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The intersection of copyright and the scale and delivery of MOOCs highlights the enduring tensions between academic freedom, institutional autonomy, and copyright law in higher education. To gain insight into the copyright concerns of MOOC stakeholders, EDUCAUSE talked with CIOs, university general counsel, provosts, copyright experts, and other higher education associations. The consensus opinion was that intellectual property questions for MOOC content merit wide discussion because they affect multiple stakeholders and potentially carry significant consequences. Each MOOC provider, for example, establishes a proprietary claim on material included in its courses, licenses to the user the terms of access and use of that material, and establishes its ownership claim of user-generated content. This conflicts with the common institutional policy approach that grants rights to faculty who develop a course. Fair-use exceptions to traditional copyright protection face challenges as well, given a MOOC's potential for global reach. Nonetheless, fair use and MOOCs are not mutually exclusive ideas. MOOCs remain an experiment. Initiating discussions with a wide range of campus stakeholders will ensure clarity of purpose and a common understanding of copyright issues in a MOOC environment.

"The Copyright Crash Course was created by Georgia Harper and is currently maintained by UT Libraries. The Course is arranged into several sections that allow users to explore certain areas of copyright law individually or as a group. The Course was originally created with faculty in mind, but can be used by anyone who is interested in understanding and managing their copyrights."

This is a course for educators who want to learn about US copyright law in the education context. P2PU also offers a similar courses for Australia, if that content is more appropriate. Educators who are not in the US are welcome to sign up, too, if they want to learn about copyright law in the US.

"The important point to remember is that the fair use guidelines that are used to determine what materials can be used on the local campus do not automatically transfer to online courses offered to the consumer public. To many faculty, these rules seem bureaucratic, but librarians can help navigate the terrain that faculty are not accustomed to dealing with. And, by becoming comfortable with copyright provisions themselves, faculty can ensure that their online students access the same level of resources that on-campus students enjoy."

The bills would create an online library of digital textbooks for the 50 most widely-taken lower division courses at the University of California, California State University and the state's community colleges. The project would get under way when state or private funding becomes available. The digital texts would be "open-source," which means they are not copyrighted the same way traditional texts are, making them much less expensive. The texts are primarily available online; students can typically buy a print-out for around $20, about one-tenth the cost of many traditional textbooks.