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This work is licensed under the Creative Commons LICENSE_NAME License. To view a copy of this license, visit LICENSE_URL. We are currently testing a new version of the License Chooser.
Frequently Asked Questions (from Creative Commons)
These FAQs are designed to provide a better understanding of Creative Commons, our licenses, and our other legal and technical tools. They provide basic information, sometimes about fairly complex topics, and will often link to more detailed information. Other CC FAQs: CC0 Public Domain Dedication and Public Domain Mark.“Licensor”, “rights holder”, “owner”, and “creator” may be used interchangeably to refer to the person or entity applying a CC license.Information about the licenses is primarily made with reference to the 4.0 suite, but earlier license versions are mentioned where they differ.Have a question that isn’t answered here? Contact info@creativecommons.org. Creative Commons does not provide legal advice.
What Is Fair Use? - Copyright Overview by Rich Stim
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement. So what is a “transformative” use? If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use.
Fair Use and Public Domain
Exceptions and limitations to copyright are special cases defined by law where the general principle that the prior authorization of the rightsholder is necessary to make use of a work does not apply. That is, in the public interest of maintaining a balance between the interests of rightsholders and those of content users, copyright-protected works may in some cases be used without the authorization of the rightsholder. Generally, exceptions and limitations to copyright are subject to a three-step test initially set out in the Berne Convention and repeated in a number of other international agreements. Briefly stated, the Berne Convention provides that an exception or limitation to copyright is permissible only if (1) it covers only special cases, (2) it does not conflict with the normal exploitation of the work, and (3) it does not unreasonably prejudice the legitimate interests of the author. Fair Dealing and Fair Use Fair Use in the United States
Copyright Basics
What is copyright? Copyright is a federal law. It is Title 17 of the United States Code. Copyright is the right of authors to control the use of their work for a limited period of time. A copyrighted work must be an original work of authorship which is fixed in a tangible medium of expression.
*A Copyright-Friendly Toolkit
However fabulous Creative Commons and Public Domain content may be, sometimes you really need to use copyrighted material. Say you plan to comment on popular media or current events. For instance, you may be planning to critique the portrayal of Native Americans in commercial films.
About CC Licenses: 6 Different Creative Commons License Options (from Creative Commons)
Creative Commons licenses give everyone from individual creators to large institutions a standardized way to grant the public permission to use their creative work under copyright law. From the reuser’s perspective, the presence of a Creative Commons license on a copyrighted work answers the question, “What can I do with this work?” There are six different license types, listed from most to least permissive here: CC BY: This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use.
Streaming doesn’t stop stealing: New research on digital piracy
The issue: Most of us wouldn’t walk into a shop and pocket a DVD without paying for it. But research shows many have few qualms about stealing intangible items – downloading pirated copies of movies or music, for example. A 2016 paper in Social Neuroscience found less brain activity in an area typically associated with moral questions when people imagined illegally downloading copyrighted material than when they imagined stealing a physical object. Piracy wasn’t much of a problem for the entertainment industry until the 1990s and the birth of Napster, which allowed web users to share music files. Napster was stopped by court order in 2001, but other peer-to-peer sharing platforms steadily eroded the entertainment industry’s profits.
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