Content Review - Meeting 1 - April 1, 2008

Legal &amp; Policy Mtg - April 1, 2008 ITEMS ON THIS PAGE ARE UNDER COPYRIGHT and CURRENTLY IN REVIEW BY OPEN MICHIGAN LEGAL AND POLICY TEAM

Contents

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

Slide 1 Patient Privacy


Questions:


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

Slide 2 Patient Privacy


Questions:


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

Slide 3 Patient Privacy


Questions:


 * Image of child inappropriate?

Slide 4 Product Endorsement


Questions:


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

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


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


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


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

Rule:


 * Prefer not to name or display commercial products explicitly.

Action:


 * remove image

Slide 5 Product Endorsement


Questions:


 * same as above.

Slide 6 Logos


Questions:


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

Slide 7 Recreating Images




Questions:


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

Slide 8 Large Quote


Question:


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

Slide 9 Kanye West - Rolling Stone



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


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

Slide 10 Leptin - Comparison



 * Necessary Comparison being made.

Slide 12 Ras -MAPK Pathway - unique


Question:


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

Slide 13Turner Syndrome - Genome


Question:


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

Slide 14 Cretinism


Question:


 * Same

Slide 15 Cretinism


Question:


 * Same

Slide 16 TSH receptor


Question:


 * Same

Slide 17 RET Mutations


Question:


 * Same

Slide 18 DNA Expression and H&amp;E stain


Question:


 * Same

Slide 19 Famous Names - Commentary


Question:


 * Same

Slide 20 GH/IGF-1 Axis - Transformative


Question:


 * Is this transformative?

Creative Expression
Question:


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

Slide 21 Obesity in America Map


Question:


 * Is there enough creative expression to merit copyright?

Slide 22 Bar Chart with color


Question:


 * Is there enough creative expression to merit copyright?

Slide 23 Basic Graph


Question:


 * Is there enough creative expression to merit copyright?

Slide 24 Basic Bar Chart


Question:


 * Is there enough creative expression to merit copyright?

Slide 25 Basic Graph and Bar Graph


Question:


 * Is there enough creative expression to merit copyright?

Slide 26 Basic Bar Graph


Question:


 * Is there enough creative expression to merit copyright?

Slide 27 Bar Graph with color


Question:


 * Is there enough creative expression to merit copyright?

Slide 28 Histograph


Question:


 * Is there enough creative expression to merit copyright?

Slide 29 Basic Illustration


Question:


 * Is there enough creative expression to merit copyright?

Slide 30 Color Graph - Cortisol


Question:


 * Is there enough creative expression to merit copyright?

Slide 31 Chemical Representation


Question:


 * Is there enough creative expression to merit copyright?

Slide 32 Molecular Action


Question:


 * Is there enough creative expression?

Slide 33 Circadian Rhythm


Question:


 * Is there enough creative expression?

Slide 34 Growth Charts


Question:


 * Is there enough creative expression?

Slide 35 Growth Charts


Question:


 * Is there enough creative expression?