The Digilit Leicester Project defined a self-evaluation framework with school staff who could then focus their continuing professional development as it related to their own digital literacy. One of the outcomes of our evaluation work on the was the recognition that school staff are generally unsure about how to frame their work in terms of open education and the production of open educational resources. One of the consistent findings of the series of project evaluation reports was that staff had limited knowledge around creating and sharing resources and limited awareness of issues related to copyright, licensing and re-use.

As a result, the project team focused some work on creating guidance on open educational resources for schools staff, and this has been produced by Josie Fraser working with Dr Bjoern Hassler and Helen Neo from the University of Cambridge. As Josie argues:

At a time when schools increasingly work with, and rely on, digital and web based materials, understanding how copyright works, and making the most of available resources, is essential for staff and schools. Creating OER allows schools to connect and collaborate with others through sharing work. Sharing can also help promote the great work that school staff and schools are doing.

The resources are published on the Leicester City Council extranet and focus upon guidance for school’s staff in four areas.

1. G1 Open Education and the Schools Sector – this introduces OER, open education, OER freedoms, and outlines some of the benefits of OER to schools.
2. G2 Understanding Open Licensing – copyright, fair dealing, different types of Creative Commons licences, and the public domain.
3. G3 Finding and remixing openly licensed resources – how to find OER, how to attribute them, and how to create new resources legally by building on existing work that has been shared under a Creative Commons licence.
4. G4 Openly Licensing and Sharing  your Resources – OER school policies and processes, how to applying an open licence to your work, and ways of sharing your openly licensed resources.

However, the guidance also comes with the following permission from Leicester City Council to its schools.

Leicester City Council has given permission to the 84 community and voluntary controlled schools across the city to create and share Open Educational Resources (OER), by releasing the learning materials they create under an open licence. By default, the rights of work created in the line of employment are assigned to the employer, unless a specific agreement has been made. This permission makes sharing resources simpler for everyone at these schools. All schools in the city have been provided with information about the permission. You can download a zip file containing the notification of the permission and an accompanying briefing note which provides more information about what the permission means for community and voluntary controlled schools in the city. Also included are two model school policies – one for community and voluntary controlled schools where the local authority has already provided permission and one for schools where the governing body, as the employer, provides the permission. All four documents are provided in Word and in PDF.

The permission itself is rooted in the idea of education as a public good. It states:

The council wants to support schools in promoting and sharing the great work that Leicester schools are producing. Openly sharing high quality educational resources helps other educators and learners benefit from, and build upon, the work our staff are doing. It supports collaboration between staff in the city and beyond. Putting agreements in place to openly license work makes sharing and accessing resources simpler for everyone, and provides additional opportunities for schools and school staff.

The council is committed to equality of access to learning for all. The council is also committed to public value – to get the most benefit possible from publicly funded work. We want to support schools and school staff in increasing access, fostering collaboration and ensuring value for money.

Pragmatically this means a focus on creative commons licensing:

Open Licences build on the existing legal copyright framework to provide permissions for more flexible uses of work. Providing community and voluntary controlled school employees with permission to openly license learning materials means that staff and schools do not have to contact Leicester City Council to arrange individual permissions each time they wish to share educational resources, or to allow others to use and reuse their work – as long as they openly license these resources.

Crucially this means that a whole-school conversation is opened-up with staff, students, leadership teams and governing bodies, about licensing, resources, and relationships.

Permission to share educational resources through open licence represents an exciting opportunity for schools to take a fresh look at the original materials staff are producing, and how these can best be used to promote the school and build connections to other educators and organisations. Community school and voluntary controlled school governing bodies should consider what steps can be taken to encourage staff to openly license materials that represent the quality of learning and teaching that takes place at the school.

All of the original resources provided are released under a Creative Commons Attribution 4.0 International licence (CC BY 4.0) so that they can be shared and adapted openly, as long as attribution is given. All other resources included are available under their respective licences. This aligns with the idea that the most liberal licensing possible should be implemented to ensure re-use and sharing. There has been plenty of discussion about the place of non-commercial licenses in educational settings, but as the Open Access Scholarly Publishers Association argues “The most liberal Creative Commons license is CC-BY, which allows for unrestricted reuse of content, subject only to the requirement that the source work is appropriately attributed.” One issue for the project has been commercial or non-commercial licensing, and whether NC could be considered harmful. Given that the definition of what constitutes commercial use is problematic, and because the project wanted to catalyse sharing and reuse, the CC-BY 4.0 license was chosen.

The City-wide permissions encourage a re-think of pedagogic practices that were highlighted in our article on the self-evaluation framework, in which we argued for a practitioner-led approach to education and technology that would:

enable practitioners to describe how they use digital tools for creating, repurposing and adapting information and resources. Moreover, it enables a co-operative pedagogic agenda to be defined that focuses upon the social use, sharing and production of multi-media artefacts.

The permissions on offer, and the pedagogic conversations that surround the creation, sharing and re-use of related resources connects the work of the City’s schools to other educators who are using CC-BY licenses.

We had a taste of how the new permissions and the guidance would affect educational practice across Leicester at an important Schools’ OER event in Leicester yesterday, under the tag OERSCH15. The presentations made me consider the following points.

1. What are the relationships that are enabled or opened-up through a discussion of the creation/production, sharing/distribution, and re-use/consumption of resources using an open license? What are the relationships between authors/producers who may be staff and/or students, and those who use/re-use their work?
2. How does the new permission encourage conversations between school leaders and governing bodies, and staff and students about pedagogic practice?
3. How does the new permission encourage federated or co-operative work between schools across a City and beyond? How might this work relate to re-purposing and hacking the national curriculum?
4. What is the relationship between resources created in schools, and the relationships that they reveal, and those used for instance in higher education? How might the processes of open education be revealed in order to encourage transition into higher education?
5. What is the relationship between open licensing, pedagogic practices and the idea of education as a public good? How do we rethink attribution and sharing, through co-operative permissions?
6. How do open educational practices encouraged in this kind of permission support global analyses of problems, so that action can be taken locally?

It was important that Josie was able to highlight how the permissions and the guidance have already affected national practices, for example with the Times Educational Supplement re-focusing on creative commons licenses for its resources portal. Its guidance is

Extracted and remixed from OER Guidance for Schools (2014), by Björn Haßler, Helen Neo and Josie Fraser. Published by Leicester City Council, available under Creative Commons Attribution 4.0

Clearly, it is extra-ordinary that Leicester City council has returned permissions to staff and schools in this way, so long as they openly license their work. There are tensions in this, as were noted in the plenary discussion, including the following.

1. Staff awareness-raising around licensing and copyright, the impact on pedagogic practices, fair-dealing, who validates the quality of published work, and so on.
2. E-safety and safe-guarding, especially where young people are creating and sharing resources. Again who validates and publishes the work, and issues over co-operation and anonymity were to the fore.
3. Senior leadership and governing body awareness, and the support they could offer to teachers in coming to terms with the permission and licensing, and the freedoms given in the guidance.

However, as Miles Berry noted, at least the City Council were creating a space for teachers and schools to engage with young people in discussing these issues. Here was a framework that encourages an open educational environment, and through which richer pedagogic conversations might emerge.

NOTE: for critiques of open education and open educational resources as a form of commodity see the following.

• Mike Neary and Joss Winn’s discussion of Open education: Common(s), commonism and the new common wealth
• Joss Winn’s discussion of Open education: from the freedom of things to the freedom of people
• My discussion of digital and democratic literacy, and technological alienation.