Fair use• Possibly the least-understood concept in copyright!• An “afﬁrmative defense” in a copyright lawsuit.• Principles and guidelines, not hard-and- fast rules. Photo: Kathleen Conklin, “The ﬁshermen,” http://www.ﬂickr.com/photos/ktylerconk/3719425068/, CC-BY
Four-factor fair use test• Character of the use• Nature of the work• Amount of the work copied• Effect on the market for that work, if everybody did what you’re doing• ALL FOUR considered in a lawsuit.• Fair Use Evaluator: http:// librarycopyright.net/fairuse/ Photo: liz west, “canoes aﬂoat,” http://www.ﬂickr.com/photos/calliope/909753159/, CC-BY
How to know for sure whether a use is fair, in four simple steps 1. Copy a copyrighted work. 2. Get yourself sued by the work’s legitimate copyright owner. 3. Plead fair use as a defense. 4. Win the case.AFAIK, this is the only way.
Have I scared you yet?The next bit is less scary.
Three cheers for the feds! • Original work produced by federal employees in the course of their jobs is in the public domain. • Unless it’s conﬁdential or something, of course. Photo: O Palsson, “Inside the dome of the U.S. Capitol Building,” http://www.ﬂickr.com/photos/opalsson/3089698096/, CC-BY
http://nasaimages.org/ Photo: NASA (via http://nasaimages.org/), “Multiwavelength M81”
The motherlode: http://www.usa.gov/ Topics/Graphics.shtml(but be careful; not everything you’ll ﬁnd here is by federal employees)
Creative Commons• What if you want people to reuse your stuff? • You could grant it to the public domain... • ... but then anybody can do anything with it.• Creative Commons is a middle ground. • Creators licensing copyrighted works to all comers for reuse! • Under certain terms and conditions. • If you don’t obey the terms of the license, you can be sued for copyright infringement. So do what the license says!• http://creativecommons.org/
Terms and conditions• BY: Must attribute to creator. • On all CC licenses except CC0/PDD (public domain dedication)• ND: No derivative works.• NC: Non-commercial use only.• SA: Share-alike • Release your new work under the same license.• These can be combined!
Where to ﬁnd CC-licensed works• Images: Flickr • Has its own CC search, or use Google Images advanced search, or • Flickr Storm: http://www.zoo-m.com/ﬂickr-storm/ • Compﬁght: http://www.compﬁght.com/ • GREAT source of legally-usable images for your projects!• Music: ccMixter • http://ccmixter.org/ • Also see http://incompetech.com/ (yes, really) • Jamendo: http://www.jamendo.com/en/• PLEASE GIVE BACK!
Paddle on! http://www.slideshare.net/cavlec/ This presentation is licensed under a Creative Commons 3.0 Attribution license. Photo: Pete Birkinshaw, “Canoes and Borrowdale,” http://www.ﬂickr.com/photos/binaryape/3314036576/, CC-BY