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NIOS Copyright Policy

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Background

The National Institute of Open Schooling (NIOS) initiated development of Open Educational Resources (OER) for its courses for the benefit of the students pursuing their studies through Open and Distance Learning (ODL) system at school level. These OER will also be accessible to all learners interested in development of their knowledge and skills.

Purpose

NIOS is committed to the dissemination and open sharing of the OERs with an objective to :

  1. enhance the accessibility to quality education for all.
  2. Make learning simple and enjoyable.
  3. ensure continuous upgradation of content
  4. foster sharing among the participants in learning process.
  5. achieve equitable recognition for the content creators while maximising the benefits for learners.

Definitions

In this policy:

Intellectual property (IP) refers to the exclusive rights including economic and moral rights arising from creative works developed to support teaching and learning.

Outputs are the tangible products that are created by an individual or group of individuals. This may include, for example, course design documents, learning materials, curricula, and learning activities expressed in any tangible form including print, video, audio and digital formats.

Outcomes are the consequences and benefits which may arise from the development of, or use of, IP for example, strategic collaborations or monetary return on IP.

Copyright is the subsection of IP law which grants original creators (authors, musicians, artists and other creators) and owners by virtue of creative works produced in the course of employment, the rights of ownership and protection against unauthorised uses of their works for a fixed period.

Licenses refer to the legal mechanisms and tools for copyright holders to grant permissions and/or specify conditions for the use of copyrighted works.

Open Educational Resources (OER) are resources and materials used to support education that may be freely accessed, reused, modified and shared by anyone.

Statutory, external policy and 3rd party contract compliance

  • Under the provisions of this OER and copyright policy, NIOS members are required to comply with:
  • the national copyright act of home country regarding the ownership, rights and protections,
  • and transfer of rights of the copyright holder, and/or
  • the IP or copyright policies of the respective NIOS or employer, and/or
  • the requirements regarding ownership of IP specified in any employment contracts, and/or
  • the requirements of 3rd party contracts in accordance with the intellectual property and
  • copyright provisions specified by the contractor.
  • Where creative works are to be shared with the NIOS under the provisions of this policy, the
  • contributor is responsible for clearing the transfer of rights including assignment or licensing rights under the provisions of this policy.
  • Where creative works are to be shared with NIOS under the provisions of this policy, the contributor is responsible for clearing the transfer of rights including assignments or licensing rights under the provisions of this policy.

Policies and Procedures

Ownership of IP and Copyright

In general all IP and the copyright of outputs and outcomes arising from that IP are owned by their creator and /or employer where creative works are produces in the course of employment on condition of employment on the condition that the outputs meet the licensing principles and OER principles specified below in this policy.

Licensing principles

  • As licensing of IP is central to the OER concept, NIOS will use the free and open Creative Commons licenses as the core licensing principle for OER outputs of the network.
  • Creative Commons Attribution (CC-BY)
    • CC – BY License is preferred for the freedom of future users of the OER produced by the network.
  • Creative Commons Attribution ShareAlike (CC-BY-SA)
    • CC-BY-SA license can be used where it is deemed necessary to perpetuate the OER freedoms for derivative works or where source materials used require derivative works to be licensed under the ShareAlike provision.
  • Creative Commons Attribution ShareAlike Non-Commercial (CC-BY-SA-NC)
    • CC-BY-SA-NC license can be used to remix, tweak, and build upon your work non-commercially, as long as it credits you and license the new creations under the identical terms.

OER principles

The NIOS supports the educational values that OER should be free. This means that to qualify as OER:

• there must always be a version of the materials freely accessible at no-cost to the user (gratis); and

• users must have the freedom to reuse, revise, remix and redistribute the materials within the framework of CC-BY-SA-NC license.

  • OER should, where possible, be stored and published on the Internet in open and editable file formats so they can easily be accessed, reused, modified and shared for the benefit of all.
  • NIOS supports collaborative partnerships for optimisation of the potential of OER and communities of practice.

The IP and copyright of student's creative works

  • This policy does not attempt to assert copyright or licensing provisions on the creative works of learners.
  • The NIOS will provide objective advice to learners regarding their rights to assert copyright over their creative works and the advantages and disadvantages of open licensing alternatives.

Course design and development

  • NIOS encourages open and transparent design and development of courses using open and accessible technologies to facilitate collaboration, avoid unnecessary duplication of effort and to improve sharing of resources within the NIOS community.
  • Where new and revised courses rely on third party all right reserved copyright material the course development team should research and use open access or OER alternatives/replacements.
  • NIOS will keep an open inventory of OER courses produced collaboratively with links to editable versions of these courses for the benefit of all.

Summary

NIOS OER Policy states the following

  1. Open Educational Resources (OER) are resources and materials used to support education that may be freely accessed, reused, modified and shared by anyone.
  2. NIOS OER will also be accessible to all learners free of cost, interested in development of their knowledge and skills.
  3. NIOS OER aims to enhance the accessibility to quality education for all.
  4. NIOS will use the free and open Creative Commons licenses as the core licensing principle for OER outputs.
  5. The Materials will be made available to reuse, revise, remix and redistribute the materials within the framework of CC-BY-SA-NC license (detailing).
  6. NIOS OER will ensure continuous upgradation of content
  7. NIOS encourages open and transparent design and development of courses using open and accessible technologies.
  8. NIOS foster sharing among the participants in learning process.
  9. National Institute of Open Schooling, 2013

CC-BY-SA-NC

© 2013 by the National Institute of Open Schooling. National Institute of Open Schooling for Open Educational Resource (OER) and Copyright Policy is made available under CC-BY-SA-NC of Creative Commons

http://creativecommons.org/licences/by-nc/3.0

Bibliography

Primary sources

Commonwealth Open Schooling Association (COMOSA) Open Educational Resource (OER) and Copyright Policy

Commonwealth of Learning

March 2012


Secondary sources

http://creativecommons.org/

http://nptel.iitm.ac.in/