Copyright fair use-cc

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  • 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. 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. 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. 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. 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. 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. Confucius say…  “Easier to get forgiveness than permission.”  Confucius never met an intellectual-property lawyer! CC-BY IvanWalsh.com
  • 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. 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. 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. Nature of the Work  The nature of the copyrighted work  Plays, music, text all treated differently
  • 12. Amount and Substantiality  The amount and substantiality of the portion used in relation to the copyrighted work as a whole
  • 13. Market & Value  The effect of the use upon the potential market for, or value of, the copyrighted work
  • 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. Finding CC Content  Flikr.com advanced search  Just Google “Creative Commons”  Check for SA and ND restrictions!
  • 16. Questions?