Fair Use CC Licenses Role of CC in OER CC Licenses cover
(Open Educational Resources) Gauge of Restrictiveness
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 - www.creativecommons.org
content? followed the requirements of the CC 2 - www.uscopyright.gov
Yes there is, Creative Commons. license. 3 - http://www.pittstate.edu/ofﬁce/tltcenter/initiatives/open-ed-resources.dot
CC Logos from creativecommons.org 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 search.creativecommons.org 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 ﬂickr.com 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 google.com 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: Google.com/advancedsearch 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-
stipulations of the CC license. easily discoverable and available to difﬁcult to understand. commons.org/wiki/Case_Law.
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.