Creative Commons ILEAD USA UTAH Allyson Mower, Marriott Library March 27,

Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity By Lawrence Lessig

Timeline of Copyright Term Extensions 1787: 14 years 1831: 28 years w/possible 14 year extension 1909: 52 years 1976: life of author + 50 years 1998: life of author + 70 years Lessig, L. The Creative Commons. Florida Law Review. July 2003, 55 (3): 763. Association of Research Libraries. Copyright Timeline: A History of Copyright in the United States

Digital Millennium Copyright Act makes circumvention of digital rights management illegal protects the mechanism or tool copyright law + technology protection = greater restriction even Congressional hearings have DRM attached!

The Public Domain Squeeze photo by koert michiels term extenstion + DMCA info explosion + easy distribution

Creative Commons founded in 2001 non-profit corporation run by board of directors with cyberlaw and IP expertise main offices in san francisco not a law firm and do not provide legal services

LicenseLicense Your Work Attribution Non-Commercial No-Derivatives Share-Alike

What is copyright? protects the creator and his/her original work legal right automatically secured fixed in tangible medium creator is the owner o except work-for-hire can be transferred in whole or in part

What are these rights? US copyright law extends the following exclusive rights to copyright owners: reproduce a work prepare derivative works distribute copies of a work perform a work publicly display a work publicly

Transferring rights must be in writing can transfer some or all can also grant nonexclusive rights

How long do these rights last? life of the author + 70 years 95 years if work-for-hire the public domain generally any work created before 1923 some works created after 1923 might be in the public domain

Some limitations on the exclusive rights Fair Use doctrine Educational exceptions o educational fair use guidelines (& univ. policy) o face-to-face teaching (Section 110(1)) o distance ed (TEACH Act) o circumventing DRM (Digital Millennium Copyright Act)

Fair use doctrine not an infringement to use works for o criticism/comment/news reporting o teaching (including multiple copies for classroom use) o scholarship/research four things to consider o purpose and character of the use o nature of the work (fact v. fiction) o amount used o effect on potential market for or value of the work

What this all means authors/creators o rights holders o can transfer or license o exclusive rights allow them to determine reuse readers/users o fair use and other limitations give some usage rights o if limitations don't apply, permission required

How long do these rights last? life of the author + 70 years 95 years if work-for-hire

What's protected? works of authorship that are o fixed in a tangible medium o original o minimally creative

Examples writings music and lyrics plays photographs databases maps artwork, sculpture, graphics movies and videos computer software sound recordings pantomimes and choreographic works architectural drawings, blueprints and building designs

What's not protected? ideas facts works created by U.S. government employees

The public domain creative works not protected by copyright law o published before there was copyright o copyright has expired o copyright was lost or never acquired o copyright owner dedicated work to the public domain o work was not eligible for copyright protection

How do you know? The public domain is like "a vast national park without...a guide for the lost traveler, and without clearly defined roads or...borders" Krasilovsky, "Observations on the Public Domain," Bulletin, Copyright Society of USA.

Apply basic copyright rules date (published before 1923) type of work (government vs. non-government) publication status (copies available to the general public) do some math o year of publication + average life expectancy - age at publication + copyright duration  e.g. a 1998 work becomes (c) free in 2116 Use the copyright slider

Consult some good resources The Public Domain: How to Find & Use Copyright- Free Writings, Music, Art & More by Stephen Fishman Center for the Study of the Public Domain (check out the comic strip) Dear Rich: Nolo's Patent, Copyright, and Trademark blog

What if it's not in the public domain? Some limitations on exclusive rights: Fair use doctrine Educational fair use guidelines TEACH Act If these don't apply, you'll need to get permission. The basics:of rview/chapter1/index.html

Find permission-free works

Contact Allyson Mower, MLIS Scholarly Communications & Copyright Librarian J. Willard Marriott Library This presentation is available at and is licensed under a Creative Commons Attribution