Multimedia Resources: Creative Commons

Creative Commons is a non-profit licensing alternative to full copyright.

creativecommons.org

There are six different license types, listed from most to least permissive here:

• CC BY: This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use.

CC BY includes the following elements:
BY – Credit must be given to the creator

• CC BY-SA: This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. If you remix, adapt, or build upon the material, you must license the modified material under identical terms.

CC BY-SA includes the following elements:
BY – Credit must be given to the creator
SA – Adaptations must be shared under the same terms

• CC BY-NC: This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. 

It includes the following elements:
BY – Credit must be given to the creator
NC – Only noncommercial uses of the work are permitted

• CC BY-NC-SA: This license allows reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. 

CC BY-NC-SA includes the following elements:
BY – Credit must be given to the creator
NC – Only noncommercial uses of the work are permitted
SA – Adaptations must be shared under the same terms

• CC BY-ND: This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, and only so long as attribution is given to the creator. The license allows for commercial use. 

CC BY-ND includes the following elements:
BY – Credit must be given to the creator
ND – No derivatives or adaptations of the work are permitted

• CC BY-NC-ND: This license allows reusers to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the creator. 

                                        CC BY-NC-ND includes the following                                                        elements:
                                        BY – Credit must be given to the creator
                                        NC – Only noncommercial uses of the                                              work are permitted
                                        ND – No derivatives or adaptations of                                              the work are permitted

Sometimes it is permissible to use all or part of a copyrighted work without getting permission from the owner of the work. Fair Use is the term used to refer this limitation to the exclusive rights granted by copyright.(17 U.S.C. § 107)

In determining whether the use made of a work in any particular case is fair use, four factors are considered.  Be aware that a major failure to comply with even one factor can result in your use being determined to not be "fair."  These factors include:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

2. The nature of the copyrighted work;

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

4. The effect of the use upon the potential market for or value of the copyrighted work. (17 U.S.C. § 107)

Judging whether a use is "fair" is hard.  This is because none of these factors are absolute; all of the factors function on a continuous sliding scale, and the only time a firm answer is provided is after the factors have been considered by a court of law.

Note: Parodies which have disrespected established wholesome iconography have fared poorly under the "fair use doctrine."  Courts have ruled that use of these works is not considered to be a “fair use” despite meeting all the requirements associated with “fair use.”

Remember to ALWAYS CITE THE WORK, regardless of whether or not your use of the work is considered to be "fair use."  Failing to cite a work can result in Plagiarism.

Also always consider all 4 factors when determining if using the work falls under the "fair use" clause.

Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. (Copyright.gov, 2018)