4. If you were to be shipwrecked
on an uninhabited island,
and you could only had one tool
with you for survival...
...what would you want
that tool to be? *”Naufrage” by H.O.F. Paris // Heaven’s On Fire on Flickr
10. FAIR USE:
•A long-standing doctrine that was specifically
written into Sec. 107 of the Copyright Act of 1976
•Allows the use of copyrighted material without
permission or payment when the benefit to society
outweighs the cost to the copyright owner.
•Explicitly allows use of copyrighted materials for
educational purposes such as criticism, comment,
news reporting, teaching, scholarship, and
research.
*Section on fair use from “Copyright in the Classroom: Why Should We Care?” by Amy Hopkins via CC
11. BASIC *”Five” by woodleywonderworks on Flickr
RULES
12. Rule 1: Are You Creating Something New or
Just Copying?
The purpose and character of your intended use of
the material involved is the single most important
factor in determining whether a use is a fair use.
The question to ask here is whether you are merely
copying someone else's work verbatim or instead
using it to help create something new.
13. Rule 2: Are Your Competing With the Source
You're Copying From?
Without consent, you ordinarily cannot use another
person's protected expression in a way that impairs
(or even potentially impairs) the market for his or
her work.
For example, say Nick, a golf pro, writes a book on
how to play golf. He copies several brilliant
paragraphs on putting from a book by Lee Trevino,
one of the greatest putters in golf history. Because
Nick intends his book to compete with and
hopefully supplant Trevino's, this use is not a fair
use.
14. Rule 3: Giving the Author Credit Doesn't Let
You Off the Hook
Some people mistakenly believe that they can use
any material as long as they properly give the
author credit. Not true. Giving credit and fair use
are completely separate concepts. Either you have
the right to use another author's material under the
fair use rule or you don't. The fact that you attribute
the material to the other author doesn't change
that.
15. Rule 4: The More You Take, the Less Fair Your
Use Is Likely to Be
The more material you take, the less likely it is that
your use will be a fair use. As a general rule, never:
quote more than a few successive paragraphs from
a book or article, take more than one chart or
diagram, include an illustration or other artwork in a
book or newsletter without the artist's permission,
or quote more than one or two lines from a poem.
Contrary to what many people believe, there is no
absolute word limit on fair use. For example,
copying 200 words from a work of 300
words wouldn't be fair use. However, copying 2000
words from a work of 500,000 words might be fair.
It all depends on the circumstances.
To preserve the free flow of information, authors
have more leeway in using material from factual
works (scholarly, technical, and scientific works)
than to works of fancy such as novels, poems, and
plays.
16. Rule 5: The Quality of the Material Used Is as
Important as the Quantity
The more important the material is to the original
work, the less likely your use of it will be
considered a fair use.
In one famous case, The Nation magazine
obtained a copy of Gerald Ford's memoirs before
their publication. In the magazine's article about
the memoirs, only 300 words from Ford's 200,000-
word manuscript were quoted verbatim. The
Supreme Court ruled that this was not a fair use
because the material quoted (dealing with the
Nixon pardon) was the "heart of the book ... the
most interesting and moving parts of the entire
manuscript," and that pre-publication disclosure of
this material would cut into value or sales of the
book.
In determining whether your intended use of
another author's protected work constitutes a fair
use the golden rule: Take from someone else only
what you wouldn't mind someone taking from you.
21. Motion Media
Up to 10% or 3 minutes, whichever is less, of a
single copyrighted motion media work
Text Material
Up to 10% or 1000 words, whichever is less, of a
single copyrighted work of text
Text Material – Poems
An entire poem of less than 250 words but no more
than three poems by one poet, or five poems by
different poets from any single anthology.
In poems of greater length:
up to 250 words but no more than three excerpts
by a single poet or five excerpts by different poets
from a single anthology.
22. Music, Lyrics, and Music Video
Up to 10% but no more than 30 seconds of music
and lyrics from a single musical work.
Any alterations to a musical work shall not change
the basic melody or the fundamental character of
the work.
Illustrations and Photographs
A photograph or illustration may be used in its
entirety.
No more than 5 images by an artist or
photographer.
Not more than 10% or 15 images, whichever is
less, from a single published collected work.
32. What Is Creative Commons?
Creative Commons is a nonprofit organization that enables the sharing and use of
creativity and knowledge through free legal tools.
Our free, easy-to-use copyright licenses provide a simple, standardized way to give
the public permission to share and use your creative work — on conditions of your
choice. CC licenses let you easily change your copyright terms from the default of “all
rights reserved” to “some rights reserved.”
Creative Commons licenses are not an alternative to copyright. They work alongside
copyright and enable you to modify your copyright terms to best suit your needs.
We’ve collaborated with intellectual property experts around the world to ensure
that our licenses work globally.
33. What Can Creative Commons Do For Me?
If you want to give people the right to share, use, and even build upon a work you’ve
created, you should consider publishing under a Creative Commons license. CC gives
you flexibility (for example, you can choose to allow only noncommercial uses) and
protects the people who use your work, so they don’t have to worry about copyright
infringement, as long as they abide by the conditions you have specified.
If you’re looking for content that you can freely and legally use, there is a giant pool
of CC-licensed creativity available to you. There are hundreds of millions of works —
from songs and videos to scientific and academic material — available to the public
for free and legal use under the terms of our copyright licenses, with more being
contributed every day.
50. Is your attribution good enough?
Ask yourself whether an interested viewer/reader/listener/other user is able to
easily discern who gets credit (attribution) for the original work, and the freedoms
associated with that work (license notice). If they can, great! If not, consider
whether you are making a good faith effort to use the licensed work according to
its terms.
If in doubt, you can try asking the original publisher. They may have already
provided attribution guidelines.
Best practices for marking content with Creative Commons licenses. (users)
51. One last thing:
The licenses do not require you to inform a creator that you are using her CC-
licensed work, but it’s a nice thing to do. Most people are very happy to learn that
someone is using and building upon their creations; that’s why they use Creative
Commons licenses in the first place.
52. Examples of notification & courtesy:
Below are a few examples of notification of use via Flickr comments.
Simply click the link and scroll down to my comment:
•We’re Not in Kansas Anymore
•iPhone 4
•The Spiders Create Tightropes From Bulb to Bulb
•unfolding
The bottom line? People love to know where their work is being
used.
