is the economic rights and the moral rights. Economic rights is the right to reproduce the work or any portion of the work, to dramatize it, to translate it, to adapt it, make abridgments or different arrangements or transform the work. Economic rights also covers the first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. He has the right to rent it out, he has the right to publicly display the original or a copy of the work and other communications to the public of the work. Moral rights, as against economic rights, the moral rights cover the right of the author to require that the authorship of the work be attributed to him. To say that Rowana S. Decini may dispel him or this presentation, that's the right of attribution. Another right covered by moral rights is the right of the author to make any alterations of his work, prior to or to withhold it from publication. He also has the right to object to any distortion, mutilation or modification of the work or other derogatory action in relation to his work which would be prejudicial to his honor or reputation. And lastly he has the right to restrain the use of his name with respect to any work not of his creation or in a distorted version of his work. Now as I said there are two exceptions of copyright. One is public domain and the other is fair use. In discussing public domain we have to know what it means, what this public domain means. This simply means that when the copyright of the work has expired and yes there's an expiration of copyright, then the work falls into what we call the public domain. When does a copyright expire? Copyright protection expires as a general rule at the lifetime of the creator plus 50 years, which means if Julie created a poem, during her lifetime she has copyright over this poem but when she dies her heirs will have copyright over that same work for 50 years. After 50 years from her death that poem now becomes public domain. What does that mean? Public domain means we're now free to use it without asking for permission from Julie because she's dead but also from her heirs. Now there are special rules that you have to consider regarding expiration of copyright and its ownership. When you are joint owners the lifetime plus 50 years is taken from the last surviving co-owner. When the work is anonymous the 50 years is taken from publication if it's published. If it's not published the 50 years is computed from its making. If it's work of applied art the 50 years is computed from the making. If it's photos audiovisual works the 50 years is computed from its publication but if not published then 50 years from its making. I'd like to point out that public domain is what OER always emphasizes. When you say open, open education resource, open would indicate that you're free to use it and usually the exception to that copyright is public domain because the copyright has already expired and so this material is open for access and use of students or teachers alike. Now let's go to the second exception of copyright which is fair use. Fair use is embodied in section 185 of the Intellectual Property Code. It's a very long definition. Fair use I have to admit is a very complicated concept but in that definition you can find certain examples like criticism, comment, news reporting and teaching. These are exceptions to copyright which fall under the definition of fair use but it's not always the case that just because it is a news reporting or you use it for teaching that your use will be considered fair use. How do you determine fair use? There are four tests for this and this is based also, our law is based on the US law which uses the same test and they call it four-fold test. The first test is the purpose and character of the use. The question is are you creating something new or are you just copying? In determining this test we have to consider that non-profit educational purposes are generally favored over commercial uses. Criticism, comment, news reporting, teaching, scholarship or research would always be bent towards fair use. Transformative and not merely reproductions for example quotations incorporated into a paper or work mixed into a multimedia product will always be interpreted as fair use. The second test is the nature of the copyrighted work. Are you publishing the work for the first time ahead of the author? So if unpublished it's more likely to weigh against fair use. This will not be fair use if the work that you copied is unpublished. Now, fair use tends to apply more on the other hand broadly to non-fiction than fiction. For example, it will apply more fairly to art, music, poetry and feature films. The third test is the amount of substantiality of the portion used. Are you taking too much or are you taking the heart of the matter? The rule is that the more you use or the more you copy the less likely it is fair use. However, sometimes even uses of small amount may not be fair use also if it takes the heart of the matter. The heart of the matter is simply a short, for example it's a short clip from a movie which may be acceptable unless it takes the most extraordinary or creative elements of a film. So then that will not be considered fair use because you are taking the heart of the matter. The fourth test is the effect of the use on the potential market. The question you should ask is are you competing with the source you're copying from? This is the most complicated test because you have to investigate the market and determine if the work is being sold or licensed so much so that the potential market for the work is prejudiced by your use of the material. Remember these four full tests although they are not full proof. They're the tests used by the courts to determine if someone's use of a material will fall under fair use and will not be considered copyright infringement. One rule to remember with fair use is that giving the author credit doesn't let you off the hook. Giving credit and fair use are completely separate concepts either you have the right to use the material or you don't. Attribution will not change that fact. This is the same as infringement versus plagiarism. The former is the violation of the rights of the author while the latter is the act of taking the original works of another and presenting it as your own. Now I said that there are two exceptions from copyright that is public domain which we earlier discussed and fair use. There's a third but this is not an exception to copyright because it is actually based on copyright. It's more of a licensing regime and this is what we see in the internet embedded in some materials that we use and reuse and that's the Creative Commons license. What is the Creative Commons license? Creative Commons is a licensing regime to share creative works by offering several copyright licenses which they call the CC license. They offer it to the public free of charge. It aims to build a richer public domain and counter a pervasive restrictive permission culture which copyright is trying to encourage. It does not supplant the rules on copyright but it is actually based on them and it allows creators to share their work on conditions of their choice. There are several kinds of CC licenses. The first one is the attribution license. This is the most common. What is that and how do you use it? This license tells you that you are free to share and adapt that material for any purpose even commercially for so long as you give the appropriate credit to the creator and you must provide a link to the license and you must indicate if the changes were made and you cannot suggest that the creator endorsed you. If you do not follow these rules or there's some modifications from these rules that you can't follow, then you will always have to ask permission of the author. That's the attribution license which is identified by the word buy when you look at the CC license. The second license is the share-alike license. That's indicated by the words SA. Now what does this license mean? This license has the same terms as attribution with an additional element. It will require you that if you copy, distribute, display, perform and modify the work, you must distribute any modified work on the same terms. Not more restrictive, but on the same terms. If not on the same terms, again, you must get the permission of the author before you can do anything with this work. The third CC license is the non-commercial license indicated by the letters NC. What are the terms of this license? Again, this license has the same terms as attribution, but in addition, you may not use this material for any commercial purposes. Otherwise, you have to get the permission of the author. The last is the non-derivatives license, which is indicated by the letters ND. How do you use them? This license has the same terms as attribution, but only over the original copies. That means if you remix, transform, or build upon the material, you can't distribute the modified material. Otherwise, you have to ask the permission of the originator. I have discussed with you the responsible ways of using technology tools and OER, but I want to summarize what we've talked about. For responsible use of technology tools, we have to be aware of the terms and conditions and acceptable use policies of different websites that offer technology tools. Know the behavior, what behavior it acts to avoid, and immediately report any violations of this act. Second, we define OER as online resources that are freely accessible because they either reside in the public domain or are openly licensed under a CC license or they are used under a fair use principle and the materials are used, reused, modified, or repurposed by teachers and learners alike for educational and research purposes. Closely linked to the responsible use of OER is a clear understanding of what copyright is. We are required to know first if the material is copyrightable. Second, if it is, who is the owner of the material? Third, whether or not it is an all rights reserved copyright or subject to a less restrictive copyright regime such as the Creative Commons license. Fourth, whether it belongs to any of the exceptions, the exceptions being public domain or the material is under the concept of fair use. I guess that sums up my presentation for today. Thank you very much. Have a good day.