Completed for the 2018 Creative Commons Certification course

1. Basics of
Copyright
An International Overview
Mandi Goodsett
Summer 2018
This work is licensed under a
Creative Commons Attribution
4.0 International License.

2. What is copyright?

3. Copyright is ...
An area of law that limits how others may use the
original work of creators

4. Copyright is ...
A set of exclusive rights for a creator

5. What is copyrightable?
● Literary and artistic works
● Derivatives (translations,
adaptations,
arrangements, etc.)
● Collections of literary and
artistic works
● Other works, depending
on the country

6. Who gets
copyrights?
Usually the
creator
controls the
copyrights in
their work.

7. Who gets
copyrights?
However, a work for
hire is a
copyrightable work
created in the course
of employment
responsibilities, and
is owned by the
employer, not the
creator.

8. Who gets
copyrights?
If you created a work
in cooperation with
one or more others,
you might have
created a work of
joint authorship. All
authors share
copyright in the work
if this is the case.

9. What isn’t
protected by
copyright?
Facts

10. What isn’t
protected by
copyright?
Ideas

11. What isn’t
protected by
copyright?
Works created by
federal employees in
the United States

12. What isn’t
protected by
copyright?
Works that have fallen
into the public domain

13. For original
works, as soon
as they are fixed
in a tangible
medium
When does copyright take effect?

14. What is the purpose
of copyright?

15. Utilitarian rationale
Copyright is meant to serve as an incentive for
creators to make new works.

16. Author’s rights rationale
Copyright is meant to help creators preserve the
integrity of their creative works.

17. Author’s rights rationale
Closely related, moral rights protect 1) the author’s right
to be recognized as the creator of the work, and 2) the
author’s right to protect the integrity of the work.

18. Which resonates with
you more?
The utilitarian rationale or the author’s rights
rationale?

19. How is copyright
different from other
intellectual
property laws?

20. Trademark
Law
Protects the public from being
confused about the source of a
good, service, or establishment

21. Patent
Law
Gives inventors a limited
monopoly to their inventions

22. Intellectual
Property Law
Even if a work isn’t protected by
copyright, it may be protected by
one of these IP laws instead. C

23. What is the public
domain?

24. Public domain works
are creative works not subject to copyright.

25. How do works enter
the public domain?
1) Their copyright
expires. In the
United States, most
works published
before 1923 are in
the public domain.

26. How do works enter
the public domain?
2) The copyright holder
fails to comply with the
formalities necessary to
retain copyrighted
status. The United States
and many other
countries no longer
require formalities.
C

27. How do works enter
the public domain?
3) The work was not
entitled to copyright
protection (for
example, if it was
created by a United
States employee in the
course of his/her
work).

28. How do works enter
the public domain?
3) The work’s author
dedicates it to the
public domain,
usually with a CC0
license, before its
copyright has
expired.

29. Works in the public
domain can be used
in any way, unless
they are still
protected by
trademark or
patent law. Giving
author credit is
expected in many
communities,
however.

30. Exceptions and
Limitations to
Copyright

31. Copyright Exceptions
Some exceptions to copyright exist. The most common
of these is what is called fair use in the United States
(or fair dealing in some other countries).

32. Fair Use
The Berne Convention lays out a
three step test for determining
fair use, although additional
guidelines exist in various
countries.
1
2
3

33. Fair Use
1) The use must be limited to
special cases (often educational
and non-profit in nature).

34. Fair Use
2) The use must not conflict with
normal exploitation of the work.

35. Fair Use
3) The use must not
unreasonably prejudice the
legitimate interests of the
author.

36. Fair Use
These exceptions can be
implemented by being written
directly into copyright law, or
included as flexible guidelines, as
they are with fair use in the
United States.

37. Copyright
Exceptions
Most countries also have
compulsory licensing schemes
that allow users to use certain
works without asking permission
as long as they pay a standard fee.

38. Want to know
more?

39. Resources About Copyright
● Copyright for Educators and Librarians MOOC:
https://www.coursera.org/learn/copyright-for-education
● CopyrightX by Harvard Law School:
http://online-learning.harvard.edu/course/copyrightx
● United States Copyright Office Circular #1:
http://www.copyright.gov/circs/circ01.pdf
● Fair Use Evaluator (for U.S. Law):
http://librarycopyright.net/resources/fairuse/index.php
● Out of Copyright: Determining the Copyright Status of Works:
http://outofcopyright.eu/

40. References (in order of appearance)
● “Creative Commons Certificate Course content” by Creative Commons is
licensed under a CC-BY 4.0 license.
● “365 x3 Classics for Summer Reading” by David Masters is licensed under
CC-BY 2.0 license.
● “Arkonaplatz type” by Matt Biddulph is licensed under a CC-BY-SA 2.0 license.
● “Typing on Keyboard - Computer Keyboard” by Wellness GM is licensed under
a CC-BY-SA 2.0 license.
● “Creative Teamwork” by Creative Sustainability is licensed under a CC-BY-SA
2.0 license.
● “Three facts for trisecting angles” by Dino is licensed under a CC-BY-SA 3.0
license.

41. References, cont.
● “Simple light bulb graphic” by Savio Ferreira is released into the public domain.
● “Pen to paper 03/52” by Camera Eye Photography is licensed under a CC-BY
2.0 license.
● Illuminated Manuscript, Bible (part), Moses before the burning bush, Walters
Manuscript W.805, fol. 37 is in the public domain.
● “Renewable Energy: Bringing New Opportunities to Indian Country” by Patrice
H. Kunesh, Deputy Under Secretary, USDA Rural Development is in the public
domain.
● “Public Domain Dedication CC0” by gnuckx is licensed under a CC0 1.0 license.
● “Museum of Art, Detroit, Mich.” by the Detroit Museum of Art is in the public
domain.

42. References, cont.
● “ÉCOLE POLYTECHNIQUE EXECUTIVE EDUCATION” by Ecole polytechnique
is licensed under a CC-BY-SA 2.0 license.
● “photo of man, book, person, people, woman” by Pxhere is licensed under a CC0
1.0 license.
● “Artist Painting” by Peter Griffin is licensed under a CC0 1.0 license.
● “Contracts” by Government of Alberta is licensed under a CC0 1.0 license.