A guide for library staff to basic copyright information and using images, audio, and video legally for library programs and marketing. Provides an brief overview of copyright laws applicable to libraries. Additionally, Creative Commons licenses and sources of free multimedia (e.g. images, videos, sounds) are included.
2.
• Copyright Defined
• What is protected?
• What is not protected?
• Searching for Copyrights
• Public Domain Works
• Creative Commons
• Online Sources:
• Photographs, Art, and Images
• Music and Sound Recordings
• Video and “Moving Images”
Class Overview
4. What is copyright?
Copyright is a form of protection given to the authors or
creators of "original works of authorship," including literary,
dramatic, musical, artistic and other intellectual works.
• make copies of your work;
• distribute copies of your work;
• perform your work publicly
• Such as for plays, film, dances or music;
• display your work publicly
• Such as for artwork, or stills from audiovisual works,
or any material used on the Internet or television;
and
• make “derivative works”
• Including making modifications, adaptations or
other new uses of a work, or translating the work to
another media.
5.
• literary works (which includes
computer software);
• musical works, including any
accompanying words;
• dramatic works, including any
accompanying music ;
• pantomimes and choreographic
works;
• pictorial, graphic, and sculptural
works;
• motion pictures and other
audiovisual works;
• sound recordings; and
• architectural works.
What’s Protected
6. • Ideas, procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, (but written or recorded
descriptions, explanations, or illustrations of such things are
protected copyright);
• Titles, names, short phrases, and slogans; mere listings of
ingredients or contents (but some titles and words might be
protected under trademark law if their use is associated with a
particular product or service);
• Works that are not fixed in a tangible form of expression, such
as an improvised speech or performance that is not written
down or otherwise recorded;
• Works consisting entirely of information that is commonly
available and contains no originality (for example, standard
calendars, standard measures and rulers, lists or tables compiled
from public documents or other common sources); and
• Works by the US government (Federal).
• State and local government copyright laws vary.
What’s NOT Protected
7. Public Domain Works
There are three main categories of public domain works:
1. Works that automatically enter the public domain upon
creation, because they are not copyrightable:
• Titles, names, short phrases and slogans, familiar
symbols, numbers
• Ideas and facts (e.g., the date of the Gettysburg Address)
• Processes and systems
• Government works and documents
2. Works that have been assigned to the public domain by
their creators. (Note: See Creative Commons Zero)
3. Works that have entered the public domain because the
copyright on them has expired
Public domain works are not restricted by copyright and do not require a
license or fee to use. Public domain status allows the user unrestricted
access and unlimited creativity!
8. Source: Hobbs, Matt. (Feb. 2014). The Public Domain Simplified and Illustrated. Visual.ly
10. Parody
Image Source: Rubin, Nancy. (Sept. 4, 2014). “The AGNS, Annie Leibovitz And The Naked Gun Lesson In Permissible
Parody,” Mondaq.com
11.
There is no exact definition for what a "parody" is under
the copyright law.
• A parody involves the use of elements of a previously
existing work in a new work that, at least in part,
comments on or criticizes the previously existing work
and is usually meant to be funny.
• A parody of a copyrighted work can be a Fair Use.
Parody: Defined?
The artist who produced Mike
Tyson’s tattoo sued the movie
studio behind the film
Hangover Part 2 for their use of
his design. The court decided
the claim merited review, but
the case settled out of court.Image Source: Frequencynews.com
12.
The "Fair Use" doctrine allows limited copying of copyrighted
works for educational and research purposes
Fair Use
1. the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes: the noncommercial educational
use is more likely to be a fair use;
2. the nature of the copyrighted work: the more factual and
less creative the work, the more likely it will be fair use;
3. the amount and substantiality of the portion used in
relation to the copyrighted work as a whole: the more
taken the less likely to be fair use; and
4. the effect of the use upon the potential market for or
value of the copyrighted work: in other words, is the use
taking away from the copyright owner money that the
she might have been making from the work.
Source: U.S. Copyright Office. (2014). Reproduction of Copyrighted Works by Educators and Librarians. Washington, D.C.: Library of Congress.
13. Fair Use Example: Teachers/Educators
Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his
or her individual request for his or her scholarly research or use in teaching
or preparation to teach a class:
• A chapter from a book
• An article from a periodical or newspaper
• A short story, short essay or short poem, whether or not from a collective
work
• A chart, graph, diagram, drawing, cartoon or picture from a book,
periodical, or newspaper.
Multiple Copies for Classroom Use
Multiple copies (not to exceed in any event more than one copy per pupil
in a course) may be made by or for the teacher giving the course for
classroom use or discussion; provided that:
• The copying meets the tests of brevity and spontaneity
• Meets the cumulative effect test
• Each copy includes a notice of copyright
Source: U.S. Copyright Office. (2014). Reproduction of Copyrighted Works by Educators and Librarians. Washington, D.C.: Library of Congress.
18.
• Every license helps creators retain copyright while
allowing others to copy, distribute, and make some uses of
their work — at least non-commercially.
• Every Creative Commons license also ensures licensors get
the credit for their work they deserve.
• Every Creative Commons license works around the world
and lasts as long as applicable copyright lasts (because they
are built on copyright).
What are Creative Commons Licenses?
Creative Commons is a nonprofit organization that
enables the sharing and use of creativity and
knowledge through free legal tools.
19.
20.
21. Creative Commons will
guide you to create the
license that offers the
copyright protection you
want for your work.
22.
23.
24. “Flickr Image: U.S. Army Corps of
Engineers / CC BY 2.0”
What is needed for attribution
varies by license. However,
usually the creator’s name (or
institution/agency) and the
source website.
1. Creator(s)
2. Source
• URL is not typically
necessary, instead include
the website title or the
domain (e.g. flickr.com)
• Use shortened URL
• Some sources will give
you a specific URL to use
3. License
Public Domain and CC0 works
do not require attribution.
(However, it doesn’t hurt.)
40. There are many digitized collections at
University libraries and online databases.
University Collections
It’s best practice to attribute
the source institution, even
when the work is in the
public domain.
51.
Editing Pictures: Pixlr Editor
https://pixlr.com/editor/ An online image editor,
similar to Photoshop or
GIMP.
Sometimes you may want to edit
an image. Pixlr is a great option.
60. Questions?
Rino A. Landa, Librarian
F.T.B. Jacaranda Library
Sarasota County Libraries &
Historical Resources
rlanda@scgov.net
941-861-1273
Created August 24, 2015 ; Updated Dec. 11, 2015
61. FAIR USE NOTICE: This presentation contains copyrighted material the use of which
has not always been specifically authorized by the copyright owner, including but not
limited to logos and product images. Such material is made available in an effort to
educate the public through illustrative examples and to properly identify content.
The use of this presentation for educational purposes is held to constitute a 'fair use'
of any such copyrighted material as provided for in section 107 of the US Copyright
Law. In accordance with Title 17 U.S.C. Section 107, the material on this presentation
is distributed without profit to those who have expressed a prior interest in receiving
the included information for research and educational purposes.
If you wish to use copyrighted material from this presentation for purposes of your
own that go beyond 'fair use', you must obtain permission from the copyright owner.
CC BY-NC-SA 4.0 Licensed under a
Creative Commons Attribution-NonCommercial-
ShareAlike 4.0 International License
Originally created by Rino A. Landa, 08/24/15
Notas del editor
A print advertisement for the movie, "Naked Gun: The Final Insult 33 1/3," featured the body of an eight-month pregnant female model with male star Leslie Nielsen's face. The background, lighting, pose and other features of the movie advertisement were similar to a controversial photograph of the actress, Demi Moore, taken when she was eight months pregnant. Plaintiff, a well known photographer who shot the Demi Moore photograph, sued the movie studio for copyright Infringement. Upon analysis of the Fair Use factors, the court found that the advertisement was a parody and a fair use of plaintiff's copyrighted photograph. Leibovitz v. Paramount Pictures Corporation, 948 F. Supp. 1214 (S.D.N.Y. 1996), aff'd, 137 F.3d 109 (2d Cir. 1998).
You’ll need a YouTube account. Some track require attribution.
