1. Copyright, Fair Use,
and Creative Commons
Judy D. Schmidt, Reserve Coordinator
x7463, jschmidt@lakelandcc.edu
Corrie Bergeron, Instructional Designer
x7232, cbergeron@lakelandcc.edu

2. Origins of Copyright Law
 Medieval Law
So as to each cow
belongs its calf,
so to each book belongs its
copy.
 US Constitution
The Congress shall have
Power To...promote the
Progress of Science and useful
Arts, by securing for limited
Times to Authors andImages CC-BY-NC sharonlangridge, Jonathan Thorne CC

3. Somewhat Simple Rules of Thumb
 When you ABSOLUTELY CAN use a work
 When you ABSOLUTELY CANNOT a work
 When you MIGHT be able to use a work

4. You ABSOLUTELY CAN
use a work if…
 You created it
 It’s not under copyright
 Not copyrightable
 Data, Forms, Formulas, Equations
 Public Domain
 Out of copyright (kind of complicated…)
 Created by US Government
 Specifically put in PD
 You have permission
 Explicit permission (Films on Demand, library’s
research databases, journal subscriptions)
 Creative Commons

5. You ABSOLUTELY CANNOT
use a work if…
 You don’t have the legal right to use it
 Illegal music downloads
 Uploaded to YouTube in violation of copyright
 Use other than granted permissions
 Video “For private home use only” in classroom
 Not “Sharing Alike” (Creative Commons)
 Permission explicitly denied
 There was this math website…
CC-BY-NC Nick in exsilio

6. You MIGHT be able to use a work if…
 Fair Use applies
(more in a moment!)
 It’s Creative Commons
licensed (wait for it…)
 When in doubt,
try to get permission!
CC-BY-NC tharpo

7. Confucius say…
 “Easier to get forgiveness than permission.”
 Confucius never met an intellectual-property lawyer!
CC-BY IvanWalsh.com

8. Fair Use MYTHS
 “Fair Use is a right”
 No, it’s a legal defense
if you get sued for
infringement
 “Any educational
(or non-profit) use is
Fair Use”
 Judges have ruled
otherwise and
awarded $ damages
 “10% rule” or
“10-second rule”
 No such thing
CC-BY deflam

9. Fair Use “Safe Harbor”
 The purpose and character of the
use, including whether such use is
of commercial nature or is for
nonprofit educational purposes
 The nature of the copyrighted work
 The amount and substantiality of
the portion used in relation to the
copyrighted work as a whole
 The effect of the use upon the
potential market for, or value of,
the copyrighted work
- copyright.gov
CC-BY-NC Olga __o[IT]__

10. Purpose and Character
 The purpose and character of the use, including
whether such use is of commercial nature or is for
nonprofit educational purposes

11. Nature of the Work
 The nature of the copyrighted work
 Plays, music, text all treated differently

12. Amount and Substantiality
 The amount and substantiality of the portion used
in relation to the copyrighted work as a whole

13. Market & Value
 The effect of the use upon the potential market for,
or value of, the copyrighted work

14. Creative Commons
 Founded 2001
 Pre-defined permissions to use creative works
 Attribution
 Non-commercial
 No Derivatives
 Share-alike
 Three-layered legal licenses
 Machine-readable
 Human-readable
 Lawyer-readable

15. Finding CC Content
 Flikr.com advanced search
 Just Google “Creative Commons”
 Check for SA and ND restrictions!

16. Questions?