1 00:00:00,630 --> 00:00:01,463 - [Audrey] Right. 2 00:00:01,463 --> 00:00:02,810 This is Copyright 101, 3 00:00:02,810 --> 00:00:05,480 AKA Let's Not All Get Sued at Once. 4 00:00:05,480 --> 00:00:08,130 This is a review of what I know about copyright, 5 00:00:08,130 --> 00:00:09,530 what I've learned about copyright 6 00:00:09,530 --> 00:00:13,540 being someone who creates lots of publications 7 00:00:13,540 --> 00:00:16,550 and digital media, and has for quite a while. 8 00:00:16,550 --> 00:00:19,430 I really want to be respectful of people's copyrights. 9 00:00:19,430 --> 00:00:23,340 I want to make sure that I'm giving creators credit 10 00:00:23,340 --> 00:00:24,173 for what they're making. 11 00:00:24,173 --> 00:00:25,360 I want to make sure 12 00:00:25,360 --> 00:00:27,310 that I'm not doing anything that violates the law. 13 00:00:27,310 --> 00:00:30,300 I want to make sure that I'm following directions. 14 00:00:30,300 --> 00:00:34,823 But mostly, being kind to people when I make publications. 15 00:00:37,430 --> 00:00:39,680 Disclaimer, I am not a lawyer. 16 00:00:39,680 --> 00:00:41,650 This is not legal advice. 17 00:00:41,650 --> 00:00:42,740 This is just a summary 18 00:00:42,740 --> 00:00:45,700 of what I have learned about copyright 19 00:00:45,700 --> 00:00:48,530 in my time making publications. 20 00:00:48,530 --> 00:00:50,700 So, we're gonna go through three sections. 21 00:00:50,700 --> 00:00:52,030 One is copyright basics. 22 00:00:52,030 --> 00:00:54,550 What is copyright? Why do we have it? 23 00:00:54,550 --> 00:00:55,730 Creative Commons 24 00:00:55,730 --> 00:00:58,680 and how you can benefit from Creative Commons, 25 00:00:58,680 --> 00:01:01,970 how they, how you can use Creative Commons licenses. 26 00:01:01,970 --> 00:01:03,760 And we're gonna talk about fair use, 27 00:01:03,760 --> 00:01:06,270 what it is and what it is not. 28 00:01:06,270 --> 00:01:08,850 Next, we're gonna talk about copyright friendly materials 29 00:01:08,850 --> 00:01:10,850 in terms of where you can find 30 00:01:10,850 --> 00:01:13,270 copyright friendly materials online. 31 00:01:13,270 --> 00:01:15,750 And how to check whether material 32 00:01:15,750 --> 00:01:18,620 is actually available to be used in certain ways, 33 00:01:18,620 --> 00:01:22,090 how to check exactly how a creator wants their work used. 34 00:01:22,090 --> 00:01:23,470 And finally, we're gonna talk a little bit 35 00:01:23,470 --> 00:01:25,130 about copyright at UVM 36 00:01:25,130 --> 00:01:28,470 because it has some specific quirks to it 37 00:01:28,470 --> 00:01:29,350 that you should be aware of 38 00:01:29,350 --> 00:01:31,383 if you're making publications at UVM. 39 00:01:32,220 --> 00:01:34,120 A copy of these slides is available 40 00:01:34,120 --> 00:01:39,120 at go.uvm.edu/accessibility. 41 00:01:41,150 --> 00:01:43,293 Wait, this is a accessibility? 42 00:01:44,270 --> 00:01:46,100 Yes, this is accessibility. 43 00:01:46,100 --> 00:01:48,370 Knowing what you can and cannot use 44 00:01:48,370 --> 00:01:52,020 and knowing who and when to ask, 45 00:01:52,020 --> 00:01:55,490 that all makes the process of creating publications easier. 46 00:01:55,490 --> 00:01:59,250 And any time you are making processes easier, 47 00:01:59,250 --> 00:02:01,763 you are making them more accessible. 48 00:02:03,100 --> 00:02:04,700 So, let's start with the basics. 49 00:02:05,580 --> 00:02:10,120 Here are three recommendations for working with copyright. 50 00:02:10,120 --> 00:02:13,570 Check an item's copyright status before you use it. 51 00:02:13,570 --> 00:02:15,020 This is absolutely a situation 52 00:02:15,020 --> 00:02:20,020 in which permission is much better than forgiveness. 53 00:02:20,220 --> 00:02:22,250 When in doubt, ask. 54 00:02:22,250 --> 00:02:24,920 Lots of people create things and put them online, 55 00:02:24,920 --> 00:02:29,110 and would love to see them be used more. 56 00:02:29,110 --> 00:02:31,640 They would love to become known as influencers 57 00:02:31,640 --> 00:02:34,350 for creating amazing things that get used a lot. 58 00:02:34,350 --> 00:02:37,470 So, it doesn't hurt to just reach out to someone 59 00:02:37,470 --> 00:02:39,320 and say hey, this is who I am, 60 00:02:39,320 --> 00:02:41,550 this is how I want to use your things, 61 00:02:41,550 --> 00:02:42,690 this is what I'm thinking. 62 00:02:42,690 --> 00:02:44,810 And they can always no, 63 00:02:44,810 --> 00:02:47,360 but they can also say yes. 64 00:02:47,360 --> 00:02:49,650 So, just ask. 65 00:02:49,650 --> 00:02:52,530 And then, go ahead and document everything 66 00:02:52,530 --> 00:02:55,930 just so that you have good records of where you found things 67 00:02:55,930 --> 00:02:59,190 and how, what's steps you took 68 00:02:59,190 --> 00:03:00,943 to make sure that you could use them. 69 00:03:01,860 --> 00:03:04,320 There are three basic types of copyright. 70 00:03:04,320 --> 00:03:06,940 One is when something's copyrighted, 71 00:03:06,940 --> 00:03:08,270 it's actually registered 72 00:03:08,270 --> 00:03:11,170 with the US Office of Copyright Protections. 73 00:03:11,170 --> 00:03:14,130 And ideally, this means that you need explicit permission 74 00:03:14,130 --> 00:03:16,813 from the copyright holder in order to use it. 75 00:03:18,290 --> 00:03:21,440 The second and type of copyright is Creative Commons, 76 00:03:21,440 --> 00:03:24,720 which is becoming more and more common online. 77 00:03:24,720 --> 00:03:27,530 And Creative Commons provides specific directions 78 00:03:27,530 --> 00:03:31,400 you have to follow in order to use materials. 79 00:03:31,400 --> 00:03:33,980 And the third type is public domain. 80 00:03:33,980 --> 00:03:38,130 Public domain is a space where everything's available 81 00:03:38,130 --> 00:03:41,933 to the public for any purpose. 82 00:03:44,372 --> 00:03:47,640 There are no limit limits on what you can do with something 83 00:03:47,640 --> 00:03:48,743 in the public domain. 84 00:03:50,850 --> 00:03:52,000 Creative Commons. 85 00:03:52,000 --> 00:03:53,960 And I provided a link here, 86 00:03:53,960 --> 00:03:56,800 but it's creativecommons.org. 87 00:03:56,800 --> 00:04:00,180 Creative Commons is a set of copyright license 88 00:04:00,180 --> 00:04:01,590 that provide a standardized way 89 00:04:01,590 --> 00:04:04,830 to indicate how work can and cannot be used. 90 00:04:04,830 --> 00:04:08,000 There are six Creative Commons licenses. 91 00:04:08,000 --> 00:04:10,560 So, Creative Commons largely works 92 00:04:10,560 --> 00:04:13,550 by looking at who gets credit, 93 00:04:13,550 --> 00:04:18,550 what are the terms of being able to use items, 94 00:04:18,580 --> 00:04:20,900 and who is getting them money. 95 00:04:20,900 --> 00:04:24,323 Copyright, to a very large extent, 96 00:04:25,270 --> 00:04:29,690 just deals with who gets money. 97 00:04:29,690 --> 00:04:32,810 Who should get money, who has to pay money 98 00:04:32,810 --> 00:04:34,800 in order to create things, 99 00:04:34,800 --> 00:04:39,100 and Creative Commons helps make this clearer. 100 00:04:39,100 --> 00:04:40,440 So Creative Commons, 101 00:04:40,440 --> 00:04:45,440 you can look at up licenses by their lettered abbreviations. 102 00:04:45,990 --> 00:04:49,460 So for instance, the most basic Creative Commons license 103 00:04:49,460 --> 00:04:50,773 is CC-BY. 104 00:04:51,970 --> 00:04:55,490 And that means that simply the only thing you need to do 105 00:04:55,490 --> 00:04:59,760 in order to use this material is give attribution. 106 00:04:59,760 --> 00:05:01,760 You need to give the person credit. 107 00:05:01,760 --> 00:05:05,200 You need to say who, what, 108 00:05:05,200 --> 00:05:07,353 who made the material. 109 00:05:08,570 --> 00:05:12,213 The next license is Creative Commons BY-SA. 110 00:05:13,240 --> 00:05:15,360 That means you have to give credit. 111 00:05:15,360 --> 00:05:16,560 You have to give attribution 112 00:05:16,560 --> 00:05:20,080 and you also have to make sure and share-alike. 113 00:05:20,080 --> 00:05:23,340 Share-alike means you can can't copyright the material 114 00:05:23,340 --> 00:05:24,310 for yourself. 115 00:05:24,310 --> 00:05:27,180 You can't place additional restrictions on it. 116 00:05:27,180 --> 00:05:29,810 You can't remove any restrictions. 117 00:05:29,810 --> 00:05:33,540 You just have to take the license as it is. 118 00:05:33,540 --> 00:05:36,840 The third type is copyright BY-NC. 119 00:05:36,840 --> 00:05:40,280 Copyright BY-NC, again, attribution is required. 120 00:05:40,280 --> 00:05:43,520 You gotta give credit who is the work by 121 00:05:43,520 --> 00:05:46,050 and it specifies that the work can only be used 122 00:05:46,050 --> 00:05:47,873 for non-commercial purposes. 123 00:05:49,260 --> 00:05:53,010 These are the three other Creative Commons licenses. 124 00:05:53,010 --> 00:05:57,070 It gets more into this whole combination 125 00:05:57,070 --> 00:06:00,690 of giving attribution, making sure to share-alike, 126 00:06:00,690 --> 00:06:02,870 making specifying whether things can be used 127 00:06:02,870 --> 00:06:04,070 for commercial purposes. 128 00:06:04,070 --> 00:06:07,000 And then, talking about whether things can be remixed, 129 00:06:07,000 --> 00:06:09,220 whether they can be altered in any way. 130 00:06:09,220 --> 00:06:13,130 Say you took a really beautiful photo of a tree 131 00:06:13,130 --> 00:06:14,980 and you're really proud of it. 132 00:06:14,980 --> 00:06:18,333 And you're willing to let other people use it. 133 00:06:19,522 --> 00:06:21,490 But you wanna be known as the author of this photo, 134 00:06:21,490 --> 00:06:23,620 the creator of this photo of the tree, 135 00:06:23,620 --> 00:06:26,990 and you don't want anyone to dye your tree purple. 136 00:06:26,990 --> 00:06:29,430 The colors are perfect. You captured them perfect. 137 00:06:29,430 --> 00:06:33,470 So you might say that you license 138 00:06:33,470 --> 00:06:38,470 that your photo of the tree using CC-BY-ND. 139 00:06:38,580 --> 00:06:41,230 So, that would be attribution required. 140 00:06:41,230 --> 00:06:45,070 Give me credit for my photo of the tree and no remixes. 141 00:06:45,070 --> 00:06:47,400 You can't turn the tree purple. 142 00:06:47,400 --> 00:06:50,180 And again, you can dig in at the links 143 00:06:50,180 --> 00:06:51,250 to find out more information 144 00:06:51,250 --> 00:06:53,740 about each Creative Commons license. 145 00:06:53,740 --> 00:06:56,130 It's important to note that Creative Commons licenses 146 00:06:56,130 --> 00:06:58,040 cannot be revoked. 147 00:06:58,040 --> 00:07:00,970 The internet is forever. 148 00:07:00,970 --> 00:07:03,440 But things on the internet, 149 00:07:03,440 --> 00:07:05,600 people may try to take them down. 150 00:07:05,600 --> 00:07:08,030 So, your photo of the tree. 151 00:07:08,030 --> 00:07:09,990 You enjoyed sharing it, 152 00:07:09,990 --> 00:07:10,823 but maybe you're like, 153 00:07:10,823 --> 00:07:15,530 "Oh, I don't feel so good about sharing it anymore." 154 00:07:15,530 --> 00:07:17,130 You might pull it down. 155 00:07:17,130 --> 00:07:19,860 But if someone already you use your photo of the tree 156 00:07:19,860 --> 00:07:21,720 in their presentation, 157 00:07:21,720 --> 00:07:26,720 the license stays with that instance of the photo. 158 00:07:27,170 --> 00:07:29,420 So, the license stays with the material 159 00:07:29,420 --> 00:07:32,150 even if you pull it down offline. 160 00:07:32,150 --> 00:07:35,620 And you must own copyright for the work. 161 00:07:35,620 --> 00:07:39,940 You cannot assign a copyright to someone else's photos. 162 00:07:39,940 --> 00:07:42,370 You cannot assign a copyright 163 00:07:42,370 --> 00:07:44,800 to someone else's songs or videos. 164 00:07:44,800 --> 00:07:47,600 You can't tell other people what to do with their stuff. 165 00:07:49,010 --> 00:07:51,070 So, let's talk a little bit more about the public domain. 166 00:07:51,070 --> 00:07:53,870 The public domain really is you can do anything you want 167 00:07:53,870 --> 00:07:56,070 with what's in the public domain. 168 00:07:56,070 --> 00:07:58,210 It's free for any member of the public. 169 00:07:58,210 --> 00:08:00,470 You don't have to give credit. 170 00:08:00,470 --> 00:08:02,070 It can be used to make money. 171 00:08:02,070 --> 00:08:04,360 It can be used to commercially. It can be remixed. 172 00:08:04,360 --> 00:08:07,120 It can be dye purple, shrunk, made large, 173 00:08:07,120 --> 00:08:09,963 sped up, slow it down, anything you want. 174 00:08:11,720 --> 00:08:14,540 When you're giving attribution, 175 00:08:14,540 --> 00:08:16,940 one of the ways that that CDCI does it 176 00:08:16,940 --> 00:08:21,220 is that we have a page of image credits 177 00:08:21,220 --> 00:08:22,930 across the board. 178 00:08:22,930 --> 00:08:26,483 So for instance, the Vermont PBIS Report. 179 00:08:27,370 --> 00:08:30,150 Every report has so many images in it. 180 00:08:30,150 --> 00:08:33,210 So, it became easiest to make sure 181 00:08:33,210 --> 00:08:35,580 that we gave everyone credit for their images 182 00:08:35,580 --> 00:08:39,180 by putting together a long list. 183 00:08:39,180 --> 00:08:41,980 Every image we use in the report is listed. 184 00:08:41,980 --> 00:08:43,520 We say where we got it. 185 00:08:43,520 --> 00:08:46,150 We say who it's by 186 00:08:46,150 --> 00:08:51,150 and specify out the terms of the licenses. 187 00:08:51,430 --> 00:08:52,263 For the most part, 188 00:08:52,263 --> 00:08:55,960 we use a lot of Creative Commons licensed images. 189 00:08:55,960 --> 00:08:59,020 But in other types of, 190 00:08:59,020 --> 00:09:00,487 in other situations where people have said, 191 00:09:00,487 --> 00:09:02,130 "Yeah, you can use our photo," 192 00:09:02,130 --> 00:09:04,930 we add their image credits here as well. 193 00:09:04,930 --> 00:09:08,670 But you can also just put your attribution, 194 00:09:08,670 --> 00:09:10,370 your byline right next to a photo. 195 00:09:10,370 --> 00:09:14,850 This is much like newspapers do it where they say photo by. 196 00:09:14,850 --> 00:09:18,110 You can do exactly that online. 197 00:09:18,110 --> 00:09:20,830 But what about fair use? 198 00:09:20,830 --> 00:09:22,580 Fair use is a good question. 199 00:09:22,580 --> 00:09:25,520 It's super complicated 200 00:09:25,520 --> 00:09:29,760 because there's no 201 00:09:29,760 --> 00:09:34,760 hard and dry, cut and dry definition 202 00:09:34,870 --> 00:09:37,210 of what is and isn't fair use. 203 00:09:37,210 --> 00:09:41,810 And the reason for this is because the 1976 Copyright Act 204 00:09:41,810 --> 00:09:46,810 specified that if we were to get into being more specific 205 00:09:46,860 --> 00:09:49,130 about what is and isn't fair use, 206 00:09:49,130 --> 00:09:50,640 like to really nail it down, 207 00:09:50,640 --> 00:09:53,280 that would potentially impinge on 208 00:09:54,940 --> 00:09:59,530 the creativity of folks being able to use fair use. 209 00:09:59,530 --> 00:10:01,780 So in general, 210 00:10:01,780 --> 00:10:06,780 fair use must meet these four criteria. 211 00:10:07,180 --> 00:10:11,080 You can think of them as a checklist for fair use. 212 00:10:11,080 --> 00:10:14,040 One, what is the character of the use? 213 00:10:14,040 --> 00:10:19,040 That means how are you proposing to use the work. 214 00:10:19,460 --> 00:10:21,840 What is the nature of the work to be used? 215 00:10:21,840 --> 00:10:25,890 Like what specifically are you trying to claim is fair use? 216 00:10:25,890 --> 00:10:29,050 What are you trying to include? 217 00:10:29,050 --> 00:10:30,757 How much of this work are you going to use? 218 00:10:30,757 --> 00:10:34,137 Are you gonna use an entire two-hour film? 219 00:10:34,137 --> 00:10:37,030 Are you gonna use a 10-second snippet film? 220 00:10:37,030 --> 00:10:38,980 How much of that work? 221 00:10:38,980 --> 00:10:41,130 And then, what effect would this use have 222 00:10:41,130 --> 00:10:43,990 on the market for the original? 223 00:10:43,990 --> 00:10:48,610 So again, copyright largely comes down to money, honey. 224 00:10:48,610 --> 00:10:51,850 It's who's getting paid, who needs to get paid, 225 00:10:51,850 --> 00:10:53,700 how much do you need to pay. 226 00:10:53,700 --> 00:10:57,410 So, let's take each of these four items. 227 00:10:57,410 --> 00:10:58,670 The character of the use, 228 00:10:58,670 --> 00:11:00,860 that means what you are creating. 229 00:11:00,860 --> 00:11:03,430 Fair use, in order to be able to check that box 230 00:11:03,430 --> 00:11:07,260 for character, it should be criticism or commentary, 231 00:11:07,260 --> 00:11:11,320 news reporting, teaching, scholarship and research 232 00:11:11,320 --> 00:11:13,740 and parody. 233 00:11:13,740 --> 00:11:16,360 It's basically never for commercial purposes. 234 00:11:16,360 --> 00:11:19,420 You would have a really hard time arguing 235 00:11:19,420 --> 00:11:22,130 that commercial purposes would be, 236 00:11:22,130 --> 00:11:23,563 would fall under fair use. 237 00:11:25,000 --> 00:11:28,250 The nature of the work that you want to use 238 00:11:28,250 --> 00:11:29,850 in your new creation. 239 00:11:29,850 --> 00:11:33,950 Fair use generally applies to things that are non-fiction, 240 00:11:33,950 --> 00:11:36,550 things that are scholarly, factual, informational, 241 00:11:36,550 --> 00:11:39,900 or published, and less so for things 242 00:11:39,900 --> 00:11:42,240 that are unpublished or creative. 243 00:11:42,240 --> 00:11:46,340 That means if you find yourself in possession 244 00:11:46,340 --> 00:11:49,620 of Nicki Minaj's new album that she has not released yet 245 00:11:49,620 --> 00:11:52,170 and you really want to write a quick paper 246 00:11:52,170 --> 00:11:56,707 about the imagery of rocks in her new album, 247 00:11:56,707 --> 00:11:57,540 "My goodness, 248 00:11:57,540 --> 00:12:00,700 it's so powerful the imagery she's working with." 249 00:12:00,700 --> 00:12:01,533 Time out. 250 00:12:01,533 --> 00:12:03,920 You can't actually claim, 251 00:12:03,920 --> 00:12:07,120 that you can't actually incorporate that album 252 00:12:07,120 --> 00:12:11,135 into a published paper before the album itself 253 00:12:11,135 --> 00:12:13,792 is out in the public. 254 00:12:13,792 --> 00:12:16,100 It's just not allowed. 255 00:12:16,100 --> 00:12:19,063 It would completely fail the fair use test. 256 00:12:20,290 --> 00:12:22,710 And then, the amount of the work differs 257 00:12:22,710 --> 00:12:24,410 between types of media. 258 00:12:24,410 --> 00:12:26,720 So, film or video. 259 00:12:26,720 --> 00:12:28,580 It should be no more than 10%. 260 00:12:28,580 --> 00:12:30,330 So remember, we're talking about films, 261 00:12:30,330 --> 00:12:31,370 which can be two hours long, 262 00:12:31,370 --> 00:12:34,380 and internet videos, which could be 30 seconds long. 263 00:12:34,380 --> 00:12:37,840 So, no more than 10% or three minutes, 264 00:12:37,840 --> 00:12:40,233 whichever is less, of the finished product. 265 00:12:41,330 --> 00:12:42,163 Songs. 266 00:12:42,163 --> 00:12:43,220 Should be no more than 10% 267 00:12:43,220 --> 00:12:46,210 and absolutely no more than 30 seconds. 268 00:12:46,210 --> 00:12:47,043 Text. 269 00:12:47,043 --> 00:12:48,483 No more than 10% of a text. 270 00:12:49,590 --> 00:12:50,580 Photos and images. 271 00:12:50,580 --> 00:12:54,610 No more than 10% or 15 images from the same source 272 00:12:54,610 --> 00:12:56,090 and no more than five images 273 00:12:56,090 --> 00:12:57,900 from any one artist or photographer. 274 00:12:57,900 --> 00:12:59,610 Again, you're talking about fair use. 275 00:12:59,610 --> 00:13:02,290 You're talking about not having had a conversation 276 00:13:02,290 --> 00:13:07,120 with this person, not having the person's consent 277 00:13:07,120 --> 00:13:07,953 to use their stuff. 278 00:13:07,953 --> 00:13:09,360 These are your guidelines 279 00:13:09,360 --> 00:13:12,630 in order to be able to check the box for amount of the work 280 00:13:12,630 --> 00:13:14,190 for fair use. 281 00:13:14,190 --> 00:13:16,850 And then finally, effect of the use. 282 00:13:16,850 --> 00:13:18,100 Will your use of a work 283 00:13:18,100 --> 00:13:22,321 mean that others do not have to pay money to copy the work? 284 00:13:22,321 --> 00:13:25,470 Does it impact the market for the work? 285 00:13:25,470 --> 00:13:29,120 Will the copyright holder effectively lose money 286 00:13:29,120 --> 00:13:29,953 if you do this? 287 00:13:31,870 --> 00:13:33,280 Fair use always applies 288 00:13:33,280 --> 00:13:35,640 when you have the consent of the copyright holder. 289 00:13:35,640 --> 00:13:38,440 If you're having that conversation, 290 00:13:38,440 --> 00:13:41,330 writing the conversation down, agreeing to terms, 291 00:13:41,330 --> 00:13:43,890 it can be as simple as an email 292 00:13:43,890 --> 00:13:47,360 where you're talking about how you're going to use it. 293 00:13:47,360 --> 00:13:49,040 And they're like, "That sounds great. 294 00:13:49,040 --> 00:13:51,570 Just gimme credit, like somewhere in the poster. 295 00:13:51,570 --> 00:13:52,847 That would be fantastic." 296 00:13:53,710 --> 00:13:56,240 Save that as part of your dot documentation. 297 00:13:56,240 --> 00:13:58,970 Or it can be something like UVM's own consent form, 298 00:13:58,970 --> 00:14:00,350 which is really, really specific 299 00:14:00,350 --> 00:14:02,370 and was drawn up by general counsel. 300 00:14:02,370 --> 00:14:06,840 And it specifies until the end of time 301 00:14:06,840 --> 00:14:08,210 forever and ever, Amen. 302 00:14:08,210 --> 00:14:09,440 It's really formal. 303 00:14:09,440 --> 00:14:12,883 So, have that conversation with folks. 304 00:14:13,760 --> 00:14:14,970 Okay. 305 00:14:14,970 --> 00:14:17,470 So here are are three examples 306 00:14:17,470 --> 00:14:19,680 where we're gonna try and think about 307 00:14:19,680 --> 00:14:22,370 whether things qualify for the fair use test. 308 00:14:22,370 --> 00:14:25,520 Now, if you remember Cabbage Patch Kids 309 00:14:25,520 --> 00:14:28,080 back in ye older day. 310 00:14:28,080 --> 00:14:31,690 Cabbage Patch Kids were these squishy giant dolls 311 00:14:31,690 --> 00:14:36,220 that presumably looked like babies you would find 312 00:14:36,220 --> 00:14:37,920 laying about in a cabbage patch? 313 00:14:37,920 --> 00:14:41,160 They were all the rage. 314 00:14:41,160 --> 00:14:43,610 They came out around a big holiday 315 00:14:43,610 --> 00:14:44,980 and everyone wanted them. 316 00:14:44,980 --> 00:14:47,070 And they were supposedly they're so... 317 00:14:47,070 --> 00:14:47,928 Okay, whatever. 318 00:14:47,928 --> 00:14:51,270 They were toys with, they're dolls. 319 00:14:51,270 --> 00:14:54,380 And then while they were really popular, 320 00:14:54,380 --> 00:14:56,160 the Topps Trading Cards Company 321 00:14:56,160 --> 00:14:59,710 came out with Garbage Pail Kids. 322 00:14:59,710 --> 00:15:01,210 So on the left side of the screen, 323 00:15:01,210 --> 00:15:04,170 I have a photo of these Cabbage Patch Kids. 324 00:15:04,170 --> 00:15:05,003 They're doll. 325 00:15:05,003 --> 00:15:07,260 Basically, they have big squishy faces. 326 00:15:07,260 --> 00:15:08,093 And on the right side, 327 00:15:08,093 --> 00:15:13,093 I have a photo of a Garbage Pail Kid trading card. 328 00:15:13,590 --> 00:15:15,630 And this one is called Geeky Gary. 329 00:15:15,630 --> 00:15:18,770 And it's a child with a TV for a head, 330 00:15:18,770 --> 00:15:20,910 surrounded by TVs. 331 00:15:20,910 --> 00:15:23,343 Eyes spiraling, all goggle box out. 332 00:15:24,180 --> 00:15:28,490 This was the nicest the Garbage Pail Kid I could find. 333 00:15:28,490 --> 00:15:30,610 It was the 80s. 334 00:15:30,610 --> 00:15:33,180 There was a lot of body horror in the Garbage Pail Kids. 335 00:15:33,180 --> 00:15:34,300 There was a lot of inappropriate, 336 00:15:34,300 --> 00:15:35,790 just plain inappropriate imagery 337 00:15:35,790 --> 00:15:37,950 that today we would find very objectable 338 00:15:37,950 --> 00:15:41,470 in terms of race and ethnicity and ability. 339 00:15:41,470 --> 00:15:45,423 So, this is kind of an example of Garbage Pail Kids. 340 00:15:46,800 --> 00:15:51,130 They were released as a parody of the Cabbage Patch Kids. 341 00:15:51,130 --> 00:15:53,880 So they had the same type of facial structure. 342 00:15:53,880 --> 00:15:57,700 They had that same rhythm of the title of them, 343 00:15:57,700 --> 00:16:00,330 Cabbage Patch Kids, Garbage Pail Kids. 344 00:16:00,330 --> 00:16:02,780 They were really meant to evoke 345 00:16:03,670 --> 00:16:06,800 as a parody these Cabbage Patch Kids. 346 00:16:06,800 --> 00:16:10,570 Do Garbage Pail Kids fall under fair use? 347 00:16:10,570 --> 00:16:13,560 So, you're thinking about what was created, 348 00:16:13,560 --> 00:16:14,660 the work that was created. 349 00:16:14,660 --> 00:16:17,990 Was it informational? Was it scholarly? 350 00:16:17,990 --> 00:16:20,320 Was it news reporting? 351 00:16:20,320 --> 00:16:24,650 You're thinking about the work that it was based off of. 352 00:16:24,650 --> 00:16:26,240 The work that was based off of 353 00:16:26,240 --> 00:16:31,240 were these dolls that were someone's creative work 354 00:16:31,250 --> 00:16:34,320 that they had released. 355 00:16:34,320 --> 00:16:37,220 And it was for commercial purposes. 356 00:16:37,220 --> 00:16:41,013 These Garbage Pail Kids cards were sold in packs of gum. 357 00:16:42,270 --> 00:16:47,270 And the amount is kind of, that's a judgment call. 358 00:16:48,760 --> 00:16:51,170 And then, what was the effect of on the market 359 00:16:51,170 --> 00:16:54,653 of selling Garbage Pail Kids trading cards? 360 00:16:55,930 --> 00:16:56,763 Spoiler. 361 00:16:56,763 --> 00:16:59,600 Topps Trading Cards, who put out the Garbage Pail Kids, 362 00:16:59,600 --> 00:17:01,100 they got sued into the ground. 363 00:17:02,270 --> 00:17:04,370 So, when you're thinking 364 00:17:04,370 --> 00:17:06,980 about documenting your fair use cases, 365 00:17:06,980 --> 00:17:09,020 you're thinking if someone complains 366 00:17:09,020 --> 00:17:12,210 about the way that you're using copyrighted materials, 367 00:17:12,210 --> 00:17:14,530 if they think that you've infringed on copyright. 368 00:17:14,530 --> 00:17:17,020 And so, the makers of Cabbage Patch Kids 369 00:17:17,020 --> 00:17:19,050 absolutely felt Garbage Pail Kids 370 00:17:19,050 --> 00:17:22,770 infringed on their copyright and they sued Topps. 371 00:17:22,770 --> 00:17:25,330 The case was settled in a sealed settlement. 372 00:17:25,330 --> 00:17:26,450 It's still sealed. 373 00:17:26,450 --> 00:17:28,550 This happened in like 1987. It's still sealed. 374 00:17:28,550 --> 00:17:30,770 I couldn't find any information 375 00:17:30,770 --> 00:17:34,213 about how much Topps had to pay, but it was not like $5. 376 00:17:37,790 --> 00:17:40,283 It's an interesting case study. 377 00:17:41,380 --> 00:17:43,080 Interesting case study number two. 378 00:17:44,650 --> 00:17:48,690 On screen, I have two photos of the late rock star Prince. 379 00:17:48,690 --> 00:17:52,280 Now, the photo on the right is photo realistic. 380 00:17:52,280 --> 00:17:55,640 It is a photo taken by a photographer Lynn Goldsmith, 381 00:17:55,640 --> 00:17:56,800 who is still alive. 382 00:17:56,800 --> 00:17:58,670 This will become important. 383 00:17:58,670 --> 00:18:01,167 She took photos of Prince. 384 00:18:01,167 --> 00:18:03,740 "Newsweek," paid her to take photos of Prince. 385 00:18:03,740 --> 00:18:06,260 They never used her photos. 386 00:18:06,260 --> 00:18:09,137 But then, "Vanity Fair," came along and they said, 387 00:18:09,137 --> 00:18:11,447 "Oh, great photos." 388 00:18:12,951 --> 00:18:16,530 We'd like to license those photos for us. 389 00:18:16,530 --> 00:18:18,320 And so, they paid money 390 00:18:18,320 --> 00:18:20,670 to license Lynn Goldsmith's photo of Prince 391 00:18:20,670 --> 00:18:21,970 to Andy Warhol. 392 00:18:21,970 --> 00:18:23,550 And Andy Warhol, 393 00:18:23,550 --> 00:18:24,743 Soup Cans, Marilyn. 394 00:18:25,693 --> 00:18:29,180 His whole entire art was based off of taking photos, 395 00:18:29,180 --> 00:18:31,130 blowing them up really, really big, 396 00:18:31,130 --> 00:18:32,300 and painting over them, 397 00:18:32,300 --> 00:18:35,070 which is what he did with these photos 398 00:18:35,070 --> 00:18:37,490 that Lynn Goldsmith had took of Prince. 399 00:18:37,490 --> 00:18:39,190 And she knew nothing about it 400 00:18:39,190 --> 00:18:41,960 until all of a sudden these paintings 401 00:18:41,960 --> 00:18:45,430 were at an exhibition and she was not thrilled. 402 00:18:45,430 --> 00:18:47,730 By this point, Andy Warhol has passed away. 403 00:18:47,730 --> 00:18:49,520 And so, she is now in the process 404 00:18:49,520 --> 00:18:51,845 of suing the Andy Warhol Foundation 405 00:18:51,845 --> 00:18:55,330 for copyright infringement. 406 00:18:55,330 --> 00:19:00,330 And so, does the foundation have a case for fair use, 407 00:19:00,630 --> 00:19:03,990 in terms of what Warhol created with 408 00:19:03,990 --> 00:19:06,693 from Goldsmith's original work? 409 00:19:07,900 --> 00:19:08,900 Spoiler. 410 00:19:08,900 --> 00:19:09,810 We don't know. 411 00:19:09,810 --> 00:19:12,240 This is going before the Supreme Court at this fall. 412 00:19:12,240 --> 00:19:15,920 So, so far, 413 00:19:15,920 --> 00:19:17,590 the Appeals Court has ruled 414 00:19:17,590 --> 00:19:20,640 that Andy Warhol was in the wrong. 415 00:19:20,640 --> 00:19:23,150 He violated the photographer's copyright 416 00:19:23,150 --> 00:19:27,470 because he didn't give her credit for the original image. 417 00:19:27,470 --> 00:19:30,220 But the Warhol Foundation did appeal. 418 00:19:30,220 --> 00:19:32,190 It's now going to the Supreme Court this fall. 419 00:19:32,190 --> 00:19:34,040 Very interesting case. 420 00:19:34,040 --> 00:19:36,840 By the way, the photos of Prince 421 00:19:38,115 --> 00:19:40,720 and the photo of the painting, 422 00:19:40,720 --> 00:19:42,050 the Warhol painting of Prince, 423 00:19:42,050 --> 00:19:44,150 you'll notice both of them have a ring of blue ink 424 00:19:44,150 --> 00:19:45,340 around the eyes. 425 00:19:45,340 --> 00:19:49,210 And that's because there, this particular image 426 00:19:49,210 --> 00:19:52,190 is part of the court filing 427 00:19:53,170 --> 00:19:56,410 that is around the images themselves. 428 00:19:56,410 --> 00:19:59,430 Court filings are part of the public domain 429 00:19:59,430 --> 00:20:01,060 if they are made public. 430 00:20:01,060 --> 00:20:03,160 If we all know if like court filings that are sealed, 431 00:20:03,160 --> 00:20:04,370 that's not it. 432 00:20:04,370 --> 00:20:07,500 These are part of the public court filings. 433 00:20:07,500 --> 00:20:11,640 And then, they are part of a screenshot 434 00:20:11,640 --> 00:20:16,640 from Artnet, artnet.net, talking about this particular case. 435 00:20:16,640 --> 00:20:18,530 Screenshots themselves, 436 00:20:18,530 --> 00:20:22,210 you have to think about fair use categories. 437 00:20:22,210 --> 00:20:24,400 But in general, you are allowed to use them 438 00:20:24,400 --> 00:20:27,880 for things like talking about why, 439 00:20:27,880 --> 00:20:32,640 how this particular copyright case is unfolding. 440 00:20:32,640 --> 00:20:35,280 But yeah, you can see how it gets complicated. 441 00:20:35,280 --> 00:20:38,653 There are levels within levels pretty quickly. 442 00:20:40,890 --> 00:20:43,130 Fair use or not? This is the last one. 443 00:20:43,130 --> 00:20:45,230 This is Weird Al Yankovic. 444 00:20:45,230 --> 00:20:50,230 He has spent 30 years making music 445 00:20:50,310 --> 00:20:53,490 that are straight up parodies of popular songs. 446 00:20:53,490 --> 00:20:56,820 And so, he keeps all of the music 447 00:20:56,820 --> 00:20:59,460 but changes all the lyrics. 448 00:20:59,460 --> 00:21:02,730 So if you think about the amount of the work 449 00:21:02,730 --> 00:21:05,960 that's being used, it's pretty large amount, right? 450 00:21:05,960 --> 00:21:07,260 It's the whole song. 451 00:21:07,260 --> 00:21:09,853 He's just changing the lyrics and the title. 452 00:21:11,260 --> 00:21:13,640 Is he making money off of them? Absolutely. 453 00:21:13,640 --> 00:21:14,930 He's certainly making money off of them. 454 00:21:14,930 --> 00:21:16,390 He's built a career off them. 455 00:21:16,390 --> 00:21:19,763 He's coming to the Flynn theater in May off of them. 456 00:21:21,330 --> 00:21:23,153 So, you think along those lines. 457 00:21:24,640 --> 00:21:25,503 Spoiler. 458 00:21:28,400 --> 00:21:31,880 Weird Al Yankovic asks for permission every single time. 459 00:21:31,880 --> 00:21:33,210 He believes in consent. 460 00:21:33,210 --> 00:21:34,360 He talks with the artist. 461 00:21:34,360 --> 00:21:37,080 He doesn't make parodies of anyone's songs 462 00:21:37,080 --> 00:21:38,730 that he doesn't have consent for. 463 00:21:40,070 --> 00:21:43,420 Fair use always applies when you have consent. 464 00:21:43,420 --> 00:21:44,693 Consent, folks. 465 00:21:46,570 --> 00:21:49,950 But again, fair use is not cut and dried. 466 00:21:49,950 --> 00:21:51,730 You're trying to make sure that what you're doing 467 00:21:51,730 --> 00:21:53,450 hits all four of those 468 00:21:56,080 --> 00:21:57,570 tests for it. 469 00:21:57,570 --> 00:21:58,890 This is a Aman Gebru, 470 00:21:58,890 --> 00:22:01,480 who is a Duquesne University Law Professor 471 00:22:01,480 --> 00:22:03,400 specializing in copyright law. 472 00:22:03,400 --> 00:22:04,647 And he says, quote, unquote, 473 00:22:04,647 --> 00:22:07,170 "Basically, fair use is so complicated 474 00:22:07,170 --> 00:22:12,170 it has to be this side every time on a case by case basis." 475 00:22:12,920 --> 00:22:15,823 So, keep good records. 476 00:22:17,150 --> 00:22:20,190 Make sure you can figure out what the copyright terms are. 477 00:22:20,190 --> 00:22:21,540 Don't be afraid to content, 478 00:22:21,540 --> 00:22:23,620 to contact folks and ask. 479 00:22:23,620 --> 00:22:25,720 And realize that the internet is very, very large 480 00:22:25,720 --> 00:22:27,863 so you could probably find something else as well. 481 00:22:29,130 --> 00:22:29,963 All right. 482 00:22:29,963 --> 00:22:32,010 Copyright friendly materials. 483 00:22:32,010 --> 00:22:35,050 Copyright friendly materials are those 484 00:22:35,050 --> 00:22:39,460 that are licensed to reduce inequity around copyright. 485 00:22:39,460 --> 00:22:40,770 Again, copyright's about money. 486 00:22:40,770 --> 00:22:43,380 And a lot of folks are working 487 00:22:43,380 --> 00:22:46,100 without the same access to funds. 488 00:22:46,100 --> 00:22:49,220 So if you're making copyright friendly material, 489 00:22:49,220 --> 00:22:51,930 if you're lowering that bar to have materials 490 00:22:51,930 --> 00:22:56,010 be available to be used, that's part of inequity. 491 00:22:56,010 --> 00:22:59,680 And that is that's part of fighting against inequity. 492 00:22:59,680 --> 00:23:02,410 And you can do this with a Creative Commons license 493 00:23:02,410 --> 00:23:04,750 or making material explicitly available 494 00:23:04,750 --> 00:23:05,750 for educational purposes, 495 00:23:05,750 --> 00:23:07,523 or just waving the licensing fee. 496 00:23:09,250 --> 00:23:12,910 A great place to find copyright friendly materials 497 00:23:12,910 --> 00:23:15,090 is government websites. 498 00:23:15,090 --> 00:23:19,500 And everything that your US government 499 00:23:19,500 --> 00:23:21,680 puts on their websites. 500 00:23:21,680 --> 00:23:26,267 That's images, that's videos, songs, articles, 501 00:23:27,310 --> 00:23:30,280 all of it is in the public domain by default. 502 00:23:30,280 --> 00:23:32,340 Your taxes pay for that. 503 00:23:32,340 --> 00:23:35,450 The exception is if the government website 504 00:23:35,450 --> 00:23:39,800 specifically exercises copyright. 505 00:23:39,800 --> 00:23:42,720 But as a default, you are allowed to use things 506 00:23:42,720 --> 00:23:46,860 like everything on the National Park Service website. 507 00:23:46,860 --> 00:23:49,220 National Park, they got a bunch of folks 508 00:23:49,220 --> 00:23:51,640 running on beautiful outdoor settings 509 00:23:51,640 --> 00:23:53,733 taking images and videos, 510 00:23:53,733 --> 00:23:56,190 and making them all available 511 00:23:56,190 --> 00:23:58,920 because they're part of the government. 512 00:23:58,920 --> 00:24:00,743 This is one I made earlier. 513 00:24:02,290 --> 00:24:07,050 It is a video that I made 514 00:24:07,050 --> 00:24:10,040 using some webcam footage from a lake 515 00:24:10,040 --> 00:24:15,040 that I found on the National Park Service website. 516 00:24:15,190 --> 00:24:18,340 And I just fed it up and put titles over, 517 00:24:18,340 --> 00:24:20,100 grabbed some music to go underneath, 518 00:24:20,100 --> 00:24:23,263 and boom, nice little opener for my video. 519 00:24:25,290 --> 00:24:26,460 It's interesting to note though, 520 00:24:26,460 --> 00:24:29,240 if you look up this particular video on YouTube. 521 00:24:29,240 --> 00:24:33,240 So, I didn't have to give credit to the nps.gov 522 00:24:33,240 --> 00:24:35,090 for their footage, but I wanted to 523 00:24:35,090 --> 00:24:37,660 'cause it's a nice thing to do. 524 00:24:37,660 --> 00:24:39,790 And then, the music that I used underneath 525 00:24:39,790 --> 00:24:43,090 absolutely did need to include that licensing information. 526 00:24:43,090 --> 00:24:47,830 I was looking for Creative Commons specific music. 527 00:24:47,830 --> 00:24:49,660 And that's part of giving attribution 528 00:24:49,660 --> 00:24:52,113 is just throwing that credit in YouTube. 529 00:24:53,470 --> 00:24:56,110 Vermont.gov is one of the few government websites 530 00:24:56,110 --> 00:24:58,910 that explicitly withholds their copyright. 531 00:24:58,910 --> 00:25:03,590 Nothing on the vermont.gov site is available for you to use 532 00:25:03,590 --> 00:25:05,240 without their express permission. 533 00:25:06,140 --> 00:25:07,830 So, that's their right. 534 00:25:07,830 --> 00:25:10,420 They can absolutely do that. 535 00:25:10,420 --> 00:25:13,550 How would you know this? 536 00:25:13,550 --> 00:25:14,850 That's because if you look down 537 00:25:14,850 --> 00:25:17,150 at the very bottom of the site, you can see 538 00:25:17,150 --> 00:25:20,910 that they have an explicit copyright statement there. 539 00:25:20,910 --> 00:25:22,180 And so, that's what you're looking for 540 00:25:22,180 --> 00:25:24,590 when you're looking at government websites 541 00:25:24,590 --> 00:25:26,633 to make sure they're available to you. 542 00:25:27,630 --> 00:25:29,720 Fair use or not? 543 00:25:29,720 --> 00:25:32,820 This is Amy Wheeler-Sutton, works at the CDCI. 544 00:25:32,820 --> 00:25:36,050 She testified before the Senate Committee on Education. 545 00:25:36,050 --> 00:25:39,920 It was live streamed and it exists as a YouTube video. 546 00:25:39,920 --> 00:25:44,470 Now if we were to take some of the footage 547 00:25:44,470 --> 00:25:48,800 of Amy's testimony and remix it into a video 548 00:25:48,800 --> 00:25:52,370 kind of showcasing the impact that CDCI has 549 00:25:52,370 --> 00:25:56,893 on legislative matters, would that be fair use or no? 550 00:25:59,100 --> 00:25:59,933 Spoiler. 551 00:25:59,933 --> 00:26:01,030 I think it would be fair use 552 00:26:01,030 --> 00:26:04,360 because the Vermont Senate Committee on Education, 553 00:26:04,360 --> 00:26:07,120 that's part of our government 554 00:26:07,120 --> 00:26:11,670 and they have put this footage up on YouTube. 555 00:26:12,830 --> 00:26:15,340 And if you dig into the actual link itself, 556 00:26:15,340 --> 00:26:19,080 you can follow the link here and go check it out, 557 00:26:19,080 --> 00:26:20,730 they have not included 558 00:26:20,730 --> 00:26:24,150 the YouTube standard copyright statement. 559 00:26:24,150 --> 00:26:27,090 They have included nothing about how it is copyrighted. 560 00:26:27,090 --> 00:26:30,560 I would absolutely reach out to their PR person 561 00:26:30,560 --> 00:26:32,520 and say hi, I would love to use this, 562 00:26:32,520 --> 00:26:34,230 this is how we're thinking of using it. 563 00:26:34,230 --> 00:26:35,780 Just wanted to run it past you. 564 00:26:36,910 --> 00:26:39,650 If only because hey, let's have a conversation, 565 00:26:39,650 --> 00:26:41,360 but also for PR purposes. 566 00:26:41,360 --> 00:26:43,390 Because then you can send them the finished product 567 00:26:43,390 --> 00:26:44,223 and say like, 568 00:26:44,223 --> 00:26:47,390 "Here, if you wanna share this through your own networks, 569 00:26:47,390 --> 00:26:48,420 please feel free." 570 00:26:48,420 --> 00:26:49,620 Be our guest. 571 00:26:49,620 --> 00:26:53,543 So, you can work the angles there. 572 00:26:54,900 --> 00:26:57,620 If you're looking for copyright friendly materials, 573 00:26:57,620 --> 00:27:01,030 here are two good search engines. 574 00:27:01,030 --> 00:27:04,110 Openverse is at creativecommons.org. 575 00:27:04,110 --> 00:27:08,140 That is the Creative Commons specific search engine 576 00:27:08,140 --> 00:27:10,340 and it will look for everything 577 00:27:10,340 --> 00:27:13,010 that has a Creative Commons license attached to it 578 00:27:13,010 --> 00:27:15,280 or is in the public domain. 579 00:27:15,280 --> 00:27:16,510 600 million items. 580 00:27:16,510 --> 00:27:19,340 600 million copyright friendly items. 581 00:27:19,340 --> 00:27:23,190 Surely, we can find some things to use through Openverse. 582 00:27:23,190 --> 00:27:26,360 So, creativecommons.org, the Openverse search engine. 583 00:27:26,360 --> 00:27:30,450 And then, Unsplash is I would consider it a commercial site 584 00:27:30,450 --> 00:27:32,940 'cause they have ads on their site. 585 00:27:32,940 --> 00:27:36,680 But it's just a search engine for images 586 00:27:36,680 --> 00:27:38,070 that are copyright friendly, 587 00:27:38,070 --> 00:27:40,307 and they've got a ton. 588 00:27:40,307 --> 00:27:44,143 So, don't be shy about going in and grabbing some. 589 00:27:45,300 --> 00:27:46,393 Flickr.com. 590 00:27:47,250 --> 00:27:49,010 I'm trying to remember being really big in the 90s. 591 00:27:49,010 --> 00:27:50,630 I don't know. Feeling old. 592 00:27:50,630 --> 00:27:53,250 You can actually use their search 593 00:27:53,250 --> 00:27:56,200 and change the conditions of the search 594 00:27:56,200 --> 00:27:59,893 so it only searches items that are copyright friendly. 595 00:28:00,980 --> 00:28:02,140 On the left side of the screen, 596 00:28:02,140 --> 00:28:04,280 I show you where the dropdown menu 597 00:28:04,280 --> 00:28:06,900 that you would need to look at 598 00:28:06,900 --> 00:28:10,790 to figure out how to change the different parameters 599 00:28:10,790 --> 00:28:11,623 of copyright. 600 00:28:11,623 --> 00:28:13,890 You can see the last option in the dropdown 601 00:28:13,890 --> 00:28:15,880 is US government works. 602 00:28:15,880 --> 00:28:17,880 On the right hand side of the screen, 603 00:28:17,880 --> 00:28:21,933 you'll see that Cabbage Patch photo we had earlier. 604 00:28:22,921 --> 00:28:23,870 This is the gentleman who took it. 605 00:28:23,870 --> 00:28:25,870 His name is William McKeehan. 606 00:28:25,870 --> 00:28:29,070 And underneath each item, when you drill down in Flickr, 607 00:28:29,070 --> 00:28:30,200 there's the date it was taken 608 00:28:30,200 --> 00:28:34,000 and then the copyright licensing terms. 609 00:28:34,000 --> 00:28:36,690 And in this case, it's some rights reserved. 610 00:28:36,690 --> 00:28:37,970 That's actually a link you click through, 611 00:28:37,970 --> 00:28:38,803 find out more about it. 612 00:28:38,803 --> 00:28:42,400 But you can also see the Creative Commons icons there. 613 00:28:42,400 --> 00:28:44,840 There is the little body meaning attribution. 614 00:28:44,840 --> 00:28:46,910 He would like to be listed by name. 615 00:28:46,910 --> 00:28:49,890 That's William McKeehan who took this photo 616 00:28:49,890 --> 00:28:52,540 and that's the share-alike arrow. 617 00:28:52,540 --> 00:28:56,150 I wouldn't be able to turn around and copyright that photo. 618 00:28:56,150 --> 00:28:59,121 I wouldn't be able to put 619 00:28:59,121 --> 00:29:03,150 a additional copyright restrictions 620 00:29:03,150 --> 00:29:05,823 on that photo just because I'm using it. 621 00:29:07,100 --> 00:29:08,160 If you're looking for music, 622 00:29:08,160 --> 00:29:09,470 you can actually go to SoundCloud. 623 00:29:09,470 --> 00:29:11,990 where all the cool kids drop their mix tapes. 624 00:29:11,990 --> 00:29:14,000 And use their search engine 625 00:29:15,120 --> 00:29:17,670 to restrict the search results 626 00:29:17,670 --> 00:29:20,770 to things that you have the ability to reuse. 627 00:29:20,770 --> 00:29:22,780 There are tons of folks who are making music 628 00:29:22,780 --> 00:29:24,120 in the privacy of their homes 629 00:29:24,120 --> 00:29:26,560 or in the just making music 'cause they enjoy it 630 00:29:26,560 --> 00:29:29,140 who would love to have their work used 631 00:29:29,140 --> 00:29:30,380 in whatever you're doing. 632 00:29:30,380 --> 00:29:32,280 They just want attribution. 633 00:29:32,280 --> 00:29:34,210 That's all about influence, baby. 634 00:29:34,210 --> 00:29:37,930 And you can just, you can search 635 00:29:37,930 --> 00:29:39,650 by things you can use commercially. 636 00:29:39,650 --> 00:29:44,260 You can search by things that you can use 637 00:29:44,260 --> 00:29:47,630 for non-commercial purposes. 638 00:29:47,630 --> 00:29:49,730 And then once you get to an actual track, 639 00:29:49,730 --> 00:29:51,640 it lists very specifically 640 00:29:51,640 --> 00:29:55,470 like how you need to respect their copyright. 641 00:29:55,470 --> 00:29:56,967 A lot of times it's like, 642 00:29:56,967 --> 00:29:59,200 "You have to follow me on SoundCloud. 643 00:29:59,200 --> 00:30:00,990 You have to link to my channel." 644 00:30:00,990 --> 00:30:01,823 It's like, okay. 645 00:30:02,900 --> 00:30:04,740 That's their copyright restriction. 646 00:30:04,740 --> 00:30:07,960 Heck, I can't make any type of music 647 00:30:07,960 --> 00:30:11,980 on using just garage band and a Casio keyboard, 648 00:30:11,980 --> 00:30:14,610 so I'm happy to link to someone's YouTube channel 649 00:30:14,610 --> 00:30:17,410 if they've spent 12 hours whipping up 650 00:30:17,410 --> 00:30:21,220 a completely awesome tune I would love to use for my video. 651 00:30:21,220 --> 00:30:22,053 Psst, yeah. 652 00:30:23,770 --> 00:30:24,950 And then, it's important to be clear 653 00:30:24,950 --> 00:30:26,960 how you license your own work. 654 00:30:26,960 --> 00:30:29,410 At CDCI, we have a copyright policy 655 00:30:29,410 --> 00:30:32,630 listed on our About section of the website. 656 00:30:32,630 --> 00:30:35,997 And the copyright policy reads in part, 657 00:30:35,997 --> 00:30:38,270 "The CDCI respects copyright 658 00:30:38,270 --> 00:30:41,660 and commits to using materials with consent, 659 00:30:41,660 --> 00:30:43,140 giving credit went asked 660 00:30:43,140 --> 00:30:47,150 and being transparent about fair use." 661 00:30:47,150 --> 00:30:50,220 And there, we've included the icons for creative, 662 00:30:50,220 --> 00:30:53,170 the Creative Commons license that we're operating under 663 00:30:53,170 --> 00:30:54,550 for our own work. 664 00:30:54,550 --> 00:30:57,370 The CDCI licenses all our materials 665 00:30:57,370 --> 00:30:59,340 with Creative Commons 4.0. 666 00:30:59,340 --> 00:31:02,450 We are letting folks use it with attribution, 667 00:31:02,450 --> 00:31:06,363 only non-commercially and with that share-alike license. 668 00:31:07,430 --> 00:31:10,930 Creative Commons also has a licensed chooser if you're, 669 00:31:10,930 --> 00:31:13,810 it's a plain language license chooser 670 00:31:13,810 --> 00:31:18,130 where it's like okay, how do you want your stuff used? 671 00:31:18,130 --> 00:31:19,430 Just click these boxes 672 00:31:19,430 --> 00:31:22,570 and it (gags) spits out a license at the end 673 00:31:22,570 --> 00:31:24,560 that you can just embed in your website 674 00:31:24,560 --> 00:31:28,603 or you can just write out in text somewhere on the site. 675 00:31:29,800 --> 00:31:33,880 Now couple foibles about copyright at UVM. 676 00:31:33,880 --> 00:31:38,880 Only use materials you have a license for UVM productions. 677 00:31:39,420 --> 00:31:41,390 If you need materials that are licensed 678 00:31:41,390 --> 00:31:43,590 that you don't immediately have access to, 679 00:31:43,590 --> 00:31:44,750 go talk to the library. 680 00:31:44,750 --> 00:31:46,520 They'll either find a way 681 00:31:46,520 --> 00:31:49,640 to use their existing subscriptions 682 00:31:49,640 --> 00:31:53,440 or tendrils to go get you an availability 683 00:31:53,440 --> 00:31:55,700 to use the material or they'll point you to, 684 00:31:55,700 --> 00:31:56,750 they have a whole library. 685 00:31:56,750 --> 00:31:58,060 Did they mention library? 686 00:31:58,060 --> 00:31:58,893 Large library. 687 00:31:58,893 --> 00:32:01,240 Have a whole bunch of things in their library. 688 00:32:01,240 --> 00:32:04,180 Help you find other things that might do the, 689 00:32:04,180 --> 00:32:05,963 accomplish the same goal. 690 00:32:06,960 --> 00:32:11,430 If you ignore a copyright and someone pursues you legally, 691 00:32:11,430 --> 00:32:13,120 you are personally responsible 692 00:32:13,120 --> 00:32:14,570 even if what you were making 693 00:32:14,570 --> 00:32:16,420 is something you were making for UVM. 694 00:32:17,790 --> 00:32:21,580 Here's the scariest stories portion of our presentation. 695 00:32:21,580 --> 00:32:26,100 A UVM staff member made, assemble a gallery of materials. 696 00:32:26,100 --> 00:32:27,570 They had checked the copyright 697 00:32:27,570 --> 00:32:29,820 for every material in their gallery. 698 00:32:29,820 --> 00:32:33,830 It's a gallery of songs and they were sharing it out. 699 00:32:33,830 --> 00:32:35,660 And they used an image they found online 700 00:32:35,660 --> 00:32:37,270 to promote that gallery. 701 00:32:37,270 --> 00:32:40,820 They did not get permission from the photographer 702 00:32:40,820 --> 00:32:42,720 to use the image. 703 00:32:42,720 --> 00:32:45,900 And the photographer pursued legal action against them. 704 00:32:45,900 --> 00:32:49,503 And UVM was like good luck with that. 705 00:32:51,790 --> 00:32:54,210 They wound up having to pay nearly a thousand dollars 706 00:32:54,210 --> 00:32:56,363 to make it, make the legal action go away. 707 00:32:57,520 --> 00:32:59,840 Copyright, it's about money. 708 00:32:59,840 --> 00:33:01,440 It's really, really about money. 709 00:33:03,030 --> 00:33:04,750 There was a different UVM staff member 710 00:33:04,750 --> 00:33:07,830 who's pulling together an event 711 00:33:07,830 --> 00:33:11,370 for a department. 712 00:33:11,370 --> 00:33:14,920 They were partnering with an outside Vermont organization. 713 00:33:14,920 --> 00:33:18,340 The Vermont organization had licensed some photos 714 00:33:18,340 --> 00:33:19,770 from a photo photographer 715 00:33:19,770 --> 00:33:23,027 and gave the photos to the UVM staff member and said, 716 00:33:23,027 --> 00:33:25,570 "Please, please use these to promote the event." 717 00:33:25,570 --> 00:33:26,403 And the staff member 718 00:33:26,403 --> 00:33:28,420 put together a bunch of social media posts 719 00:33:28,420 --> 00:33:30,870 and went back to the director of the organization, 720 00:33:30,870 --> 00:33:32,507 of the outside organization and said, 721 00:33:32,507 --> 00:33:34,530 "Is this acceptable? Is this okay? 722 00:33:34,530 --> 00:33:36,690 Based on your understanding of the licensing agreement 723 00:33:36,690 --> 00:33:38,040 you have and the photographer." 724 00:33:38,040 --> 00:33:40,480 And the director said, "Yeah, that looks great." 725 00:33:40,480 --> 00:33:45,240 Well, the photographer and the organization fell out. 726 00:33:45,240 --> 00:33:47,190 They stopped speaking with one another. 727 00:33:48,889 --> 00:33:51,150 There were other issues at play 728 00:33:51,150 --> 00:33:54,240 and the photographer withdrew consent 729 00:33:54,240 --> 00:33:56,650 for their materials to be used in any way. 730 00:33:56,650 --> 00:33:59,820 And so, it became a whole thing 731 00:33:59,820 --> 00:34:03,890 where you had to scrub all the materials 732 00:34:03,890 --> 00:34:07,100 from the internet because consent had been withdrawn. 733 00:34:07,100 --> 00:34:09,110 It's their right to withdraw consent, 734 00:34:09,110 --> 00:34:11,940 but there's just a whole bunch of places 735 00:34:11,940 --> 00:34:14,680 where more documentation could have been used 736 00:34:14,680 --> 00:34:19,680 or how to ascertain 737 00:34:19,714 --> 00:34:23,500 who was included in the licensing of those materials. 738 00:34:23,500 --> 00:34:25,460 Did the director have the ability to turn around 739 00:34:25,460 --> 00:34:29,253 and give, transfer the license to a different person? 740 00:34:30,350 --> 00:34:32,330 It gets really complicated. 741 00:34:32,330 --> 00:34:33,170 Anyway, the last part 742 00:34:33,170 --> 00:34:35,660 is that work you create while being paid by UVM, 743 00:34:35,660 --> 00:34:37,590 technically belongs to UVM. 744 00:34:37,590 --> 00:34:39,220 Reach your HR manual. 745 00:34:39,220 --> 00:34:41,510 But if you write, say a book, 746 00:34:41,510 --> 00:34:43,510 while you're on the clock at UVM, 747 00:34:43,510 --> 00:34:45,210 UVM technically holds a copyright. 748 00:34:47,470 --> 00:34:48,310 Songs. 749 00:34:48,310 --> 00:34:50,793 UVM has a particular quirk about songs. 750 00:34:54,710 --> 00:34:56,983 If you're gonna play a song at an event, 751 00:34:57,870 --> 00:34:59,360 including an online event, 752 00:34:59,360 --> 00:35:00,770 like if we'd started this workshop 753 00:35:00,770 --> 00:35:04,440 with like a sing along to a hot new track, 754 00:35:04,440 --> 00:35:07,920 that would be considered public performance of a song. 755 00:35:07,920 --> 00:35:08,753 In order to do that, 756 00:35:08,753 --> 00:35:11,870 you have to have the license available for the song. 757 00:35:11,870 --> 00:35:14,550 There's a new group called Global Music Rights group 758 00:35:14,550 --> 00:35:16,920 that's sprang up in 2019 759 00:35:16,920 --> 00:35:19,560 and their licensing terms are ridiculous. 760 00:35:19,560 --> 00:35:22,763 And UVM has said that they just are not here for it. 761 00:35:23,870 --> 00:35:26,320 The radio station here on campus holds licenses 762 00:35:26,320 --> 00:35:28,960 with other licensing firms for songs. 763 00:35:28,960 --> 00:35:32,640 And so, there's just a ton of ways to access those. 764 00:35:32,640 --> 00:35:35,660 But Global Music Rights group 765 00:35:35,660 --> 00:35:38,930 bought up a lot of song licenses 766 00:35:38,930 --> 00:35:42,360 for really, really hard hitting artists, 767 00:35:42,360 --> 00:35:44,920 really big, big names and classic names. 768 00:35:44,920 --> 00:35:48,250 So off the top of my head, 769 00:35:48,250 --> 00:35:49,610 it's Bruce Springsteen. 770 00:35:49,610 --> 00:35:50,640 It's The Beatles. 771 00:35:50,640 --> 00:35:53,500 It's the Eagles, Post Malone, Lizzo, 772 00:35:53,500 --> 00:35:58,440 Bruno Mars, Prince, Guns N' Roses, Metallica. 773 00:35:58,440 --> 00:36:01,770 So, that level of bigness. 774 00:36:01,770 --> 00:36:04,760 And so, UVM just says that you just cannot use them. 775 00:36:04,760 --> 00:36:07,190 That link goes to the catalog for GMR. 776 00:36:07,190 --> 00:36:10,460 So, you can check if you're if you wanna use... 777 00:36:10,460 --> 00:36:13,410 Oh, Nicki Minaj is a GMR artist as well. 778 00:36:13,410 --> 00:36:16,187 Can't use her songs as well, ha. 779 00:36:17,900 --> 00:36:19,220 These are just some handy links. 780 00:36:19,220 --> 00:36:21,283 This is UVM's official copyright policy. 781 00:36:22,360 --> 00:36:25,910 And this is UVM's media copyright guidelines 782 00:36:25,910 --> 00:36:28,900 as laid out by the Howe Library here on campus. 783 00:36:28,900 --> 00:36:30,330 And this is very interesting 784 00:36:30,330 --> 00:36:33,060 in that it is UVM's specific terms of use 785 00:36:33,060 --> 00:36:34,050 for their websites. 786 00:36:34,050 --> 00:36:35,770 And in a nutshell, 787 00:36:35,770 --> 00:36:38,250 they expressly reserve all right, title and interest to 788 00:36:38,250 --> 00:36:40,710 and all copyright, trademarks, logos, patents, 789 00:36:40,710 --> 00:36:42,954 and other intellectual property and proprietary rights, 790 00:36:42,954 --> 00:36:46,160 (inhales) including but not limited to any images, 791 00:36:46,160 --> 00:36:48,850 photographs, animations, video, audio, music, 792 00:36:48,850 --> 00:36:50,450 text, and quote unquote, applet. 793 00:36:51,890 --> 00:36:53,340 Along with the overall quote unquote, 794 00:36:53,340 --> 00:36:54,720 look and feel, processes, software, 795 00:36:54,720 --> 00:36:56,470 and technology, and other materials. 796 00:36:56,470 --> 00:36:58,713 They own everything. 797 00:36:59,799 --> 00:37:02,660 I'm not sure how this would come into play 798 00:37:02,660 --> 00:37:07,610 unless they actually decided to exert that copyright 799 00:37:07,610 --> 00:37:08,470 in a court of law, 800 00:37:08,470 --> 00:37:10,580 but they put it right out there. 801 00:37:10,580 --> 00:37:11,740 It's linked right here. 802 00:37:11,740 --> 00:37:13,240 So, you can see more about it. 803 00:37:14,860 --> 00:37:16,130 Thank you for your time. 804 00:37:16,130 --> 00:37:18,460 This presentation itself is licensed 805 00:37:18,460 --> 00:37:20,503 under the Creative Commons license 4.0 806 00:37:21,370 --> 00:37:25,560 that the CDCI uses for all of their work, 807 00:37:25,560 --> 00:37:30,480 which is CC-BY-NC-SA, 808 00:37:30,480 --> 00:37:34,150 which means Creative Commons license with attribution, 809 00:37:34,150 --> 00:37:35,960 for non-commercial materials only. 810 00:37:35,960 --> 00:37:38,300 And it share-alike so you can't actually put, 811 00:37:38,300 --> 00:37:40,300 can't actually copyright it yourself. 812 00:37:41,620 --> 00:37:45,393 Find these slides at go.uvm.edu/accessibility.