Can a Person Upload Copyright Material for Their Own Use

Lesson iii: Copyright and Fair Use

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Copyright and off-white use

In our Fugitive Plagiarism lesson, we gave you tips for citing, quoting, and incorporating various sources into your writing projects. However, depending on what types of sources yous use, you may likewise have to consider copyright and fair apply laws. For example, if you lot want to apply someone else'south photo or vocal in one of your ain projects, y'all'll demand to make sure you accept the legal right to do and so.

In this tutorial, you'll learn nearly the copyright protections that apply to work posted online, including images, text, videos, and more. You lot'll also learn near the rules that determine which of these resources you can use, and how yous tin utilize them.

Spotter the video below to acquire nigh copyright, public domain, and fair use.

The laws discussed in this tutorial are United states laws. No lawyer was involved in preparing this tutorial. Nosotros are not legal experts, and this tutorial should not exist taken equally legal communication.

What is copyright?

Copyright is the legal concept that works—fine art, writing, images, music, and more than—vest to the people who create them. According to copyright constabulary, any original content yous create and tape in a lasting form is your own intellectual property. This means other people can't legally copy your work and pretend information technology's their own. They tin't brand money from the things yous create either.

You can yet cite and refer to other sources (including copyrighted materials) in your piece of work. Only to use, copy, or change a copyrighted work, you lot need permission from the person who holds the copyright. This permission is chosen a license.

Although everyone has the right to crave that others respect their copyright and ask permission to apply their piece of work, some people and organizations cull to license their content more freely. They do this past giving their piece of work a Creative Commons license, or by placing their work in the public domain.

Review the infographic to get an overview of the differences among traditional copyright, Creative Eatables, and public domain.

Obtaining free content

If everything on the Cyberspace belongs to someone, how practice you obtain images, music, and other materials y'all can apply in your projects for complimentary? The answer is through public domain and Creative Commons-licensed content. To larn more, review the tips below.

Tip #ane: Use public domain content

There are no restrictions on using works that are in the public domain, which means you can use them however you want—short of claiming that you created them yourself. Unfortunately, it'due south non ever easy to tell whether or not something is in the public domain. There may be some cases when y'all know for sure that a work is public domain (for instance, if y'all discover a photograph or text you lot are sure was published earlier 1923), but for the most part the all-time way to find public domain content is to search for information technology specifically.

For help finding public domain content, visit these resources:

• Prelinger Archives

• U.S. Government Photos and Images

Tip #ii: Utilise Creative Commons content

The symbols for Artistic Commons licenses

Although Creative Commons content won't toll yous any coin to obtain, it's non totally free: To utilize it, you must follow certain rules. People who choose to make their content Creative Eatables can choose 1 or more of these licenses to utilize to their work:

• Attribution: You must credit the creator in order to employ, copy, or share the content.
• Non-Commercial: You can't brand a profit from the content.
• No Derivative Works: Yous can't change the content.
• Share Alike: Y'all tin change the content, only you lot have to let other people use your new work with the same license as the original. You tin can't treat any Share Alike work that you adapt as your own copyright, even if you radically change it.

For aid finding Creative Eatables content, effort these resources:

• Wikimedia Commons
• Flickr: Creative Commons
• Artistic Eatables Search

How to tell if content is Creative Commons

To tell if a piece of content is Artistic Commons, look for the Creative Commons symbol, likewise as symbols that indicate exactly which licenses apply to it.

For instance, the symbols in the case beneath bespeak that the photo has three licenses: Attribution, Non Commercial, and No Derivative Works. This ways you tin use this photograph if you lot credit the person who created it, don't make coin from it, and don't modify it.

Creative Eatables license information for a photograph

Finding content with Google

Google allows you to filter your search results to simply prove Creative Commons and public domain works. When conducting an advanced search, you can choose which usage rights you want Google to search for. For case, if yous're searching for an image to use in your blog, you lot can modify the usage rights to free to use or share.

Filtering a Google search past usage rights

For more than information on conducting an advanced search, review the Advanced Search Strategies  portion of our Google Search Tips lesson.

Using copyrighted material

As yous learned earlier, you generally need to license copyrighted material in society to use it, which often costs money. The exception to this is a rule chosen off-white use. Fair utilise means you can use copyrighted material without a license only for certain purposes. These include:

• Commentary
• Criticism
• Reporting
• Research
• Teaching

Y'all can't simply grab a copyrighted photograph and use it on your blog because you think it's pretty. Nonetheless, information technology probably would be considered fair utilize if you lot included the photo in a weblog post that commented on and analyzed the lensman's work.

Guidelines for fair employ:

• A majority of the content you lot create must be your own.
  To return to the example above, it'southward probably fair utilize to include a few relevant photos to support your ideas in a blog mail service, presentation, or research paper. However, using these same photos in a projection with only a few lines of commentary might non be fair utilise. As another example, permit's imagine you plant a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair utilize. But republishing the entire tutorial would not be fair use, even if you linked to the original source.
• Give credit to the copyright holder.
  In order for something to be fair use, you must give full credit to the person who created it. This includes the creator'south name, equally well as other information that will assistance people find the original work or source. For case, if you lot adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more than assist citing your sources, review Avoiding Plagiarism.
• Don't make money off of the copyrighted work.
  In general, it'southward much easier to claim off-white use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite Tv set shows and adding funny captions and commentary might be considered fair apply, selling these images on T-shirts would not.

Misusing copyrighted material

The concept of off-white apply tin can be tricky, peculiarly when it comes to creating work you don't intend to post or publish. For example, if you lot download a series of graphics from a designer'southward website and use them to create a PowerPoint template for you and your coworkers (without permission), you could argue that it was never meant for the public and that you didn't mean whatsoever harm.

In situations like this, it'southward of import to put yourself in the copyright holder'due south shoes. It's true that he or she will probably never find out most the template. It'south also a relatively minor violation because you're just using the graphics effectually the office.

But how would you feel if yous were a graphic designer and learned that people were using your piece of work (your livelihood) in a manner you didn't intend? And yous're non getting paid or credited for it!

In brusque, it's better to practise what's correct than to take chances violating copyright and off-white use laws. Even if you call up what y'all're doing is not a big deal, the copyright holder may disagree. If someone requests that you remove his or her materials from your work, you should do then immediately. Otherwise, yous can suffer serious consequences, including:

• Having your website shut down if your work is published online—like on a blog—after the copyright holder complains to your hosting service
• Getting sued by the copyright holder

Licensing copyrighted content

If y'all want to employ copyrighted content in a mode that doesn't fall under fair utilize, you'll have to license it in society to get permission to postal service it. If you're interested in purchasing the rights to utilise images, video, and other media in your piece of work, you may want to visit the following stock photograph sites:

• iStockphoto

  

• Photos.com

  

• Adobe Stock

  

Sharing copyrighted videos

Video-sharing sites like YouTube and Vimeo offer the selection to share videos by embedding them. When you embed a video, it automatically creates a link back to the place where it was originally posted. Because the original creator or poster is automatically credited, you don't have to worry nigh going through any actress steps to requite credit.

Be aware that many videos on these sites—particularly videos of TV shows and movies—are in violation of copyright law, and may be removed from YouTube at any time. If a video is removed from YouTube, it will as well be removed from wherever you've embedded information technology. Yous should never embed a video that you know is breaking copyright laws.

An embedded video from YouTube

Protecting your intellectual property

Copyright protects the things you create too. You own the original content yous post on your web log, share on your website, or write in your research paper. If people copy or steal your intellectual holding, y'all take the right to try and terminate them.

Guarding your content online

The all-time way to protect your content is to continue an eye out for information technology elsewhere. These tips can help yous decide if someone else has published your piece of work online, like on a website or blog.

• Employ plagiarism search services.
  If y'all choose to publish your work online, these services will analyze your blog or site, so search for sites with identical content. Copyscape.com is a reputable site with a complimentary plagiarism search.
• Fix Google Alerts for excerpts of your piece of work.
  Google Alerts is a service y'all can use to automatically e-mail you when sites mail new data most a person, thing, or event. You can create alerts for things yous've written by entering a few sentences from your piece of work in the Search Query field. (Make certain to utilize quotation marks.) If that text shows up elsewhere on the Web, you'll receive an email.

  Setting upward a Google Alert for a blog mail

• Add watermarks to your images.
  A watermark is something yous add to an image to place yourself equally its creator—usually a symbol or some text. If you choose to share your images online, watermarks make information technology piece of cake for you and other people to recognize images you created. They also tin can have the effect of discouraging others from taking your images in the outset place. You can easily create watermarks in prototype-editing programs like Picasa and Photoshop.

  A watermarked image

What to exercise if you detect your content on another site

At that place are two things you can practice if you find your images, text, or other media on someone else's website or web log. First, yous can contact the person who runs the blog or site that took your content. Virtually blogs list a contact e-mail accost, but if you can't find ane you tin ever leave a comment on the offending mail. Ask firmly but politely to remove your content (or give you credit if you don't mind sharing it). This tin can work, peculiarly in cases when the other person didn't realize whatever wrongdoing had occurred.

If contacting the blogger doesn't piece of work, yous may want to file a DMCA takedown asking. DMCA refers to the Digital Millenium Copyright Act, a law that'southward designed to help copyright holders protect their content. Under this police, if a site steals your original content y'all can mutter to that site's service provider. If the service provider finds your complaint valid, it volition take down the content.

To learn more about filing a DMCA complaint, read How to Send a DMCA Takedown Find by Carolyn E. Wright from the weblog Black Star Ascension.

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