 So Meredith, take it away when ready. Great, I think I was anticipating a longer recording notice. Thanks so much for everyone joining us. And for coming to this session on from code to practice, making OER with the code of best practices in fair use for open education. My name is Meredith Jacob, and I'm joined by my colleagues at American University, Peter Yazzie and crew Adler, as well as Will Cross from NC State University Libraries and Emily Kirkpatrick from NCTE. On the next slide, we'll talk very briefly about what we're going to go over here, why fair use is an important part of creating high quality OER, a very brief overview of the code itself, because many of you have heard us talk about it before. And then the meat of this presentation will be talking about the ways in which we hope to work with different communities of practice, different discipline communities, different professional communities to take the code and really turn it into a part of people's regular practice to make it accessible and to relate it to the work that people do day in, day out. I'm going to put a few links in the chat as we go into the next slide. And these are links to other things that are what this code is not, which is sort of a funny place to start. But it's important to understand that the code is specifically about taking existing copyrighted content, analyzing it, using the guidance in the code about how to think through fair use problems and putting it into new or updated open educational resources. So this code is not an attempt to sort of give you guidance about all fair use questions in education, questions about classroom use, questions about e-course reserves. All of those things are important questions, but they're not in the scope of the code themselves. The ARL code that's in the chat is a really good source for some of those done previously with the Association of Research Libraries, as is the CC certificate, which talks a lot about open licensing questions that are also not directly addressed in the code. So moving forward, the sort of fundamental question is, why do we need fair use as part of creating high-quality OER? And on the next slide, we'll talk about the sort of three pillars, the three big sort of legal categories of materials that you often need to create high-quality teaching and learning materials. And so the first big bucket is things that are in the public domain. And so some of those will be things that have aged into the public domain, things that were created 1925 or earlier, but the sort of larger and even more fundamental thing that is in the public domain are things that are not covered by copyright, things like ideas and principles, facts, all of these things that you are writing about are things that you need to be able to use and understanding what copyright covers and what it does not, what is in the public domain is really important. The second thing that all of you are familiar with because you're here at OpenEd are Creative Commons materials, which are materials that are put out under an open license for you to use for any of the purposes under copyright law. And those are really valuable and they're from the backbone of most open educational resources. However though, there's this third category of materials that we're gonna talk about here that are materials that you are using under fair use, which is sort of talked about in the law as a limitation or exception to copyright, which is the structure of the law which says we're giving these really powerful protections under copyright, but in order for the system to function the way it's intended in order to support discourse and dialogue and learning and progress, we've also set up some really powerful exceptions. And fair use is the exception in the United States that we're talking about here. The code itself also talks about fair dealing in Canada in one of the appendices and the other limitations and exceptions to copyright that exist in different jurisdictions. But fair use is designed to say once these copyrighted materials are out there in the world, there are different types of uses and purposes that we're going to allow people to do without a license because it serves an important social function. On the next slide we'll talk about some examples of what those might be. So when you're creating OER, it is, as we like to say, not a closed book exam. You don't need to sit in a closed room and try to only write down those things you can imagine. To be an effective and responsible author, you need to reference other existing sources. You need to have citation. You need to have a quotation and examples. And many times some of those can come from other openly licensed materials, but it's also important to remember that fair use is the existing copyright provision that has always allowed academics and researchers to reference, to incorporate, and to build on existing material when professionally and pedagogically appropriate. Next slide please. So here's one example of when this might happen. So this is a history textbook in the Open Textbook Library. And at the beginning of this paragraph, there's a quotation and a reference to sort of anchor the discussion. And that example, these sort of standard academic practices of things like quotation and excerpting are things that have always been permitted by fair use and that are a normal part of academic practice and that there's no reason to wall those off from the creation and dissemination of OER. Next slide please. The other thing I think it's important to keep in mind is when authors and publishers and librarians and others are thinking about fair use, I think there's often this sort of hesitance to dig in on the questions of fair use and this feeling that it can be easier to just link out or to reference or to sort of not take what is perceived as this risk of relying on fair use. And I think that we hope to sort of push back on that in two different directions. One, I think it's important to say that fair use is a regular sort of settled part of how copyright law operates and that a lot of that perceived risk is really exaggerated. And then the other, and I think really the more important piece is that if you sort of completely avoid any reliance on fair use or other limits and exceptions to copyright law, you pose really serious risk to your mission of providing high quality educational materials on an equal basis to all of your students. Linking out poses a large risk of the materials that you have linked out to not being fully accessible or not being available to students with unreliable internet connections. We often see people make choices where they pick less biologically appropriate options, even though fair use would allow them to use better sources because they feel like they are hemmed in to only using openly licensed source materials. Similarly, the viewpoints and authorship of openly licensed materials is not representative of the entire scope of viewpoints and authorship. And so we often see limits to the representation of who is available in openly licensed materials where fair use materials might allow a sort of broader and more representative view of students lived experiences. And then finally, and we'll talk about this a little bit later when we're talking with Emily about the materials that we were working with with NCTE, I think that there's this risk for many students that just the burden of sort of having to go out and find other materials and move away from the core study materials adds particularly in assessment situations, this burden about attention and focus that can really disproportionately burden students with learning disabilities or students who are working to, like working in a second language or students who are otherwise marginalized in the classroom. So with that introduction, my colleague Peter Yazzie is going to talk very briefly about what is covered in the code and the move on to talk about how it's going to be implemented. Next slide, please. Thank you, Meredith. And let me, before we advance, let me just make two very general points about the code, which I hope you've read already, which is brief and we hope clear and that I hope if you haven't read already, you won't read soon. And which is explicated and parsed at greater length in various materials that we have links to in the chat. This is going to be a very brief overview. So just two broad principles to start with first. As a legal map, as the various doctrine has involved over the last 25 years to its present very robust condition, fair use is clearly a right, a user right, which should think of it that way and make the decisions about whether or not to exercise it. As a practical matter, fair use is a way of thinking, a way of analyzing questions about whether actually or potentially copyrighted third party material is available for use in a new work to reach a conclusion in which you feel confident about going forward. And it is that process of analysis that this code tries to model. May I have the next slide, please? The code is part of a larger family of codes which has been working in the world for about the last 15 years. And you can see there are a number of them. Each of them has been developed using one or another cognate methodology by and for the use communities in question. And that was true of this code too, which was based as the document describes at greater length on broad consultation in the field to derive what appeared to be consensus views about fair use and then specific consultation with a sort of top panel of legal experts to make sure that those consensus positions of the field were in fact also in line with doctrine. And I'd urge you if any of these codes are of interest you go back to the links in the chat once again and pursue them. Meredith has mentioned the ARL code, which I think is perhaps particular interest, but any and all of these, including perhaps the media literacy code may be of specific interest to you. Next slide, please. So like all the other codes, this one is organized into categories. The categories are announced by descriptions and those descriptions are followed by statements of principle, the statement of principle being in effect an assertion based on the methodology that I described earlier that broadly speaking, the Fair Use Doctrine applies to uses in this category. The first here is the most sort of traditional perhaps is the way of describing it. When you are actually talking or intending to talk with students about a particular, about a poem or about an image or about a video clip or about a song, those are objects of criticism and commentary and they can be pursuant to Fair Use incorporated into your OER materials, not just referenced, but actually made part of those materials. There are some, someone that saw that proposition, I'll come back to that in a moment, but first let me introduce the next category. This is, I think, the next slide, please. This is, I think, perhaps as straightforward from a legal standpoint as the first, but more controversial, I think, in practice not only in the OER field, but in other fields as well. So it's very important, we think it's very valuable for the code to assert that when you use a so-called insert, that's terminology that we are using to refer to a copyrighted, a discrete copyrighted object, all are part of which gets pulled into OER material. When you use a copyrighted insert, it doesn't have to be because it's an object of critique. It could also be because it serves the purposes of illustration, because it advances your argument or your pedagogical goal without necessarily being a specific object of reference in its own right. And that's a big category. In practice, I think it may be at least as important a category as the former one and the code strongly subject, again, to some limited considerations, which I'll discuss in a moment, endorses the principle that fair use applies here. Next slide, please. As it does, a form of incorporation of third-party material, a form of the use of inserts, that I think may be of special interest in certain categories of OER, language teaching, for example, or media literacy instruction, just a name too. And this is the category that involves bringing copyrighted third-party material into the OER materials so that students can practice skills and develop competencies working with it. And that work may or may not find its way directly back to the classroom. So in a language class, one might want to import a chunk of a foreign language television series or some articles from current newspapers in the field so that students can get a hang in the fact of how the language is actually being used. We'll come back perhaps to media literacy later, but let's go on to the fourth category. So far I've been talking about, next slide, please. So far I've been talking about categories of uses that involve the insertion of copyrighted objects directly in more or less discreet form into OER materials. This last category could involve that kind of use, but it could also involve the incorporation of structural elements of three existing works, including educational works, which are attractive or suitable for a attractive or suitable borrowings where a new OER offer. And as you'll see when you read, if you have not already done this discussion, the primary focus here is on out of commerce educational works, books and even textbooks, which are no longer being used or sold widely and the discussion is around how much or how little of that content is appropriate to borrow for a new project. And again, the principle is that fair use applies, but next slide, please, like all of these principles, the final principle is subject to some conditions or considerations or limitations. You have to have a read the code itself to see exactly what they are. They're somewhat different from principle to principle, but broadly speaking, they involve such things as always giving appropriate attribution to the sources of the material you're using and always being prepared to tell a true and convincing story about why you are using that particular material. Be an instructor being at a structural element of a preexisting work and why you are using the amount of material you're using. It's an old kind of sort of bit of urban folklore about copyright that about fair use that fair use can never apply to the use of a whole work. Well, that's nonsense. There are plenty of examples. And the law tells us that fair use applies to the amount of an existing work that is appropriate to the new purpose for which it is being used. So you have to be always prepared to explain why this and why that much. And if you are, you are always, you know, let's say seven eighths of the way to having a robust, defensible fair use argument on which you can rely with confidence. Finally, I will just mention that you will see that the section of the code that I've just been describing includes with a short discussion which is referred to as identifying fair use. As identifying fair use. In other words, we think that like other users, OER makers can and should acknowledge that their materials have been made in reliance on fair use and even that particular insertions in their materials have been made on that basis. The code doesn't prescribe a particular way to do that. Instead, it describes a range of options, all of which can satisfy that objective. But everyone who worked with us on the code or almost everyone felt strongly that this was a part of good practice and we therefore wanted to include it with some sort of fleshed out development in the code. And here I will stop. Thank you very much, Peter. In this next section, I'm gonna introduce my colleague, Will Cross to talk a little bit about the next set of our work, which is an implementation project that has been funded by the Institute for Museum and Library Science Services to talk about how we can take the code and really move it from this document to part of different practice communities work. Will, thanks for joining us. Thank you so much, Meredith, for that kind introduction and thanks everybody for being here. So yeah, if we could go on to the next slide, we're tremendously excited. We built the code as a way to do things and now we're sort of rubbing our hands together. We finally get to start making things. So this is the good stuff in some sense. There are three aspects to the work we're doing with the generous support from IMLS. So I'm quickly gonna walk through what we're gonna be doing and what we're gonna be working with other folks to do over the next couple of years. Then we have a special guest who's gonna talk about one example of that. And then we're going to open up the floor and have a good conversation about other opportunities as well. So the first thing we're gonna be doing to support engagement with the code is getting our hands into the ground and preparing open educators to really use the code at a granular level. We're gonna do some training and some workshops that are specifically targeted at individual people making open educational resources and at the copyright library folks who are often there as the guidance for managing copyright in that context. We're gonna do that work in a way that's grounded in existing networks and communities. So I've got an image from the Library Copyright Institute over here, they're already doing really good library copyright instruction. Why not work with them in some sense, right? So working in those individual networks, we're gonna focus specifically on incorporating third party materials to improve pedagogy, to improve resilience and to improve inclusivity of open educational resources in a variety of different ways. And one of the outcomes of that training is gonna be a set of sort of ready-made open education copyright experts who are prepared to engage with the second phase of our work, which is on the next slide. Thank you so much. So the second thing that we'll be doing over the next couple of years is identifying and working with a set of what we're calling OER Development Fellows. These are small discipline-specific teams who say we're doing great work and we are ready in prime to create a new OER in this case, language learning. We pointed to two of our partners at the Open Language Resource Center and Coral here who are likely partners in this work and we're having productive conversations with. So we'll work with them to develop their resource to create new OER that are only possible or only possible to do well with the code. This is a theme we've heard over and over. Sometimes it's, I can't make this resource without fair use, but just as often it's been I could make a resource, but it wouldn't be very good. I wouldn't be very proud of it, right? So these are folks who can say we have a specific use case that's gonna be made good and made well by use of the code. In addition to that, we're gonna be working with some different communities who are gonna take existing open educational resources and update and diversify them so they're more reflective of the individual learner communities that are using that resource. I love the, Canada has the great sort of Canadaizing work that's often done where you take a US resource and make it meaningful locally. We've also had some great conversations with folks in HBCUs about making materials that mostly feature a picture of folks who look like me look more like the people who are in those communities as well. So making new stuff and then making old stuff better and more localized and more meaningful. And you can see that we've articulated at the bottom here a set of the disciplines and communities we've already had some conversations with and we've already got some projects underway with. And then we're gonna talk about some more in a minute as well. So we're training people up, we're working with people to develop some new OER or to make OER better. And then on the next slide, I'll talk about the third thing that we're gonna be doing. The third thing we're gonna be doing as we work with these development fellows is we're gonna ask them to, as we move throughout that process, share that work, share lessons learned from that work and then create at the end a set of open resources that can be used downstream by other folks in that same community. So the language learners start building their OER, they work for a couple of months and they learned that these two things were great and these three things were really didn't go the way they were hoping. They do a webinar or a workshop that says, here's where we are in the process. Here's what we've been up to. They will also, as that process goes forward create a set of implementation documents. At the end of the day, here's how we did it. Here's how we think you should do it and that will be presented in the context of the case study of creating that specific open resource. And then finally, all of those materials will be brought together into a series of new OER on implementing the code of best practice and fair use in language learning or in the health sciences or in the other communities that we've been working with. So that's sort of the blueprint. That's the broad overview of the plan that we're thinking about. Let's dig in a little bit deeper now and have me hush up. We're really excited to have Emily here to talk about one example of what that work is going to look like over the next couple of years. So Emily, as we move to the next slide, if you could talk a little bit about what you've been thinking about. Thanks so much, Will. And it's great to be here. NCTE is looking forward to working with this team and teams of teachers. We will have a call for a fellowship opportunity forming a cohort of study, which will take place in the spring and over the summer and also a special institute at our annual convention next fall. Literacy, language, English teachers, media studies teachers face real life questions about this every single day. If we can advance to the next slide. Here you see a picture of very famous author, George Orwell. And you can imagine a teacher trying to bring Orwell to life while teaching Animal Farm or 1984 titles that are ubiquitous in classrooms. And to teach author's perspective and point of view, the teacher very well may want to delve into Orwell's life in order to further interrogate the perspective that the author brings to texts. So a real life question might be, could this image that the teacher found in a brand new book that just hit the streets in the last two weeks, could this be embedded in an educational resource without fear of some sort of improper attribution or some other type of penalty thrown at them? Taking this a step further, as we think about in English and language classrooms all the time, public language and public language that may be inspired by a particular text if we could advance to the next slide quickly. Could a teacher pull particular passages from news stories that might have even been written, say today or yesterday and use them in materials to further communicate the realistic nature of the subject matter of public language? Here you have a quote pulled from a very prominent opinion piece written by George Will. Again, what we're trying to bring to life are the very real examples of how this plays out in the discipline that must be taught K-12 in every single grade. And we look forward to having a very active cohort or maybe more working on this from an inquiry-based perspective where we're acknowledging the leadership and the expertise of teachers and they're actually driving the inquiry and best practice forward within the discipline of teaching literacy, language, composition and more. Back to you, Will and Meredith. Thank you so much, Emily, for that nice introduction. We're really excited to be working with you and with NCT on this great project. So on the next slide, we're just about 10 till and I wanna make sure we have time for questions and discussion. So I'll just say very briefly here, we have started developing an initial set of projects but we wanted to open it up and invite people to talk to us about what other opportunities are there as well. So on the next slide, I mentioned the four areas that we've already, sorry, that's the one, thank you much. We've identified these sort of four practice community opportunities of spaces that seem especially promising and we've started having some good discussions with folks in that space around language learning, as I mentioned, around doing better jobs of representation with HBCUs in particular, focused on some health science opportunities and then working with LIS and open knowledge communities as well to create those resources. So those are sort of the known knowns as it were, the first places that we know we're gonna be working but on the next slide, we have probably the most important thing we're gonna put up here today which is the form for you to reach out to us and talk to us about have you considered this or I'm excited about that or for 20 years I wish that was out there and that sort of thing as well. So in the remaining eight minutes or so, we're gonna open up the floor and invite you to have a conversation with us. If you want to just jump into the form as well and share in that space and we are excited to answer any questions you have, to dig deeper into anything we talked about, to respond to any furious harangues you'd like to throw at us, et cetera, we're happy to open the floor and have that conversation now. Meredith, Peter, Emily, anybody else wanna add anything before we start taking questions? No, I mean, I think the only thing I would add is something that maybe we should have said at the very beginning, which is that, the law and the sort of legal principles of fair use are really very similar from field to field, the way you think about fair use in nursing professional school and the way you think about fair use in third grade English materials. The law is really thought about the same way, but the practice really looks fundamentally very different. And our hope here is to find out sort of what are the repeated questions in different practice communities so that this can become something that's sort of more concrete and less abstract. Okay. Looking for any questions? Anyone who has a question that they wanna drop into the chat, otherwise we might talk through a couple examples that we think are really current and sort of urgent in different areas of practice. I'm gonna give a minute to let people hop in the chat, though. While people think about questions, Emily, if you're able to unmute, maybe we could talk about one or two things that we had discussed about examples in teaching, in English, we had talked a little bit about the ways in which English education is not just sort of the like historical grade books, that there's a lot of sort of engagement with current events, with questions about how we think and evaluate in media literacy context. Do you wanna hop in and say a little bit about what you think might be some of the challenges or opportunities there? Sure. And I think it's important context to bring to the table that English and English language arts teachers are really stretching themselves to teach media literacy and discourse in ways that are relevant and fit the pace of today's students. So on top of that challenge and call, teachers have an abundance of questions about what's legal and what's possible. And yet they're being met with the expectation that they move forward so quickly. And there's a growing interest and expectation that emerging events be included in this teaching. And so having a repertoire and having education going into this, that it gives them the competence and the guardrails to operate is really what's needed to fuel more teacher agency in the use of OER and beyond. So this is really matching where student needs are and are growing. And again, it cannot be emphasized more strongly the need for the teaching community to move forward quickly and often under very pressured circumstances. So having this background of education and guidelines and again, an operating repertoire is how I like to think about it. Really needs the 21st century needs of students today. Thank you, Emily. And I think that brings up a really good point, which is the codes serve a couple of different functions. One is helping authors and teachers understand fair use. The other I think is also providing this reassurance, which also speaks to another question in the chat about risk, which is that when you're making fair use decisions that you're not sort of making them on the fly that there is this robust framework you're making them in that's been externally reviewed that has had this legal review and that therefore the risk is really limited. There's a question about how to sort of talk about risk to admit when you're talking to administrations or you're talking to people who are more risk averse. And I think there are really three key pillars there. One is to say, we're not making these decisions in the dark, we have this code, it's been reviewed by these outside lawyers, not the decision, but the code itself. Two, that this is actually a really low risk core area of fair use. And then three, and I think you cannot have the risk conversation without this, that we, the counter balancing risk is that we're making worse materials that are less accessible if we don't do it. Because if you only look at the risk side and say, can you guarantee me that there is zero risk? That's gonna be a really hard thing to say. There's never zero risk. Like openly licensed content isn't zero risk, it could be mislabeled, it could be not really open, life has risk, but the risk is really low. I think what you have to bring into the conversation is if we don't do this, what is our risk? Are our materials worse? Are they not meeting all students' needs? Are we in fact not having materials that are accessible or what is that other counter balancing piece? Because I think you can't have the risk conversation if you only talk about one side. Can I jump in for a second too, Meredith? Okay, the other thing I wanna say is you're right that we take a lot of different risks. Fair use is actually one of the safest risks we can take. There are specific procedural protections in section 504 and otherwise that say, if you get your fair use wrong, you have these protections. If you get your public domain analysis wrong, you're out of luck, right? So from a purely legal standpoint, there's much less risk in getting your analysis wrong. Above and beyond that, because fair use really centers the core expertise of the subject matter experts. Are you doing what a good instructor would do? Are you doing what a good scholar would do? Faculty are often much better positioned to understand what good practice and thus what fair use looks like there than they would be if I asked them if they're in compliance with the Teach Act, for example. If I might, I wanted to make a transition from that very important observation back to Rachel Becker's question about how to convince administrators that this is something that they can really more or less safely take advantage of. Everything that Meredith and Will have said is relevant to this, but there's another point too and that is historical and that is that the code, we have sort of evidence from the other codes that the code itself is a valuable tool in that area of persuasion is in effect a set of talking points, but it's also evidence of both community consensus and broad support from legal experts for the principles described. So, lots of people in different practice fields in the past have had success taking the relevant code to the administrator or the campus legal counselor or whatever it may be and in effect saying, look, this is what the field thinks. This is why it's important. Why can't we do it? And believe it or not, that seems to work and I'd encourage you to try it. So I'm gonna say quickly, we're at 140. I think we can hang around for another 10 or 15 minutes if folks would like to talk, but I wanna say that officially the session the session has come to an end. So our moderator at least may have to dash off. I however, we'll talk about copyright to infinity and beyond. So hang out if you're interested. I'm happy to hang around as well if anyone likes. Any other questions we've got in the chat? We had a discussion about how earlier about how...