1. Molly Kleinman, University of Michigan mollyak@umich.edu
The Beauty of Some Rights Reserved: An Introduction to Copyright and Creative Commons for OER
Molly Kleinman, University of Michigan
This work is licensed under a Creative Commons Attribution License

2. Copyright Basics

3. 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.
“U.S Capitol in Afternoon Light” by Amanda Walker. CC-BY
Article I, Section 8, Clause 8 of the United States Constitution
Photo by Amanda Walker

4. What is copyright? Copyright is a bundle of rights:
The right to reproduce the work
The right to distribute the work
The right to prepare derivative works
The right to perform the work
The right to display the work
Can travel all together or be separated out. Items in a bag, etc.

5. Mommy, where does copyright come from?
Copyright happens automatically the moment a work is created.
You used to need a copyright symbol ©, and to register your work with the copyright office, but you don’t anymore.
Copyright just happens.
Moment something is “fixed in a tangible medium of expression.”
Raise your hand if you’re a copyright holder. We all have more copyrights than we know what to do with, and the vast majority of those will never be profitable. And that’s okay, but it makes for a confusing system.
Orphan works. Because copyright lasts so long, there are many many works for which the copyright holder is difficult or impossible to locate. This is especially true of many visual works like photographs, where the photographer’s name may never have been on the photo at all.

6. From http://otherteacher. files. wordpress

7. Requirements for Copyright Protection
Fixed in a tangible medium of expression
Original work of authorship
Creative
“B&O tape recorder” by tobiastoft. CC-BY.

8. What copyright protects
Writing
Music
Plays
Choreography
Visual art
Film
Sound recordings
Architectural works
Copyright doesn’t protect…
Ideas
Facts
Titles
Data
Useful articles (that’s patent)
Copyright protects creative works. Patent protects useful articles.

9. The Public Domain
Works in the public domain are free for anyone to use, without permission.
Works published before 1923
Some works published between 1923 and 1963, but it’s complicated
Works by the United States Government

10. The duration of copyright
Copyright, the good old days:
14 yrs.
+14 yrs.
And you had to register
Copyright today:
Life of the author
+ 70 yrs.
No registration required
(unless you want to sue) |

11. Term Extensions Source: Tom Bell, http://www.tomwbell.com
One of the biggest challenges is that terms keep getting longer.
You may have bought things or digitized them thinking they could be made available soon, and then term extensions locked those works up for an additional 20 years.
Source: Tom Bell,

12. Who is the copyright holder?
The creator is usually the initial copyright holder.
If two or more people jointly create a work, they are joint copyright holders, with equal rights.
With some exceptions, work created as a part of a person's employment is a "work made for hire" and the copyright belongs to the employer.
Emphasize work made for hire bit

13. How is copyright transferred?
Exclusive transfer, a.k.a. Assignment
Copyright holder loses rights
Must occur in writing
Non-exclusive license, a.k.a. Permission
Copyright holder retains rights
Can be in writing or verbal

14. Using Copyrighted Work

15. Exclusive rights, and limitations
Section 106 outlines the exclusive rights of copyright holders. Sections 107 through 122 outline all of the limitations on and exemptions from those exclusive rights. (Turns out copyrights are not as exclusive as you might have thought.)

16. Fair Use Section 107
There is no easy formula for determining fair use, but there are four factors to consider:
The nature of the work (factual, creative)
The purpose of the use (educational, for-profit)
Amount of the work being used
The potential impact of the use on the market for the original.
That notice at the beginnings of movies and sporting events: bunk.
In practice, a lot of it will depend on risk. There are uses that are probably fair owned by people who will probably sue, and uses that are maybe less likely to be fair, but there is no known copyright holder and so you’ll probably be okay.
May also depend on your publisher, if you’re working with one. Some will require permission, or proof that something is in the public domain, before they’ll publish. Others will be more open with their interpretation.
Work you do as a student gives you a great deal of leeway as far as Fair Use. Give special thought to things you’re putting online.

17. First Sale Doctrine Section 109
Allows anyone to lend, borrow, and re-sell physical copies of copyrighted works.
“browsing for books at The Strand” by SpecialKRB CC-BY

18. Exemptions for teaching purposes Section 110
Often referred to as the TEACH Act, which is only the most recent update
Applies to educational use, both in face-to-face classrooms and online
Allows teachers to show or display all kinds of content, including music and movies, as long as it is relevant to the curriculum.
Image is in the public domain. Source:

19. Enter Creative Commons

20. What is ?
Creative Commons provides free legal tools that let authors, scientists, artists, and educators easily mark their creative work with the freedoms they want it to carry.

21. How can it help?
Copyright comes with several rights, and creators may not want or need all of them.
Creative Commons allows creators to mark their work with permissions, and it gives everyone a growing pool of resources that are free to use without asking.
“CC on Orange” by Yamashita Yohei, CC-BY

22. Mix and Match Licenses Non-Commercial Share Alike No Derivative Works
Attribution
Non-Commercial
Share Alike
No Derivative Works
Creators combine the different elements to create a license that suits their needs, and tells users what they can and can’t do with the work.

23. The six major licenses
Attribution Attribution Share Alike Attribution No Derivatives Attribution Noncommercial Attribution Noncommercial Share Alike Attribution Noncommercial No Derivatives

24. Three kinds of code Human Readable Lawyer Readable Machine Readable
“CC on Disk” by Yamashita Yohei, CC-BY

25. Human Readable Code

26. Lawyer Readable Code

27. Machine Readable Code
<a rel="license" href=" <img alt="Creative Commons License" style="border-width:0" src=" /> </a> <br />This <span xmlns:dc=" href=" rel="dc:type">work</span> is licensed under a <a rel="license" href=" Commons Attribution-Noncommercial 3.0 License</a>.

28. What can be licensed? Photographs Video Articles Illustrations
Websites
Music
Any copyrighted creation, especially if it is online.
“Decorate your Christmas with some CC schwags.” by laihiu. CC-BY

29. Where to find licensed work

30. Filtering Google by usage rights

31. Filtering Google by usage rights

32. How to use licensed works
Make sure that your use complies with the terms of the license
Include a link back to the original work
Attribute the original creator
Include a mention of or link to the Creative Commons license
Include the copyright notice, if there is one.

33. Ideal attribution
This tutorial was adapted from the book Concepts of Biology by Samantha Fowler, Rebecca Roush, and James Wise, available under a Creative Commons Attribution 4.0 license. © 2016, OpenStax.

34. Practical Attribution
Concepts of Biology by Samantha Fowler, Rebecca Roush, and James Wise, CC-BY,

35. Choosing a license Do you hold the copyright?
Are you comfortable with people profiting from your work?
Are you comfortable with people changing your work?
Do you want derivatives of your work to carry Creative Commons licenses?

36. Applying a license Visit http://creativecommons.org to pick a license.
Copy and paste the code into your website.

37. A license notice
This work is licensed under a Creative Commons Attribution 4.0 license.

38. Open Educational Resources and the Five Rs
The rights to…
Retain - Make, own, and control copies
Reuse - Use the content in a range of ways
Revise - Adapt, modify, or alter the content
Remix - Combine the original or revised content with other material to create something new
Redistribute - Share copies, your revisions, or your remixes with others

39. Credits
“U.S Capitol in Afternoon Light” by Amanda Walker. CC-BY “B&O tape recorder” by tobiastoft. CC-BY. “Browsing for books at The Strand” by SpecialKRB, CC-BY “CC on Orange” by Yamashita Yohei, CC-BY “A Spectrum of Rights” panel by Ryan Junell, “CC on Disk” by Yamashita Yohei, CC-BY “Decorate your Christmas with some CC schwags.” by laihiu. CC-BY “Clouds” by edward stojakovic. CC-BY.

40. Questions?