COPYRIGHT AND CC
LICENSES 101
Ethan Senack
Unless otherwise noted, all slides licensed CC-BY 4.0 by Creative Commons USA
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.
WHY WAS IT CREATED?
WHY WAS IT CREATED?
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”
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?
• Facts
• Functional concepts
• Underlying ideas
• Public domain
• Federally-created works*
WHAT DOESN’T IT COVER?
• Consists of all creative works to which no
exclusive copyrights apply
– Copyright expired
– Never covered by copyright
– Author releases the work
PUBLIC DOMAIN
THE PROBLEM
Zachary Crockett, Priceonomics; data via Tom W. Bell
All rights reserved copyright is the default.
THE PROBLEM
THE PROBLEM
All rights reserved copyright is the default.
STARTING POINT
THE HUMAN READABLE VERSION
THE LEGAL TEXT
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.
CONSIDERATIONS
TYPES OF LICENSES
ADDITIONAL TOOLS
Part of How To Attribute Creative Commons Photos by Foter, licensed CC BY SA 3.0
From Creative Commons licensed under the CC 4.0 Attribution License.
WHERE WE ARE NOW
WHERE WE ARE NOW
BACK TO OER
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.
OTHER ITEMS
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.
WHAT ABOUT FAIR USE?
• Trademarks
• Patents
OTHER IP
Open Educational Resources and Creative
Commons Licenses by Meredith Jacob,
slideshare.net/Meredith Jacob under a
Creative Commons Attribution 4.0 License
(CC-BY)
ATTRIBUTION EXAMPLE
Title
Author
Link
License
ATTRIBUTION EXAMPLE
FACT SHEETS:
https://creativecommonsusa.org/index.php/fact-sheets/
LICENSE CHOOSER:
https://creativecommons.org/choose/
OPEN EDU PLATFORM:
https://creativecommons.org/2017/09/05/invitation-join-
cc-open-education-platform/
RESOURCES
CONTACT
@ESenack
@cc_unitedstates
@CreativeCommonsUSA
www.creativecommonsusa.org
info@creativecommonsusa.org

Copyright and Creative Commons 101

  • 1.
    COPYRIGHT AND CC LICENSES101 Ethan Senack Unless otherwise noted, all slides licensed CC-BY 4.0 by Creative Commons USA
  • 2.
    WHAT IS COPYRIGHT? Copyrightlaw 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.
  • 3.
    WHY WAS ITCREATED?
  • 5.
    WHY WAS ITCREATED? 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”
  • 6.
    Copyright law appliesto 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 • Functionalconcepts • Underlying ideas • Public domain • Federally-created works* WHAT DOESN’T IT COVER?
  • 8.
    • Consists ofall creative works to which no exclusive copyrights apply – Copyright expired – Never covered by copyright – Author releases the work PUBLIC DOMAIN
  • 9.
    THE PROBLEM Zachary Crockett,Priceonomics; data via Tom W. Bell
  • 10.
    All rights reservedcopyright is the default. THE PROBLEM
  • 11.
  • 12.
    All rights reservedcopyright is the default. STARTING POINT
  • 13.
  • 14.
  • 15.
    Attribution. You requirethat 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. CONSIDERATIONS
  • 16.
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  • 19.
    Part of HowTo Attribute Creative Commons Photos by Foter, licensed CC BY SA 3.0
  • 20.
    From Creative Commonslicensed under the CC 4.0 Attribution License.
  • 21.
  • 22.
  • 23.
  • 24.
    WHAT IS COPYRIGHT? Copyrightlaw 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.
  • 25.
  • 26.
    Fair use allowsthe 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. WHAT ABOUT FAIR USE?
  • 27.
  • 28.
    Open Educational Resourcesand Creative Commons Licenses by Meredith Jacob, slideshare.net/Meredith Jacob under a Creative Commons Attribution 4.0 License (CC-BY) ATTRIBUTION EXAMPLE
  • 29.
  • 30.
    FACT SHEETS: https://creativecommonsusa.org/index.php/fact-sheets/ LICENSE CHOOSER: https://creativecommons.org/choose/ OPENEDU PLATFORM: https://creativecommons.org/2017/09/05/invitation-join- cc-open-education-platform/ RESOURCES
  • 31.