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Get Creative with Creative Commons

The basics of copyright

What is copyright?

Copyright law controls how you may use the original works of other creators/authors. It covers all types of works, for example, images, novels, songs and photos. Copyright is usually automatic from the moment a work is created, but some countries require fixation. If we take music as an example, fixation means that you need to type your lyrics and record your song before it becomes copyrighted.

There are two rationales for copyright:

  • Utilitarian: To encourage authors to create for the sake of, for example, commercial gain.
  • Author's rights: Recognise and protect the connection creators have with their works.

The image below states the most important things to be aware of when it comes to copyright:

"The fundamentals of copyright" by Maggiehjort via Wikimedia Commons. Copyright and related rights waived via CC0 1.0.

Economic and moral rights

The rights you get as a copyright holder are divided into economic and moral rights:

Economic: the right of financial compensation when someone wants to use your work. 

Moral: protects the bond between the creator and his/her work. This includes always being recognized as the author of the work. 

How long does copyright last?

Most countries define the copyright length as the author's lifetime plus 50 years. Many countries (The European Union and the USA included) have extended that to 70 years after the author's death. 

What is copyrightable?

  • Literary works
  • Musical works
  • Artistic works or works of visual art
  • Dramatic works
  • Cinematographic works (including audiovisual works)
  • Translations, adaptations, and arrangements of literary and artistic works
  • Collections of literary and artistic works,
  • Databases
  • Computer software

What is not copyrightable?

  • Ideas, discoveries and principles
  • Titles, names and short phrases
  • Works consisting of self-evident facts (standard calendars, weight charts etc.)
  • Works where copyright has expired
  • Works in the public domain

 

 

 

This work, "Thinking is not enough", is adapted from a photo by Tingey Injury Law Firm on Unsplash, used under the Unsplash license. "Thinking is not enough" is licensed under CC BY 4.0 by Margareta Hjort.                                                                                                                                                                                                       

Copyright and academia

Copyright and sharing is a hot topic in higher education. The Open Access movement works towards a more fair option of sharing research results so that everyone can read them. There is also a rising number of Open Educational Resources on the internet, whose purpose is to make education available to everyone, everywhere.

Open Access in three steps

  • Research articles should be freely available on the internet and available for any user to read, download, copy, distribute, print, search or link the full texts.
  • No financial, legal or technical barriers should exist between the research and the public.
  • Academic libraries should not have to "buy back" the research of their researchers.

Open Educational Resources in three steps

  • Open Educational Resources (OER) are teaching, learning and research materials intentionally created to be freely available for anyone to use, download, share and modify. 
  • OERs can be defined by the 5 Rs:

"Wiley's 5 Rs" by Abbey Elder is licensed under CC BY-SA 4.0

  • An OER should be either Public Domain or licensed with a Creative Commons license that permits derivative works.

Who owns the material created at your university?

Whether academic librarians and university faculty own and control the copyright in their works created in their professional capacity depends on various factors. These include the laws in place such as work-for-hire in some cases, the terms of the employment or contractor agreement, university or school policies, and the terms of enrollment at the particular institution.

In Sweden, we have something called "lärarundantaget" (teacher exception), which means that traditionally the teachers, not the university, own the copyright for their teaching and research material. This means that the university needs to ask permission before using copyright-protected materials of teachers and researchers.