Copyright and Creative Commons

Melanie T. Kowalski

Emory Open Education Initiative Immersion TrainingMay 15, 2014

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By the end of this session you should…

• Have a basic understanding of copyright protection

• Know how to seek copyright permission• Know how to find works licensed under the

Creative Commons• Know how to apply a Creative Commons

License to your own work

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Copyright Law - A quick overview

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What is copyright?

“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”

US Constitution, Article 1, Section 8

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What are the “rights” in Copyright?

The rights of the copyright owner are: To reproduce the work To prepare derivative works To distribute copies of the work To publicly perform the work To publicly display the work directly or by

telecommunication To publicly perform a sound recording by digital

means

Original works of authorship fixed in a tangible medium of expression

What does Copyright Protect?

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What doesn’t Copyright Protect?

• Works not protected by copyright include:– Titles, names, short phrases, slogans– Facts, news and discoveries– Ideas, procedures, methods, systems, processes

(however, these may be patentable)– Works lacking a modicum of originality (e.g. a phone

book in alphabetical order)– Works created by the U.S. government– Useful articles (such as clothing)

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Duration of the Copyright protection

• Copyright law grants exclusive rights to copyright owners – Term of copyright is currently life of the author + 70

years– Copyright notice ( © ) is not required– When copyright expires, work enters the public

domain

• To maintain balance, © Law has several exemptions (Ex. Fair Use)

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Copyright Exemptions

• Classroom Use Exemption – Section 110 (1)• TEACH Act Exemption – Section 110 (2)• Fair Use – Section 107

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Copyright Exemption - Fair Use

Balancing test, comprised of four factors: Purpose and Character Nature of the copyright work Amount of the use Effect on the market or potential market for the

copyrighted work

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How to Obtain Permission

• Identify the © owner • Contact the © owner in writing and include:

– Exact material to be used– Intended use of the material– Form of publication

For OERs = unrestricted audience for an unlimited time

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Permissions Help?

Bielstein, Susan M. Permissions, a Survival Guide: Blunt Talk about Art as Intellectual Property. Chicago: U of Chicago, 2006.

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When Permission Isn’t Needed

• Work is in the public domain– US Federal Government document– Published in US prior to 1923 – Published in a foreign country prior to 1909

• Creative Commons licenses• When you are the creator and have retained the

rights to re-publish

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Using Licensed Materials

• Database user agreements (licenses)– Allows faculty, staff, and students access to content of

databases– Fine when providing links to Emory students– Not fine when providing links to non-Emory students

FOR OERS: NO SUBSCRIPTION = NO ACCESS

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The Creative Commons License

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What are the Creative Commons?

“C-Clones or Creative Commons” by Kristina Alexanderson; This image is being used

under a CC-BY-NC-SA license.

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What are the Licenses

AttributionCC-BY

Attribution-NoDerivsCC-BY-ND

Attribution-ShareAlikeCC-BY-SA

Attribution-NonCommercialCC-BY-NC

Attribution- NonCommercial-ShareAlikeCC-BY-NC-SA

Attribution-NonCommercial-No DerivsCC-BY-NC-ND

“No Rights Reserved” Public Domain Mark

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Applying a CC License to your work

• If your original content, use CC Choose a License Tool http://creativecommons.org/choose/

• If remix of content, use OER IPR Support Creative Commons License Compatibility Wizards - http://www.web2rights.com/OERIPRSupport/creativecommons/

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Creative Commons Exercise

creativecommons.org/choose/

Scenario: I have created a video for my OER textbook. The video includes original content that I created. I want to

share the video with the world using a Creative Commons License. I do want people to be able to remix it, quote it, or create other works with it, as long as they also share their work openly too. I do not care if someone profits from their

use of the video.

Which CC License should I choose??

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Searching for CC Licensed Content

search.creativecommons.org

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Using CC Licensed Content

• Proper Creative Commons attribution should include:– The name or user ID of the creator– The title of the work, if any– The Creative Commons license under which the

original work is available– A reproduction of any copyright notices the creator

included– If you’ve made a derivative work, an identification that

your work is derivative

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Example:

“Moses…” by Giovanni (giopup @ flickr); This image is being used under a CC-BY-SA license.

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Let the Q & A commence!