Copyright, Fair Use,
and Creative Commons
Judy D. Schmidt, Reserve Coordinator
x7463, jschmidt@lakelandcc.edu
Corrie Berge...
Origins of Copyright Law
 Medieval Law
So as to each cow
belongs its calf,
so to each book belongs its
copy.
 US Constit...
Somewhat Simple Rules of Thumb
 When you ABSOLUTELY CAN use a work
 When you ABSOLUTELY CANNOT a work
 When you MIGHT b...
You ABSOLUTELY CAN
use a work if…
 You created it
 It’s not under copyright
 Not copyrightable
 Data, Forms, Formulas,...
You ABSOLUTELY CANNOT
use a work if…
 You don’t have the legal right to use it
 Illegal music downloads
 Uploaded to Yo...
You MIGHT be able to use a work if…
 Fair Use applies
(more in a moment!)
 It’s Creative Commons
licensed (wait for it…)...
Confucius say…
 “Easier to get forgiveness than permission.”
 Confucius never met an intellectual-property lawyer!
CC-BY...
Fair Use MYTHS
 “Fair Use is a right”
 No, it’s a legal defense
if you get sued for
infringement
 “Any educational
(or ...
Fair Use “Safe Harbor”
 The purpose and character of the
use, including whether such use is
of commercial nature or is fo...
Purpose and Character
 The purpose and character of the use, including
whether such use is of commercial nature or is for...
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 who...
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 Deriva...
Finding CC Content
 Flikr.com advanced search
 Just Google “Creative Commons”
 Check for SA and ND restrictions!
Questions?
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Copyright fair use-cc

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Copyright fair use-cc

  1. 1. Copyright, Fair Use, and Creative Commons Judy D. Schmidt, Reserve Coordinator x7463, jschmidt@lakelandcc.edu Corrie Bergeron, Instructional Designer x7232, cbergeron@lakelandcc.edu
  2. 2. Origins of Copyright Law  Medieval Law So as to each cow belongs its calf, so to each book belongs its copy.  US Constitution The Congress shall have Power To...promote the Progress of Science and useful Arts, by securing for limited Times to Authors andImages CC-BY-NC sharonlangridge, Jonathan Thorne CC
  3. 3. 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
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. Confucius say…  “Easier to get forgiveness than permission.”  Confucius never met an intellectual-property lawyer! CC-BY IvanWalsh.com
  8. 8. 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
  9. 9. 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]__
  10. 10. Purpose and Character  The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
  11. 11. Nature of the Work  The nature of the copyrighted work  Plays, music, text all treated differently
  12. 12. Amount and Substantiality  The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  13. 13. Market & Value  The effect of the use upon the potential market for, or value of, the copyrighted work
  14. 14. 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
  15. 15. Finding CC Content  Flikr.com advanced search  Just Google “Creative Commons”  Check for SA and ND restrictions!
  16. 16. Questions?
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