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Copyright, Fair Use, and Creative Commons
Judy D. Schmidt, Reserve Coordinatorx7463, [email protected]
Corrie Bergeron, Instructional Designer
x7232, [email protected]
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?
