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Copyright or Copyleft - Creative Commons
- 1. Copyright or Copyleft: CreativeCommons Resources for Research and Teaching
- 2. CopyrightCopyright This work islicensed under a Creative Commons Attribution Noncommercial Share Alike 3.0 License.
- 3. United States Congress,Article 1, section 8United States Congress, Article 1, section 8 clause 8:clause 8: 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
- 4. Copyright LawCopyright Law Copyrightlaw protects creative works or works of authorship. This includes books, newspapers and other writings, music, art, photography, films, choreography, architecture, computer software and maps. Copyright law grants exclusive rights to the copyright owner, including: Reproduction rights, distribution rights, right to creative adaptations or derivative works, performance and display rights.
- 5. Copyright law doesnot protectCopyright law does not protect •Facts •Ideas – a work must be fixed in a “tangible medium of expression” •Things which are in the public domain, either because the copyright has expired or because it was dedicated to the public domain •Works created by US government employees, blank forms, laws and court decisions, recipes, words and most short phrases, and “common property” works such as calendars.
- 6. Obtaining copyright protectionObtainingcopyright protection Registration is not required, but: – You’ll need to register your work before being able to enforce your claims in a court of law. – If you have registered your work within the first 3 months of publishing, and you win a lawsuit, you may ask for your legal fees to be covered by the other party. How to register your work – Request a registration form from the Copyright Office, housed in the Library of Congress. Their website is http://www.loc.gov/copyright – Return the form with the required filing fee and requested copies of the work. In 12-16 weeks you should receive a certificate of registration.
- 7. Copyright noticeCopyright notice Additionally,though not required, it is a good idea to put a notice of copyright on your work. The notice contains either ©, or the word Copyright, or both, followed by the year of publication and the copyright owner. It might look something like this: Copyright 2007 Jennifer DeJonghe If the notice is visible on the work, a defendant may not use an “innocent infringement” defense.
- 8. Why have copyright?Whyhave copyright? Copyright law is designed to advance the progress of knowledge by protecting an author’s ability to profit from their creativity Too little copyright protection could encourage “piracy” which may discourage artistic creation and would hinder the growth of knowledge –Too much copyright protection could also freeze new authorship and hinder the growth of knowledge. Or it would put new knowledge only in the hands of the rich
- 9. Selling or transferringthe rights to yourSelling or transferring the rights to your workwork
- 10. The “Fair Use”exception to copyrightThe “Fair Use” exception to copyright protectionprotection (section 107 of copyright code)(section 107 of copyright code) Designed to encourage the advancement of knowledge and free flow of ideas Allows use of copyrighted material without permission for educational and research purposes, news reporting and criticism in certain conditions and if the value of the copyrighted work is not diminished.
- 11. The following factorsare considered when FairThe following factors are considered when Fair Use is claimed:Use is claimed: 1. The purpose and character of the use. The more “transformative” the work is, the more justified the fair use claim. 2. The type of work involved. More protection is given to works of fancy, and less to works of research and factual works. 3. The amount and importance of the material used – whether the material used reflects the “heart” of the work. 4. The effect of use on potential market.
- 12. Teach Act of2002 (Technology, Education and Copyright Harmonization Act)
- 13. The Value ofthe Public Domain •When copyright protection on a work expires it becomes part of the public domain. •Many great works are now in the public domain, and you can adapt them, perform, use them in your film score etc. without paying for rights.
- 14. Copyright Term ExtensionAct (CTEA) ofCopyright Term Extension Act (CTEA) of 19981998 Also known as the Sony Bono law or the Mickey Mouse Protection Act Extended copyright protection by 20 years. Is now life of the author plus 70 years and for works of corporate authorship to 120 years after creation or 95 years after publication, whichever endpoint is earlier To determine when something goes into the public domain, you can use a chart here: http://www.copyright.cornell.edu/public_domain/
- 15. The Digital MillenniumCopyright ActThe Digital Millennium Copyright Act (DMCA) of 1998(DMCA) of 1998 The DCMA Increases copyright protection for works transmitted over the internet. If a copyright owner finds that their work is being used without their permission and compensation, the website, the ISP, search engines etc. can all be served with DMCA takedown notices. Search Engines, ISPs etc. are protected from liability, as long as they comply with the takedown requests. The DCMA Criminalizes efforts to circumvent DRM technology. DRM is technology that is used to protect copyrighted material online. It is used by iTunes,
- 16. Criticism of theDMCACriticism of the DMCA Some believe that it is too easy to make copyright challenges, and too difficult to fight a takedown notice. Software research and cryptography may be stifled and DRM software may be uncompetititive due to the protections. The DMCA undermines the “First Sale” doctrine of the US copyright act, which allows you to do what you choose with a purchased item – such as sell, copy, or print it.
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- 20. Licenses Attribution Attribution Share Alike AttributionNo Derivatives Attribution Non-Commercial Attribution Non-Commercial Share Alike Attribution Non-Commercial No Derivatives http://creativecommons.org/about/licenses
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Editor's Notes
- #4 Notice that the promotion of progress is stressed, “profit” is never explicitly mentioned, and the amount of time is not specified
- #6 If something is taken from the public domain and added to, only the new “original” material qualifies for copyright.
- #10 First North American Serial Rights (FNASR): the right to publish your work first in North America, after which the copyright reverts to you. All Rights: selling or transferring all rights to your work for the duration of copyright – you give up all right to profit off that work again. If you die, your rights pass on to your heirs. Publishing and performing rights (MJ owned the beatles, he split royalties 50/50
- #13 Improved section 110(2) of copyright code to allow Fair Use of works in distance education courses (110(1) deals with performance rights in face to face courses) Imposes heavy restrictions on the institution to ensure protection of digital transmissions – institutions are more responsible than individuals Copyrighted material must be held behind closed systems (a CMS, Docutek) Alternatively, instructors can link to articles in library databases
- #14 Of all the major Disney animated movies, it is believed that only Dumbo and Lady and the Tramp involved paying for rights. The rest of the stories came from the public domain. Copyright free/ license free material can be “mashed up” into new creations.
- #18 Copyleft is an overarching term for a variety of licenses which enable creators to explicitly make their materials available for use by others, with some restrictions. It comes out of the open source software movement. According to the GNU Project of the Free Software Foundation, “Copyleft is a general method for making a program or other work free, and requiring all modified and extended versions of the program to be free as well.” In other words, a copyleft license prevents people from taking freely available material, altering it and then selling it as proprietary material. Once it is free, it must remain free.
- #19 “Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.”
- #21 What is the common denominator between these various Creative Commons licenses? Really important point: YOU ALWAYS MUST GIVER ATTRIBUTION That is, one must ALWAYS cite sources. Doesn’t matter if it is a sound file, or image, or on the open web. It doesn’t matter if it has a CC license. You and your students should always cite your sources, even in PowerPoint presentations. If one doesn’t cite, it is plagiarism. Teachers and librarians need to model responsible citing for our students and patrons.
- #22 Creative Commons Search (hyperlinked): can add to Firefox (search engine pull down) searches Google, Yahoo!, flickr, blip.tv, OWL music search and SpinXpress for Creative Commons licensed material Can also use Google Advanced Search or the Yahoo! Creative Commons Search (http://search.yahoo.com/cc)
- #23 Lots of resources on your handout. I’ll just highlight a few.
- #24 Click through to Flickr Advanced Search
- #28 Multimedia – Wikimedia Commons –Not only images, video, audio, but also maps, graphics, logos, diagrams and even screenshots.
- #30 From the folks who brought you the Wayback Machine! The internet archive also includes a bunch of movies that have moved into the public domain
- #35 Questions?