DOKK Library
         Fair Use                                    CC Licenses                                  Role of CC in OER                                     CC Licenses                                                                            cover
                                                                                                  (Open Educational Resources)                          Gauge of Restrictiveness

                                                                                                                                        Least Restrictive

                                                                                                                                                                                                                         All Some
What is Fair Use?                           Attribution                                   Open Educational Resources (OER)
Section 107 of the United States            CC BY                                         Open Educational Resources are                Attribution CC BY
Copyright Law allows for certain            This license lets others distribute, remix,   teaching, learning and research resources
purposes for which the reproduction of a    tweak, and build upon your work, even         that reside in the public domain or have      Attribution - ShareAlike

work may be considered fair. These          commercially, as long as they credit you      been released under a copyright license       CC BY-SA
purposes include criticism, comment,        for the original creation.                    that permits their free use and
news reporting, teaching, scholarship       Attribution -ShareAlike                       re-purposing by others.3                      Attribution
and research. In order for a use to be      CC BY-SA                                                                                    NonCommerical

determined to be fair, four factors are     This license lets others remix, tweak, and    Creative Commons licenses allow               CC BY-NC
considered by the court.                    build upon your work even for commer-         educators to use/remix existing content to
1. Purpose and character of the use.        cial purposes, as long as they credit you     fit their specific purpose. CC also allows      Attribution
2. Nature of the copyrighted work.          and license their new creations under the     educators to create content that is           NonCommerical
3. Amount and substantially of the          identical terms. This license is often com-   available for re-purposing by others.         ShareAlike
portion used in relation to the work as a   pared to “copyleft” free and open source                                                    CC BY-NC-SA                                                                      Creative Commons (CC)
whole.                                      software licenses. All new works based on     Example: A professor finds a new way to                                                                                         in Education
4. The effect of the use upon the poten-    yours will carry the same license, so any     help students remember Maslows Hierar-        Attribution - NoDerivs
tial market for the copyrighted work.2      derivatives will also allow commercial use.   chy of Needs that proves to increase          CC BY-ND
                                            This is the license used by Wikipedia.        student retention of the subject. The
So what does that mean?                     Attribution-NonCommerical                     professor posts this new method on their      Attribution
                                            CC BY-NC                                      Canvas page. As a rule, this would auto-      NonCommercial-NoDerivs
Fair Use is an exception that is meant to
                                            This license lets others remix, tweak, and    matically be copyrighted by the Professor.    CC BY-NC-ND
loosen copyright restrictions for educa-
tors (among others). However, it should     build upon your work non-commercially,        If another professor wanted to use this       Most Restrictive
not be confused with “free use”. An         and although their new works must also        method for their class, they would have                    CC BY - Rion Huffman and Marisa Windisch 2015
educator must be aware of the “four         acknowledge you and be non-commer-            to get written permission from the original                     Additional editing and contributions from
                                                                                                                                                          Dr. Cable Green and Dr. Brenda Frieden
factors” in order to avoid infringement.    cial, they don’t have to license their        professor.                                               This brochure is a product of Pittsburg State University
                                            derivative works on the same terms.           With a CC license, anyone would be able           Unless otherwise noted, the content and design of this brochure is
                                                                                                                                         licensed under a Creative Commons CC BY 4.0 license. Any use of this
Is there an easier way to use and license                                                 to use the method, as long as they                    content should be credited back to the original authors.
                                                                                                                                                                1 -
content?                                                                                  followed the requirements of the CC                                       2 -
Yes there is, Creative Commons.                                                           license.                                      3 -
                                                                                                                                          CC Logos from were scaled down from original size.
                                                                                                                                                                                                                            Unless otherwise noted, this work is licensed CC BY 4.0
           What is CC?                                         CC Licenses                               Copyright & CC                                  Where to find CC                                          FAQ/Myths

    Creative Commons is a nonprofit                Attribution-NonComm-ShareAlike                       Copyright law inherently protects              Creative Commons Search                        If Fair Use covers the use of copyrighted
organization that enables the sharing and         CC BY-NC-SA                                       original works with “all rights reserved”. This                     material for educational purposes, why
use of creativity and knowledge through           This license lets others remix, tweak, and        means that the creator of the work has            Search through a variety of websites for       do I need to worry about infringement?
free legal tools.                                 build upon your work non-commercially,            exclusive rights to the use and distribution      content that ranges from images to music       Fair Use only allows for some loosening
    Their free, easy-to-use copyright licens-     as long as they credit you and license their      of their work.                                    and video. All content is CC licensed.         of copyright restrictions under some
es provide a simple, standardized way to          new creations under the identical terms.             If a creator wants to share their work in                                                     conditions. While faculty should maxi-
give the public permission to share and use       Attribution - NoDerivs                            any manner, they must give written                                                               mize their fair use of copyrighted works,
your creative work — on conditions of your        CC BY-ND                                          permission that outlines the specific uses                                                        copyright and fair use exceptions are
                                                                                                                                                      Flickr makes it simple for authors to add a
choice. CC licenses let you easily change         This license allows for redistribution, com-      that they will permit.                                                                           complicated. Creative Commons licens-
                                                                                                                                                      CC license to their images. Not all images
your copyright terms from the default of “all     mercial and non-commercial, as long as it            Creative Commons lisences give users                                                          es are simple and straight forward.
                                                                                                                                                      on are CC licensed. However,
rights reserved” to “some rights reserved.”       is passed along unchanged and in whole,           more options. Instead of all rights being
                                                                                                                                                      as of September 2015, there were over
    Creative Commons licenses are not an          with credit to you.1                              reserved, “some” rights can be reserved. If                                                      Is there a certain percent of a work that
                                                                                                                                                      350 million CC licensed images on Flickr.
alternative to copyright. They work along-        Attribution-NonComm-NoDerivs                      the creator wishes to share their work, but                                                      I can copy without infringing?
side copyright and enable you to modify           CC BY-NC-ND                                       they wish to restrict certain types of use’s of   Google                                         Yes, but it is extremely obscure. If trying
your copyright terms to best suit your needs.1    This license is the most restrictive of the six   their work, they can choose from the                                         to meet the “brevity” clause of the Fair
                                                  licenses, only allowing others to download        different options that CC licenses provide.       To search Google for images with CC            Use exception, you may only use 10% of
CC in Education                                   your works and share them with others as             CC licenses allow creators to customize        licenses, you may click on the “images”        a work of Prose. This is the ONLY
    CC can play a vital role in education by      long as they credit you, but they can’t           their sharing experience. CC also allows a        tab after you have searched for your           percentage value that is mentioned in
allowing true academic freedom. By utilizing      change them in any way or use them com-           more effective sharing experience by              topic. Then click on “search tools” and        the Fair Use exception.
CC licenses, an educator can control how          mercially.1                                       reducing the learning curve associated            “Usage rights”. Under the “Usage rights”
their intellectual property is used, or if they                                                     with copyrights. Consider the following...        tab, there are multiple options for filtering   If someone infringes upon my CC
would like for it to be used at all. They can     Public Domain                                                                                       results.                                       license, can I sue them?
also use content that is owned by others          The Public Domain Mark enables works that         Comparison:                              is a more            CC licenses are legally binding and
without worrying about copyright infringe-        are no longer restricted by copyright to be       U.S. Copyright Law - 366 pages                    powerful tool that may be used as well.        backed by Copyright law. A history of
ment, as long as they have followed the           marked in a simple way, making them               Written in legal terminology that can be                                                         case law is available at wiki.creative-
                                                                                                                                                      Wikimedia Commons
stipulations of the CC license.                   easily discoverable and available to              difficult to understand.                                                                
    CC helps eliminate the gray areas of          others.1 The CC0 tool may be used to              Creative Commons Licenses - Contained                                                            In the case of any copyright/CC license
                                                                                                                                                      Thousands of CC licensed remixed songs
copyright and Fair Use by giving clearly          dedicate your work to the worldwide               within this 10 page booklet.                                                                     infringement, it is best to practice to
                                                                                                                                                      are available in nearly every genre.
defined licenses.                                  Public Domain.                                    Written in laymans terms.                                                                        resolve the issue amicably out of court.

Some Rights Reserved - Creative Commons in Education

Authors Marisa Windisch Rion Huffman

License CC-BY-4.0