Copyright: Understanding Fair Use

While this AMEC North America Measurement Week webinar was the first of the series, it will be my final recap post. I saved the best for last!

International AMEC board member, and License League COO Dan Schaible led this #AMECMM webinar to help us understand the complexities that surround copyright in the digital world we live in today.Copyright Fair Use

Dan began with referencing a portion of United State Constitution, Article 1, Section 8, Congress shall have the power… “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. This is what sets up what copyright is, however in that statement is an inherent conflict, Dan commented.

We are all pretty familiar with the concept of Title 17, Subsection 106 of the United States code. This is the part that grants the owner of the copyrighted work the exclusive rights to do and authorize reproductions, copies, derivatives, etc.  However, it’s Subsection 107 that tends to create confusion—the limitations on exclusive rights—fair use. There are four specific factors, that work together, which must be considered to determine fair use.

  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.

I can relate if you’re thinking, “I’m not a lawyer, how am I supposed to be expected to interpret this?” Legal-ese makes my head spin, but the way Dan explains it, with the examples he uses, helps it all to make a little more sense so I highly recommend you check out this short (under 30 minutes) webinar replay.

He focuses on the two points that we, as PR professionals, are most likely to be affected by. In addition, he references two specific copyright-specific court rulings on recent media monitoring cases. (Side note: BurrellesLuce has a copyright compliant article program and agreements with most major publishers as well as individual titles.)

  • Purpose and character of use. Dan says the real defining question is: is the content used in a different manner or for a different purpose from that which was originally copyrighted? He read a portion of a 1990 legal article, written by two judges, dealing with whether the use is “transformative” (which is a valid defense). There is a lot of gray area here and it’s no wonder there’s so much confusion surrounding fair use! Dan claims that fair use is part of the law but some claim it’s only lawful in that it offers a defense to the end user should the use be challenged by the copyright holder.
  • Effect of the use upon the potential market or value. This is a little easier to understand. Dan says the defining question here is: what is the effect of the use on the copyright owner’s ability to exploit the value of their original work.  In other words, is how you’re using it taking potential money out of the owner’s pocket?

Dan cautions that fair use is based on market conditions—as the market changes, so may the judicial rulings.

Webinar moderator, Johna Burke, who’s also AMEC North American Co-Chair and BurrellesLuce CMO, wrapped up with questions to Dan from the participants. He finished-up with some straight-talk about why you need to know these things, the most compelling of which was “so you don’t get sued” (but he had a lot other great answers as well).

I’ve enjoyed learning more about measurement (and copyright) the past couple weeks and hope you have too!

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*This post by Tressa Robbins originally appeared on October 5, 2016, on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2016/10/copyright-understanding-fair-use/ and is cross-posted here with permission. 

Copyright and Image Attribution

A couple years ago when I had trouble finding information about image copyright, after some digging, I wrote a blog post to report on what I found.

I just read a new post by Melissa Duko that I wanted to share with my readers that does a fantastic job of helping you with whether you should use an image or not. The article is entitled, “Copyright Infringement: Are You Allowed to Use That Image?” and can be found at http://www.ezanga.com/articles/copyright-infringement-are-you-allowed-to-use-that-image.

For reference, my original post is below. Hope they help!

Tressa's Truisms

by flickr user opensource.com under CC BY license by flickr user opensource.com under CC BY license

I was teaching a class on blogging this past semester at Southeast Missouri State University. As we discussed the importance of images in blogging and storytelling, I told the class, “Just because it’s on the Internet does not mean it’s free!” I explained that you must attribute any image you use back to its origin.  Unfortunately, that was not explanation enough and apparently caused confusion.  As I struggled to explain more thoroughly, I thought there have to be others out there with this same perplexity!

“The law automatically grants full “copyright” over any creative work a person makes unless otherwise stated.

Copyright law is incredibly complex. Adding to that complexity is the fact that most of the laws governing copyright were written long before the World Wide Web. Regardless, here are some tips and best practices.

If you are…

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Blogging, Copyright and Image Attribution

by flickr user opensource.com under CC BY license

by flickr user opensource.com under CC BY license

 

I was teaching a class on blogging this past semester at Southeast Missouri State University. As we discussed the importance of images in blogging and storytelling, I told the class, “Just because it’s on the Internet does not mean it’s free!” I explained that you must attribute any image you use back to its origin.  Unfortunately, that was not explanation enough and apparently caused confusion.  As I struggled to explain more thoroughly, I thought there have to be others out there with this same perplexity!

“The law automatically grants full “copyright” over any creative work a person makes unless otherwise stated.

Copyright law is incredibly complex. Adding to that complexity is the fact that most of the laws governing copyright were written long before the World Wide Web. Regardless, here are some tips and best practices.

If you are unwilling or unable to pay copyright royalties, you have essentially three options:

  1. Use free public domain images.
  2. Use Creative Commons® images.
  3. Use your own photos or use images you’ve created (from scratch—you cannot modify someone else’s image and call it your own)

Public Domain

Copyright.gov explains that a work of authorship is in the public domain “if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner.”

These types of images are ideal for blogging or educational use.  Works may also be public domain if their copyright has expired or if they are uncopyrightable. Even public domain images should be attributed to and linked back to the source. Two sources for finding public domain images are The Public Domain Review and The Getty Open Content.

Creative Commons

If you can’t find public domain images that fit your needs, you can use Creative Commons-licensed images – as long as you correctly attribute according to the terms of the license under which the image is offered.  Some Creative Commons images only require attribution and link-back, others are only available for non-commercial use, or may be used but not altered. This infographic by adityadipankar is a great “crash course” in Creative Commons:

What is Creative Commons?

by Folography. Explore more visuals like this one on the web’s largest information design community – Visually.

There are a number of sites where you may find usable images.  Creative Commons and Wikimedia are two.  My personal favorites are Flickr and Google Images—but you have to filter on only those with a creative commons license. For example, on Flickr it’s at http://www.flickr.com/creativecommons/ but on Google, you have to go to the advanced image search and scroll down to “usage rights” and choose “free to use or share.”  Keep in mind, Google protects itself with the warning:

So, you found a usable image but aren’t sure exactly how to properly attribute the photo? This blog post (by Peter McDermott) does a great job of explaining and demonstrating:

The bottom line when looking for images to use in your blog posts (or web page, portfolio, etc.)… as Benjamin Franklin said, “When in doubt, don’t! “

What sources do you use for finding images? What advice would you add?

This post by Tressa Robbins originally appeared on the BurrellesLuce Fresh Ideas blog at http://www.burrellesluce.com/freshideas/2014/04/blogging-copyright-and-how-to-attribute-images and is cross-posted here with permission.