General information
Authors: A.A.Fuente, Universidad de Oviedo, Spain; A.Texeira, L.Morgado, Universidade Aberta, Portugal.
The general goal of this training material is to help teachers create academic materials while complying with the Intellectual Property (IP) laws, with licenses as the main point of interest. The focus is on Creative Commons (CC) licenses, as this licenses are probably the licenses of choice in the academic field.
Unit 1 introduces the main concepts needed to understand IP, including licenses. In Unit 2 we will learn about CC licenses and how to use them.
Unit 3 introduces additional IP concepts, as differences between countries in IP laws reside in these areas and they must be taken into account by the author of academic materials. These regional particularities are treated in Unit 4.
Creators of materials can use resources from others. In Unit 5 we will learn about the different types of resources that can be used, and a specific process to assure compliance with IP law when using these resources by checking the licenses. Unit 6 shows how to search for these resources considering the resource license.
The last unit is devoted to registration, which is usually the last thing done regarding IP when developing academic materials
Unit 1. Main concepts about Intellectual Property (IP) and licenses
1.1. IP Origins
In this section a summary of the origins of Intellectual Property is included: the view of intellectual creations as another form of property, the original rationale behind the introduction of IP, and the IP laws and organizations.
1.1.1. Intellectual creations as property
The name “Intellectual Property” (IP) establishes an analogy between an intellectual creation of the human mind (such as a song or novel, or course materials), and with other traditional subjects of property (such as real estate). Therefore, a song can be treated in a similar way as other traditional property, for example it can be sold or loaned.
The analogy is disputed by some, as IP is not tangible, does not lose value or can be harmed when used (i.e. listening to a song). However, this treatment of intellectual works as property underlays IP laws.
We will refer specifically to the part of IP subject to copyright.
1.1.2. IP Protection
The original rationale for the protection of IP is to provide protection to the author of a work of IP. The author is the “owner” of the work, and as such is given a monopoly on it for a given time.
This monopoly in an incentive for authors to create works, as they can economically exploit the work for the duration of the monopoly. The work falls into the public domain after this period.
It is assumed that the society, in exchange, benefits from the creation of these works. Of course, the benefit depends on the time span of the monopoly, which has steadily increased along the last century. 70 years after the death of the author is the standard.
1.1.3. IP Laws
The first form of IP protection is from the beginning of the XVIII century, but the modern IP laws have its roots in the end of the XIX century (the Berne Convention).
There are differences between countries in IP laws, although the main concepts, durations of protection, etc., are similar.
Two international organizations deal with IP. WIPO (World Intellectual Property Organization), a part of the UN promotes IP protection. The WTO (World Trade Organization) TRIPS agreement (Trade-Related aspects of Intellectual Property Rights) introduced IP into the international trading system.