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Fair use, public domain, and creative commons

TermDefinition
Fair use a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.
Four Factors of Fair Use 1. the purpose and character of your use 2. the nature of the copyrighted work 3. the amount and substantiality of the portion taken, 4. the effect of the use upon the potential market.
Shareware system of marketing software
4 common ways of public domain 1. the copyright has expired 2.the copyright owner failed to follow copyright renewal rules 3.the copyright owner deliberately places it in the public domain, known as “dedication,” 4. 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.
Creative Commons a nonprofit organization designed to foster the public domain, helps copyright owners dedicate their works to the public domain.
Founder's Copyright the original copyright term adopted by the first copyright law in 1790.
Freeware software that is made available to the public for free.
Copyright-free a misnomer that actually refers to either royalty-free artwork or work in the public domain.
Short Phrases Phrases such as, “Show me the money” or, “Beam me up” are not protected under copyright law
Merger Doctrine meaning the idea and the expression are merged or inseparable
Works published in the U.S. before 1923 In the public domain
Works published in the U.S. after 1922 but before 1964 Initial term of 28 years. If not renewed during the 28th year, the work falls into the public domain.
Works published in the U.S. after 1922 but before March 1, 1989 Generally, if a work was published without copyright notice under the authorization of the copyright owner and the law does not provide an exception for the omission, the work is in the public domain
Copyright protection lasts for many decades. True
Owners hold specific rights but not all rights. True
4 Factors Judges Consider for Fair Use: 1. the purpose and character of your use 2. the nature of the copyrighted work 3. the amount and substantiality of the portion taken 4. the effect of the use upon the potential market.
The De Minimis Defense In some cases, the amount of material copied is so small (or “de minimis”) that the court permits it without even conducting a fair use analysis.
Disclaimer a statement that “disassociates” your work from the work that you have borrowed.
Parody the parodist transforms the original by holding it up to ridicule.
Creative Commons licensing was one of the worst things that ever happened to the internet. False
The only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. True
Acknowledgment of the source material (such as citing the photographer) may be a consideration in a fair use determination, but it will not protect against a claim of infringement. True
You will have a stronger case of fair use if you copy the material from a published work than an unpublished work. True
The more you take, the more likely that your copying will be excused as a fair use. False
Created by: astokes2015