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Copyright and Fair Use
Public Domain
Older works that that are no longer protected by
copyright (being eroded by increasingly long copyright terms…life of creator + 75 years)
Creative Commons
• Works that creators have licensed to be shared (with various restrictions: attribution, noncommerical, share alike, no derivations)
See flickr.com/creativecommons for images and http://search.creativecommons.org/ for all media
Plagiarism
• Using part or all of a work without giving credit to the author / creator (considered academic dishonesty).
• Giving attribution/credit protects you from being charged with plagiarism but is NOT a defense against copyright infringement
Fair Use Considerations
• Purpose of the Use (analysis, parody or critique; transformative vs. derivative; educational vs. commercial)
• Amount of the work (less is better, but no clearly accepted rule)
• Commercial Impact (would the existence of this text reduce the value of the original?)
Radical Fair Use
Center for Social Media attempts to document the existing community standards for fair use of amateur video (wouldn’t necessarily hold up in Court the the “code of best practices” was made by lawyers)
Possible Fair Use DefensesSampling copyrighted material for the purpose
of:• Commenting or critiquing• Providing illustration or example of a cultural
phenomenon• Capturing material incidentally (e.g. song in
background at a party)• Memorializing an event / experience / cultural
phenomenon (e.g. video of concert or speech)
Key fair use defenses
• The remix video radically transforms the sampled content creating something new.
• The remix video could not be a suitable substitute for the original.
• The remix video follows accepted “community standards” on YouTube.