1. Can I use that? An introduction to using Creative Commons and copyrighted material in your courses Kathleen DeLaurenti, Digital Scholarship and Music Librarian College of William & Mary kmdelaurenti@wm.edu

2. Exclusive Rights! Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1)to reproduce the copyrighted work in copies or phonorecords; (2)to prepare derivative works based upon the copyrighted work; (3)to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5)in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6)in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

3. Every Rule Has Exceptions Exceptions to the exclusive rights of copyrights: US 17 Sec 107: Fair Use US 17 Sec 110(1): Classroom Use Exceptions Us 17 Sec 100(2): TEACH Act for online learning

4. What you can use Public domain works Public domain works can be used just about any way that you can imagine! Find out using the Cornell copyright chart Sources for public domain materials:Cornell copyright chart HathiTrust Digital Library Google Books Project Gutenberg Public Domain Project

5. What you can use Works where you are the rights holder Work with publishers to maintain your copyrights Sample language available from SPARCSPARC Make sure that you have maintained the necessary rights before using your own work. Not every contract is a dream contract - stay tuned for how to use material where publishers have copyright!

6. What you can use Materials licensed by your school libraries Many libraries license materials in all of these formats: Journal Articles E-books Images ●Films ●Music All of these materials can be linked from your course! (embedding media from a licensed source is considered linking)

7. What you can use Creative Commons (Openly) licensed materials Creative Commons allows rights holder to provide a license without requiring permission or negotiation. They tell you: Adding a creative commons license does not remove copyright protections from a work! -If attribution is required -If you can make a derivative work -Whether re-use or derivative works can be commercial -Any restrictions on licenses for derivative works Swem guide for finding CC-licensed Media Swem guide to finding CC-licensed textbooks and learning objects

8. What you can use Fair Uses of copyright materials You can do a fair use analysis to determine if you can legally use copyrighted materials without permission. Not all non-profit educational uses are fair uses! The four factors of fair use are: the purpose and character of your use. the nature of the copyrighted work. the amount and substantiality of the portion taken, and. the effect of the use upon the potential market.

9. Tools for Fair Use Analysis ARL Code for Best Practices for Fair Use in Academic Libraries Principle One talks about fair use in reserves Thinking through Fair UseThinking through Fair Use tool from UM Stanford Center for Copyright and Fair Use

10. Questions? Kathleen DeLaurenti Arts Librarian kmdelaurenti@wm.edu @delaubrarian