Presentation on copyright, Creative Commons, and open licensing to the FLVC OER Summit 2019 in Orlando, FL.

1. @CC_UNITEDSTATES
Unless otherwise noted, all slides licensed CC-BY 4.0 by Creative Commons USA
COPYRIGHT, CREATIVE COMMONS,
and the future
Ethan Senack

2. • COPYRIGHT
• EXCEPTIONS
• CREATIVE COMMONS LICENSES
• WHAT LICENSES TELL YOU
• REMIXING
• WHAT LICENSES DON’T TELL YOU
SYLLABUS
(not about copyright)
ABOUT YOUR COPYRIGHTS
AND COPYRIGHT
TO COPYRIGHT
WITHIN COPYRIGHT

3. WHAT IS COPYRIGHT?
Copyright law grants to the author or copyright owner the
exclusive right to:
– reproduce, make derivatives of, sell, distribute to the public,
perform or display publicly, the copyrighted work,
– subject to fair use and other limitations and exceptions to
copyright law.

4. WHY WAS IT CREATED?

5. US Constitution: Article 1, Section 8, Clause 8
“The Congress shall have Power To: promote the Progress of Science
and useful Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries”
WHY WAS IT CREATED?

6. Copyright law applies to intellectual property that are “original works of
authorship.”
• Common types of works protected by copyright include literary,
artistic, and musical works.
• Copyright is automatic, so it applies as soon as a work is fixed in
tangible medium.
WHAT DOES IT COVER?

7. • Facts
• Functional concepts
• Underlying ideas
• Public domain
• Federally-created works*
WHAT DOESN’T IT COVER?

8. •Consists of all creative works to which no
exclusive copyrights apply
• Copyright expired
• Never covered by copyright
• Author releases the work
PUBLIC DOMAIN

9. FAIR USE
Fair use allows the use of a copyrighted work without permission from
the copyright holder under specific circumstances.
• News reporting, teaching, and parody are all examples of uses that
could qualify as fair use.
• Fair use is evaluated on a case-by-case basis, and considers the
purpose of the use, how much of the original work is used, and how it
impacts the market for the original work.

10. (1) the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the
copyrighted work.
FAIR USE

11. • COPYRIGHT
• EXCEPTIONS
• CREATIVE COMMONS LICENSES
• WHAT LICENSES TELL YOU
• REMIXING
• WHAT LICENSES DON’T TELL YOU
SYLLABUS

12. Zachary Crockett,
Priceonomics; data via Tom
W. Bell
THE PROBLEM

13. All rights reserved copyright is the default.
THE PROBLEM

14. THE PROBLEM

15. All rights reserved copyright is the default.
OUR STARTING POINT

16. HUMAN READABLE

17. LEGAL TEXT

18. Attribution. You require that anyone who uses your work attribute it’s original form to you. All
licenses require that others who use your work in any way must give you credit the way you
request, but not in a way that suggests you endorse them or their use. If they want to use your
work without giving you credit or for endorsement purposes, they must get your permission
first.
Non-Commercial. You let others copy, distribute, display, perform, and (unless you have
chosen No Derivatives) modify and use your work for any purpose other than commercially
unless they get your permission first.
Share Alike. You let others copy, distribute, display, perform, and modify your work, as long as
they distribute any modified work on the same terms. If they want to distribute modified
works under other terms, they must get permission.
No Derivatives. You let others copy, distribute, display, and perform only original copies of
your work. If they want to modify your work, they must get permission first.
LICENSE CONSIDERATIONS

19. TYPES OF LICENSES

20. OTHER TOOLS

21. WHAT THE LICENSES TELL YOU
Copyright law grants to the author or copyright owner the
exclusive right to:
• reproduce, make derivatives of, sell, distribute to the public,
perform or display publicly, the copyrighted work,
• subject to fair use and other limitations and exceptions to
copyright law.

22. WHAT THE LICENSES TELL YOU

24. Part of How To
Attribute Creative
Commons Photos
by Foter, licensed
CC BY SA 3.0

25. • COPYRIGHT
• EXCEPTIONS
• CREATIVE COMMONS LICENSES
• WHAT LICENSES TELL YOU
• REMIXING
• WHAT LICENSES DON’T TELL YOU
SYLLABUS

26. REMIXING

27. ATTRIBUTION
Title Author Source (Link) License
Open Educational Resources and Creative Commons Licenses
by Meredith Jacob, slideshare.net/Meredith Jacob under a
Creative Commons Attribution 4.0 License (CC-BY)

28. COLLECTIONS vs ADAPTATIONS
- Collections compile different works together while keeping them
organized as distinct separate objects
- Adaptations / derivative works mix objects together in a way
that you can’t tell where one work ends and another one begins

29. COLLECTIONS vs ADAPTATIONS
If your reuse of a CC licensed work does not create an adaptation,
• It does not require you to ShareAlike if you are using an SA-licensed work.
• The ND restriction does not apply if you are using an ND-licensed work, and
• You can combine that CC licensed material with other work as long as you attribute and
comply with the NonCommercial restriction if it applies.
If your reuse of a CC licensed work does create an adaptation,
• then there are limits on whether and how you may share the adapted work.

30. From Creative
Commons licensed
under the CC 4.0
Attribution License.
ADAPTING

31. From Creative
Commons
licensed under
the CC 4.0
Attribution
License.
COMBINING

32. DELINEATE

33. @CC_UNITEDSTATES
Unless otherwise noted, all slides licensed CC-BY 4.0 by Creative Commons USA
COPYRIGHT, CREATIVE COMMONS,
and the future
Ethan Senack