Using digital media - fair use and Creative Commons licenses Amy Gay Digital Storytelling Institute Summer 2022 https://bit.ly/UseDigMedia Color coding for this slide deck Anything in orange = key phrase / term Anything in teal = linked text What is Digital Media Digital Media Digital Media is any media that has been encoded for use in machine-readable formats that we view from a screen, like graphics, text, video, audio, etc. Can you think of any digital media examples you use already? https://en.wikipedia.org/wiki/Digital_media Digital Media includes…. Listening to podcasts and music Image found on Giphy, created by @spongebob https://giphy.com/gifs/headphones-spongebob-squarepants-tqfS3mgQU28ko https://en.wikipedia.org/wiki/Digital_media Digital Media includes…. Listening to podcasts and music Watching videos on Vimeo, YouTube, TikTok, etc. Image found on Giphy and created by an unknown creator at https://giphy.com/gifs/cute-aww-eyebleach-52F9eVNiorHmgBCq1p https://en.wikipedia.org/wiki/Digital_media Digital Media includes…. Listening to podcasts and music Watching videos on Vimeo, YouTube, TikTok, etc. Searching for memes and gifs Image from Giphy and created by @nerdist, originally from https://giphy.com/gifs/nerdist-star-wars-disney-plus-the-clone-Zd104phRfo0N0LHgRt https://en.wikipedia.org/wiki/Digital_media Digital Media includes…. Listening to podcasts and music Watching videos on Vimeo, YouTube, TikTok, etc. Searching for memes and gifs Reading an article or e-book Image found on Giphy, unknown creator, at https://giphy.com/gifs/computer-cat-wearing-glasses-VbnUQpnihPSIgIXuZv https://en.wikipedia.org/wiki/Digital_media Digital Media includes…. Listening to podcasts and music Watching videos on Vimeo, YouTube, TikTok, etc. Searching for memes and gifs Reading an article or e-book Anytime we use a tablet, computer, smartphone, etc - we access digital media through any of our devices We access digital media daily and do not even realize it! https://en.wikipedia.org/wiki/Digital_media Finding Digital Media How do you search for media? Finding Digital Media for your projects Ones you already use are still good ones for finding media for your project: Search Engines (Google, DuckDuckGo, etc) Media sites where you already search for audio, video, and images (YouTube, Vimeo, podcast sites, Google images, etc) Other options to consider: Library of Congress collection Internet Archive Binghamton University’s institutional repository, the ORB Locating Copyright Friendly content Art images BU Libraries Using Images guide ArtSTOR IAP (Images for Academic Publishing) Library, museum, and archival collections Stock images Unsplash Openverse (also has music & sound!) Data; data sets are not copyrighted Data.gov George Mason University Libraries guide Tableau Kaggle Data sets GitHub Awesome Data sets FairSharing Code & software Source Forge GitHub Audiovisual: video, music, sounds Internet Archive (also contains other media) Christopher Newport University Libraries guide University of South Florida Libraries guide Oral histories Binghamton University Libraries guide Some terminology before continuing Common terms related to further topics Copyright: Intellectual property rights to a work (Infographic) Open Access (OA): Research publicly available online; free, no paywalls Creative Commons (CC): A type of copyright license for anyone making their works publicly available online Public Domain: Works available with no copyright limitations; can be used by anyone Fair Use: Reproduction of copyrighted material in limited capacities for particular purposes will not be infringing copyright Creative Commons and the Public Domain Creative Commons (non-profit organization) Their goal - making it easier for people to: share their work increase access build upon the work of others still maintain some ownership Provide resources to learn about the public domain and search content through OpenVerse (NEW) Provide license options for anyone wishing to retain ownership of their work but make it openly available They have been providing licenses for 20 years! Image from Creative Commons archive of images: https://creativecommons.org/tag/image/ The Public Domain The public domain consists of all the creative work to which no exclusive intellectual property rights apply [List of Public Domain Sites] Those rights may have: expired been forfeited expressly waived may be inapplicable Work can be used at no cost May still require proper credit given to creator Creative Commons provides license options for anyone interested in noting their work is openly available in the public domain Image from Wikimedia image collection https://en.wikipedia.org/wiki/Public_domain Licenses Three layers of a license Anytime you see a work has a CC license, it includes three layers: Layer 1: Legal Code Layer 2: Common Deeds Layer 3: Machine readable version of the license Three layers of a license Layer 1: Legal Code This is the first layer Contains formal language for law purposes making the licenses legally enforceable in court cases The language in this layer will be more for lawyers Layer 2: Common Deeds Layer 3: Machine readable version of the license Three layers of a license Layer 1: Legal Code Layer 2: Common Deeds This is the second layer It takes the language of a lawyer from the first layer and translating it into plain language for the general public to understand the licenses It is meant to provide an overview of the legal language Layer 3: Machine readable version of the license Three layers of a license Layer 1: Legal Code Layer 2: Common Deeds Layer 3: Machine readable version of the license This is the third layer It is the part that makes the license readable by hardware devices and by web applications This is the technical part of the license, meaning that it will be written in a coding language so it is machine readable Four Element Options of a License Four elements of a CC license - Element 1 Name: CC BY Abbreviation: BY What it means: Requires you give credit to the creator(s) All CC licenses have this element Minimum requirements of a CC license Can be copied, distributed, remixed, adapted, or built upon Four elements of a CC license - Element 2 Name: Share Alike Abbreviation: SA What it means: You must add a CC license to any adaptation or remix of the work CC license, at minimum, must match the CC license of the original work Can be copied, distributed, remixed, adapted, or built upon Four elements of a CC license - Element 3 Name: Non-Commercial Abbreviation: NC What it means: You cannot make, or intend to make, a profit off of the original work or any remix / adaptation of the work Can be copied, distributed, remixed, adapted, or built upon Four elements of a CC license - Element 4 Name: No Derivatives Abbreviation: ND What it means: You can reuse this work as a copy or to distribute the original work You cannot remix, adapt, or build upon this work Public Domain License Name: Public Domain Abbreviation: CC0 What it means: Creators have placed their work in the public domain Do not want any copyright attached to their work Users can copy, distribute, remix, adapt, and build on the work with no conditions Four elements of a CC license - what else to know Elements can be used in combination You can add a Creative Commons license to most types of work You must own or hold the copyright to a work if adding a license CC licenses, like copyright, cannot be revoked CC licenses provide you a citation for any works used CC licenses provide an embedded link to what the license means If you’re interested in adding a CC license to your work, try out the license generator Learn more about CC licenses What licenses may look like All images from the CC elements from https://creativecommons.org/about/cclicenses/ Let’s Play GUESS THAT LICENSE! Image by By CBS - https://www.cbs.com/shows/game-on/, Fair use, https://en.wikipedia.org/w/index.php?curid=64086687 Fair Use But what if the media is NOT public domain or CC? That’s okay! You can still use a resource as long as it does not specifically say it cannot be used Because you are using these items for educational purposes, they fall under what’s called Fair Use One option is…. Fair Use Fair use permits limited use of copyrighted material without having to first acquire permission from the copyright holder Common instances when fair use is considered include: Parodies of works Fanfiction Educational purposes (classroom, scholarship, research) Criticism, comment, or news purposes Fair Use - Educational purposes When using a copyrighted work for educational purposes, consider the following: For published works, use 10% or less of the material Provide proper citations to any work being used Fair Use is open to interpretation Reaching out the the Libraries’ Digital Initiatives Team Know our answer will commonly start with the phrase “It depends” Fair Use - the four factors Factor I - the purpose and character of the use Factor II - the nature of the copyrighted work Factor III - the amount and substantiality of the portion used in relation to the work as a whole Factor IV - the effect of the use upon the potential market for or Fair use - four factors when reusing content Fair Use - the four factors Factor I - the purpose and character of the use Transformative uses - adds something new or alters the first with new information What you are using it for (in our case the educational purposes) Factor II - the nature of the copyrighted work Factor III - the amount and substantiality of the portion used in relation to the work as a whole Factor IV - the effect of the use upon the potential market for or Fair Use - the four factors Factor I - the purpose and character of the use Factor II - the nature of the copyrighted work Factual work versus artistic work fair use is commonly placed more often with works that are informational because it has more benefits for the general public (transformational again) Narrower for unpublished works versus published work Factor III - the amount and substantiality of the portion used in relation to the work as a whole Factor IV - the effect of the use upon the potential market for or Fair Use - the four factors Factor I - the purpose and character of the use Factor II - the nature of the copyrighted work Factor III - the amount and substantiality of the portion used in relation to the work as a whole The less you use = more in the fair use safe zone Avoid the use of main core concept of the work Parodies have more flexibility here Factor IV - the effect of the use upon the potential market for or Fair Use - the four factors Factor I - the purpose and character of the use Factor II - the nature of the copyrighted work Factor III - the amount and substantiality of the portion used in relation to the work as a whole Factor IV - the effect of the use upon the potential market Depriving copyright holder of income for the original work Undermines potential markets Fair Use Resources Section 107 of the Copyright Act Stanford University’s Fair Use Case Examples Fair(y) Use Tale (video compilation) University of Texas Libraries’ Copyright Crash Course Citing Digital Media Citing digital media - Options It is important to at least provide media credit if there is no recommended citation provided. I suggest including, at minimum, the creator’s name and where the original image is located: Example: Image created by <> and originally posted in (or on) <> If you visit a site for media and there is a recommended citation, copy and paste that citation as your info button or as a caption If you feel more comfortable with a formal academic citation, then follow your preferred citation style One option is…. How to reach out with questions Submit a consultation request to our digital initiatives request form or visit us in the pilot Center (SL-209; Science Library Building) Amy Gay is currently the main contact for for copyright questions Binghamton University Libraries is part of the New York State Copyright First Responders team Image from https://www.idlememe.com/thank-you-meme-31/