Copyright vs. Creative Commons vs. Plagiarism

Copyright is a legal framework that grants creators exclusive rights to their works, including reproduction, distribution, and public display, typically for the creator's lifetime plus 70 years, aiming to protect and control the use of these works. The moment you create something, it is automatically under your personal copyright unless you say otherwise. 

Creative Commons is a system of licenses that allows copyright holders to grant the public certain usage rights to their works, varying from minimal restrictions (like requiring attribution) to more specific limitations (like non-commercial use only), thereby facilitating easier sharing and collaboration. These are what we use in the world of OER. 

Plagiarism is the act of using someone else’s work or ideas without proper attribution, falsely presenting them as one's own, which is both unethical and, in many contexts, an infringement of intellectual property rights. We will explore how using work under the creative commons is NOT plagiarism and how and why this is possible. 

See the Creative Commons for Educators, Academic Librarians and Open Culture for in-depth content! 

Ready to share your creative genius with the world but not sure how to protect your work? Choosing the right Creative Commons license is like picking the perfect outfit for your content – it's all about matching your sharing goals with the right level of protection! Here’s a step-by-step guide to help you dress your work in the perfect license:

1. Think About Remixes: Do you want others to remix, tweak, and build upon your work? If you're all about collaboration, consider a license that allows adaptations. If you prefer your work to stay as is, choose a "NoDerivatives" license.

2. Commercial or Non-Commercial?: Decide if you're okay with people using your work to make money. If you want to keep it purely non-profit, pick a license that says "NonCommercial." If you're cool with your work being used in commercial ventures, skip this restriction.

3. Share the Love: If you love the idea of others sharing their adaptations under the same rules you set, go for a "ShareAlike" license. This is like saying, "You can use my work, but you have to play by the same rules when you share your version."

4. Keep It Simple: Not too fussy about restrictions? A "CC BY" license is the simplest way to go. It lets others do almost anything with your work, as long as they give you credit.

5. Ask Yourself:

   1. How do I want my work to be used? This helps determine if you need a NonCommercial clause.

   2. Am I okay with modifications? If not, NoDerivatives is your friend.

   3. Do I want to enforce the same license on derivatives? ShareAlike ensures this consistency.

6. Credit Where It’s Due: All Creative Commons licenses require users to give you credit, so think about how you want to be acknowledged. Clear and simple instructions ensure you get the recognition you deserve!

7. Mix and Match: Use the Creative Commons License Chooser for a guided tour to find your perfect match. It's like a dating app, but for licensing your work!

Remember, the right license not only protects your work but also invites others into your creative universe under terms that you set. So, take a deep breath, consider your options, and make your mark on the world with the confidence that comes from knowing you've chosen the perfect Creative Commons license! 🌍✨🖌️

Below is an infographic that shows the licenses on a scale from most freedom to least freedom. 

Some content might have license on it which cannot be mixed with another, but you could sill make an anthology or a collection of this work. 

Below is an image to explain the difference between a remixed adaption (the smoothie) compared to a collection (the Bento Box): 

Sometimes in the kitchen of creativity, you find that not all ingredients can be blended into a smoothie due to their incompatible licenses. But don’t worry, you can still create a delightful Bento Box! Here’s how to handle these tricky situations:

When Licenses Don’t Mix: The Bento Box Approach

Imagine you’re assembling a Bento Box, where each dish retains its own flavor and identity, rather than blending everything into a smoothie where the original ingredients are indistinguishable. This approach is perfect for combining content with incompatible Creative Commons licenses. Here’s your step-by-step guide:

1. Understand the Limitations: Just like certain ingredients don’t go well together in a dish, some Creative Commons licenses simply cannot be mixed. For instance, you can't combine a NonCommercial (CC BY-NC) licensed work with a Commercial (CC BY) one in a remixed form.

2. Create a Collection, Not a Remix: Instead of trying to blend these incompatible licenses, think of assembling them like a Bento Box. Each piece of content is like a separate dish — clearly divided, with its own space and character.

   • Separate But Together: In your Bento Box (collection), each work keeps its original license intact. You're not creating a new work based on these; you're curating them, placing them side by side like sushi, rice, and pickles in their own compartments.

   • Clear Labels: Just as each part of a Bento Box is labeled or known, ensure each content piece in your collection has a clear label of its license. This transparency lets users know what they can do with each piece.

3. No Derivative Confusion: By using the Bento Box approach, you avoid creating derivatives that could violate license terms. Each work remains as is — no mixing, no blending, no creating new flavors from the old.

4. Respect and Attribute: Even though you’re not mixing licenses, you still need to give proper credit to each creator, respecting their specified attribution guidelines, much like acknowledging the chef for each dish in your Bento Box.

5. Example with a Bento Box and a Smoothie:

   • Smoothie (Remixed Adaptation): You take strawberries (CC BY), bananas (CC BY-SA), and milk (CC BY-NC) and blend them into a smoothie. Here, you can only do this if all ingredients share compatible licenses. Since CC BY-NC is restrictive about commercial use, blending it with CC BY (commercial) would not be allowed without additional permissions.

   • Bento Box (Collection): On the other hand, you can place strawberries (CC BY), bananas (CC BY-SA), and a carton of milk (CC BY-NC) each in its own compartment of a Bento Box. They are part of the same meal but remain distinct with clear indications of their individual licenses.

6. Flexibility for Users: With the Bento Box, users can interact with each piece of content according to its license without worrying about the restrictions that apply when you blend or remix content. This method enhances user experience by providing variety and choice — much like a Bento Box offering different tastes and textures in one packaged meal.

By choosing the Bento Box approach when faced with incompatible licenses, you ensure that everyone can enjoy a variety of creative works without stepping over licensing lines. It’s a respectful, clear, and tasty way to share a diverse range of creativity!

AI & Copyright

The world of AI is changing at the speed of light, by the time this is published, there might be new rules and regulations. 

Here is what the United States Copyright Office Published March 16, 2023

• Statement of Policy from the United States Copyright Office: Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence

Case Study:

• Since AI Generated images cannot be copyrighted, AI generated images must be transformed into something new to claim copyright. 

  • Example: Zarya of the Dawn Case February 21, 2023

    • Graphic novelist used AI generated images alongside original text work -- she arranged, selected and coordinated the AI images along with the written work. Author obtained copyright registration for her work as the AI was deemed an assistive tool, and the final product was a compilation due to her creative selection, coordination and arrangement of both text and images. 

FAQs of Fair Use Law

Here’s a list of frequently asked questions regarding fair use law in higher education along with brief answers:

1. Can I put whole chapters of a copyrighted book into an Open Educational Resource (OER)?

   • No, this is generally not permitted under fair use, especially if the chapter constitutes a significant portion of the book or is considered the "heart" of the work. Including whole chapters can impact the market for the original book.

2. Can I play a section of a movie in my class?

   • Yes, playing short portions of a movie for educational purposes, particularly in a classroom setting, typically falls under fair use. The key is that the use should be directly related to the educational content and goals of the course.

3. Can I copy and print whole chapters of copyrighted material for use in class?

   • It depends. If the chapters are a small part of a much larger work, or if the chapters do not include the "heart" of the work, it might be considered fair use. However, copying large portions or essential parts of a work could negatively impact the market for the original and thus might not qualify as fair use.

4. Can I distribute articles or book chapters to students via an online learning management system?

   • Yes, but with limitations. Distributing copies of articles or book chapters for educational purposes is often permissible under fair use, particularly if access is restricted to students enrolled in the course and the amount distributed is appropriate to the educational purpose.

5. Can I use copyrighted images in lecture slides or academic presentations?

   • Yes, using images for educational purposes, particularly within a non-commercial academic setting, can qualify as fair use. However, the use should be pertinent to the educational objectives and content of the presentation. However these images cannot be used in an OER that will be distributed. 

6. Can I share a music recording or a podcast episode during a lecture?

   • Yes, sharing small portions or excerpts of a music recording or podcast in an educational setting, especially if it's to illustrate a point or prompt discussion, can be considered fair use.

7. Can I include excerpts from copyrighted texts in a thesis or dissertation?

   • Yes, including short excerpts from copyrighted texts in academic works like theses or dissertations generally qualifies as fair use, especially when used to support, critique, or discuss the topic.

8. Can students use copyrighted material in their projects and assignments?

   • Yes, students can use copyrighted material in their projects and assignments under fair use, particularly if the use is transformative, supports educational goals, and does not substitute for the original work.

9. Can I record a lecture on Zoom that includes copyrighted materials and share it with students?

   • Yes, but with caution. Recording lectures that include copyrighted material (like slides with images, video clips, or music) can be considered fair use, particularly if the recording is made accessible only to students in the course and is used exclusively for educational purposes. It's important to ensure that these recordings are not publicly accessible or used beyond the scope of the class.

10. Can recorded Zoom lectures be reused in future courses?

    • It depends. Reusing recordings, especially if they contain copyrighted material, may not automatically fall under fair use, as the context and the audience could change. Permission may be required from copyright holders of the embedded materials or, alternatively, new materials should be created or licensed appropriately for new courses.

11. Can I use copyrighted images or media in Open Educational Resources (OER)?

    • It depends. While fair use may allow for the inclusion of copyrighted images or media within OER, it often depends on the nature of the use, the amount used, and its impact on the market for the original work. For OERs, which are typically distributed widely and freely, it's strongly advisable to use open license or public domain content when possible. Try to find CC-BY images as the default. 

12. How can I legally use copyrighted images or videos in educational presentations or online courses?

    • Generally yes, under fair use, if the images or videos are directly relevant to the course content and are used in a transformative manner for criticism, comment, teaching, or research. However, the amount should be limited to what is necessary for educational purposes, and the use should not negatively impact the market for the original work.

13. Is it fair use to show a documentary or play commercial music during a live class session on Zoom?

    • Yes, this can be considered fair use similar to playing the same materials in a traditional classroom setting. However, ensuring that the material is essential to the educational goals of the session and that it is not recorded or redistributed is crucial.

14. Can I use parts of copyrighted textbooks or articles in OER materials I am developing?

    • Possibly, but this is a risky area. While excerpts used for educational purposes might qualify as fair use, the widespread and potentially global distribution of OERs can affect the market for the original works more significantly than traditional classroom use. When possible, seek to include materials that are already in the public domain or available under an open license.

Each case of fair use depends on a balance of the four factors and the specific circumstances, so these answers provide general guidance but are not definitive for every situation.

Attributions: 

AI Chat GBT was used May 2024 to help curate this content and create images, it is under no license of any kind and is just for your educational purposes. The process for creating this content was to pull content from creative commons sources such as creativecommons.org and common knowledge within OER communities and organize it into a style for easy browsing based on title headings.  Content was also remixed from the ASCCC OERI, Pixaby, Chat GPT and the ASCCC OERI Canvas Course by Suzanne Wakim, under CC BY license. 

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