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by Gelardin New Media Center
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Copyright & Fair Usefor web publishing & multimedia
Image by Horia Varlan
Our goals today Just enough Copyright
How to use other people’s stuff
Questions / Discussion
We’re UNDER-cautious
Image from Jackass
We’re OVER-cautious
Image from A Christmas Story
COPYRIGHT
Why?
COPYRIGHT: why?
“Encourage creation and proliferation of new ideas via a period of limited exclusivity.”
COPYRIGHT: why?
Allow creators to make a living
COPYRIGHT: why?
Society needs more creations!
Image by Fostersartofchilling(Flickr.com)
COPYRIGHT: why?
A limited monopoly.
Image by woodlywonderworks (Flickr.com)
COPYRIGHT: why?
Copyright law has been augmented.
Image by woodlywonderworks (Flickr.com)
COPYRIGHT
What?
COPYRIGHT: what?
Almost everything is copyrighted.
COPYRIGHT: what?
“Fixedformat”
Image by photosteve101 (Flickr.com)
COPYRIGHT: what?
Creators have exclusive rights: Copies Derivatives Etc…
COPYRIGHT: what?
Photographs
Illustrations
Poetry
Videos
Software code
Video games
Choreography
Sheet music
Recorded music
…
COPYRIGHT: what?
Assume it’s copyrighted.
COPYRIGHT: contentious
http://vimeo.com/36881035
By Kirby Ferguson
COPYRIGHT:
misconceptions
Image by uwdigitalcollections (Flickr.com)
COPYRIGHT: misconceptions
MYTH:
If accessible on the internet, use however you please.
COPYRIGHT: misconceptions
MYTH:
Only copyrighted if has copyright symbol.
©
COPYRIGHT: misconceptions
MYTH:
Giving credit is always enough.
Image by woodlywonderworks (Flickr.com)
USINGcopyrighted stuff
USING copyrighted stuff
Common uses: Presentations Blogs Videos & Films Podcasts Teaching materials
USING copyrighted stuff
Using what’s “O.K.”
Asserting “Fair Use”
• Permission• Public Domain• “Kind” Licenses
Being bold, but reasonable.
1. Get Permission Using what’s “O.K.”
Image by david.nikonvscanon (Flickr.com)
2. Public Domain
!= “available in public”
Using what’s “O.K.”
2. Public Domain
Includes:
Most works by U.S. Gov.
Using what’s “O.K.”
2. Public Domain
Includes:
Using what’s “O.K.”
2. Public Domain
Includes:
Never copyrighted.
Using what’s “O.K.”
words, phrases, facts, data, ideas, principles, concepts
2. Public Domain
Includes:
Gifted to P.D.
Using what’s “O.K.”
Image by asenat29 (Flickr.com)
2. Public Domain
Examples:English languageShakespeareBeethoven*
Using what’s “O.K.”
Image by asenat29 (Flickr.com)
2. Public Domain
No big magic list.
Using what’s “O.K.”
2. Public Domain
It takes research.
Using what’s “O.K.”
Image by English106 (Flickr.com)
2. Public Domain
There are better options.
Using what’s “O.K.”
Image by asenat29 (Flickr.com)
3. Kindly-Licensed Using what’s “O.K.”
3. Kindly-Licensed
Flickr.com/creativecommons
Using what’s “O.K.”
Using what’s “O.K.”
Asserting “Fair Use”
Fair Use is…
…asserting legal right to use copyrighted materials, without permission, in a transformative way, in a reasonable quantity, without excessive harm to the copyright holder.
Asserting “Fair Use”
Fair Use is…
…asserting legal right to use copyrighted materials, without permission, in a transformative way, in a reasonable quantity, without excessive harm to the copyright holder.
Asserting “Fair Use”
Built into copyright law.
Fair Use is…
…asserting legal right to use copyrighted materials, without permission, in a transformative way, in a reasonable quantity, without excessive harm to the copyright holder.
Asserting “Fair Use”
No permission, licenses needed.
Fair Use is…
…asserting legal right to use copyrighted materials, without permission, in a transformative way, in a reasonable quantity, without excessive harm to the copyright holder.
Asserting “Fair Use”
Important limitations.
Fair Use is…
…asserting legal right to use copyrighted materials, without permission, in a transformative way, in a reasonable quantity, without excessive harm to the copyright holder.
Asserting “Fair Use”
When benefit to society outweighs costs to creators.
Fair Use Asserting “Fair Use”
Enables: News Parody Documentaries Scholarship Social criticism
Fair Use is… Asserting “Fair Use”
Protection from monopoly on ideas.
Fair Use is…
…a balancing act.
rights of owners vs.
creation of culture.
Asserting “Fair Use”
Image by Aslaskan Dude (Flickr.com)
Fair Use is…
…not black & white.
Asserting “Fair Use”
You need to consider ALL the factors.
When is it FAIR USE?
Four Factor Test:1. Purpose2. Nature3. Amount4. Effect on value
Asserting “Fair Use”
From Section 107 of U.S. Copyright Act.
When is it FAIR USE?
1. The Purpose / Character of use
Is it “transformative” ?
Criticism, commentary, news reporting, teaching, scholarship, parody, or research.
Asserting “Fair Use”
When is it FAIR USE?Transformative examples
Asserting “Fair Use”
Image from “Food Chain Barbie” by Tom Forsythe
Parody
When is it FAIR USE?
Transformative examples
Asserting “Fair Use”
Image from The Colbert Report
Commentary / Parody
When is it FAIR USE?
Transformative examples
Asserting “Fair Use”
Image from The Colbert Report
Commentary / News*
*Need not be good journalism
When is it FAIR USE?
Transformative examples
Asserting “Fair Use”
Image from The Colbert Report
“Small amount”
When is it FAIR USE?
Transformative examples
Asserting “Fair Use”
Image from The Colbert Report
“Small amount” /Informational
When is it FAIR USE?
2. The Nature of use
Unpublished?
Available for education market?
Courts favor the arts over nonfiction; art, music, poetry, feature films…
Asserting “Fair Use”
When is it FAIR USE?
3. The Amount
How much of the original?
Proportional?
Enough to make your point?
Lesser quality = less than full amount.
Asserting “Fair Use”
When is it FAIR USE?
4. The Effect on Market
Is the creator losing money?
Could you have recently bought or licensed it?
Asserting “Fair Use”
When is it FAIR USE?
Transformative Small amount
Asserting “Fair Use”
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources For teaching
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources For teaching Non-profit use*
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources For teaching Non-profit use* Restricted access
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources For teaching Non-profit use* Restricted access Attribution whenever possible
When is it FAIR USE? Transformative Small amount
Asserting “Fair Use”
ALSO… Drawn from multiple sources For teaching Non-profit use* Restricted access Attribution whenever possible Show a good-faith effort
NOT Fair Use? Asserting “Fair Use”
Satire (not parody) Non-transformative For-profit
NOT Fair Use? Asserting “Fair Use”
Small amount Educational Noncommercial
Lost $
Carnegie Hall
NOT Fair Use? Asserting “Fair Use”
Lost $ Commercial Used heart of
work
Beating of Reginald Denny
NOT Fair Use? Asserting “Fair Use”
Lost $ Used heart of
work
Fair Use is EVOLVING. Asserting “Fair Use”
Image by Kevin Dooley (Flickr.com)
Not all TOP-DOWN. Asserting “Fair Use”
Image by Phil Roeder (Flickr.com)
Practices influence law. Asserting “Fair Use”
Image by Phil Roeder(Flickr.com)
Best Practices. Asserting “Fair Use”
Image by Phil Roeder(Flickr.com)
Fair Use “Bill of Rights”.Asserting “Fair Use”
Image by Phil Roeder(Flickr.com)
COPYRIGHT also evolving.Asserting “Fair Use”
Image by Kevin Dooley (Flickr.com)
©©©
©
An ongoing battle. Asserting “Fair Use”
Image by uwdigitalcollections (Flickr.com)
“Intellectual property” vs “digital copies”
To re-cap
Most stuff is copyrighted.
To re-cap
Many ways to use copyrighted stuff:• Public domain• Get permission• Licensed materials• Fair use
To re-cap
FAIR USEboldly asserting our right to use bits of copyrighted stuff in transformative ways – but no clear lines.
