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Eco-Innovation Skills for European Designers

Deliverable D4.2 OER Agreement


Version 02
Lead Beneficiary: CSFPM (Romania)
Approved by: All Consortium
Dissemination Confidential, only for members of the consortium (including
Level: EACEA and Commission services and project reviewers)

Beneficiaries
P1 Slovenian Tool and Die Development Centre TECOS SI
The Faculty of Electrical Engineering and Computer
P2 MARIBOR SI
Science at the University of Maribor
P3 Center Republike Slovenijeza Poklicnoizobrazž evanje CPI SI
Centro Tecnoloó gico Nacional de la Conserva y
P4 CTC ES
Alimentacioó n (CTC)
Asociacioó n Empresarial Centro Tecnoloó gico del Mueble
P5 CETEM ES
y la Madera de la Regioó n de Murcia
P6 Regional Service for training and employment SEF ES
P7 TEXCLUBTEC TEXCLUBTEC IT
P8 Centro Tessile Cotoniero e Abbigliamento Spa CENTROCOT IT
P9 AICQ SICEV Srl SICEV IT
P10 INCDBA IBA Bucharest IBA RO
Asociaţia Auditorilor şi Evaluatorilor de Mediu din
P11 ECOEVALIND RO
Industrie
National Romanian Sectorial Committee for Vocational
P12 CSFPM RO
Training in Environmental.

Prepared Verified Approved

Elena Laslu
Domnica Cotetț
Mihail Gabriel Laslu
Ana Maria Albu
Gheorghe Bucaă taru All Consortium All Consortium

Project Number: 562573-EPP-1-2015-1-SI-EPPKA2-SSA


Project Start Date: 01/11/2015

Disclaimer: The European Commission support for the production of this publication does not constitute
endorsement of the contents which reflects the views only of the authors, and the Commission cannot be
held responsible for any use which may be made of the information contained therein
TABLE OF TRACK CHANGES
Version Date Changes

1 10/05/2018 Initial version of the document

30/09/2018 2 Version
nd
2

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TABLE OF CONTENTS
0. Abstract………………………………………………………………………………………………....……… 4

1. Introduction………………………………………………………………………………………………….. 5

1.1 Main requirements…………………………………………………………………………………………… 5

1.2 About OER and open / free licenses…….…………………………………………………………….. 7

1.3 Copyleft vs Copyright……………………………………………………………………………………….. 12

2. Objectives …………………………………………………………………………………………………...... 13

2.1 Why it is needed to protect our education materials under Open Licences………….. 14

3. Roles and responsibilities ………………………………………………………………………..…. 16

4. Criteria for choosing an open license for ECOSIGN MOOC courses…………….… 19

4.1 Open License Recommendation according to "ECOSIGN” Project……………………... 20

5. A brief analysis of Open Licenses available …………………………………………………. 21

5.1 Required Permissions………………………………………………………………………………………. 21

5.2 Acceptable Conditions……………………………………………………………………………………… 22

5.3 Available Open Licenses…………………………………………………………………………………… 23

5.4 How can an author apply an open license……………………………………………………….…. 30

6. Creative Commons licenses (CCL)…………………………………………......………………….... 31

6.1 How CC open licensing works…………………………………………………………………………… 32

6.2 Which are the open licenses forms, offered by CC………………………………………..…….. 34

7 Final proposed conclusions on CCL selection…..…………………………………………… 40

8 OER Agreement…………………………………………............................................................................ 47

8.1 OER definitions……………………………………………………………………………………………….. 47

8.2 Alternative ”OER Agreement” forms………………………………………………………………….. 52

8.3 Final conclusions on OER Agreement ……………………………………………………………….. 57

Annex 1: APPENDIX ON INTELLECUTAL PROPERTY TO THE PARTNERSHIP AGREEMENT

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0. Abstract
The main results of ECOSIGN Project will be a new joint curriculum (JCV) and a
training course for European Ecodesigners that will add skills and competences to
the designers regarding environmental technologies.
Also, it will allow designers, from one specific sector, to change their industrial
activity to other sector.
The new training course will be formed by Open Educational Resources (OER)
protected by open licenses and available in Massive Open Online Course platforms.
The VET providers will develop text, presentations, audiovisual materials for the
learning contents. Also, during the Project development all the partners involved will
produce many other materials which can be valuable learning sources for target groups
and for anyone who wants credible and technical information in the field of ecodesign.
All these materials will be published either on our own ECOSIGN website or on
various e-learning platforms, on MOOC platforms and will be accessible free of charge
and open to all those interested.

These materials (mainly dedicated to professional training) will


be created as Open Educational Resources(OER).
But what is the main way to highlight / make known to everyone that an
(educational) material created is an OER (Open Educational Source)?
Perhaps the author's mere intent of wanting everyone's free access to his
(educational) material he created and allowing them all to do what they want (copy,
modify, reuse, etc. even to sell it) is not enough and can not convince anyone. If he
changes his mind ?! and problems arise for those who use his material.
The problem is solved simply: the author will concretise his intention by marking
the material with an open license. Once so marked, the (educational) material truly
becomes OER, and any ambiguity about its free use permissions is eliminated.
Apparently, a material is freely accessible and usable in any way (copying, modification,
reuse, etc.) if it is left without any copyright notice. But it's not like that. Lack of
copyright strikes does not necessarily mean that the material is free from any
constraints. Doubts are created. It is therefore necessary to apply the open license mark
(eg Creative Commons license) if the author truly wants his material to become a
genuine OER.
However, the creation of the materials implies the sustained effort of consortium
authors (especially VET providers) who have used their own original contributions and
eventually accommodations from other Open Educational Resources available, finally
resulting assembled materials with their own identity, originality, novelty and
innovation accents.
In this situation, although the materials are intended for the free and unhindered
access of all those interested, their paternity must not be forgotten, but even
highlighted and recognized, obviously in a way that maintains the free and open

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character of the materials, while at the same time making the authors and users of the
materials somehow responsible.

Taking into consideration these aspects and many others collateral there is a
need for the licensing of materials that are Open Educational Resources. Licensing
must, however, preserve the open nature of the OER that it protects, but meanwhile it
must provide sufficient confidence to both the authors and users of these OER

Creators and authors of texts, presentations, videos, articles and other


educational materials can place an open license like a Creative Commons license on
their works.

The Creative Commons license tells everyone ”hey I'm giving you permission to
reuse, revise remix and redistribute this material to everyone around the world”

When a creator or author applies an open license to their educational materials we


call the result an open educational resource (OER). OER are are so critically
important because they unlock the full technological power of the Internet.

1. Introduction
1.1 Main requirements derived from the ECOSIGN Project
Provisions concerning the delivery of OERs
 ECOSIGN main outcomes will be placed in OER e-learning platforms to
maximize the access to training.
 The new training course will be formed by Open Educational Resources
protected by open licenses and available in Massive Open Online Course
platforms
 The VET providers will develop audiovisual materials for the learning contents.
When posted these materials should become OERs
 Deliver the JCV on e-learning OER Platforms and protect it under open
licenses .
 VET authorities will work together in WP4 in the Course delivery on OER e-
learning platforms (Milestone 4) by monitoring the development of the JCV.
 VET authorities will ensure that all contents are available in at least 5 OER
platforms and consequently protected by Creative Common Licence.
Also there are to be underlined some considerations concerning the Exploatation
Plan which are also related to the OER concept and open licenses with reference to the
educational materials from the ECOSIGN Project implementation, materials may be
exploited for further development of the ecodesign qualification process both at
Consortium level and outside at the European level:

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 ”The exploitation plan will provide information about the potential results of
the project and will define a proactive behaviour to protect them under open
licenses.
 The use of the ECOSIGN learning outputs, in own training platforms or
transferring them to face to face learning, will be studied as possible, but also
under open licence, as long as they are (and should remain so) OERs.

 The results of the ECOSIGN project will be placed in the project website where
the different teaching and learning materials will be available to download.
This section of the website will be open-accessed and teachers and
learners will have free access to download tutorials, good practices manuals,
video-clips, audios, etc.
Each of these digital materials will be open licensed and so will avoid
the automatically applied copyright restrictions.
The aim to open-licence the work and results of the project is also to help
others to attribute the author.
 Within the project website a separate section for uploading the contents will be
defined.
In this open-access section teachers and learners will be able to download
resources such as:
 Text: Teaching tutorials, best practices tutorials, modules content,
templates, exercises, etc
 Images: Logos, photographs, diagrams, etc
 Video: Video Tutorials, animations, etc
 Audio: Audio-Tutorials, music, etc

All of these contents will have the most used multimedia formats like: DOC, TXT,
PDF, HTML (for text); PNG, JPG, PDF (for images); WAV and MP3 (for audio); AVI, MP4,
MPG (for video). Using these formats will make easier its use by the most part of users.
All these materials should be protected by open licences, making thus them
some genuine OERs.
As it can be seen, all of these key requirements relating to the (educational)
materials created within the ECOSIGN project, particularly in the WP3 work package,
and the to the creators of contents (within Consortium) associated with these
materials, share two elements, which must ensure maximum openness and
accessibility of these educational materials:
 OER and
 Open licenses.

This makes it necessary to consistently define the two concepts (OER and Open
License) to ensure a common and consistent approach by all Consortium members to
the OER issue and associated open licenses.
On the other hand, it can be observed that when we analyze whether the
materials produced in the ECOSIGN project are or NOT, or can become genuine OERs,
one can not clearly separate the issues related to the creation of educational materials,

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of those related to their publishing (on platforms and sites from the the Internet) and
consecutively of those related to their licensing (under open licenses)

For this reason, the fulfillments of tasks T4.2 (delivery of the course in selected
MOOC platforms) and T4.3 (OER Protection) are strongly interconnected and can
not be tackled separately.

1.2 About OER and open / free licenses


Open Educational Resources (OER) cause a major change in education.

With this kind of resources, anyone can move to a learning system where age,
place on the globe and financial possibilities are no longer relevant to having access to
educational materials, such as courses, manuals, exercises, tests or educational games.

Moreover, anyone may have access to more teachers, to more than one form of
education and anyone can effectively contribute to the improvement of learning
resources due to the free way in which educational resources are licensed.

And this not only in the digital environment or necessarily having Internet
access.

 What does Open Educational Resources mean?


Open Educational Resources or OER (as we often find abbreviated) are materials
for learning, teaching, research or other educational purposes that one can use, adapt
and redistribute freely, without constraints - or with very few restrictions - related to
copyright.

Materials (educational)can be:

 lessons,

 lesson plans,

 presentations,

 books,

 textbooks,

 homeworks,

 questionnaires,

 classroom or lab activities,

 games like learning activities,


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 simulations,

 tests,

 audio or video resources,

and many more made available in digital format or on a physical support and to which
anyone has free access.

In order for educational resources to be OER, they must have an open license.

Many educational resources made available on the Internet are geared to


allowing online access to digitised educational content, but the materials themselves
are restrictively licensed. Thus, they are not OER.
Often, this is not intentional. Most teachers / educators / formators are not
familiar with copyright law in their own jurisdictions, never mind internationally.
International law and national laws of nearly all nations, and certainly of those
who have signed onto the World Intellectual Property Organization (WIPO), restrict all
content under strict copyright (unless the copyright owner specifically releases it
under an open license).
The Creative Commons license is the most widely used licensing framework
internationally used for OER.

Remarks:

There may be content creators (within WP3) from VET providers who may not be very happy
to share their educational creation for free, or even without a guaranteed copyright protection,
since the same type of created content (or maybe even the same content) they previously
distributed (or might distributed) in face-to-face courses (even perhaps online) for a fee, but
especially for which content they could retain their exclusive copyright.

Is it possible to console these potential content creators (even if it is unlikely to exist such ones
in the Consortium), given that the materials "created" within the ECOSIGN project must be OER
and therefore free and licensed under an open license?

An answer to this issue could be as follows:

 In this study we do not want we do not want to neglect aspects that exist in real life,
however improbable they are in the ECOSIGN Project, and find a commonly accepted
solution for these issues too.

Thus it is known that OER (Open educational resources) often involve issues relating
to intellectual property rights.

Traditional educational materials, such as textbooks, are protected under


conventional copyright terms.

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However, alternative and more flexible licensing options have become available as a
result of the work of Creative Commons, a non-profit organization that provides
ready-made licensing agreements that are less restrictive than the "all rights reserved"
terms of standard international copyright.

These new options have become a "critical infrastructure service for the OER
movement."

These licenses (Creative Commons) have the aim of sharing and reusing the created
work under some special conditions.

The author authorizes the use of his work but it will be protected and his authorship
recognized. For every material a sort of the CC license will be chosen.

The best way of ensuring that the author will be remunerated is excluding commercial
uses and adaptations. This is "Attribution Non-Commercial No Derivatives".

The author has the right of the exploitation of his work whenever he considers.
Also he will be able to exploit it with a different kind of license (CC or other) or even to
retract it (but the original CC license will still be valid).

 What is an open / free license?


Most of the accepted definitions of the OER call for the existence of an open
license associated with educational materials constituting those OERs.
Even it is almost universally accepted that no published (educational) material
can be considered a genuine OER unless it is licensed under an Open License.
So it is essential to understand and agree on what is considered to be an Open
License.
Perhaps the clearest definition of Open Licenses is that which highlights what it
is not, compared to other "closed" and restrictive licenses (sometimes excessively
restrictive)

Remark:
It is important to note that when creating a work you automatically benefit
from copyright Law by all copyrights:

 reproduction (making copies),


 distribution (sale, original transmission and duplicates),

 rental,

 import / export

 loan (through public institutions)

 making derivatives(for example, translations, adaptations),


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 public communication,

 broadcasting and

 cable retransmission.

You decide on all of the above, if and under what conditions they are possible, and
no one (except with very limited exceptions) can reproduce, distribute, modify, adapt,
translate, etc. without your permission.
In any case where someone uses your work without your explicit permission, that
one can be brought to court.
What's amazing is that things happen automatically, whether you want them or
not
If you want others to distribute, edit, and modify your work without asking for
your permission, you can apply for a free / open license. Examples of free / open
licenses are Creative Commons, for text, video or image works, or GNU GPL, for
computer programs.
Generally a license is a document that specifies what can and cannot be done with a
work. It grants permissions and states restrictions.
Broadly speaking, an open licence is one that grants permission to access, re-use and
redistribute a work with few or no restrictions (definition from Openedefinition.org).
Please see the table below to see the difference between all rights reserved
copyrights and open license.

COPIRIGHT
OPEN LICENSE
All rights reserved

It is mine. But I do allow you to take my


material and repurpose it. Just remember
to make a proper attribution to me. It is
free and You do not need to ask for my
permission to use this

It is all mine. I do not allow you to take this


material and repurpose it. You need to ask
for my permission to use this

There are many open licenses developed for different areas of knowledge. However,
when it comes to open educational resources the most typical and common open
licenses used are Creative Commons Licenses.

 Open content and open licence


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Such content is said to be under an open licence.
In fact the terms "open content" and "open educational resources" describe any
copyrightable work (traditionally excluding software, which is described by other terms
like "open source") that is licensed in a manner that provides users with free and
perpetual permission to engage in the 5R activities:

The 5Rs are put forward on the OpenContent website as a framework for assessing the
extent to which content is open:

1. Retain – the right to make, own, and control copies of the content (e.g.,
download, duplicate, store, and manage)

2. Reuse – the right to use the content in a wide range of ways (e.g., in a class, in a
study group, on a website, in a video)

3. Revise – the right to adapt, adjust, modify, or alter the content itself (e.g.,
translate the content into another language)

4. Remix – the right to combine the original or revised content with other open
content to create something new (e.g., incorporate the content into a mashup)

5. Redistribute – the right to share copies of the original content, your revisions, or
your remixes with others (e.g., give a copy of the content to a friend) [3]

This broader definition distinguishes open content from open-source software, since
the latter must be available for commercial use by the public. However, it is similar to
several definitions for OER, which include resources under noncommercial and
verbatim licenses

Remarks:
Open content has been used to develop alternative routes towards higher
education. Traditional universities are expensive, and their tuition rates are increasing.
Open content allows a free way of obtaining higher education that is "focused on
collective knowledge and the sharing and reuse of learning and scholarly content."
There are multiple projects and organizations that promote learning through
open content, including:
 OpenCourseWare Initiative,
 The Saylor Foundation
 Khan Academy.
Among several conformant licenses, six are recommended:
 Open Data Commons Public Domain Dedication and Licence (PDDL),
 Open Data Commons Attribution License (ODC-BY),
 Open Data Commons Open Database License (ODbL))

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 CC BY (Licensees may copy, distribute, display and perform the work and make
derivative works and remixes based on it only if they give the author or licensor the
credits (attribution) in the manner specified by these.),
 CC BY-SA (Licensees may distribute derivative works only under a license identical
("not more restrictive") to the license that governs the original work. Without
share-alike, derivative works might be sublicensed with compatible but more
restrictive license clauses, e.g. CC BY to CC BY-NC.)
 CC0 creative commons licenses. (Besides licenses, Creative Commons also offers
through CC0 a way to release material worldwide into the public domain. CC0 is a
legal tool for waiving as many rights as legally possible. Or, when not legally
possible, CC0 acts as fallback as public domain equivalent license)
According to the current definition of open content on the OpenContent website, any
general, royalty-free copyright license would qualify as an open license because it
'provides users with the right to make more kinds of uses than those normally
permitted under the law. These permissions are granted to users free of charge.

Open content licenses available:

 Creative Commons licenses (only Creative Commons Attribution, Attribution-


Share Alike and Zero)

 Open Publication License (the original license of the Open Content Project,
the Open Content License, did not permit for-profit copying of the licensed work)

 Against DRM license (DRM = Digital rights management)( Against DRM 2.0 is a
free copyleft license for artworks. It is the first free content license that contains a
clause about related rights and a clause against DRM. The first clause authorizes
licensee to exercise related rights; the second clause prevents the use of DRM: if
licensor uses DRM, the license is not applicable to the work; if licensee uses DRM,
license is automatically void.)

 GNU Free Documentation License (without invariant sections). (GNU FDL or


simply GFDL) is a copyleft license for free documentation. The GFDL was
designed for manuals, textbooks, other reference and instructional materials,
and documentation which often accompanies GNU software. However, it can be
used for any text-based work, regardless of subject matter.

 Free Art License - The Free Art License is a copyleft license that grants the
right to freely copy, distribute, and transform creative works without the author's
explicit permission.

1.3 Copyleft vs Copyright


Copyleft is a form of licensing, and can be used to maintain copyright conditions
for works ranging from computer software, to documents, to art, to scientific
discoveries and instruments in medicine.

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In general, copyright law is used by an author to prohibit recipients from
reproducing, adapting, or distributing copies of their work.
In contrast, under copyleft, an author may give every person who receives a
copy of the work permission to reproduce, adapt, or distribute it, with the
accompanying requirement that any resulting copies or adaptations are also bound by
the same licensing agreement.
Copyleft type licenses are a novel use of existing copyright law to ensure a work
remains freely available.
In common with the Creative Commons share-alike licensing system, GNU's
Free Documentation License (GFDL) allows authors to apply limitations to certain
sections of their work, exempting some parts of their creation from the full copyleft
mechanism. In the case of the GFDL, these limitations include the use of invariant
sections, which may not be altered by future editors. The initial intention of the GFDL
was as a device for supporting the documentation of copylefted software. However, the
result is that it can be used for any kind of document.
 The Design Science License is a strong copyleft license that can apply to any
work -- not only software or documentation, but also to literature, artworks,
music, photography, and video.
It was created by Michael Stutz after his interest in applying GNU-style copyleft to non-
software works, which later came to be called Open content.

2. Objectives
According to the project Ecosign provisions the accomplisment of task T4.3, from WP4
– ”OER protection” should be performed through

 Study of the different possibilities for OER protection: Open Licenses like
Creative Commons will be taken into account.
 Also the level of protection will be discussed among the partnership.

 Finally, the materials must be licensed.

 VET authorities and providers in relation with V&R manager will perform
this task.

CETEM – VET provider (has 34 staff-days allocated for this task) with experience in
OER and CC rights will actively participate in Task 4.3.

 The results of the ECOSIGN project will be placed in the project website where
the different teaching and learning materials will be available to download.
 This section of the website will be open-accessed and teachers and learners
will have free access to download tutorials, good practices manuals, video-clips,
audios, etc.

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 Each of these digital materials will be open licensed and so will avoid the
automatically applied copyright restrictions.

The aim to open-licence the work and results of the project is also to help others
to attribute the author.

Remarks:
From the organizations side, the resources potentially exploitable for obtaining
commercial benefits will have all-rights reserved copyright.
The organizations and the authors will be able to market these resources in the
future, ensuring that it remains attributed to the original author after then content has
been shared.
It doesn't mean that the partnership will market the resources, only that
will have the right for doing it.
Furthermore, the license is a safety way to protect the author’s Intellectual
Property Rights (IPR).
The purpose of this study is to find the open license that best matches the
(educational) materials produced within the ECOSIGN Project and to declare
unanimously the adherence to the OER policy.
That's why we look forward to all proposal and suggestions from partners
regarding how is the best to reach these goals.

2.1 Why it is needed to protect our education materials under


Open Licences

2.1.1 Reasons of compliance

 ECOSIGN is a Sector Skills Alliance co-funded by the Erasmus+ Programme of the


European Union
The Commission should ensure that all educational materials
supported by Erasmus+ are available to the public under open licenses
and promote similar practices under EU programmes;
 European education and training institutions, teachers and learners should
also be encouraged to share their own educational materials freely with
peers through the use of open licenses
 A common European approach should allow publicly funded educational
materials to be freely available for all those wishing to use them for learning
or teaching.
 Furthermore, technical tools such as Open Quality Standards should help
OER producers to raise the visibility of the quality of the creation process
and the resource itself.

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 The absence of clear information on authorised uses for a specific online
learning material (e.g. text, images and videos) deters users.
 Similarly, it is difficult for authors of new content to define the usage rights
and/or limitations they wish to associate with a certain resource.
 Promoting open licences among both communities of teachers and policy
makers, as well as developing of technical tools to integrate metadata in
each resource available on the web, will increase transparency.
2.1.2 Specific reasons:

a. By sharing of the digitalized materials between students and institutions


under this licence, the content will remain attributed to the original author.

b. The intention of others to lie about the source of materials will be reduced
because they would have permission to use them.

c. ICTs will be essential for sharing the educational materials. Within the project
website a separate section for uploading the contents will be defined.

d. In this open-access section teachers and learners will be able to download


resources such as:
 Text: Teaching tutorials, best practices tutorials, modules content,
templates, exercises, etc

 Images: Logos, photographs, diagrams, etc

 Video: Video Tutorials, animations, etc

 Audio: Audio-Tutorials, music, etc

e. The author authorizes the use of his work but it will be protected and his
authorship recognized.
2.1.3 Why use an open license?
Works that are published without an explicit license are usually subject to the
copyright laws of the jurisdiction they are published in by default.

These laws typically give several exclusive rights to the copyright holder -
including the right to produce copies, and to produce derivative works. These rights
prohibit unauthorised re-distribution and re-use by third parties - and can remain
in effect until the date of death of the author plus 70 years.

While the protections offered by copyright laws are appropriate in many


circumstances, there are also circumstances in which these protections may be
unnecessarily restrictive.
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Open licenses enable creators to allow more freedom in what others can do with
their works.
Benefits of this freedom include:
 allowing others to circulate the work freely - potentially giving it a greater
circulation than if a single group or individual retained an exclusive right to
distribute;
 not forcing users to apply for permission every time they wish to circulate a
copy of the work in question - which can be a time consuming affair, especially if
the work has many authors;
 encouraging others to continuously improve and add value to a work;
 encouraging others to create new works based on or derived from the original
work - e.g. translations, adaptations, or works with a different scope or focus.

3. Roles and responsibilities


3.1 Partners roles and responsabilities in carring out the task
T4.1 from WP4.
The WP4 coordinating partner, CSFPM Bucharest, establishes through this study a
working methodology to be amended, if necessary, at the proposal of the other partners
for finding the best suitable open licence for our materials and the best way to prove
the commitment of all Consortțium members to OER. According to the project provi sions
in the implementation of WP4 all partners are involved as follows:

WP4 Training Course Delivery CSFPM

T4.1 Analyze MOOC platforms CENTROCOT/CETEM/ECOEVALIND/MARIBOR

T4.2 Delivering Course in selected


IBA
MOOC platforms.

T4.3 OER protection CETEM

T4.4 Harmonize and validate the


CSFPM/SEF/SICEV/CPI
learning units

T4.5 Validation and recognition


CSFPM/SEF/SICEV/CPI
plan.

 With regard to the D4.2 study, "OER Agreement", which represents the
deliverable from task T4.3 its implementation falls into charge of VET
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authorities and providers in relation with V&R manager will perform this
task.

the four VET authorities (CPI, SEF, SICEV, CSFPM) and VET providers (CETEM,
CENTROCOT, MARIBOR, ECOEVALIND) should work together for accomplisment of this
task

3.2 Licensing implies two roles: licensor and licensee


Even open licesing must implies the two roles : licensor and licensee

Generally a license (American English) or licence (British English) is an official


permission or permit to do, use, or own something (as well as the document of that
permission or permit).
Comming more close to our subject (educational materials developed in WP3), a
licensor may grant a license under intellectual property laws to authorize a use
(such as copying or using anyhow the teaching / learning materials) to a licensee,
sparing the licensee from a claim of infringement brought by the licensor.
A license under intellectual property commonly has several components beyond
the grant itself, including a term, territory, renewal provisions, and other limitations
deemed vital to the licensor.

If it is abot an open license almost none of those above mentioned limitations are not
in place anymore.

A shorthand definition of license is "a promise by the licensor not to sue the
licensee".

If it is an open licence, the promise becomes for sure a certitude.

That means without an open license any use or exploitation of intellectual property by
a third party would amount to copying or infringement. Such copying would be
improper and could, by using the legal system, be stopped if the intellectual property
owner wanted to do so.

But who are the licensor and licensee in our real case:

 The licensor is: the authors of the educational materials developed for the
Course content îîn WP3
This is to be discussed and agreed among the partners :

- should the licensor be considered every single specialist (mainly from VET
providers) who acts as a content creator in building the Course contents in
WP3?

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- should the licensor be considered every VET provider?
- should the licensor be considered Ecosign Consortium?

 the licensee is: all and every potential user of our materials, who are invited
worldwide to access and use them free and open (mainly for instruction
purposes)

3.3 What is the role of an open licenses provider


When we create something — let’s say just this very ”Study draft D.4.2”— we own
the copyright, which is our exclusive right as the author to own that work.

For example, I could grant the permission (more than that, I really urge you to
do this) to each of our colleagues in the ECOSIGN partnership to modyfy, complete,
comment, translate, print or adapt it in pieces or in wholw . Rather than establishing
verbal agreements, with everyone in part, I can distribute ”my work” with an (open)
license that sets the guidelines for use.

For the time being my kindly request to do whatever modifications you consider
necessary with this draft is a sufficient clear open licencse (or not?)

However if it is about a ”work” intended to more many and unknown users /


addressees and a intend to give them all freedom to do everything they want with ”my
work”, maybe it is not enough only my statement or maybe I can not underline all
aspects to make myself clear that I intend to make ”my work” free for any use. Also
maybe I do not intend to let my addressees to do some things (for example ”my work”
can not be saled). That means I need a more powerful and credible open license

Here licenses and licensing systems providers enter the scene, and they have already
prepared ready-made texts (licences) that give credibility to my intention to offer the
material / ”my work” to all potential users without restriction (or without too many
restrictions), while preserving the paternity of the original for me
These are not at all "authorities" that give me a license to do what I want to do
with my work. They are professionals who offer me the services to do better what I
want to do: to offer the material produced by me free of any copyright constraints to
the general public. These services sometimes cost, sometimes they are free.
But basically the licensor remains me and the licensees remain all my potential
users / recipients
Remarks:
In fact, under “work for hire,” the employer (VET provider, for example) holds the
copyright, not the author or creative; in many cases, this is a company or its client (let

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prohibited unless specially authorized in writing by ECOSIGN Consortium
us say ECOSIGN Consortium by contractual agreement). In such cases, the creator
retains only “moral rights” to his work, including the right of attribution.
Copyright laws are incredibly complex, but this is another issue, not of interest here.

Work that falls in the “public domain” basically has no copyright owner. You can
use, modify and redistribute it to your heart’s content. An author can forfeit their
copyright and, thus, put their work in the public domain (although it’s not quite that
easy).

 Comming back to the role of open licenses providers, it is to be underlined that


as long as the licensor remains me and the licensees remain all my potential
users / recipients, I can write an open license from scratch, but as most
people I will choose a well-known one.

The most well known open licenses provider is

Creative Commons (CC) which is an American non-profit organization devoted to


expanding the range of creative works available for others to build upon legally and to
share.

The organization has released several copyright-licenses known as Creative


Commons licenses free of charge to the public.

These licenses allow creators to communicate which rights they reserve, and
which rights they waive for the benefit of recipients or other creators. An easy-to-
understand one-page explanation of rights, with associated visual symbols, explains the
specifics of each Creative Commons license.

4. Criteria for selecting an Open License for


contents of ECOSIGN MOOC courses
A range of different open licenses exist. Each is tailored to the usage.
In order to collect our selection criteria, it is necessary to define a few common
elements of the terminology applicable to licenses issues:
 “Copy” A simple copy of the original work.

 “Modify” To alter copyrighted work in some way before using it.


 “Derivative work” The result of modifying copyrighted work to produce new
work.
 “Distribute” The act of giving someone your work under a license.
 “Redistribute” The act of distributing work and its license after obtaining it
under license from the original copyright owner.

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 “Share alike” Permission to distribute derivative work under the same or a
similar license.
 “Credit” or “attribution” The act of identifying the original copyright owner.
 “Copyright notice” A written phrase or symbol (©) informing of copyright
ownership (not necessarily required by law).
 “All rights reserved” A common copyright notice declaring that no usage rights
exist (again, not necessarily required).
 “Warranty” A written guarantee included with the license (or, usually, not).
In principle, all contents of the Course Modules developed / created within WP3
should be published on chosen MOOC platforms and should be genuine OERs, ie freely
accessible, free costs / no cost and very permissive to use for learning purposes (users
should not have any (or not too many or heavy) restriction on the use of course
materials according to their will and their needs, including downloading, copying,
modification, re-mixing, distribution, etc.)
First, the question is whether all course materials should be published under the
same type of Open License, or that for each type of material (educational) a particular
type of open license should be chosen?
This must be clarified and agreed with the contents creators within the Consortium.
However, the Open License/licenses under which Course materials are published
should have the following features:
 It allows for all copying,
 modification and
 redistribution (even commercially), provided that the original author is
attributed (with no implication of endorsement)
 all derivative work must be licensed the same way.
 User generated content is the property of the users.
 licensors can choose to grant additional permissions when deciding how they
want their work to be used.
 do not affect freedoms that the law grants to users of creative works otherwise
protected by copyright

4.1 Open License Recommendation according to "ECOSIGN


Project - Detailed Project Description (Project Number:
562573-EPP-1-2015-1-SI-EPPKA2-SSA)":
The most developed alternative licensing approach is Creative Commons (CC)28.
These licenses have the aim of sharing and reusing the created work under some
special conditions.
The author authorizes the use of his work but it will be protected and his
authorship recognized. For every material a sort of the CC license will be chosen. The
options for the CC are:
1. Allow adaptations of your work to be shared:
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a. Yes
b. No
c. Yes, as long as others share alike

2. Allow commercial uses of your work:

a. Yes
b. No

Taking in account all these possibilities, the author will be able to chose between
6 kind of licences, depending of the needs of the organization, the kind of material, etc.

The best way of ensuring that the author will be remunerated is excluding
commercial uses and adaptations.

This is "Attribution Non-Commercial No Derivatives".

The author has the right of the exploitation of his work whenever he considers.

Also he will be able to exploit it with a different kind of license (CC or other) or
even to retract it (but the original CC license will still be valid).

After licensing the materials the Consortium will follow an strategy to identify
the potential OER platforms and will set-up the materials for it availability on
platforms such as The European Commission's "Opening up Education initiative"29
and others selected for that purpose.

The open access to the educational resources is one of the goals of the WP4
Course delivery.
28
http://creativecommons.org/
29
http://openeducationeuropa.eu/en/initiative

5. A brief analysis of Open Licenses available.


 Open License Definition:

An open license should be compatible with other open licenses.


A license is open if its terms satisfy the following conditions:

5.1 Required Permissions


The license must irrevocably permit (or allow) the following:

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 5.1.1 Use
The license must allow free use of the licensed work.
 5.1.2 Redistribution
The license must allow redistribution of the licensed work, including sale, whether on
its own or as part of a collection made from works from different sources.
 5.1.3 Modification
The license must allow the creation of derivatives of the licensed work and allow the
distribution of such derivatives under the same terms of the original licensed work.
 5.1.4 Separation
The license must allow any part of the work to be freely used, distributed, or modified
separately from any other part of the work or from any collection of works in which it
was originally distributed. All parties who receive any distribution of any part of a work
within the terms of the original license should have the same rights as those that are
granted in conjunction with the original work.
 5.1.5 Compilation
The license must allow the licensed work to be distributed along with other distinct
works without placing restrictions on these other works.
 5.1.6 Non-discrimination
The license must not discriminate against any person or group.
 5.1.7 Propagation
The rights attached to the work must apply to all to whom it is redistributed without
the need to agree to any additional legal terms.
 5.1.8 Application to Any Purpose
The license must allow use, redistribution, modification, and compilation for any
purpose. The license must not restrict anyone from making use of the work in a specific
field of endeavor.
 5.1.9 No Charge
The license must not impose any fee arrangement, royalty, or other compensation or
monetary remuneration as part of its conditions.

5.2 Acceptable Conditions

The license must not limit, make uncertain, or otherwise diminish the permissions
required in Section 2.1 except by the following allowable conditions:
 5.2.1 Attribution
The license may require distributions of the work to include attribution of
contributors, rights holders, sponsors, and creators as long as any such prescriptions
are not onerous.
 5.2.2 Integrity

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The license may require that modified versions of a licensed work carry a different
name or version number from the original work or otherwise indicate what changes
have been made.
 5.2.3 Share-alike
The license may require distributions of the work to remain under the same license or
a similar license.

 5.2.4 Notice
The license may require retention of copyright notices and identification of the license.
 5.2.5 Source
The license may require that anyone distributing the work provide recipients with
access to the preferred form for making modifications.
 5.2.6 Technical Restriction Prohibition
The license may require that distributions of the work remain free of any technical
measures that would restrict the exercise of otherwise allowed rights.

 5.2.7 Non-aggression
The license may require modifiers to grant the public additional permissions (for
example, patent licenses) as required for exercise of the rights allowed by the license.
The license may also condition permissions on not aggressing against licensees with
respect to exercising any allowed right (again, for example, patent litigation).

5.3 Available licenses conform to the Open License Definition:


In the table below there are presented the most popular open licenses which
are used at very large scale. These open licenses are:

 Reusable: Not specific to an organization or jurisdiction.


 Compatible: Must be compatible with at least one of GPL-3.0+, CC-BY-SA-4.0,
and ODbL-1.0.
 Permissive/attribution-only licenses must be compatible with all 3 of the
aforementioned licenses, and at least one of Apache-2.0, CC-BY-4.0, and ODC-BY-
1.0.
Current: Widely used and generally considered best practice by a broad spectrum of projects
and actors within the domains of applicability of the license.

License Domain By SA Comments

Content, Dedicate to the Public


Creative Commons CCZero (CC0) N N
Data Domain (all rights waived)

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License Domain By SA Comments

Open Data Commons Public Domain Dedicate to the Public


Data N N
Dedication and Licence (PDDL) Domain (all rights waived)

Creative Commons Attribution Content,


Y N
4.0 (CC-BY-4.0) Data

Open Data Commons Attribution


Data Y N Attribution for data(bases)
License (ODC-BY)

Creative Commons Attribution Share- Content,


Y Y
Alike 4.0(CC-BY-SA-4.0) Data

Open Data Commons Open Database Attribution-ShareAlike for


Data Y Y
License(ODbL) data(bases)

Against DRM Content Y Y Little used.

the legend:

 Domain = Domain of application, i.e. what type of material this license


should/can be applied to. Not an open license for software.
 BY = requires attribution
 SA = require share-alike

 Open licenses overview:

5.3.1 Creative Commons CCZero; C0 1.0 Universal (CC0 1.0)


Public Domain Dedication
No Copyright
 The person who associated a work with this deed has dedicated the work
to the public domain by waiving all of his or her rights to the work worldwide
under copyright law, including all related and neighboring rights, to the extent
allowed by law.

You can copy, modify, distribute and perform the work, even for commercial purposes,
all without asking permission.

Other Information

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 In no way are the patent or trademark rights of any person affected by
CC0, nor are the rights that other persons may have in the work or in how
the work is used, such as publicity or privacy rights.

 Unless expressly stated otherwise, the person who associated a work with
this deed makes no warranties about the work, and disclaims liability for
all uses of the work, to the fullest extent permitted by applicable law.

 When using or citing the work, you should not imply endorsement by the
author or the affirmer.

5.3.2 ODC Public Domain Dedication and License

You are free:

 To Share: To copy, distribute and use the database.

 To Create: To produce works from the database.

 To Adapt: To modify, transform and build upon the database.

The Open Data Commons – Public Domain Dedication & Licence is a document
intended to allow you to freely share, modify, and use this work for any purpose and
without any restrictions. This licence is intended for use on databases or their contents
(“data”), either together or individually.

The position of the recipient of the work

Because this document places the database and its contents in or as close as
possible within the public domain, there are no restrictions or requirements placed on
the recipient by this document. Recipients may use this work commercially, use
technical protection measures, combine this data or database with other databases or
data, and share their changes and additions or keep them secret. It is not a requirement
that recipients provide further users with a copy of this licence or attribute the original
creator of the data or database as a source. The goal is to eliminate restrictions held by
the original creator of the data and database on the use of it by others.

5.3.3 Attribution 4.0 International (CC BY 4.0)


You are free to:

 Share — copy and redistribute the material in any medium or format

 Adapt — remix, transform, and build upon the material

 for any purpose, even commercially.


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 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.

 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

5.3.4 Open Data Commons Attribution License (ODC-BY)


You are free:

 To Share: To copy, distribute and use the database.

 To Create: To produce works from the database.

 To Adapt: To modify, transform and build upon the database.

As long as you:

 Attribute: You must attribute any public use of the database, or works produced
from the database, in the manner specified in the license. For any use or
redistribution of the database, or works produced from it, you must make clear
to others the license of the database and keep intact any notices on the original
database.

5.3.5 Creative Commons Attribution Share-Alike 4.0(CC-BY-SA-4.0)


You are free to:

 Share — copy and redistribute the material in any medium or


format

 Adapt — remix, transform, and build upon the material

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for any purpose, even commercially.

 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 ShareAlike — If you remix, transform, or build upon the material, you must
distribute your contributions under the same license as the original.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.

 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

5.3.6 Open Database License (ODbL)


You are free:

 To Share: To copy, distribute and use the database.

 To Create: To produce works from the database.

 To Adapt: To modify, transform and build upon the database.

As long as you:

 Attribute: You must attribute any public use of the database, or works produced
from the database, in the manner specified in the ODbL. For any use or
redistribution of the database, or works produced from it, you must make clear
to others the license of the database and keep intact any notices on the original
database.

 Share-Alike: If you publicly use any adapted version of this database, or works
produced from an adapted database, you must also offer that adapted database
under the ODbL.
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 Keep open: If you redistribute the database, or an adapted version of it, then you
may use technological measures that restrict the work (such as DRM) as long as
you also redistribute a version without such measures.

5.3.7 Against DRM 2.0


License's area of applicability:

 This license concerns copyright and related rights: this license does not treat any
other right.

 Nothing in this license is intended to prevent or restrict the exercise of rights not
treated in this license, such as rights concerning privacy, private property, sale
and other personal or private rights.

 Nothing in this license is intended to prevent or restrict the private use of any
lawful technological measure.

 Nothing in this license is intended to prevent or restrict any limitation on the


exclusive rights of the copyright owner or related rights owner under copyright
law or other applicable law.

 This license is applicable to the works of the mind having a creative character
and belonging to literature, music, figurative arts, architecture, theater or
cinematography, whatever their mode or form of expression.

 Object:
In particular, this license is applicable to:

a. literary, dramatic, scientific, didactic and religious works, whether in written


or oral form;

b. musical works and compositions, with or without words, dramatico-musical


works and musical variations that themselves constitute original works;

c. choreographic works and works of dumb show, the form of which is fixed in
writing or otherwise;

d. works of sculpture, painting, drawing, engraving and similar figurative arts,


including scenic art;

e. architectural plans and works;

f. works of cinematographic art, whether silent or with sound;


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g. works of photographic art and works expressed with processes analogous to
photography;

h. industrial design works that have creative character or inherent artistic


character;

i. collective works formed by the assembling of works, or parts of works, and


possessing the character of a self-contained creation resulting from selection and
coordination with a specific literary, scientific, didactic, religious, political or
artistic aim, such as encyclopedias, dictionaries, anthologies, magazines and
newspapers;

j. works of a creative character derived from any such work, such as translations
into another language, transformations into any other literary or artistic form,
modifications and additions constituting a substantial remodeling of the original
work, adaptations, arrangements, abridgments and variations which do not
constitute an original work.

 Grant of rights
Licensor authorizes licensee to exercise the following rights:
a. right of reproduction;
b. right of distribution;
c. right of publishing (also in a collection);
d. right of public performance or recitation;
e. right of broadcasting;
f. right of modification;
g. right of elaboration;
h. right of transcription;
i. right of translation;
j. right of lending;
k. right of rental;
l. right of commercial use.

 Related rights and sublicensing

Licensor declares to be related rights owner and he authorizes licensee to


exercise them.
If the work is not object of related rights, preceding paragraph must be

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considered as void and having no legal effect.
Licensee may not sublicense the work.

 No DRM (Digital rights management)

This license is incompatible with any technology, device or component that, in


the normal course of its operation, is designed to prevent or restrict acts which
are authorised or not authorised by licensor: this incompatibility causes the
inapplicability of the license to the work.
In particular:
a. it is not possible to release validly under this license works or derivative
works whose access control mechanism and/or copy control mechanism
prevents or restricts quantitatively and/or qualitatively access to, fruition, copy,
modification and/or sharing of them;

b. in conformity with this license, it is not allowed to prevent or restrict


quantitatively and/or qualitatively access to, fruition, copy, modification, and/or
sharing of works or derivative works through an access control mechanism
and/or a copy control mechanism;

c. in conformity with this license, it is not allowed to prevent or restrict the


exercise of a granted right through any digital, analog or physical method.

5.4 How can an author apply an open license


Applying an open license to a work can be very straightforward. The procedure
may slightly vary depending on which license is selected, but should be more or less as
follows:

1. Get permission from all rightholders to openly license the work.

2. Decide which open license best suits your purposes.

3. Display a notice somewhere prominent on your work stating that your work is
made available under the open license you have chosen. Include a copy of, or a
link to, the full text of your chosen license in your work.

For example:

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6. Creative Commons licenses
Creative Commons is a nonprofit organization that provide for any creator (of
educational materials, contents and much more) who want to share open and free
his ”work” with all possible user over the internet, the wright license text. These
readymade licenses texts are much better and credible (having the necessary
legality and official note / accent) than any licence text we can create from
scratch by ourselves from the same purpose.

By providing these open licenses CC enables the sharing and use of creativity
and knowledge through free legal tools. Their free, easy-to-use copyright licenses
provide a simple, standardized way to give the public permission to share and
use your creative work — on conditions of your choice. CC licenses let you easily
change your copyright terms from the default of “all rights reserved” to “some
rights reserved.”

The most common way to openly license copyrighted education materials — 


making them OER − is to add a Creative Commons license to the educational resource.
CC licenses are standardized, free-to-use, open copyright licenses that have already
been applied to more than 1.2 billion copyrighted works across 9 million websites.

The Creative Commons copyright licenses (CCCL) and tools forge a balance inside
the traditional “all rights reserved” setting that copyright law creates. CCCL tools give
everyone from individual creators to large companies and institutions a simple,
standardized way to grant copyright permissions to their creative work. The
combination of CCCL tools and CCCL users is a vast and growing digital commons, a
pool of content that can be copied, distributed, edited, remixed, and built upon, all
within the boundaries of copyright law.

CCC licenses do not affect freedoms that the law grants to users of creative works
otherwise protected by copyright, such as exceptions and limitations to copyright law
like fair dealing.

Creative Commons licenses require licensees to get permission to do any of the


things with a work that the law reserves exclusively to a licensor and that the license
does not expressly allow.

Licensees (users of our materials)must credit the licensor (ECOSIGN Consortium),


keep copyright notices intact on all copies of the work, and link to the license from
copies of the work.

Licensees cannot use technological measures to restrict access to the work by


others.

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6.1 How CC open licensing works
Generally:

CC licenses and legal tools are intended for use by anyone who holds copyright in
the material. This is often, but not always, the creator.

Creative Commons offers licenses and tools to the public free of charge and does
not require that creators or other rights holders register with CC in order to apply a CC
license to a work.

This means that CC does not have special knowledge of who uses the
licenses and for what purposes, nor does CC have a way to contact creators beyond
means generally available to the public.

CC has no authority to grant permission on behalf of those persons, nor does


CC manage those rights on behalf of others.

One of CC’s goals is ensuring that all of its legal tools work globally, so that anyone
anywhere in the world can share their work on globally standard terms.

To this end, CC offers a core suite of six international copyright licenses


(formerly called the "unported") that are drafted based largely on
various international treaties governing copyright, taking into account as many
jurisdiction-specific legal issues as possible.

The latest version (4.0) has been drafted with particular attention to the
needs of international enforceability.

For version 3.0 and earlier, Creative Commons has also offered ported versions
of its six core licenses for many jurisdictions (which usually correspond to countries,
but not always).

These ported licenses are based on the international license suite but have
been modified to reflect local nuances in the expression of legal terms and
conditions, drafting protocols, and language.

The ported licenses and the international licenses are all intended to be legally
effective everywhere.

CC expects that few, if any, ports will be necessary for 4.0.

CC recommends that you take advantage of the improvements in the 4.0 suite
explained on the license versions page unless there are particular considerations you
are aware of that would require a ported license.

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A Creative Commons licensor (let us say ECOSIGN Consortium, or any of its
Partners as being a content creator ) answers a few simple questions on the path to
choosing a license:

— first, do we (ECOSIGN Consortium ) want to allow commercial use or not, and


then second,

- do we (ECOSIGN Consortium) want to allow derivative works or not?


If a licensor (ECOSIGN Consortium ) decides to allow derivative works, the licensor
(ECOSIGN Consortium) may also choose to require that anyone who uses the work —
licensees — to make that new work available under the same license terms.

Note:
CCC calls this idea “ShareAlike” and it is one of the mechanisms that (if chosen) helps
the digital commons grow over time. ShareAlike is inspired by the GNU General Public
License, used by many free and open source software projects.

Creative Commons makes available public


copyright licenses which incorporate a unique and
innovative “three-layer” design.

Each license begins as a traditional legal tool, in the


kind of language and text formats that most lawyers know
and love. Creative Commons calls this the Legal Code
layer of each license.

But since most creators, educators, and scientists are


not in fact lawyers, Creative Commons also makes the licenses available in a format
that normal people can read — the Commons Deed (also known as the “human
readable” version of the license).

The Commons Deed is a handy reference for licensors and licensees, summarizing
and expressing some of the most important terms and conditions.

Think of the Commons Deed as a user-friendly interface to the Legal Code beneath,
although the Deed itself is not a license, and its contents are not part of the Legal Code
itself.

In order to make it easy for the Web to know when a ”work” is available under a
Creative Commons license, CC provide a “machine readable” version of the license —
a summary of the key freedoms and obligations written into a format that software
systems, search engines, and other kinds of technology can understand.

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CC developed a standardized way to describe licenses that software can understand
called CC Rights Expression Language (CC REL) to accomplish this.

Taken together, these three layers of licenses ensure that the spectrum of rights isn’t
just a legal concept.

It’s something that the creators of works can understand, their users can
understand, and even the Web itself can understand.

6.2 Which are the open licenses forms, offered by CC, we can choose from

6.2.1 AttributionCC BY

This license lets others distribute, remix, tweak, and build upon your work, even
commercially, as long as they credit you for the original creation. This is the most
accommodating of licenses offered. Recommended for maximum dissemination and
use of licensed materials.

You are free to:

 Share — copy and redistribute the material in any medium or


format

 Adapt — remix, transform, and build upon the material for any
purpose, even commercially.

 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.

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 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

6.2.2 Attribution-ShareAlike CC BY-SA

This license lets others remix, tweak, and build upon your ”work” even for
commercial purposes, as long as they credit you and license their new creations under
the identical terms.
This license is often compared to “copyleft” free and open source software licenses.
All new works based on yours will carry the same license, so any derivatives will
also allow commercial use. This is the license used by Wikipedia, and
It is recommended for materials that would benefit from incorporating content from
Wikipedia and similarly licensed projects.
You are free to:

 Share — copy and redistribute the material in any medium or


format

 Adapt — remix, transform, and build upon the material

 for any purpose, even commercially.

 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 ShareAlike — If you remix, transform, or build upon the material, you must
distribute your contributions under the same license as the original.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:
 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.
 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

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6.2.3 Attribution-NoDerivs CC BY-ND
This license allows for redistribution, commercial and non-commercial, as long as it
is passed along unchanged and in whole, with credit to you.

Attribution-NoDerivatives 4.0 International (CC BY-ND 4.0)

You are free to:

 Share — copy and redistribute the material in any medium or format

 for any purpose, even commercially.

 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 NoDerivatives — If you remix, transform, or build upon the material, you may
not distribute the modified material.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.

 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

6.2.4 Attribution-NonCommercial CC BY-NC


This license lets others remix, tweak, and build upon your ”work” non-
commercially, and although their new works must also acknowledge you and be non-
commercial, they don’t have to license their derivative works on the same terms.

You are free to:

 Share — copy and redistribute the material in any medium or format

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 Adapt — remix, transform, and build upon the material
 The licensor cannot revoke these freedoms as long as you follow the license
terms.

Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 NonCommercial — You may not use the material for commercial purposes.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.
 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

6.2.5 Attribution-NonCommercial-ShareAlike CC BY-NC-SA

This license lets others remix, tweak, and build upon your work non-commercially,
as long as they credit you and license their new creations under the identical terms.

Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0)

You are free to:

 Share — copy and redistribute the material in any medium or format

 Adapt — remix, transform, and build upon the material

 The licensor cannot revoke these freedoms as long as you follow the license
terms.
Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.

 NonCommercial — You may not use the material for commercial purposes.
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 ShareAlike — If you remix, transform, or build upon the material, you must
distribute your contributions under the same license as the original.

 No additional restrictions — You may not apply legal terms or technological


measures that legally restrict others from doing anything the license permits.

Notices:

 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.

 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

6.2.6 Attribution-NonCommercial-NoDerivs CC BY-NC-ND


This license is the most restrictive of our six main licenses, only allowing others
to download your works and share them with others as long as they credit you, but they
can’t change them in any way or use them commercially.

Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)

You are free to:

 Share — copy and redistribute the material in any medium or format

 The licensor cannot revoke these freedoms as long as you follow the license
terms.
Under the following terms:

 Attribution — You must give appropriate credit, provide a link to the license,
and indicate if changes were made. You may do so in any reasonable manner, but
not in any way that suggests the licensor endorses you or your use.
 NonCommercial — You may not use the material for commercial purposes.
 NoDerivatives — If you remix, transform, or build upon the material, you may
not distribute the modified material.
 No additional restrictions — You may not apply legal terms or technological
measures that legally restrict others from doing anything the license permits.
Notices:
 You do not have to comply with the license for elements of the material in the
public domain or where your use is permitted by an applicable exception or
limitation.
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 No warranties are given. The license may not give you all of the permissions
necessary for your intended use. For example, other rights such as publicity,
privacy, or moral rights may limit how you use the material.

6.2.7 CC0 1.0 Universal (CC0 1.0) Public Domain Dedication

Legal Code:
 Creative Commons Corporation (“Creative Commons”) is not a law firm and does not provide legal
services or legal advice. Distribution of Creative Commons public licenses does not create a lawyer-
client or other relationship. Creative Commons makes its licenses and related information available
on an “as-is” basis. Creative Commons gives no warranties regarding its licenses, any material
licensed under their terms and conditions, or any related information. Creative Commons disclaims
all liability for damages resulting from their use to the fullest extent possible.

Using Creative Commons Public Licenses

 Creative Commons public licenses provide a standard set of terms and conditions that creators
and other rights holders may use to share original works of authorship and other material
subject to copyright and certain other rights specified in the public license below. The following
considerations are for informational purposes only, are not exhaustive, and do not form part of
our licenses.

Considerations for licensors: Our public licenses are intended for use by those authorized to give the
public permission to use material in ways otherwise restricted by copyright and certain other rights.
Our licenses are irrevocable. Licensors should read and understand the terms and conditions of the
license they choose before applying it. Licensors should also secure all rights necessary before
applying our licenses so that the public can reuse the material as expected. Licensors should clearly
mark any material not subject to the license. This includes other CC-licensed material, or material
used under an exception or limitation to copyright. More considerations for licensors.

 Considerations for the public: By using one of our public licenses, a licensor grants the public
permission to use the licensed material under specified terms and conditions. If the licensor’s

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permission is not necessary for any reason–for example, because of any applicable exception or
limitation to copyright–then that use is not regulated by the license. Our licenses grant only
permissions under copyright and certain other rights that a licensor has authority to grant. Use of the
licensed material may still be restricted for other reasons, including because others have copyright or
other rights in the material. A licensor may make special requests, such as asking that all changes be
marked or described. Although not required by our licenses, you are encouraged to respect those
requests where reasonable. More considerations for the public.

7. Final proposed conclusions on CCL selection


7.1. Where should be ”located” educational materials / course
contents for which we want to apply an open license ?
There is to be underlined that CC can offer the type of license you choose for your
”work” only if it can localize where your work is located, and in a certain way to have
access access to the ”work” / learning materials / documents to "see", at least in
general terms, which ”work” is about / involved (for which you are requesting an open
CC license)

If you are not abble / or even if you do not want to specify a location for your
”work” at the time you request a CC open license for it, the only solution is to upload
your ”work” on a site / platform which supports CC licenses (e.g.:
https://www.oercommons.org/)

Note:

For the time being we will try to consider the entire Course as ”The work”, or, if
not possible, every Module, and further more if not possible, every ”unit”.

Otherwise, it will be very difficult to license each separate material with the same
type of CC license: texts, videos, presentations, etc. because surely these individual
materials include fragments, loans from other processed, remixed OERs (licensed CCs)
and thus they should be licensed under the original license)

 There are available three posibilities to locate our ”work” at the time
you apply on it the selected CC open license:

A. On our own webpage

B. Off line in our individual / personal computers

C. Already uploaded on some selected MOOC platforms

 For case A.

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On the ECOSIGN website it should be created a special page / section where
to be uploaded all Course contents.

Let us suppose we choose the open License

6.2.6 Attribution-NonCommercial-NoDerivs CC BY-NC-ND


 You can easily add a CC license notice to your website by visiting the CC license
chooser. At the chooser, simply answer a few questions, fill in the fields you need,
and receive an already formatted HTML code.

Access CC license chooser

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You will receive:

You can go further (optional) by filling in this form:

Now on the web page where there is located the ECOSIGN Course, you must copy a code:

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Now the entire ”work” published on that webpage is under a CC Licence:

Actions needed:

 Copy and paste the HTML code into your webpage or website.

The specifics of inserting the code depend on how you edit your website. The block of
code should be inserted into the page HTML - most desktop website tools like Dreamweaver,
Frontpage, or GoLive offer a "code view" that lets you see the code that makes up your page.
Near the end of the page before you see </body></html>, paste the HTML code in directly.

If all of the resources you are publishing on a single website are licensed under the
same CC license, it makes sense to paste the HTML code into your website’s template (e.g.,
in a footer or sidebar area). After saving the template, the chosen license information should
appear everywhere on your site. Whether you add license information to a single page or an
entire site, once live on the Internet, the license information will be displayed and the
machines will be able to detect the license status automatically.

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 Edit the descriptive text to suit your needs.

For example, if you select CC BY NC ND in the chooser, the default text you receive in the
second line of html code is:

This work is licensed under a <a rel="license"


href="http://creativecommons.org/licenses/by-nc-nd/4.0/">Creative Commons
Attribution-NonCommercial-NoDerivatives 4.0 International License</a>.
The bolded text is descriptive, and you can edit it without affecting the code. For example,
you might specify what 'work' you're talking about, or let users know that the entire site is
available under the license unless noted otherwise. You could edit the bolded part as follows:
Except where otherwise noted, this website is licensed under a <a rel="license"
href="http://creativecommons.org/licenses/by-nc-nd/4.0/">Creative Commons
Attribution-NonCommercial-NoDerivatives 4.0 International License</a>.
To apply this Licence to our ”work”, we simply need (no cost implied) to access
https://creativecommons.org and find the page where we are invited to apply / to get
the selected type of CC Licence for our ”work”
The following information will be available:

 For case B.
The Course materials are ”located” in the personal computers of the specialists from
the VET partner organizations in the project and, for the first phase, they are
available to all for sharing. We consider the same, above described, way in accessing
https://creativecommons.org
but this time we will foccus the following information, displayed on the page:

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This work is licensed under the Creative Commons Attribution-
NonCommercial-NoDerivatives 4.0 International License. To view a copy
of this license, visit http://creativecommons.org/licenses/by-nc-nd/4.0/.

If we do as instructed above, all materials stored in these ”personal” computers


are CC open licensed and consecutively genuine OERs. They may be uploaded on some
public sites (for example the own websites of VET providers) being so more visible to
the world (maybe even more accessible)

May be when materials are to be moved on MOOC platforms they will carry with
them their granted open license Creative Commons Attribution-NonCommercial-
NoDerivatives 4.0 International License

May be not. This depending on the MOOC platform capabilities to be


compatible / to recognize CC open licences of uploaded materials.

Anyhow all materials are open licensed CC and and therefore are genuine
OERs, but unfortunately they can not be freely found by anyone on a publicly
accessible internet platform

 For case C.
When Course materials are already uploaded on some selected MOOC
platforms, the application of an open CC license depends solely on the features,
functionality and compatibilites of the chosen MOOC platform, and the allocation of
the open license may be slightly more difficult to achieve.

If the platform admits (and many of them are doing so) there are special tutorials to
guide you how to apply CC licenses to your materials.

Unfortunately it seems to be quite a difficult task because generally it is need to


apply a CC open license for every item / material you uploaded on the platform,
modifying “Item Metadata”.

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7.2 Final proposed conclusions on CCL selection
General
People will always have concerns about protecting themselves from unethical or
abusive behaviour, particularly when their own creations are somehow twisted to
reflect badly on them.
For these cases, CC licences provide the needed protections because they
work with copyright; indeed, content creators retain all rights that they have not
explicitly waived.
In addition, CC licences do not affect moral, privacy, or model rights, so
violations of those rights are still subject to the full force of the law (should it come
to that)
In short, CC licences provide as much protection as standard all-rights-
reserved copyright, with the obvious exception of those specific rights that the
copyright owner chose to waive.

 Agreement concluded among all partners in ECOSIGN Project:


All training contents will be licensed unde a Creative Commons Attribution-
NonCommercial-NoDerivatives 4.0 International License.

 It is needed to include the respective CC icon in the cover page of


the document:
 Such icon must incude a sentence that should mention the name to whom
attribute: "ECOSIGN Sector Skills Alliance" - with the project website´s URL
hyperlinked.
The present work, produced by the ECOSIGN Sector Skills Alliance,
is licensed under a Creative Commons Attribution-NonCommercial-
NoDerivatives 4.0 International License.
Variantele pentru toate limbile natționale ale partenerilor Consortțiuliui sunt:
Spanish:
La presente obra, producida por ECOSIGN Sector Skills Alliance está
bajo una Licencia Creative Commons Atribución-NoComercial-
SinDerivadas 4.0 Internacional.
Italian:
Quest'opera di ECOSIGN Sector skills Alliance è distribuita con
Licenza Creative Commons Attribuzione - Non commerciale - Non opere
derivate 4.0 Internazionale.
Slovenian:
To delo avtorja ECOSIGN Sector Skills Alliance je objavljeno pod licenco
Creative Commons Priznanje avtorstva-Nekomercialno-Brez predelav
4.0 Mednarodna.
Romanian:
Această operă creată de ECOSIGN Sector Skills Alliance este pusă la
dispoziţie prin Licenţa Creative Commons Atribuire-Necomercial-
FărăDerivate 4.0 Internațional

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Example:

8. OER AGREEMENT
Considering the main goal of the Ecosign Project to completely unshackle the
modalities of procurement of teaching and learning materials and make it easy and free
for teachers and learners to leverage the full power of the internet to access high-
quality, affordable learning materials, turning our Course materials in genuine OERs by
attaching them an open license (Creative Commons)

Open education licensing policies insert open licensing requirements into existing
funding systems (e.g., grants, contracts, or other agreements) that create educational
resources, thereby making the content OER, and shifting the default on publicly funded
educational resources from ‘closed’ to ‘open.’

This is a particularly strong education policy argument: if the public pays for
education resources, the public should have the right to access and use those resources
at no additional cost and with the full spectrum of legal rights necessary to engage in
5R activities.

8.1 OER definitions


 There are several definitions for open educational resources.

One of the objectives of this study / document is to find a commonly accepted


definition by all members of the Consortium, to be applied uniformly to all (educational)
materials produced within the ECOSIGN Project so that they become genuine OERs and
thus can be delivered open free to all and everyone interested.

1. Definition accepted by UNESCO

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Open Educational Resources (OERs) are any type of educational materials that are
in the public domain or introduced with an open license. The nature of these open
materials means that anyone can legally and freely copy, use, adapt and re-share them.
OERs range from textbooks to curricula, syllabi, lecture notes, assignments, tests, projects,
audio, video and animation.

2. OECD (Organization for Economic Co-operation and Developmen) defines


OER as:
"digitised materials offered freely and openly for educators, students, and self-learners to
use and reuse for teaching, learning, and research. OER includes learning content,
software tools to develop, use, and distribute content, and implementation resources such
as open licences"

3. The Commonwealth of Learning has adopted the widest definition of Open


Educational Resources (OER) as:
”materials offered freely and openly to use and adapt for teaching, learning, development
and research”

4. The WikiEducator defines OER as:


”Any and all educational resources (lesson plans, quizzes, syllabi, instructional modules,
simulations, etc.) that are freely available for use, reuse, adaptation, and sharing”

5. The William and Flora Hewlett Foundation definition:


"OER are teaching, learning, and research resources that reside in the public domain or
have been released under an intellectual property license that permits their free use and
re-purposing by others. Open educational resources include full courses, course materials,
modules, textbooks, streaming videos, tests, software, and any other tools, materials, or
techniques used to support access to knowledge."

6. The Cape Town Open Education Declaration:


"Open educational resources (OER) should be freely shared through open licences which
facilitate use, revision, translation, improvement and sharing by anyone. Resources should
be published in formats that facilitate both use and editing, and that accommodate a
diversity of technical platforms. Whenever possible, they should also be available in
formats that are accessible to people with disabilities and people who do not yet have
access to the Internet."

7. OER Commons definition:


"Open Educational Resources are teaching and learning materials that you may freely use
and reuse, without charge. OER often have a Creative Commons or GNU license that state
specifically how the material may be used, reused, adapted, and shared."

8. The most popular accepted definition:

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Open Educational Resources (OER) are teaching and learning materials that you may
freely use and reuse, without charge. That means they have been authored or created by
an individual or organization that chooses to retain few, if any, ownership rights. For
some of these resources, that means you can download the resource and share it with
colleagues and students. For others, it may be that you can download a resource, edit it in
some way, and then re-post it as a remixed work. OER often have a Creative Commons or
GNU license that state specifically how the material may be used, reused, adapted, and
shared.

 Of course there are or can be many other definitions for OER

However, regardless how many definitions of OER could be taken into account in deciding
whether an (educational) material created within ECOSIGN Project can be labeled or not
as a genuine OER, it should be underlined that all these definitions revolve around an
essential subject : whether or not materials published (or publicly available) in the public
domain of the Internet must be covered by an open license or not.
A summary of the main features of 8 of the best-known definitions for OER is presented in the table below:

Does not limit use or


Right of access, Non-discriminatory
OER definition Open copyright form (does not
adaptation, and (rights given to
adopted /accepted by license required include NonCommercial
republication everyone, everywhere)
limitations)

1.UNESCO yes yes yes yes

2.OECD yes

3.Commonwealth of
yes yes
Learning

1. Wikieducator OER
yes yes yes
Handbook

2. The William and Flora


yes yes yes yes
Hewlett Foundation

6.The Cape Town Open


yes yes yes
Education Declaration

7. OER Commons yes yes yes

8. The most
yes yes yes yes
popular

What is encouraging: all these definitions have some common elements:

These definitions have common elements, namely they all:


 cover use and reuse, repurposing, and modification of the resources;
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 include free use for educational purposes by teachers and learners
 encompass all types of digital media.

What is daunting to find a common approach:

The above definitions expose some of the tensions that exist with OER:

 Nature of the resource: Several of the definitions above limit the definition of
OER to digital resources, while others consider that any educational resource can
be included in the definition.

 Source of the resource: While some of the definitions require a resource to be


produced with an explicit educational aim in mind, others broaden this to
include any resource which may potentially be used for learning.

 Level of openness: Most definitions require that a resource be placed in the


public domain or under a fully open license. Others require only that free use
to be granted for educational purposes, possibly excluding commercial uses.

In our opinion the best fit for our purposes should be the adoption of definitions 1, 5
and 8 from the above table, to define our educational materials (produced within
ECOSIGN Project) as genuine OER.

Which one will be finally chosed, should be decided by all the Consortium
members. There is also the possibility to find out another more appropriate
definition proposed by Consortium partners.

A preliminary conclusion that can be adopted by all Consortium members on how the
(educational) materials created in the ECOSIGN project can become genuine OERs is:

In order for educational resources to be OER, they must have an open


license.

Many educational resources made available on the Internet are geared to


allowing online access to digitised educational content, but the materials themselves
are restrictively licensed. Thus, they are not OER.

Often, this is not intentional. Most teachers / educators / formators are not
familiar with copyright law in their own jurisdictions, never mind internationally.

International law and national laws of nearly all nations, and certainly of those
who have signed onto the World Intellectual Property Organization (WIPO), restrict all
content under strict copyright (unless the copyright owner specifically releases it
under an open license).
On the other hand, it can be observed that when we analyze whether the
materials produced in the ECOSIGN project are or NOT, or can become genuine OERs,
one can not clearly separate the issues related to the creation of educational materials,
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of those related to their publishing (on platforms and sites from the the Internet) and
consecutively of those related to their licensing (under open licenses)
For this reason, the fulfillments of tasks T4.2 (delivery of the course in
selected MOOC platforms) and T4.3 (OER Protection) are strongly interconnected
and can not be tackled separately.
 Types of open educational resources include:
 full courses,
 course materials,
 modules,
 learning objects,
 open textbooks,
 openly licensed (often streamed) videos,
 tests,
 software, and
 other tools, materials, or techniques used to support access to knowledge.
OER may be:
 freely and openly available static resources,
 dynamic resources which change over time in the course of having knowledge
seekers interacting with and updating them, or
 a course or module with a combination of these resources.

 Costs needed for an (educational) material to become OER


One of the most frequently cited benefits of OER is their potential to reduce costs.
While OER seem well placed to bring down total expenditures, they are not cost-
free.
In WP3 contents creators may create new OER just assembling or simply reused or
repurposed from existing open resources.
This is a primary strength of OER and, as such, can produce major cost savings.
OER need not be created from scratch.
On the other hand, there are some costs in the assembly and adaptation process.
And some OER must be created and produced originally at some time. While OER must
be hosted and disseminated, and some require funding, OER development can take
different routes, such as creation, adoption, adaptation and curation.
Each of these models provides different cost structure and degree of cost-
efficiency.
As long as to transform any educational material into a genuine OER needs to
licenciate it under an open Licence, maybe there are some costs involved in the
licensing under an open license.
Any option for an open license seems to be sufficiently non-restrictive to guarantee
the free and open nature of the ECOSIGN Course published over the internet.

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Any type of CC licenses allow users that learning materials from ECOSIGN published
on MOOC platforms be freely retained (keep a copy), reused (use as is), revised (adapt,
adjust, modify), remixed (mashup different content to create something new), and
redistributed (share copies with others) without breaking copyright law.
The importance of open licensing our Course materials comes from the key
distinguishing characteristic of OER which is its intellectual property license and the
legal permissions the license grants the public to use, modify, and share it.
If our educational materials within The Course (in spite of the fact they will be
published on free open MOOC platforms) are not clearly marked as being in the public
domain or having an open license, they are not OERs. Though the ECOSIGN Course
materials become OERs if we go the extra step and add an open license to our ”work” /
materials.

What is interesting (and it is worth appreciating) is that if we use the tools for open
licensing our materials, provided by Creative Commons, we not only achieve our goal of
providing unrestricted contents to all potential users (basically to use them free of
charge for educational purposes) in a legal way, but we also manage to preserve our
paternity rights over our ”work” that we offer for free and openly accessible to all, just
because:

”Like free software, the CC licenses paradoxically rely upon copyright law to legally
protect the commons.

The licenses use the rights of ownership granted by copyright law not to exclude
others, but to invite them to share.

The licenses recognize authors’ interests in owning and controlling their work — but
they also recognize that new creativity owes many social and intergenerational debts.

Creativity is not something that emanates solely from the mind of the “romantic
author,” as copyright mythology has it; it also derives from creators communities and
previous generations of authors.

The CC licenses provide a legal means to allow works to circulate so that people can
create something new.
Share, reuse, and remix, legally, as Creative Commons puts it.”
The above previous quote is from: https://creativecommons.org/2017/06/05/open-
education/

8.2 Alternative ”OER Agreement” forms


Taking into account that the deliverable related to the task T.4.3 is

A document (in English) entitled "OER agreement" that must contain a loyalty
between contents creators ( partners involved in building / creation of learning

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materials in WP3) and Consortium Leadership (at least!) , dealing with OER protection
of the different results of WP3 (within the Document, Creative Commons and level of
protection will also be defined),

it is necessary in the conclusion of this study, which analyzes the various options
available for adopting the best option for materials open licensing, to formalize the
solutions adopted, at the level of the Consortium in a document of the type"OER
agreement", for which we propose the following forms / templates:

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Template 1

OER Agreement
This agreement pertains to the voluntary participation of ECOSIGN Consortium members (an Eco-Innovation Skills
partnership in four European countries (Slovenia, Spain, Romania and Italy) addressing the lack of knowledge of
designers)
in the adoption (and development) of Open Educational Resources (OER).
OER should be all educational materials developed in the Project ECOSIGN (mainly in WP3) for teaching, learning, and
research resources that reside in the public domain or have been released under an intellectual property license that
permits repurposing by others and follow the 5Rs:
the ability to Retain,
Reuse,
Revise,
Remix, and
Redistribute
the content for educational purposes.
A ECOSIGN OER course/section provides students a FREE cost effective alternative to traditional textbooks.
The majority (if not all of them) of materials in this section / Module / Unit or tle Course reside in the public domain or have
been released under an intellectual property license that permits repurposing by others. Compensation.
By signing and accepting, you are agreeing that ALL of course materials for the course mentioned in this agreement will be
OER, and will remain such for at least three (3) years.
You will demand and not receive any extra service stipend for this work, as funding permits.
Author: _________________________________ Partner Organization:___________________________________
Course Module: _______________________ Course Module Units: ________________________________ Other
materials:_________________________ Online Platform hosting:_________________________________ Previous
Textbook Used: ____________________________________________________________________________ OER
Material Used: ________________________________________________________________________

Signatures

Author_______________________________________________ Date__________________

Partner Organization Reprezentative__________________ Date ____________________

WP3 ledearship__________________________ Date _________________

WP4 ledearship____________________________________ Date ______________

ECOSIGN PROJECT MANAGER_____________________________________________ Date ______________

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Template 2 – first page

MEMORANDUM OF AGREEMENT on OERs


This agreement pertains to the voluntary participation of ECOSIGN Consortium members in the development and use of
Open Educational Resources.
From our point of view, in order to be categorized as open educational resources, materials (educational) resulted from
ECOSIGN Project (mainly the Course created in WP3) must be free or at a low cost, accessible from anywhere in the
world and from any type of technology plus having a free license.
Within the meaning of this Agreement related to the learning products resulting from the implementation of the ECOSIGN
Project, Open Educational Resources (OER) are any resources available at litle or no cost that can be used for teaching,
leaming, or research.
The term can include:
textbooks,
course readings, and
other leaming content; simulations,
game-like educational materials, and
other leaming applications (syllabi, quizzes, and assessment tools;
and virtually arry other material that can be used for educational purposes.
OER typically refers to electronic resources, including those in multimedia formats, and such materials are generally
released under a Creative Commons or similar license that supports open or nearly open use of the content.
OER may be already included in ECOSIGN learning materials, can originate from colleges and universities, libraries,
archival organizations, goverrment agencies, commercial orgarizations such as publishers, or faculty or other individuals
who develop educational resources they are willing to share.
The use of OER involves the selection and use of materials and methods, not only the teaching of a unique course.
A section in which OER is used is credited to a Consortium teaching staff member's total load the same as any other non-
OER section of the same course.
The Consortium specialists (involved in WP3 and WP4, and not only limited to these working package) who have expertize
and previous experience in working with OERs and open licenses shall provide appropriate and timely training for other VET
providers and staff from ECOSIGN partnership involved in the use of OER.
VET providers and staff from ECOSIGN partnership will be trained by care of WP3 management in technolory, special skills,
and methods necessary for the use of OER.
There are three types of OER-related activities covered by this Agreement for voluntary participation of
ECOSIGN Consortium members to OER development:
1. Creation of OER for first-time use in the course delivered by ECOSIGN Project.
At the conclusion of the development of OER materials for the Course, the creator of the OER will receive recognition by
inserting his name in the course materials as author. This option shall be at the discretion of the developer.
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2. Adoption of OER for use in a Module of the Course using OERs that have been used previously at the VET
provider premises, but which is the first time OER used in this specific course ECOSIGN. The adopter will be recognised in
the same way a creator of OER for first-time use is, at the conclusion of the adopter's course development process.

3. Mentoring of colleagues in the adoption of OER materials previously used by the more experienced VET
provider / or Sectoral organization (or so on)
Mentoring shall include support throughout the modules / units are finalized and uploaded on chosen MOOC platforms as
needed for the new adopter in fine-tuning materials for their own specific course application.
The mentor shall not demand or receive any extra payments at the end of the adopter's course development process for
each colleague who, for the first time in a specific course, prepares to use the OER materials developed under the
coordination of the mentor.
All Consortium members agree to make all their created educational materials within the ECOSIGN Project
OER under the open Licence CC0 ( Creative Commons ZERO)

CC0 is a way to release material worldwide into the public domain.


CC0 is a legal tool for waiving as many rights as legally possible.
Or, when not legally possible, CC0 acts as fallback as public domain equivalent license.
A major target of the CC0 license was the scientific data community.
This agreement is for the life of the ECOSIGN project and is not designed to set a precedent
Partner Organization Reprezentative

PartnerCountryOrganizationRepresentative nameSignatureDateP1TECOS SloveniaSectoral organizationP2MARIBOR


SloveniaVET providerP3CPI SloveniaRegulatory bodyP4CTC SpainSectoral organisationP5CETEM SpainVET
providerP6SEF SpainRegulatory bodyP7TEXCLUBTEC ItalySectoral organisationP8CENTROCOT ItalyVET
providerP9SICEV ItalyRegulatory bodyP10IBA RomaniaSectoral organisationP11ECOEVALINDRomaniaVET
providerP12CSFPM RomaniaRegulatory body WP3 ledearship__________________________
Date _________________

WP4 ledearship____________________________________ Date


______________

ECOSIGN PROJECT MANAGER_____________________________________________ Date ______________

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8.3 Final conclusions on OER Agreement
Taking into account all the above analyzed issues, all partners agreed that it is not need
a brand new document for the ”OER agreement”, as it is more appropriate an attached
document, which is an appendix to the Partnerhsip Agreement signed at the begining of
the project that extends the scope of section 11 of such agreement (Intellectual
property).

This attached document formally reflects what it was agreed during alll partners last
meeting in Yecla regarding OER.

The main subjects of the document are:

 First beneficiaries explicitly agree that, after the termination of the contractual period of
the project, all partners of the ECOSIGN consortium are considered the proprietors of all
products developed under ECOSIGN.

 Second beneficiaries expressly agree, after the termination of the contractual period, that
the products in tangible form result of this project work will be licensed under Creative
Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND
4.0) < https://creativecommons.org/licenses/by-nc-nd/4.0/deed.en> in the version in
force at the time of signature of this appendix.

Final conclusion agreed by all partners is:


To use the attached document (Annex 1: APPENDIX ON INTELLECUTAL PROPERTY TO
THE PARTNERSHIP AGREEMENT ) as the definitive OER agreement.

This document "Agreement for OER protection of the diferent results of WP3", including
CC open licensing modality chosen and what is going to be protected should be signed
by all partners .

Annex 1: APPENDIX ON INTELLECUTAL PROPERTY TO THE PARTNERSHIP AGREEMENT

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