Articles

For Everyone | For Students | For Instructors

For Everyone

Creative Commons Licenses

McGivern, Joan. ASCAP. 2007. 11 Dec. 2014.

An ASCAP lawyer offers a well-thought list of 10 reasons for musicians and composers not to use Creative Commons licenses. The American Society of Composers, Authors and Publishers has a particular bias, but creators shouldn’t ignore the issues the article raises. Issue #1, Irrevocability, receives a counterpoint from Creative Commons Licenses: Advantages and Drawbacks that creators sometimes change licenses anyways to the detriment of users.

Creative Commons Licenses: Advantages and Drawbacks

Richards, Stephen. Longzijun: Works and Words. n.d. 11 Dec. 2014.

The author is a blogger, writer, composer, and photographer. He shares about why he likes Creative Commons licenses, what he doesn’t like (a little more), and what he does with them.

Building on Others’ Creative Expression

Copyright Crash Course. University of Texas Library. (2001, 2007). 9 Dec. 2014.

This is a summary of a serious attempt to make Fair Use easier to figure out that mostly failed because copyright owners and copyright users just couldn’t agree.

Measuring Fair Use: The Four Factors

Stanford University Libraries. Stanford University. (2005-2014). 9 Dec. 2014.

This is a very good, readable analysis with references to seminal court cases that have helped to define Fair Use.


Sherlock Holmes’ Latest Case Comes to an End

Walker, Jesse. reason.com. (4 Nov. 2014). 8 Dec. 2014.

Because the characters of Sherlock Holmes and Dr. Watson have now entered the Public Domain, according to a recent court ruling, anyone can now write stories using them.

Taylor Swift vs. Spotify: Why Music Should Not Be Free

Lendino, Jamie. PC Magazine. (6 Nov. 2014). 8 Dec. 2014.

Free music is great for consumers of music, not so much for music creators. And not all of them are multimillionaires like Taylor.

For Students

Where Can I Find Free Public Domain Images and Pictures?

Computer Hope. (2014). 8 Dec. 2014.

There are numerous websites for finding images that you don’t need to worry about copyright infringement to use.

The A.P. Asserts Tough (and Still Secret) View of Copyright on Blogs

Hansell, Saul. New York Times. (20 Jun 2008). 21 Jun. 2008.

Fair Use should protect you when you’re only using a few words from a copyrighted source like a blog, but the copyright holder can still make life unpleasant, even when you cite your source correctly. Note: Once an idea enters a fixed form, like a blog post, it is considered copyrighted by the creator. Read more.

Some Rights Reserved

(Access is limited to readers with Arcadia University credentials.)

Doctorow, Cory. Print. 60.3 (May/Jun 2008): 160-1. 14 May 2008.

There is web content that you Can use without worrying about infringement. Read about Creative Commons.

Does She Look Like a Music Pirate?

Green, Heather, and Susann Rutledge. Business Week. No. 4082 (5 May 2008): 42-7. 14 May 2008.

What happens when someone tries to fight back against the music industry’s efforts to clamp down on music piracy.

Fair Use and Transformativeness

Valenza, Joyce. School Library Journal. (1 Apr. 2008). 9 Apr. 2008.

If you can use a copyrighted image in a different way from its original intent, how much more protection do you have? Perhaps a lot.

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For Instructors

Educational Fair Use Today

Band, Jonathan. Association of Research Libraries. Dec. 2007. 10 Dec. 2014.

There have been few court cases that addressed the issue of Fair Use in education. This paper, written by a copyright scholar, reaches useful conclusions about how three cases can shape what educators might be able to do.

17.18 Copyright—Affirmative Defense—Fair Use (17 U.S.C. § 107)

United States Courts for the Ninth Circuit. Oct. 2013. 10 Dec. 2014.

This is a succinct, thorough, and authoritative document that discusses Fair Use in the distinct language that scholars use everyday to discuss it. It comes in the form of jury instructions citing the scores of court cases that have shaped Fair Use today.

Guest Editorial

Davis, Jinnie Y. College and Research Libraries. 19.3 (May 1998). 16 June 2009.

You may occasionally still hear about the Conference on Fair Use (CONFU) and not realize that nothing statutory about copyright came out of it. This editorial discusses the significance for educators and librarians.

The Code of Best Practices in Fair Use for Media Literacy Education

Center for Social Media. American University School of Communication. (Nov 2008). 13 Nov 2008.

A longish, but enlightening look at copyright as it relates to higher education. Note The Tyranny of Guidelines and Experts which drubs rigid guidelines you may have seen that actually do not have the force of law. The law—in fact—gives More flexibility with regard to fair use.

How to Understand Copyright Restrictions

Library of Congress. The Learning Page. (Aug 2008). 10 Nov 2008.

The Library of Congress has prepared a useful webpage on how to think about Fair Use as it relates to making and using copies. It balances spontaneous copying against continuing and deliberate copying.

In Lawsuit, University Asserts That Downloading Copyrighted Texts Is Fair Use

Foster, Andrea L. Chronicle of Higher Education. (27 Jun 2008). 30 Jun 2008.

The plaintiffs are asserting infringement when Georgia State University uses Blackboard to distribute copyrighted materials. The defendant claims fair use. Stay tuned.

Course Management Software and Copyright – Copyright Corner

Gasaway, Laura. Information Outlook. (Jan 2003). 19 May 2008.

Despite the TEACH Act simplifying the use of digital works in course management software like Blackboard it still does not permit the wholesale uploading of articles, chapters, or other copyrighted works like movies.

New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act

Crew, Kenneth D. American Library Association. (n.d.). 14 Apr. 2008.

The TEACH Act became law in 2002 and is now in contained within federal copyright law, but it’s useful to be able to read about it as a separate act.

Copyright Resources on the Web: Sites to Keep You Current

Hodgins, David. C&RL News. 68.3 (Mar. 2007). 25 Mar. 2008.

This article published by the Association of College and Research Libraries features an annotated list of websites for institutions related to copyright.

Copyright in the Networked World: Copies in Courses

(Access is limited to readers with Arcadia University credentials.)

Seadle, Michael. Library Hi Tech. 24.2 (2006). 25 Mar. 2008.

Seadle authors a column called Copyright in the Networked World in Library Hi Tech. This article for instructors discusses how to consider links to articles relative to numbers of actual copies.

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