Copyright and Creating

Video

Melanie T. Kowalski

October 27, 2014

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0

International License.

By the end of this session you should…

• Have a basic understanding of copyright

protection

• Know how to seek copyright permission

• Know how to find works licensed under the

Creative Commons

• Know how to apply a Creative Commons

License to your own work

2

Copyright & Video

• Two major considerations:

– What you want to use

– What you want to create

3

Copyright Law - A quick overview

4

What is copyright?

“The Congress shall have Power To….promote the

Progress of Science and useful Arts, by securing

for limited Times to Authors and Inventors the

exclusive Right to their respective Writings and

Discoveries”

US Constitution, Article 1, Section 8

5

What are the “rights” in Copyright?

The rights of the copyright owner are:

To reproduce the work

To prepare derivative works

To distribute copies of the work

To publicly perform the work

To publicly display the work directly or by

telecommunication

To publicly perform a sound recording by digital

means

6

Original works of authorship fixed in a

tangible medium of expression

What does Copyright Protect?

What doesn’t Copyright Protect?

• Works not protected by copyright include:

– Titles, names, short phrases, slogans

– Facts, news and discoveries

– Ideas, procedures, methods, systems, processes

(however, these may be patentable)

– Works lacking a modicum of originality (e.g. a phone

book in alphabetical order)

– Works created by the U.S. government

– Useful articles (such as clothing)

8

Duration of the Copyright protection

• Copyright law grants exclusive rights to

copyright owners

– Term of copyright is currently life of the author + 70

years

– Copyright notice ( © ) is not required

– When copyright expires, work enters the public

domain

• To maintain balance, © Law has several

exemptions (Ex. Fair Use)

9

Copyright Exemption - Fair Use

Balancing test, comprised of four factors:

Purpose and Character

Nature of the copyright work

Amount of the use

Effect on the market or potential market for the

copyrighted work

10

How to Obtain Permission

• Identify the © owner

• Contact the © owner in writing and include:

– Exact material to be used

– Intended use of the material

– Form of publication

11

When Permission Isn’t Needed

• Work is in the public domain

– US Federal Government document

– Published in US prior to 1923

– Published in a foreign country prior to 1909

• Creative Commons licenses

• When you are the creator and have retained the

rights to re-publish

12

Let’s talk about Speaker Releases

13

The Creative Commons License

14

What are the Creative Commons?

15

“C-Clones or Creative Commons” by Kristina Alexanderson; This image is being used

under a CC-BY-NC-SA license.

What are the Licenses

16

Attribution

CC-BY

Attribution-NoDerivs

CC-BY-ND

Attribution-ShareAlike

CC-BY-SA

Attribution-

NonCommercial

CC-BY-NC

Attribution-

NonCommercial-

ShareAlike

CC-BY-NC-SA

Attribution-

NonCommercial-No

Derivs

CC-BY-NC-ND

“No Rights Reserved” Public Domain Mark

Applying a CC License to your work

• If your original content, use CC Choose a

License Tool

http://creativecommons.org/choose/

• If remix of content, use OER IPR Support

Creative Commons License Compatibility

Wizards -

http://www.web2rights.com/OERIPRSupport/cre

ativecommons/

17

Creative Commons Exercise

creativecommons.org/choose/

Scenario: I have created a video and want to share it with

the world on YouTube. You want to make sure people can

remix it, quote it, or create other works with it, as long as

they also share what they create openly too. You do not

care if someone profits from their use of your video.

Which CC License should you choose??

18

Searching for CC Licensed Content

search.creativecommons.org

19

Using CC Licensed Content

• Proper Creative Commons attribution should

include:

– The name or user ID of the creator

– The title of the work, if any

– The Creative Commons license under which the

original work is available

– A reproduction of any copyright notices the creator

included

– If you’ve made a derivative work, an identification that

your work is derivative

20

Example:

21

“Moses…” by Giovanni (giopup @ flickr); This image

is being used under a CC-BY-SA license.

Let the Q & A commence!

22