Notes on Copyright and Fair Use
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Notes on Copyright and Fair Use

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Notes on copyright, fair use, licensing, public domain, Creative commons

Notes on copyright, fair use, licensing, public domain, Creative commons

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    Notes on Copyright and Fair Use Notes on Copyright and Fair Use Presentation Transcript

    • Copyright and Licensing: Who owns it and can I have it? Notes, HIST390-003, The Digital Past, Lee Ann Cafferata, George Mason University Spring 2014
    • What is copyright? • In general terms, When I create something—a photograph, a poem—I have exclusive right to own that work. It’s mine. I can control who has the right to use what I create, whether they need to pay for the right, and how long they can use it.
    • More copyright generalities • When I work for someone, however, the institution I work for holds the copyright to what I create on my job. • Although the employer holds the copyright, I can have the right of attribution, that is to have my name included as the creator, designer, or author.
    • Copyright and Fair Use should work together • Copyright is actually intended to encourage progress, creativity, and innovation for the benefit of society as a whole. • Fair use provides an important exception to copyright to balance the interests of creators and the public good. It provides for public discourse, commentary, and inspiration for others Jessica Meindertsma, “Copyright Corner,” Ohio State University Libraries Copyright Center http://library.osu.edu/blogs/copyright/
    • Three Perspectives • Who owns George Washington’s correspondence? Folsom v. Marsh (C.C.D.Mass. 1841) (No. 4,901) • Project Gutenberg e-books. [http://www.gutenberg.org/wiki/Main_Page] See the About section. • The Authors Guild, Inc v Google, Inc.[ See Judge Chin’s ruling] [https://www.documentcloud.org/documents/83 4877-google-books-ruling-on-fair-use.html]
    • What is Fair Use? • Fair use includes exceptions to my exclusive ownership as the creator and copyright holder. Under some circumstances, my work can be used without my permission. • REALLY? Yes
    • Terms of Fair Use • Fair Use is broad, tricky and often on a case-by-case basis. Research before you do it. It rests of four general factors of evaluation: • The purpose and character of the use, including whether such use is of a 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
    • What is public domain? • Material in the public domain has no copyright owner. Use it, change it, drop it on leaflets off an airplane. It doesn’t matter.
    • What is in public domain? • Works published before 1923 • Works published through 1977 without a copyright notice • Other published works between 1923 and the present may be in the public domain, but it’s necessary to look at variables • Works prepared by an employee of the US Government as part of his/her duties
    • What is licensing • Licensing is permission by a copyright owner to allow others to use a work. The license includes terms of use such as attribution, where, how, and how long the material may be used.
    • What is Creative Commons? • Creative commons licenses are legal tools that creators and other rights holders can use to offer certain usage rights to the public, while reserving other rights. They are useful for people who want to make their work available to the public under defined terms of use. • Others who want to reserve all of their rights under copyright law should not use CC licenses.
    • Creative Commons Licenses • The Creative Commons license has six variations. It’s really a collection of licenses that cover particular uses. These include whether the licensed work can be used commercially, whether it can be modified, and whether derivative work can be redistributed under the same (or a compatible) license. A Creative Commons license can be restricted to certain jurisdictions or apply internationally.
    • Six kinds of Creative Commons Licenses • • • • • • Attribution Non-commercial No Derivatives Attribution Non-commercial Share Alike Attribution Non-commercial Attribution No Derivatives Attribution Share Alike Attribution
    • Creative Commons Terms • Attribution: Credit the original licensor • Share-Alike: you must credit the original licensor and license your new work under identical terms • No Derivatives: you may not edit the licensed item in any way • CHOOSE A LICENSE AND ADD IT IN THE WIDGET AREA OF YOUR BLOG: http://creativecommons.org/choose/