TMP100 U01: Creative Commons
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Creative Commons is a nonprofit organization that provides free copyright licenses to enable sharing and use of creative works. The licenses allow creators to modify their default "all rights reserved" copyright to "some rights reserved" based on their needs. The licenses include Attribution, Attribution-ShareAlike, Attribution-NonCommercial, and others that vary in what uses are allowed and if derivatives must be shared under the same terms. Fair use is a limitation on copyright that allows limited use of copyrighted works for purposes like commentary or research without permission. When determining if a use is fair, courts consider the purpose, nature of the work, amount used, and effect on the work's potential market.
![Copyright Act 17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair
use of a copyrighted work, including such use by reproduction in copies or phonorecords
or by any other means specified by that section, for purposes such as criticism, comment,
news reporting, teaching (including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether the use made of a
work in any particular case is a fair use the factors to be considered shall include:
•the purpose and character of the use, including whether such use is of a 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; and
•the effect of the use upon the potential market for or value of the copyrighted work.
•The fact that a work is unpublished shall not itself bar a finding of fair use if such finding
is made upon consideration of all the above factors.[4]](https://image.slidesharecdn.com/presentation002creativecommons-140901103940-phpapp02/85/TMP100-U01-Creative-Commons-7-320.jpg)
TMP100 U01: Creative Commons
- 2. 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. - Creative Commons, www.creativecommons.org
- 3. Creative Commons Licenses 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. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials. Attribution-NoDerivs CC BY-ND This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you. - Creative Commons, www.creativecommons.org
- 4. Creative Commons Licenses Attribution-NonCommercial CC BY-NC This license lets others remix, 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. 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. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. - Creative Commons, www.creativecommons.org
- 5. Creative Commons Licenses Attribution-NonCommercial-ShareAlike CC BY-NC-SA This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Attribution-NonCommercial-NoDerivs CC BY-NC-ND This license is the most restrictive of our six main licenses, only allowing others 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. - Creative Commons, www.creativecommons.org
- 6. Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship. The doctrine only existed in the US as common law until it was incorporated into the Copyright Act of 1976, 17 U.S.C. § 107. Wikiapedia, www.wikiapedia.com Fair Use
- 7. Copyright Act 17 U.S.C. § 107 Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: •the purpose and character of the use, including whether such use is of a 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; and •the effect of the use upon the potential market for or value of the copyrighted work. •The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[4]
- 8. Monster Communications, Inc. v. Turner Broadcasting Sys. Inc., 1996 The makers of a movie biography of Muhammad Ali used 41 seconds from a boxing match film in their biography. Los Angeles News Service v. KCAL-TV Channel 9, 1997 A television station’s news broadcast used 30 seconds from a four-minute copyrighted videotape of the 1992 Los Angeles beating of Reginald Denny. Roy Export Co. Estab. of Vaduz v. Columbia Broadcasting Sys., Inc., 1982 A television news program copied one minute and 15 seconds from a 72-minute Charlie Chaplin film and used it in a news report about Chaplin’s death. Stanford University, www.standford.edu Fair Use or Not?
- 9. Monster Communications, Inc. v. Turner Broadcasting Sys. Inc., 1996 FAIR USE. Important factors: A small portion of film was taken and the purpose was informational. Los Angeles News Service v. KCAL-TV Channel 9, 1997 NOT FAIR USE. Important factors: The use was commercial, took the heart of the work, and affected the copyright owner’s ability to market the video. Roy Export Co. Estab. of Vaduz v. Columbia Broadcasting Sys., Inc., 1982 NOT FAIR USE. Important factors: The court felt that the portions taken were substantial and part of the “heart” of the film. Stanford University, www.standford.edu Fair Use or Not?