Copyright fair use-cc

Copyright, Fair Use, and Creative Commons

Judy D. Schmidt, Reserve Coordinatorx7463, jschmidt@lakelandcc.edu

Corrie Bergeron, Instructional Designer

x7232, cbergeron@lakelandcc.edu

Origins of Copyright Law

Medieval Law

S o a s t o e a c h c o w b e l o n g s i t s c a l f , s o t o e a c h b o o k b e l o n g s i t s c o p y .

US Constitution

Th e Con g r e s s s h a l l h a v e Pow e r To . . . p r omo t e th e Prog r e s s o f Sc i en c e a n d u s e f u l A rt s , b y s e c u r i n g f o r l i m i t e d Ti me s t o A uth o r s an d In ven t o r s t h e e x c lu s i v e R i g h t t o t h e i r r e s p e c t i v e Wr i t i n g s a n d D i s c o v e r i e s . . . . - ARTICLE I, SECTION 8, CLAUSE 8

Images CC-BY-NC sharonlangridge, Jonathan Thorne CC

Somewhat Simple Rules of Thumb

When you ABSOLUTELY CAN use a work When you ABSOLUTELY CANNOT a work When you MIGHT be able to use a work

You ABSOLUTELY CAN use a work if… You created it It’s not under copyright

Not copyrightable Data, Forms, Formulas, Equations

Public Domain Out of copyright (kind of complicated…) Created by US Government Specifically put in PD

You have permission Explicit permission (Films on Demand, library’s

research databases, journal subscriptions) Creative Commons

You ABSOLUTELY CANNOT use a work if… You don’t have the legal right to use it

Illegal music downloads Uploaded to YouTube in violation of copyright Use other than granted permissions

Video “For private home use only” in classroom Not “Sharing Alike” (Creative Commons)

Permission explicitly denied There was this math website…

CC-BY-NC Nick in exsilio

You MIGHT be able to use a work if…

Fair Use applies (more in a moment!)

It’s Creative Commons licensed (wait for it…)

When in doubt, try to get permission!

CC-BY-NC tharpo

Confucius say… “Easier to get forgiveness than permission.”

Confucius never met an intellectual-property lawyer!

CC-BY IvanWalsh.com

Fair Use MYTHS

“Fair Use is a right” No, it’s a legal defense

if you get sued for infringement

“Any educational (or non-profit) use is Fair Use” Judges have ruled

otherwise and awarded $ damages

“10% rule” or “10-second rule” No such thing

CC-BY deflam

Fair Use “Safe Harbor”

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

The nature of the copyrighted work

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

The effect of the use upon the potential market for, or value of, the copyrighted work

- copyright.gov

CC-BY-NC Olga __o[IT]__

Purpose and Character

The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

Nature of the Work

The nature of the copyrighted work Plays, music, text all treated differently

Amount and Substantiality

The amount and substantiality of the portion used in relation to the copyrighted work as a whole

Market & Value

The effect of the use upon the potential market for, or value of, the copyrighted work

Creative Commons

Founded 2001 Pre-defined permissions to use creative works

Attribution Non-commercial No Derivatives Share-alike

Three-layered legal licenses Machine-readable Human-readable Lawyer-readable

Finding CC Content

Flikr.com advanced search Just Google “Creative Commons” Check for SA and ND restrictions!

Questions?