Copyright, Fair Use, and Creative Commons

Image Source: Wikimedia Commons
An important part of digital citizenship is appropriate use of online resources, like photographs, music, video, and web content. Students need to learn appropriate ways of using digital content created by others. Part of teaching students to be good digital citizens is teaching them about copyright and fair use policies.

Copyrighted Material

Students and teachers must receive express written permission from the copyright holder for the use of materials in projects that will leave the walls of the school. This applies to media like music, movies, and photos. Many think that if a video is available on sites like YouTube or if a photo can be found using Google image search that they are copyright free. This is not the case. Copyright must be respected regardless of availability on the web. By respecting copyright, you are respecting the rights of creators an innovators to receive credit income from their creations.
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The Public Domain

All federal government works and many older works are considered in the Public Domain. "As a general rule, most works enter the public domain because of old age. This includes any work published in the United States before 1923 or works published before 1964 for which copyrights were not renewed" (Stanford University Libraries, 2013). Works in the Public domain and may be used freely with proper citation. Be careful, though. Some songs, like "The William Tell Overture," written in 1838, are in the Public Domain, but specific, more recent recordings of that song can be copyrighted by the orchestra that performed it.
Here are some public domain resources that can help you find works that are available to the public:
Image Source: Wikimedia Commons

Fair Use

Image Source: Wikimedia Commons
Fair Use is a legally defensible position that protects the use of some copyrighted material under some circumstances. For example, copyrighted materials used for educational purposes within the classroom can sometimes be defended by Fair Use. Whether or not Fair Use can be claimed depends on:
  • The Nature of the work borrowed
  • The amount you borrow
  • Whether use of the work changes the original work's value in the marketplace

Some uses of copyrighted work that can be defended by Fair Use include:
  • Commentary
  • Search engines
  • Criticism
  • News reporting
  • Parody
  • Research
  • Teaching
  • Library archiving
  • Scholarship

It is important to realize that Fair Use is not exactly cut and dry. These are simply guidelines, not the law. So, you need to ask a couple of questions about your use of copyrighted materials before using them in your work, particularly if you intent to publish them:
  • "Does the unlicensed use 'transform' the material taken from the copyrighted work by using it for a different purpose than that of the original, instead of just repeating the work for the same intent and value as the original?
  • "Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?
"If the answers to these two questions are 'yes,' a court is likely to find a use fair. Because that is true, such a use is unlikely to be challenged in the first place" (Center for Social Media, 2013).

You need to consider carefully:
  • the nature of the use – How are you using the copyrighted material?
  • the nature of the work used – What was the intent of the copyrighted material?
  • the extent of the use – How much of the copyrighted work will you use?
  • and its economic effect – Will the use cause excessive economic harm to the copyright owner?
"Students’ use of copyrighted material should not be a substitute for creative effort. Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original… Again, material that is incorporated under fair use should be properly attributed wherever possible. Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one" (Center for Social Media, 2013, bolding added for emphasis).

Many think that use of copyrighted music and movies is protected under Fair Use if only a small portion of the footage or music is used. This is not necessarily the case. For example, recent sales of ring tones has created revenue for copyright holders from small portions of songs. Using portions of a copyrighted song without written permission could, therefore, cost the copyright holder money. Basically, teachers and students need to be very careful before just assuming Fair Use will protect them.

What materials can I use?

There are still many ways for students and teachers to obtain copyright-friendly multimedia that can be used in projects with proper citation:
  • Make it yourself - Any photos you take, illustrations you create, songs you compose and perform, and video footage you shoot yourself belongs to you. You are automatically the copyright owner of your work, therefore you get to decide how it will be used.
  • Multimedia Software - Many software programs, like iMovie, GarageBand, PhotoStory, WeVideo, or Windows Movie Maker contain jingles, sound effects, and instrument clips that you are free to use in projects as long as you own a license to the software.
  • Public Domain - As mentioned, any creative works in the public domain may be freely used with proper citation.
  • Written Permission - If express written permission is granted by the copyright holder, you may use their work.
  • Creative Commons - Many people want to share their work and want it to be remixed and reused. Creative Commons offers alternatives to traditional copyright licenses. If a copyright holder has a Creative Commons license that allows reuse, you may use their work as long as you follow their requirements for using it. (Learn more below.)
  • Royalty-Free Resources - Some Internet sites offer copyright-friendly works for teachers, students, and anyone else to include in multimedia projects, websites, blogs, and more. Some popular royalty-free resources include:
Image Source: Wikimedia Commons

Creative Commons

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"Creative Commons is a nonprofit organization dedicated to building a globally-accessible public commons of knowledge and culture. We make it easier for people to share their creative and academic work, as well as to access and build upon the work of others. By helping people and organizations share knowledge and creativity, we aim to build a more equitable, accessible, and innovative world" (CreativeCommons.org).
​Creative Commons was built to give creators a way of making it easier for others to reuse and remix their work on their terms. Creative Commons "provides Creative Commons licenses and public domain tools that give every person and organization in the world a free, simple, and standardized way to grant copyright permissions for creative and academic works; ensure proper attribution; and allow others to copy, distribute, and make use of those works" (CreativeCommons.org).
Two great Creative Commons resources that may help you include the CC Search that makes openly licensed material easier to discover and use and the license generator that allows you to build your own CC license for work you have created.
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