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!