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Smith
Fair Use, Public Domain and Creative Commons
| Question | Answer |
|---|---|
| What is Creative Commons, and what is its purpose? | a nonprofit organization who works with copywriter to modify copyright terms to meet his or her need/s or want/s e.g. "all rights reserved" to "some rights reserved." |
| What does Public Domain mean? | every thing is free to use without permission |
| What are 5 examples of use of materials that might be considered fair use? | work of commentary; criticism; research; teaching; or news reporting |
| How is fair use determined by a judge, and what are they? | It is determined by the four factors. 1. The purpose and character of the use 2. The nature of of the copyrighted work. 3. The amount and portion of cw used. 4. The effect of the use upon the potential market for, or value of, the cw |
| What are four myths of fair use? | 1. If I give credit to the copyright owner. 2. If I post a disclaimer on my video. 3. Entertainment or non-profit uses are automatically fair use. 4. if I add any original material I created to someone else's copyrighted work. |
| What is a Release? | an agreement by which someone waives (gives up) any rights to sue arising from a certain activity. |
| When might a release be needed? | when a person's name or image is used for commercial purposes |
| When do you not need a release? | to use a person's name or image for informational (or editorial) purposes such as: to inform, educate, or express opinion (these are protected under the First Amendment of the US Constitution--freedom of speech and of press) |
| What are the two occasions when a release is required? | to use statements from an interview (Interview Release) to permit use of photos of a building (Property Release) |
| What are two fair use situations that are more likely to cause lawsuits? | 1. Your work causes the owner of original work to lose money. 2. The copyright owner is offended by your use. |
| What are the condition licenses (published under Creative Commons) that can be applied to copyrighted work? | Attribution; NonCommercial; ShareAlike; NoDerivatives |
| Describe or define each Creative Commons (CC) license conditions others can use via copywriters request. | Attribution: all users of work to give credit to copywriter NonCommercial: work can be used for any purpose other than commercially ShareAlike: any modified work is distributed on same terms. NoDerivatives: use only original copies |
| What libraries may use Section 108? | libraries that are open to the public, or are available to researchers who are not affiliated with the institution, but who are doing research in specific field. |
| What is Section 108 of the U. S. Copyright Act? | it allows eligible libraries and archives to reproduce and distribute certain materials for specific purposes, under strict conditions |
| How do educators researcher, and other benefit from fair use? | Upload coursework materials: clip/copy materials into innovative teaching tools:post materials for distance learning; develop databases of copyrighted works for research; develop digital libraries; share articles and other materials with colleagues. |
| What is Warning of Copyright | is required in Section 108 that libraries warn patrons about copyright law when he/she request a copy of a book or an article. |
| A news reporter reporting on a story generated from the original, what fair use factor does this fall under, and explain why? | The nature of the copyrighted work. The use of primary factual works is more likely fair use than fictional works |
| Phrases such as "all rights go to the author" and "I do not own" gives credit to the owner, therefore; it is fair use. True or False | False - stating so does not automatically mean you are making fair use-- nor do they mean you have the copyright owner's permission |
| After examining a particular advertised item, the purchaser makes a negative comment in which the copyrighter feels was done without permission. Can he sue, and why? | No, because criticism is consider fair use. |
| What are four common ways that works arrive in the public domain? | the copyright has expired the copyright owner failed to follow copyright renewal rules the copyright owner deliberately places it in the public domain copyright law does not protect this type of work |
| What is it known as when a copyrighter purposely places his/her work in the public domain? | Dedication |
| What is important to know about public domain material? | while each work belong to the public, collections of public domain works may be protected by copyright. |
| What is "collective works" copyright? | copying and distributing the complete collection infringement |
| How can collection of public domain material be protected? | if the person who created it has used creativity in the choices and organization of the public domain material e.g. a poetry scholar compiling a book --The Greatest Poems of e.e. cummings. |
| What is Fair Use | is a legal doctrine that says you can reuse copyrighted-protected material under certain circumstances without getting permission from the copyright owner. |
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