If you were to be shipwrecked on an uninhabited island, and you could only had one tool with you for survival......what would you wantthat tool to be? *”Naufrage” by H.O.F. Paris // Heaven’s On Fire on Flickr
*”Swiss Army Knife” by GNU2000 via CC on Flickr
What is“fair use?” *Copyright & Fair Use - Stanford
FAIR USE: •A long-standing doctrine that was speciﬁcally written into Sec. 107 of the Copyright Act of 1976 •Allows the use of copyrighted material without permission or payment when the beneﬁt to society outweighs the cost to the copyright owner. •Explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research.*Section on fair use from “Copyright in the Classroom: Why Should We Care?” by Amy Hopkins via CC
BASIC *”Five” by woodleywonderworks on Flickr RULES
Rule 1: Are You Creating Something New orJust Copying?The purpose and character of your intended use ofthe material involved is the single most importantfactor in determining whether a use is a fair use.The question to ask here is whether you are merelycopying someone elses work verbatim or insteadusing it to help create something new.
Rule 2: Are Your Competing With the SourceYoure Copying From?Without consent, you ordinarily cannot use anotherpersons protected expression in a way that impairs(or even potentially impairs) the market for his orher work.For example, say Nick, a golf pro, writes a book onhow to play golf. He copies several brilliantparagraphs on putting from a book by Lee Trevino,one of the greatest putters in golf history. BecauseNick intends his book to compete with andhopefully supplant Trevinos, this use is not a fairuse.
Rule 3: Giving the Author Credit Doesnt LetYou Off the HookSome people mistakenly believe that they can useany material as long as they properly give theauthor credit. Not true. Giving credit and fair useare completely separate concepts. Either you havethe right to use another authors material under thefair use rule or you dont. The fact that you attributethe material to the other author doesnt changethat.
Rule 4: The More You Take, the Less Fair YourUse Is Likely to BeThe more material you take, the less likely it is thatyour use will be a fair use. As a general rule, never:quote more than a few successive paragraphs froma book or article, take more than one chart ordiagram, include an illustration or other artwork in abook or newsletter without the artists permission,or quote more than one or two lines from a poem.Contrary to what many people believe, there is noabsolute word limit on fair use. For example,copying 200 words from a work of 300words wouldnt be fair use. However, copying 2000words from a work of 500,000 words might be fair.It all depends on the circumstances.To preserve the free ﬂow of information, authorshave more leeway in using material from factualworks (scholarly, technical, and scientiﬁc works)than to works of fancy such as novels, poems, andplays.
Rule 5: The Quality of the Material Used Is asImportant as the QuantityThe more important the material is to the originalwork, the less likely your use of it will beconsidered a fair use.In one famous case, The Nation magazineobtained a copy of Gerald Fords memoirs beforetheir publication. In the magazines article aboutthe memoirs, only 300 words from Fords 200,000-word manuscript were quoted verbatim. TheSupreme Court ruled that this was not a fair usebecause the material quoted (dealing with theNixon pardon) was the "heart of the book ... themost interesting and moving parts of the entiremanuscript," and that pre-publication disclosure ofthis material would cut into value or sales of thebook.In determining whether your intended use ofanother authors protected work constitutes a fairuse the golden rule: Take from someone else onlywhat you wouldnt mind someone taking from you.
BTW:Some rights reserved by C. Young Photography
Motion MediaUp to 10% or 3 minutes, whichever is less, of asingle copyrighted motion media workText MaterialUp to 10% or 1000 words, whichever is less, of asingle copyrighted work of textText Material – PoemsAn entire poem of less than 250 words but no morethan three poems by one poet, or ﬁve poems bydifferent poets from any single anthology.In poems of greater length:up to 250 words but no more than three excerptsby a single poet or ﬁve excerpts by different poetsfrom a single anthology.
Music, Lyrics, and Music VideoUp to 10% but no more than 30 seconds of musicand lyrics from a single musical work.Any alterations to a musical work shall not changethe basic melody or the fundamental character ofthe work.Illustrations and PhotographsA photograph or illustration may be used in itsentirety.No more than 5 images by an artist orphotographer.Not more than 10% or 15 images, whichever isless, from a single published collected work.
CAUTION *”Sponge Bob No Pants” by Sister 72 on Flickr
How does onego about getting acopyright for their work?
My YouTube experiences: A Cooperative Resolution?The Educational Remix- At Odds With Copyright?
What Is Creative Commons?Creative Commons is a nonproﬁt organization that enables the sharing and use ofcreativity and knowledge through free legal tools.Our free, easy-to-use copyright licenses provide a simple, standardized way to givethe public permission to share and use your creative work — on conditions of yourchoice. CC licenses let you easily change your copyright terms from the default of “allrights reserved” to “some rights reserved.”Creative Commons licenses are not an alternative to copyright. They work alongsidecopyright and enable you to modify your copyright terms to best suit your needs.We’ve collaborated with intellectual property experts around the world to ensurethat our licenses work globally.
What Can Creative Commons Do For Me?If you want to give people the right to share, use, and even build upon a work you’vecreated, you should consider publishing under a Creative Commons license. CC givesyou ﬂexibility (for example, you can choose to allow only noncommercial uses) andprotects the people who use your work, so they don’t have to worry about copyrightinfringement, as long as they abide by the conditions you have speciﬁed.If you’re looking for content that you can freely and legally use, there is a giant poolof CC-licensed creativity available to you. There are hundreds of millions of works —from songs and videos to scientiﬁc and academic material — available to the publicfor free and legal use under the terms of our copyright licenses, with more beingcontributed every day.
Is your attribution good enough?Ask yourself whether an interested viewer/reader/listener/other user is able toeasily discern who gets credit (attribution) for the original work, and the freedomsassociated with that work (license notice). If they can, great! If not, considerwhether you are making a good faith effort to use the licensed work according toits terms.If in doubt, you can try asking the original publisher. They may have alreadyprovided attribution guidelines. Best practices for marking content with Creative Commons licenses. (users)
One last thing:The licenses do not require you to inform a creator that you are using her CC-licensed work, but it’s a nice thing to do. Most people are very happy to learn thatsomeone is using and building upon their creations; that’s why they use CreativeCommons licenses in the ﬁrst place.
Examples of notiﬁcation & courtesy:Below are a few examples of notiﬁcation of use via Flickr comments.Simply click the link and scroll down to my comment:•We’re Not in Kansas Anymore•iPhone 4•The Spiders Create Tightropes From Bulb to Bulb•unfoldingThe bottom line? People love to know where their work is beingused.
Sometimes, we do thebest we can... Wile E. Coyote?