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== <br>Public domain == | == <br>Public domain == | ||
A work which is not copyrighted is in the public domain, and may be freely copied by anyone. It may have been placed in the public domain by its creator, it may be ineligible for copyright (not original enough or otherwise excluded), or the copyright may have expired: in the United States for example, almost all works published prior to 1923 are public domain because their copyright term expired and in the UK and much of Europe, all musical recordings are in the public domain 50 years after release. (In the United States special laws have been passed to extend copyright for certain works beyond the normal term.) | A work which is not copyrighted is in the public domain, and may be freely copied by anyone. It may have been placed in the public domain by its creator, it may be ineligible for copyright (not original enough or otherwise excluded), or the copyright may have expired: in the United States for example, almost all works published prior to 1923 are public domain because their copyright term expired and in the UK and much of Europe, all musical recordings are in the public domain 50 years after release. (In the United States special laws have been passed to extend copyright for certain works beyond the normal term.) | ||
<br>All work produced by employees of the US Federal Government as part of their work is public domain—thus, much of the content found on US government websites (.gov and .mil) is public domain. However, the government frequently includes works on its websites which are copyrighted by someone else, and the US government can even own copyright on works which are produced by others. In other words, some US Federal websites can include works which are not in the public domain--check the copyright status before assuming something is public domain. Note also that this applies only to the US Federal Government. Most state governments retain the copyright on their work (California being a notable exception). | <br>All work produced by employees of the US Federal Government as part of their work is public domain—thus, much of the content found on US government websites (.gov and .mil) is public domain. However, the government frequently includes works on its websites which are copyrighted by someone else, and the US government can even own copyright on works which are produced by others. In other words, some US Federal websites can include works which are not in the public domain--check the copyright status before assuming something is public domain. Note also that this applies only to the US Federal Government. Most state governments retain the copyright on their work (California being a notable exception). | ||
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You may not distribute a derivative work without the original author's permission unless you're using one of the rights they weren't granted (like fair use or fair dealing). Generally, a summary (or analysis) of something is not a derivative work, unless it reproduces the original in great detail, at which point it becomes an abridgment and not a summary.<br> | You may not distribute a derivative work without the original author's permission unless you're using one of the rights they weren't granted (like fair use or fair dealing). Generally, a summary (or analysis) of something is not a derivative work, unless it reproduces the original in great detail, at which point it becomes an abridgment and not a summary.<br> | ||
Taking a work in the public domain and modifying it in a significant way creates a new copyright on the work. For instance, the Homecoming Saga by Orson Scott Card is a re-telling of the Book of Mormon. Therefore, the books in the Homecoming series can be copyrighted. | Taking a work in the public domain and modifying it in a significant way creates a new copyright on the work. For instance, the Homecoming Saga by Orson Scott Card is a re-telling of the Book of Mormon. Therefore, the books in the Homecoming series can be copyrighted. However, the new work must be different from the original in order for a new copyright to apply, as the court ruled in Bridgeman Art Library v. Corel Corporation. The Bridgeman Art Library had made photographic reproductions of famous works of art from museums around the world (works already in the public domain.) The Corel Corporation used those reproductions for an educational CD-ROM without paying Bridgeman. Bridgeman claimed copyright infringement. The Court ruled that reproductions of images in the public domain are not protected by copyright if the reproductions are slavish or lacking in originality. In their opinion, the Court noted: "There is little doubt that many photographs, probably the overwhelming majority, reflect at least the modest amount of originality required for copyright protection.... But 'slavish copying', although doubtless requiring technical skill and effort, does not qualify." This ruling only applies to two-dimension works. For pictures of statues (which is, effectively, a translation of a three dimensional work into a two-dimensional copy) the picture taker has creative input into which angle to take the photographs from. Therefore, a new copyright is created when the picture is taken. Therefore, pictures of public domain 3D works are not free unless it was created by the uploader. In addition, in some countries such as the United Kingdom, simple diligence is enough for a work to be copyrightable (including reproductions of public domain works). The position of the Wikimedia Foundation on this, however, is that any reproduction of a two-dimensional work in the public domain is not copyrightable, for otherwise the very purpose of a public domain would be defeated as to such works.<br>Pictures of copyrighted buildings are not considered derivative works, unless the country it is photographed in does not have freedom of panorama provisions (such as France or Italy). In United States copyright law though, "The copyright in an architectural work that has been constructed does not prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work – but only if the building in which the work is embodied is located in or ordinarily visible from a public place." | ||
== <br>What is fair use? == | == <br>What is fair use? == | ||
Under certain conditions, you may copy a copyrighted work without a license from the original author. One of these limitations on the rights granted to the copyright holder is called "fair use." A more restricted version called fair dealing generally applies outside the United States. | Under certain conditions, you may copy a copyrighted work without a license from the original author. One of these limitations on the rights granted to the copyright holder is called "fair use." A more restricted version called fair dealing generally applies outside the United States. Generally, fair use exceptions are ill-defined, and vary widely from country to country. What is fair use in one country may not be in another country. Under US copyright law, the primary things to consider when asking if something is fair use (set forth in Title 17, Chapter 1, Section 107) are: | ||
*The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; | *The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; | ||
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=== <br>Non-commercial licenses === | === <br>Non-commercial licenses === | ||
There are many different kinds of non-commercial licenses, but generally they say something like You may use, copy, or distribute this work for non-commercial purposes.<br>Example: "Images contributed to this database by the Canadian Olympic Committee (COC) may be reproduced for non-commercial purposes without asking permission from the COC or paying copyright royalty" | There are many different kinds of non-commercial licenses, but generally they say something like You may use, copy, or distribute this work for non-commercial purposes.<br>Example: "Images contributed to this database by the Canadian Olympic Committee (COC) may be reproduced for non-commercial purposes without asking permission from the COC or paying copyright royalty" Jimbo has prohibited the use of these. However, they may still be used under the doctrine of fair use. | ||
==== <br>Educational licenses ==== | ==== <br>Educational licenses ==== | ||
It is very common for scientific works to allow educational use. What each publisher considers to be educational varies. Some consider only schools and colleges to be educational, others include all forms of public education, including encyclopedias, to be educational. | It is very common for scientific works to allow educational use. What each publisher considers to be educational varies. Some consider only schools and colleges to be educational, others include all forms of public education, including encyclopedias, to be educational. Jimbo has prohibited the use of these.[11] However, they may still be used under the terms of fair use. | ||
==== <br>Permissive licenses ==== | ==== <br>Permissive licenses ==== | ||
Permissive licenses allow for unrestricted use, modification, and distribution of a copyrighted work. The modified BSD license, the X11 license, and the MIT license are each examples of permissive licenses. These licenses seek to make it as easy as possible to reuse the licensed work: the objective is generally to make the work available and as widely used as possible, but without releasing it to the public domain. Those using permissively licensed works can relicense derivative work under more restrictive license terms. | Permissive licenses allow for unrestricted use, modification, and distribution of a copyrighted work. The modified BSD license, the X11 license, and the MIT license are each examples of permissive licenses. These licenses seek to make it as easy as possible to reuse the licensed work: the objective is generally to make the work available and as widely used as possible, but without releasing it to the public domain. Those using permissively licensed works can relicense derivative work under more restrictive license terms. Because of the very limited license requirements, license incompatibility problems with this type of license are relatively uncommon, so it is very easy to reuse these works. | ||
==== <br>Attribution licenses ==== | ==== <br>Attribution licenses ==== | ||
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==== Typical commercial licenses ==== | ==== Typical commercial licenses ==== | ||
<br>A typical commercial license is written to prohibit redistribution and limit the rights of the licensee as far as practical while still allowing them to make some use of the work. While any license is better than no license, these are often very restrictive. | <br>A typical commercial license is written to prohibit redistribution and limit the rights of the licensee as far as practical while still allowing them to make some use of the work. While any license is better than no license, these are often very restrictive. | ||
<noinclude> [[Category:FamilySearch Wiki: FAQ]] </noinclude> | <noinclude> [[Category:FamilySearch Wiki: FAQ]] </noinclude> | ||
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