The document discusses the complexities of copyright licensing and emphasizes the balance between protecting creators’ rights and promoting public access to creative works. It outlines exclusive rights granted by copyright law, licensing options available for licensors and licensees, and the implications of terms of service in managing these rights. The content also touches on the importance of incentives in copyright management.

1. Copyright Licensing
for Review and Reuse
Progression: Business
Management Topics
STC Summit 2015
Dylan Tuttle

2. Have you ever felt
ripped off?
2

3. Uber, the world’s largest taxi
company, owns no vehicles.
Facebook, the world’s most
popular media owner, creates
no content. Alibaba, the most
valuable retailer, has no
inventory. And Airbnb, the
world’s largest accommodation
provider, owns no real estate.
Something interesting is
happening.
–Tom Goodwin
http://techcrunch.com/2015/03/03/in-the-age-of-disintermediation-the-
battle-is-all-for-the-customer-interface/#.dkcsdj:oLkX 3

4. Why copyright?
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.
-Article I, Section 8, Clause 8 of
the United States Constitution
http://en.wikipedia.org/wiki/Copyright_Clause 4

5. What are these
exclusive rights?
• Reproduction
– To reproduce the work…
• Adaptation
– To prepare derivative works…
• Publication
– To distribute copies…
• Performance
– To publicly perform the work…
• Display
– To publicly display the work…
https://www.law.cornell.edu/uscode/text/17/106 5

6. Are there limitations or
exceptions?
• Copyrightable subject matter
– Idea-expression dichotomy
– Useful articles
• Fair Use
– Transformative
• OCILLA
– Online Copyright Infringement
Liability Limitation Act
https://en.wikipedia.org/wiki/Copyright_law_of_the_United_States 6

7. What are your
licensing options?
• Assignment
• Exclusive license
• Nonexclusive license
• Harmony Agreements
– Assignment vs. license
• Creative Commons
– CC BY
– CC BY-SA
– CC BY-ND
– CC BY-NC
– CC BY-NC-SA
– CC BY-NC-ND
7

8. Are you the licensor or
the licensee?
Licensor Licensee
Contributor
License
Agreement
Maximum
incentive
Minimum
protection
Contributor
Assignment
Agreement
Minimum
incentive
Maximum
protection
Creative
Commons
Minimum
incentive
Maximum
protection
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9. Terms of service give
you an alternative.
• Legally binding, terms of
service allow you to create
custom solutions.
• In addition to copyright
governance, privacy is a
major concern.
– Terms of Service; Didn’t Read
– https://tosdr.org/index.html
• Equitable terms of service
make for happy customers.
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10. Beyond the Firewall
• Work for hire
• Terms of service
– Inbound license
– Outbound license
• Permission to copy and adapt is
not the same as permission to
publish or distribute.
– Public vs. private
– Propagate vs. convey
• Do not underestimate the
importance of incentives.
– Maslow’s hierarchy of needs
– WIIFM
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