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Lesson 2_WOOLS

Fair Use, Public Domain, and Creative Commons

QuestionAnswer
Fair Use A legal principle that defines the limitations on the exclusive rights of copyright holders
True or false. In the United States, works of commentary, criticism, research, teaching, or news reporting might be considered fair use. TRUE
Transformative Use A productive use that employs the quoted matter in a different manner or for a different purpose from the original. It adds new information, new aesthetics, new insights and understandings to the original work
True or false. Giving credit to the owner of a copyrighted work automatically means that the use of the work’s copy is fair use. FALSE
Portion Limitations The amount of a copyrighted work that can reasonably be used in educational multimedia projects under the fair use guidelines for educational multimedia regardless of the original medium from which the copyrighted works are taken.
The four factors of fair use according to Section 107 of the Copyright Act. The purpose and character of use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, & the effect of the use upon the potential market for or value of the copyrighted work.
In the Aggregate The total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under the fair use guidelines for educational multimedia.
True or False. “Non-profit” uses are favored by the court in the fair use analysis, therefore it is an automatic defense by itself. FALSE
In the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated as part of a multimedia project created under Section 2 of the fair use guidelines for educational multimedia. Up to 10% or 3 minutes, whichever is less.
True or false. Up to 5% or 500 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or incorporated as part of a multimedia project created under Section 2 of the fair use guidelines. FALSE. Up to 10% or 1000 words, whichever is less
True or false. The music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2 of fair use guidelines. TRUE. Up to 10%, but in no event more than 30 seconds.
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, known as “dedication,” or • copyright law does not protect this type of work.
Public Domain Creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws.
If a work was written by several authors and published after 1977, it will not expire until __ years after the last surviving author dies. 70
Creative Commons A nonprofit organization designed to foster the public domain, helps copyright owners dedicate their works to the public domain.
Founders' Copyright The original copyright term adopted by the first copyright law in 1790.
Shareware A system of marketing software. It is distributed at no charge on a trial basis after which, if the recipient likes the software and intends to use it, he or she must pay a fee.
Freeware A software that is made available to the public for free.
Copyright law does not protect ideas; it only protects the particular way an idea is _________. Expressed.
Things that are not protected by the copyright law. Titles of books and movies, short phrases, facts, ideas, and theories.
Any work published in the United States before _____ or works published before ____ for which copyrights were not renewed enter the public domain. 1923; 1964
Attribution All Creative Commons (CC) licenses require that others who use your work in any way must give you credit the way you request, but not in a way that suggests you endorse them or their use. Otherwise, they must get your permission first.
NonCommercial You let others copy, distribute, display, perform, and (unless you have chosen NoDerivatives) modify and use your work for any purpose other than commercially unless they get your permission first
ShareAlike You let others copy, distribute, display, perform, and modify your work, as long as they distribute any modified work on the same terms. If they want to distribute modified works under other terms, they must get your permission first.
NoDerivatives You let others copy, distribute, display and perform only original copies of your work. If they want to modify your work, they must get your permission first.
Created by: dnw2240