Suzanna ConradDigital Initiatives Librarian

How to Reuse Multimedia Without Violating Copyright

MISCONCEPTIONS

Common misconceptions about using copyrighted materials

I found it on the web so it must be in the public domain.

Common Misconceptions

The copyright owner couldn’t possibly find out that I used their copyrighted content.

Common Misconceptions

I cited where the item came from, so I can’t be violating copyright.

Common Misconceptions

I’m not publishing the material, it’s just on my website.

Common Misconceptions

My usage of this content constitutes “fair use.”

Common Misconceptions

About Fair Use

• Fair use is a defense, not an exception• Four factors are reviewed to determine whether

something has been used in a legal “fair use” context:– Purpose & character of the use– Nature of the copyrighted work– Amount & sustainability of the portion used– Effect of use on the market (onCopyright – Copyright in Academia workshop, 09/27/2012: http://www.copyright.com/content/cc3/en/toolbar/education/course_catalog.html#CopyrightinAcademia)

“The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined.” – Section 107 on Fair Use

Fair Use

This legal jargon makes my head hurt!

Licensed under a CC BY-SA 2.0 license (http://creativecommons.org/licenses/by-sa/2.0/) from CollegeDegrees360 at http://www.flickr.com/photos/83633410@N07/7658298768/

Find content you can reuse

Not sure how to interpret fair use?

PUBLIC DOMAIN CONTENT

Finding public domain content that can be used in any context

‘A work of authorship is in the “public domain” if it is no longer under copyright protection or

if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the

permission of the former copyright owner.’ From http://www.copyright.gov/help/faq/faq-

definitions.html

Highlights – What’s in the Public Domain NOW?

Date of Publication Conditions Copyright Term

Before 1923 None Public domain

1923 through 1977 Published without a copyright notice Public domain

1923 through 1963 Published with notice Copyright not renewed = public domain; Copyright renewed = 95 years after publication

1964 through 1977 Published with notice 95 years after publication

1978 to 1 March 1989

Published with or without a copyright notice

It depends!+

1 March 1989 through 2002

Date of creation Depends on the date of creation

After 2002 None 70 years after the death of the author+

Anytime Works prepared by employees of the U.S. government as part of their duties

Public domain

http://copyright.cornell.edu/resources/publicdomain.cfm

Some Public Domain Sites for Sound/Music

MusOpenhttp://musopen.org/Classical music in the public domain.

ChoralWikihttp://www3.cpdl.org/wiki/index.php/Main_PageChoral music in the public domain

Some Public Domain Sites for Images

Library of Congresshttp://www.loc.gov/pictures/

USDAhttp://www.ars.usda.gov/is/graphics/photos/

NOAAhttp://www.photolib.noaa.gov/collections.html

Great Images in NASA (GRIN)http://grin.hq.nasa.gov/

National Archiveshttp://www.archives.gov/research/arc/index.html

CREATIVE COMMONS CONTENT

Finding Creative Commons content that you can use for your specific purposes

“Creative Commons develops, supports, and stewards legal and technicalinfrastructure that maximizes digital creativity, sharing, andinnovation.”

What is Creative Commons?

• Non-profit organization• Developed free legal tools for classifying

content or “copyright licenses”• Content owners can define how their work

can be reused• Users can license items that match their usage

of the work

Creative Commons Licenses Explained

Type of License Logo Allowed use

Attribution CC BY Distribute, remix, tweak and recreate (also commercially) as long as the creator is attributed.

Attribution-ShareAlike CC BY-SA Distribute, remix, tweak and recreate (also commercially) as long as the creator is attributed AND whatever you create is also licensed under the same CC license.

Attribution-NoDerivs CC BY-ND Redistribution for commercial and non-commercial purposes – cannot be modified, and the creator must be attributed.

Attribution-NonCommercial CC BY-NC

Distribute, remix, tweak and recreate NON-COMMERCIALLY as long as the creator is attributed.

Attribution-NonCommercial-ShareAlike CC BY-NC-SA

Distribute, remix, tweak and recreate NON-COMMERCIALLY as long as the creator is attributed AND whatever you create is also licensed under the same CC license.

Attribution-NonCommercial-NoDerivs CC BY-NC-ND

Redistribution for NON-COMMERCIAL purposes – cannot be modified, and the creator must be attributed.

Checklist for Creative CommonsQuestions to ask when licensing Creative Commons content

✔ Am I using this for commercial or non-commercial purposes?

✔ Am I changing the work in any way?

✔ Does the item I pick have a “ShareAlike” or “SA” license?

If the item has a ShareAlike license, you must ALSO license the work under the exact same license – This would require listing the licensing terms in your content (and possibly linking to the Creative Commons licenses).

Remember this slide?

Fair Use

This legal jargon makes my head hurt!

Licensed under a CC BY-SA 2.0 license (http://creativecommons.org/licenses/by-sa/2.0/) from CollegeDegrees360 at http://www.flickr.com/photos/83633410@N07/7658298768/

Some Creative Commons Sites for Sound/Music

Freesoundhttp://www.freesound.org/ Collaborative database of different sounds.

ccMixterhttp://dig.ccmixter.org/ Collaborative database of music.

IMSLP / Petrucci Music Libraryhttp://imslp.org/wiki/Main_PagePublic domain sheet music, however many CC recordings are available here

Some Creative Commons Sites for Images

ImageAfterhttp://www.imageafter.com/index.php

OpenPhotohttp://openphoto.net/

Wikimedia Commonshttp://commons.wikimedia.org/wiki/Main_Page

Flickrhttp://www.flickr.com/

VIDEO CONTENT

Get permission before using

General Tips to Safeguard Yourself

(Librarians are not lawyers)

Choose items with clearly listed copyright information

Double-check all copyright information

Copy attribution texts exactly where possible

Re-read terms of use on websites where you find content

http://libguides.library.csupomona.edu/findingcontentreuse

Questions?