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- CC licenses only apply when copyright applies, so CC licenses do not interfere with other legally permissible uses of intellectual property. This means when something is fair use or public domain, a Creative Commons license is unnecessary and would serve no legally enforceable purpose.
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What is a fair use copyright?
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What is Creative Commons & how does it work?
May 9, 2023 · Creative Commons refers to a set of intellectual property licenses, and the organization behind those licenses. Creative Commons (CC) licenses build on copyright law and enable creators to release their creative work with automatic sharing permissions.
Nov 17, 2023 · November 17, 2023 by Syed Balkhi 7 min read. Are you ready to learn about the differences between copyright and Creative Commons? If so, keep reading! When businesses or individuals create content, they need to carefully consider whether they want a copyright vs. creative commons.
Apr 4, 2013 · What Is Fair Use? In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
- Richard Stim
Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.
- Factor 1: The Purpose and Character of The Use
- Factor 2: The Nature of The Copyrighted Work
- Factor 3: The Amount Used
- Factor 4: The Effect of The Use on The Market
The first factor mostly focuses on whether the use is commercial or non-commercial and whether the use is transformative. If a use is commercial it is less likely to be fair use and if it is non-commercial it is more likely to be fair use. Transformative uses are those that add something new, with a further purpose or different character, and do no...
The second factor considers the nature of the underlying work, specifically whether it is more creative or more factual. Use of a more creative or imaginative underlying work is less likely to support a claim of fair use, while use of a factual work would be more likely to support a fair use claim. This factor also looks at the publication status o...
The third factor considers the amount of the copyrighted work that was used compared to the copyrighted work as a whole. Where the amount used is very small in relation to the copyrighted work, this factor will favor a finding of fair use, but where the amount used is not insignificant, this factor will favor the copyright owner. This factor also c...
The fourth factor not only considers whether the defendant’s activities may harm the current market, but also considers whether the use may cause any harm to potential markets that could be exploited by the copyright owner if the use were to become widespread. If the use harms the copyright owner’s current or potential market then it will weigh aga...
Apr 29, 2024 · Copyright: Definition & Length - Copyright, Fair Use, and Creative Commons - LibGuides at Campbellsville University. What is copyright? In the United States, copyright was established in the U.S. Constitution, Article, 1, Section 8, Clause 8 : "Congress shall have power...to promote the progress of science and useful arts, by securing for ...
Apr 29, 2024 · Four factors of fair use are: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. the nature of the copyrighted work. the amount and substantiality of the portion used in relation to the copyrighted work as a whole.
