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CREATIVE COMMONS �- �COPYRIGHT BASICS

Introductory workshop presentation by

Paul G. West

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BEFORE SELECTING �A LICENSE

  • CC licenses and CC0 are irrevocable
    • Can never be cancelled or “withdrawn”
    • Creates stability for users of the work
  • You must first own the work before you can share it
    • Check that your employer does not own the work – even if you created it
    • If necessary, first get the rights

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WHICH CC LICENSE �TO CHOOSE?

CC-Zero

CC-BY

CC-BY-SA

CC-BY-NC

CC-BY-NC-SA

Free cultural works

Special

license

Special

license

Special

license

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SELECTING A CC LICENSE

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APPLYING A LICENSE

  • Paste on the icon

  • Paste on the wording

Commons Attribution 4.0 International License

  • Paste on the link to the license

https://creativecommons.org/licenses/by/4.0

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THE CC0 WAIVER

Use the CC Waiver for public domain

https://creativecommons.org/choose/zero/waiver

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YOUR CHOICE OF LICENSE

  • There is no “best” license
  • It depends on the works you use and the conditions you want to impose
  • Take care to understand your situation vis-a-vis your employer (if any)
  • Consider your personal situation
  • If you are creating a collection:
    • you should apply your choice of licence to the overall collection
    • note the licence of each original article

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MARK YOUR WORK

  • TASL approach to mark your content and portions of the content created by others:
  • T = Title
  • A = Author (tell re-users who to give credit to)
  • S = Source (give re-users a link to the resource)
  • L = License (URL link to the CC licence deed)

  • Retaining any extra notices by the originator is a requirement of all CC licenses

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INDICATING IF YOUR WORK IS BASED ON SOMEONE ELSE’S WORK

  • If your work is a modification or adaptation
    • Show this and clearly and provide attribution to the creator of the original work you are using
    • Provide a link to the work you started from and modified
    • indicate what license applies to the work you used

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MARK THE WORK

  • Identify terms under which the work can be used
  • Provide information about works you used to create your new work

  • Note:
  • Use the CC license chooser
  • Apply the license code if possible, or copy / paste the text and links provided
  • Use the built-in CC license tools to mark your work with a CC license
  • Mark your work and give proper attribution

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APPLYING A LICENSE

Example from BC Open Books

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STICK TO THE CC LICENSE!

  • Any change to the license wording will
    • create confusion
    • requires users to take the time to learn about how the custom license differs
    • eliminates the benefits of standardization
  • Cannot call it a Creative Commons license
  • Alternative, custom licenses cause confusion!

  • CC Licenses are in perpetuity – you can never change the legal terms that apply to someone else’s CC licensed work.

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SELLING YOUR WORK

  • If you are the owner – it’s okay!
  • If the sold item is digital, the buyer can also sell copies
  • Take care to check the NC restrictions

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ACCESSIBILITY OF WORKS

  • Format
    • PDF, DOCX, ODT,
    • JPEG, PNG,
    • . . .
  • Downloadable
  • Finished version and the underlying digital assets
  • Digital rights management can render the work �un-reusable
  • Think about accessible standards – e.g. DAISY (https://daisy.org/info-help/faqs/)

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CHANGING LICENSES

  • CC Licenses are in perpetuity
  • The creator may also offer the work under a different license.
  • The creator may remove the copy of the work they placed online
  • Other copies “live on”
  • Anyone finding the work under the original license is legally permitted to use it
  • Reusers may choose to comply with the creator’s new wishes as a matter of respect.

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WHEN RE-USERS DO THINGS YOU DO NOT LIKE

  • CC Licenses do not suggest that the licensor endorses a particular use
  • Licensors may waive the attribution requirement – making it non-attribution
  • Licensors may require removal of attribution – making it non-attribution
  • A re-users must indicate that the original has been modified
  • Most people do not abuse other’s works
  • Some people are just bad!

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SEARCHING FOR CONTENT

  • CC Search Facility (Images)

https://search.creativecommons.org/

  • OER Commons

https://www.oercommons.org/advanced-search

  • WikiPedia List

https://en.wikipedia.org/wiki/�List_of_major_Creative_Commons_licensed_works

  • Paul West’s OER Search Field

http://pgw.org | http://tinyurl.com/y8bkf5np

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REUSE AND ATTRIBUTION

  • All CC licenses require that attribution be given to the creator (unless this has been waived or denied)
  • CC0 is not a license but a public domain dedication tool and does not require attribution
  • Follow the “TASL” approach:
    • T = Title
    • A = Author
    • S = Source
    • L = License
  • Good practices for attribution

https://wiki.creativecommons.org/wiki/�Best_practices_for_attribution

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REMIXING �CC-LICENSED WORKS

  • If fair use or fair dealing applies �– CC license does not apply
  • If no fair use or fair dealing �– depend on CC license

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DERIVATIVE WORK �OR ADAPTATION

  • An adaptation from one or more existing works
    • Translation
    • Converting to Braille
    • Adapting from print to film
  • Civil law (such as Germany and France) �– contain an “imprint” of the adapter’s personality
  • Common law (such as the U.S. or Canada)� – creativity and “independent conception”
  • Ask locally as to the scope that constitutes an �adapted work!

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DERIVATIVE WORK �OR ADAPTATION

  • Creating something new from an existing copyrighted work – and the new work is deemed sufficiently original to itself be protected by copyright
  • A derivative work is derived from another work

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EXAMPLES

  • Copying a few lines of a poem �– not a derivative work
  • Rearranging a few lines of a poem �– is a derivative work
  • Extracting a chapter of a CC-licensed book with an ND restriction – not a derivative work
  • Converting the media or format is allowed, including printing of the digital work

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DERIVATIVE WORK FROM ND

  • As of Version 4.0, all CC licenses, even the ND license
  • Allow anyone to make an adaptation of a CC licensed work. The difference between the ND licenses and the other licenses is that if an adaptation of an ND-licensed work has been created, it cannot be shared
  • An individual user may create an adaptation of an ND licensed work.
  • ND does not allow the individual to share adaptations with the public

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SHARING

  • When reuse of a CC licensed work does not create an adaptation, then…
    • it does not require you to ShareAlike if you are using an SA-licensed work
    • the ND restriction does not apply if you are using an ND-licensed work
    • you can combine that CC licensed material with other work as long as you attribute and comply with the NoCommercial restriction if it applies
  • If your reuse of a CC licensed work does create an adaptation, then there are limits on whether and how you may share the adapted work

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ADAPTATIONS / REMIXES VS. COLLECTIONS

  • A collection involves the assembly of separate and independent creative works into a collective whole
  • A collection is not an adaptation
  • One community member likened the difference between adaptations and collections to smoothies and TV dinners, respectively
  • An adaptation creates a new work (smoothie)
  • A collection compiles or assembles different works together but each work retains its own identity

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CREATING A COLLECTION

  • Give the overall collection your choice of licence
  • Create an attribution table to give attribution for each item in the collection using “TASL”
  • Others need to understand who created what and which license terms apply to specific content
  • Your copyright only extends to the new contributions you made to the work such as adding an introduction and designing a cover, but not the components

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NOTE ON LICENSING A COLLECTION

  • Ideally, use the same licence as the works included in the collection. If this is not possible (because of various licenses) . . .
  • Check to see if there are works with a NC requirement. If there is a NC in the pack . . .
  • License the entire pack with an NC to ensure that this requirement is implemented.
  • Users may disassemble the pack and use according to the license on each individual work.

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ADAPTATION OF A �CC LICENSED WORK OR WORKS

  • If underlying work is licensed under ND, you can make and use changes for your own private use but you cannot share your adaptation with others
  • If underlying work is licensed under SA, then SA applies to your adaptation and you must license it under the same or a compatible license
  • License compatibility – check which types of licensed works can be adapted into a new work
  • You have to attribute the original work when you create an adaptation

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ADAPTER’S LICENSE CHART

Green – okay

Yellow – not recommended

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PICKING ADAPTER’S LICENSE

  • Public domain may be mixed into all licenses
  • If underlying work is BY:
    • It may be mixed into BY, BY-NC, BY-NC-ND, BY-NC-SA, �BY-ND, BY-SA
  • If the underlying work is BY-NC:
    • It may be mixed into BY-NC, BY-NC-ND, BY-NC-SA
  • If the underlying work is BY-NC-ND:
    • Do not mix
  • If the underlying work is BY-NC-SA:
    • May be mixed into BY-NC-SA
  • If the underlying work is BY-ND:
    • Do not mix
  • If the underlying work is BY SA:
    • May be mixed into BY-SA

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LICENSE COMPATIBILITY FOR ADAPTING OR REMIXING

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EXAMPLE �OF A COLLECTION

  • Pack carries a �CC-BY-NC 4.0 license
  • Individual chapters and articles carry own licenses
  • Links to each source document included

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LEGAL INFORMATION ABOUT THESE SLIDES

This set of slides is an adaptation of the Creative Commons Certificate course published as of September 2019, licensed by Creative Commons under a Creative Commons Attribution 4.0 International License. This adaptation is made and published by Paul G. West (the “Adapter”) under a Creative Commons Attribution 4.0 International License. The Adapter modified the Original Work. Using the Original Work or the Adapted Work does not mean the individual doing so has earned a CC Certificate, nor may any organization or individual offer a “CC Certificate.” Note that the trademarks of Creative Commons and the Adapter are the property of their owners and require permission to reuse. Anyone who wants to complete the CC Certificate course is welcome to register here.

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CREATIVE COMMONS �- �COPYRIGHT BASICS

Introductory presentation by

Paul G. West

Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution 4.0 International License

https://creativecommons.org/licenses/by/4.0/