The document discusses the legal framework around copyright and open licensing that powers Wikipedia, explaining that Wikipedia uses exclusively open content that is either in the public domain, licensed under open licenses like CC BY-SA, or falls under the fair use exception. It provides an overview of copyright, the public domain, open licensing terms like CC0 and CC BY, and best practices for contributing content to Wikipedia to ensure it follows these open rules. The goal is to help people feel more confident about editing and contributing text and media to Wikipedia and its sister projects.

1. Understanding the legal engine
that powers Wikipedia
Copyright, the public domain, and open licensing
Timothy Vollmer
Scholarly Communication + Copyright Librarian
UC Berkeley Library
March 4, 2020

2. ● What do we want to cover
today?
○ Copyright
○ Public Domain
○ Open licensing
● Goal: helping you feel
more confident in editing
and contributing text and
media to the Wikimedia
projects

3. ● Wikipedia is...
○ Open collaboration
project
○ Running on open
source software
○ community sets the
rules about
contributing

4. ● What do these rules say?
● Exclusively “free content”
○ all materials on
platform must made
openly available to
share, reuse, and
repurpose

6. ● As creators, we all have
rights under copyright,
and we need to
understand how we can
use these rights to share
on Wikipedia
● And we need to know
what rights and
responsibilities we have in
using others’ works too

7. Copyright
Photo by tanialee gonzalez on Unsplash

8. Exclusive rights to make
certain uses of
original expression for
limited period of time
Photo by Luis Alfonso Orellana on Unsplash

9. Exclusive Rights
1. Reproduction
2. Derivative works
3. Distribution
4. Public performance
5. Public display
Black Lives Matter Black Friday

10. Limited Period
● Varies, but at least
author’s life + 70 years
● Within the “protected”
period, you need
author’s permission to
reproduce, display,
perform, etc. Black Lives Matter Black Friday

11. If copyright gives authors
exclusive rights for so long,
how can we ever use
anything?

12. Limitation: Expression, not facts
expression
ideas or facts

13. Limitation: The Public Domain
FEDERAL GOVERNMENT WORKS
James Nasmyth, Normal Lunar Crater, 1870.
http://hdl.handle.net/10934/RM0001.COLLECT.479722
EXPIRED COPYRIGHT
https://www.flickr.com/photos/projectapolloarchive/2166929401
1/in/album-72157658601662068/

14. If a limitation (e.g. just facts, public
domain) doesn’t apply, then we need
to rely on an exception (like fair use)
or use openly licensed content.

15. “The fair use of a
copyrighted work…for
purposes such as
criticism, comment, news
reporting, teaching…,
scholarship, or research,
is not an infringement of
copyright.”
Photo: AFP / GreenPeace / Victor
Moriyama

16. ● Wikipedia's goal is to be a
free content encyclopedia
for everyone, anywhere
around the world.
● They lean against making
uses of content under
“fair use,” and have
additional hurdles to
include such
content/media.

17. Black Lives Matter protest against St. Paul police brutality
Not in the public domain? Still okay if it already
has a license on it.

18. ● “Some rights reserved”
● Creators keep copyright
● Give permissions to use
works in certain ways
● Attribution required
● Promotes sharing and
reuse

19. ● CC0 Public Domain
● CC BY
● CC BY-SA

20. Black Lives Matter protest against St. Paul police brutality

21. ● Open licensing permits reuse
of text and media across
Wikipedia, and beyond
Black Lives Matter protest against St. Paul police brutality

22. ● What are the best
practices for contributing
to Wikipedia from a
copyright and licensing
perspective?

23. ● If you contribute text that
you authored, you license
it to the public for reuse
under a CC BY-SA and
GFDL license.

25. ● If you want to use text
that someone else has
created, should already
be under CC BY-SA and
GFDL, or in the public
domain.
● Fair use allowed in very
limited circumstances.
● Linking to lawful content
always permitted.

26. ● Re-using text content:
provide attribution!
○ a hyperlink (where
possible) or URL to the
page you are re-using,
OR
○ a list of all authors of
the page

27. ● If you wish to reuse or
upload images or media
that someone else has
created, must be public
domain, open license,
copyright was transferred
to you
● Fair use allowed in very
limited circumstances.
● Linking to lawful content
always permitted.

29. KEY TAKEAWAYS FROM TODAY
● You have copyright in what you create
● You can edit and upload content on Wikipedia,
but follow the rules around open licensing,
public domain, fair use (very limited)
● You can reuse others’ content from Wikipedia,
but follow the license terms, and attribute

30. MORE RESOURCES
● Wikipedia:Copyrights
● Wikipedia:Contributors Rights and Obligations
● Wikipedia:Reusers’ Rights and Obligations
● Wikipedia:FAQ/Copyright
● Wikipedia:Non-free content
● Wikipedia:Image use policy
● Copyright Quick Start LibGuide

31. We can help.
Contact us!
Office of Scholarly
Communication
Services
Website:
www.lib.berkeley.edu/scholcomm
E-mail:
schol-comm@berkeley.edu

32. Image credits
● Wikipedia logo - CC BY-SA 3.0
● Black Lives Matter Black Friday - CC BY-SA 2.0
● Black Lives Matter protest against St. Paul policy brutality - CC BY 2.0
● “text-box” icon - CC BY 3.0 US
● “upload” icon - CC BY 3.0 US