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Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, March 29, 2013

Some Rights Reserved



Creative Commons is a non-profit organization that provides free copyright licenses that give you permission to share your work with others in the way that you like.  These licenses allow you to change the terms of your work from "all rights reserved" to "some rights reserved" so that you may easily share your work with others. Creative Commons provides licenses that come in several different flavors. From least restrictive to most restrictive they are:


Attribution (CC BY) "This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation." (About the Licenses, n.d.)

Attribution-ShareAlike (CC BY-SA) "This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms." (About the Licenses, n.d.)

Attribution-NonDerivs (CC BY-ND) "This license allows for redistribution, commercial and non-commercial, as long as it is passes along unchanged and in whole, with credit to you." (About the Licenses, n.d.)

Attribution-NonCommercial (CC BY-NC) "This license lets others temix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don't have to license their derivative works on the same terms." (About the Licenses, n.d.)

Attribution-NonCommercial-ShareAlike (CC BY-NC-SA) "This license lets others remix, tweak, and build upon you work non-commercially, as long as they credit you and license their new creations under the identical terms." (About the Licenses, n.d.)

Attribution-NonCommercial-NonDerivis (CC BY-NC-ND) "This license only allows other to download your works and share them with others as long as they credit you, but they can't change them in any way or use them commercially." (About the Licenses, n.d.)

Here is a clever info-graphic to help you understand which license you need (click info-graphic to go to it's creators home and see it full size).




As you can see Creative Commons is a new way to think about Copyright for the current day.  With computers and the Internet sharing has become ubiquitous. Without an equally current way to protect the rights of creative people and their property we will continue to move toward an ever more litigious culture where accidental or innocent use of easily obtained media could cause more and more problems.  Creative Commons seeks to remedy this with its idea that this is a world where we share things on a daily basis, and as long as one is willing to give credit where credit is due, permission is granted.  And after all, isn't sharing what we teach our kids at an early age?  This make great sense to me!  

Creative Commons (n.d.). About the Licenses. Retrieved from http://creativecommons.org/
Missfeldt, Martin (2012) What means Creative Commons [infographic] Retrieved March 29, 2013 from http://www.tagseoblog.com/what-means-creative-commons-infographic





Thursday, March 28, 2013

Fair Use for Teachers


Contrary to popular belief, Copyright law is not merely a tool to help people make money.  Originally “it gives copyright holders a set of exclusive rights for a limited time period as an incentive to create works that ultimately enrich society as a whole.” (Fair Use FAQ, n.d.)  It protects the original content creator, but it is also meant to improve the culture of people as a whole.  As a result there are some ways to use copyrighted content legally.  These ways are generally referred to as Fair-Use.


Fair use can be separated into four different areas.


  1. What is the purpose of your copyrighted work?
  2. What is the nature of your copyrighted work?
  3. How much of the work are you going to use?
  4. Will you harm the market for this product by using the material?
(Wright, n.d.)

These four elements form a sort of test.  The first element is the purpose.  If it is intended as a comment, criticism or parody it may be allowed. The second element is the nature of the original work.  If the work is fact-based then your chances of fair use go up, if the work is creative in nature then your chances of fair use go down.  The third element is how much you are going to use.  If you copy and paste most of the original work then this is a problem, if you choose only the heart of the work this is also a problem, but if you only use a very minor part of the whole you may be safe. The final element deals with harming the original creator’s ability to make money with the product.  If the reuse you undertake will harm the original author’s ability to make money this is a no go!
As you can see there is very little cut and dry in the Fair Use provisions of Copyright law.  “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.” (Fair Use, 2012)  This is the original text of the law, and if the original spirit of the law is adhered to, then the conscientious educator should not have big problems using copyrighted works for educational purposes.  But care should be taken to understand the law and one should always consider the four areas listed above as a sort of basic test, or use this test.  If your use passes the test then proceed with caution.




Electronic Frontier Foundation (n.d.). Fair Use Frequently Asked Questions. Retrieved from http://www.teachingcopyright.org/

U.S. Copyright Office (2012). Fair Use. Retrieved from http://www.copyright.gov/

Wright, Vivian (n.d.). Fair Use Simply Explained. Retrieved from http://www.thecopyrightsite.org/