2. • COPYRIGHT
• EXCEPTIONS
• CREATIVE COMMONS LICENSES
• WHAT LICENSES TELL YOU
• REMIXING
• WHAT LICENSES DON’T TELL YOU
SYLLABUS
(not about copyright)
ABOUT YOUR COPYRIGHTS
AND COPYRIGHT
TO COPYRIGHT
WITHIN COPYRIGHT
3. WHAT IS COPYRIGHT?
Copyright law grants to the author or copyright owner the
exclusive right to:
– reproduce, make derivatives of, sell, distribute to the public,
perform or display publicly, the copyrighted work,
– subject to fair use and other limitations and exceptions to
copyright law.
5. US Constitution: Article 1, Section 8, Clause 8
“The Congress shall have Power To: promote the Progress of Science
and useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries”
WHY WAS IT CREATED?
6. Copyright law applies to intellectual property that are “original works of
authorship.”
• Common types of works protected by copyright include literary,
artistic, and musical works.
• Copyright is automatic, so it applies as soon as a work is fixed in
tangible medium.
WHAT DOES IT COVER?
7. • Facts
• Functional concepts
• Underlying ideas
• Public domain
• Federally-created works*
WHAT DOESN’T IT COVER?
8. •Consists of all creative works to which no
exclusive copyrights apply
• Copyright expired
• Never covered by copyright
• Author releases the work
PUBLIC DOMAIN
9. FAIR USE
Fair use allows the use of a copyrighted work without permission from
the copyright holder under specific circumstances.
• News reporting, teaching, and parody are all examples of uses that
could qualify as fair use.
• Fair use is evaluated on a case-by-case basis, and considers the
purpose of the use, how much of the original work is used, and how it
impacts the market for the original work.
10. (1) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
FAIR USE
11. • COPYRIGHT
• EXCEPTIONS
• CREATIVE COMMONS LICENSES
• WHAT LICENSES TELL YOU
• REMIXING
• WHAT LICENSES DON’T TELL YOU
SYLLABUS
18. Attribution. You require that anyone who uses your work attribute it’s original form to you. All
licenses require that others who use your work in any way must give you credit the way you
request, but not in a way that suggests you endorse them or their use. If they want to use your
work without giving you credit or for endorsement purposes, they must get your permission
first.
Non-Commercial. You let others copy, distribute, display, perform, and (unless you have
chosen No Derivatives) modify and use your work for any purpose other than commercially
unless they get your permission first.
Share Alike. You let others copy, distribute, display, perform, and modify your work, as long as
they distribute any modified work on the same terms. If they want to distribute modified
works under other terms, they must get permission.
No Derivatives. You let others copy, distribute, display, and perform only original copies of
your work. If they want to modify your work, they must get permission first.
LICENSE CONSIDERATIONS
21. WHAT THE LICENSES TELL YOU
Copyright law grants to the author or copyright owner the
exclusive right to:
• reproduce, make derivatives of, sell, distribute to the public,
perform or display publicly, the copyrighted work,
• subject to fair use and other limitations and exceptions to
copyright law.
27. ATTRIBUTION
Title Author Source (Link) License
Open Educational Resources and Creative Commons Licenses
by Meredith Jacob, slideshare.net/Meredith Jacob under a
Creative Commons Attribution 4.0 License (CC-BY)
28. COLLECTIONS vs ADAPTATIONS
- Collections compile different works together while keeping them
organized as distinct separate objects
- Adaptations / derivative works mix objects together in a way
that you can’t tell where one work ends and another one begins
29. COLLECTIONS vs ADAPTATIONS
If your reuse of a CC licensed work does not create an adaptation,
• It does not require you to ShareAlike if you are using an SA-licensed work.
• The ND restriction does not apply if you are using an ND-licensed work, and
• You can combine that CC licensed material with other work as long as you attribute and
comply with the NonCommercial restriction if it applies.
If your reuse of a CC licensed work does create an adaptation,
• then there are limits on whether and how you may share the adapted work.
How many of you have heard of CC?
Introduce myself, I’m honored to be here. One of the big perks of my job is that I get to travel a lot and the downside is that it’s to deliver the DRYEST keynote of all time, logistics and technical aspects of copyright. Thank you, I’m looking forward to this next hour! We’ll try to have fun with it. What is Creative Commons? A set of licenses and an organization that advocates for knowledge sharing, equitable access to information, and the resurgence of a vibrant commons.
So – that’s generally what we’re working on, here’s what I want to cover today.
This is the piece that often gets forgotten. Securing rights is a means, not an end.
Note the difference between works created by federal employees, which are public domain, and works created by contractors and grantees, which are copyrighted.
A vibrant public domain/intellectual commons is crucial for society – creates a foundation for new knowledge to build upon, promotes the spread of concepts and ideas, inspires innovation, improvements in technology an health, strengthens democracy. Note that the public domain does have an official definition – we use it to refer to a lot of things. (https://books.google.com/books?id=KJmNGglq0nwC&dq=public+domain&lr=&as_brr=3&source=gbs_navlinks_s)
At CC, we think that fair use is an essential part of the ecosystem, not made obsolete by open licensing. You can’t teach history without historical photos, or literature without modern classics. So one of the big projects we’re working on now is around how to help educators feel more comfortable with fair use and integrate it into open publishing.
Important to note that the CC licenses to not impinge on fair use. If a use is fair, the CC licenses to not supersede it.
When copyright was created, it lasted for 14 years with an option extension for 14 more. That became 70+ years.
Whether you put a license on it or not, it is All Rights automatically, lasts for Life + 70, or 100 years from creation.
Justin Hall. With the advent of the Internet, and the growing amount of content created with the intent to share (see the first blog ever written, above), it was clear that things needed to change. Fair use – while essential and useful for the mediums it considered (tv, print, etc), It’s not enough for the fluidity of the internet.
The goal was to make copyright more flexible for the human, for the creator. Clearly signal that a work is MEANT to be shared
Here’s your quick facts about the licenses, I don’t want to belabor them. Three layers to each licenses – first, human readable. What the licenses tell you that you can do.
Second, legal text. We had some of the top copyright experts in the world do this work so you don’t have to. Full legal standing – and to solve to one-to-one license issue.
Also – machine readable layer (which allows indexing and search engines to crawl for content)
The four main considerations combine to create six different licenses.
There are two other tools that are worth knowing about. CC 0 allows authors to waive all their rights and essentially place the work in the public domain. This is different from the public domain MARK, which allows people to tag works they believe are in the public domain. (for better findability). The mark is not a license. Also, the licenses do not supersede the public domain (you can’t add restrictions onto something that has no restrictions).
The extent to which you can exercise these rights.
The extent to which you can exercise these rights.
Remixing is easier with CC licensing, but it still operates within a complicated environment. I’m going to give you my top 3 tips here, but I WILL NOT be able to communicate everything you need to know about remixing in the next 3.5 minutes, and this is a good place to again remind you that this general information should not be construed as legal advice.
No matter what the reuse or remix is, the first step is good attribution. 4 key elements – TASL We recommend this even with CC0 works, because it’s good practice to recognize good work.
This is an important legal distinction, because whether something “rises” to the level of an adaptation impacts what restrictions are placed on it.
This chart is for deciding how to license and ADAPTED work.
This chart is for deciding which types of CC licensed works can be mixed.
At the end of the day, the most important thing is to delineate. Be SUPER clear which works are yours, which works are not.