1 00:00:00,078 --> 00:00:00,918 Erin Austin: Hello, ladies. 2 00:00:01,147 --> 00:00:03,394 Welcome to this week's episode 3 00:00:03,414 --> 00:00:05,384 of the hourly to exit podcast. 4 00:00:05,762 --> 00:00:07,956 This week is part two of 5 00:00:07,956 --> 00:00:09,796 a three part series about 6 00:00:09,846 --> 00:00:11,904 copyright infringement basics. 7 00:00:12,297 --> 00:00:13,086 This week, we're going to 8 00:00:13,086 --> 00:00:14,866 talk about how to avoid 9 00:00:14,956 --> 00:00:16,366 accidentally infringing 10 00:00:16,366 --> 00:00:17,536 someone else's copyright. 11 00:00:18,114 --> 00:00:19,541 Including the podcast, in 12 00:00:19,541 --> 00:00:21,618 part one, which I encourage 13 00:00:21,618 --> 00:00:22,358 you to listen to if you 14 00:00:22,368 --> 00:00:24,084 have not already, we talked 15 00:00:24,084 --> 00:00:26,044 about the consequences and 16 00:00:26,094 --> 00:00:28,464 penalties that can be levied 17 00:00:28,524 --> 00:00:30,454 against an infringer, and 18 00:00:30,454 --> 00:00:32,394 they include money damages 19 00:00:32,474 --> 00:00:34,914 as well as criminal charges 20 00:00:35,154 --> 00:00:37,568 in the case of intentional 21 00:00:37,598 --> 00:00:39,418 infringement or repeated 22 00:00:39,478 --> 00:00:41,188 patterns of infringement. 23 00:00:41,384 --> 00:00:42,406 Of course, no one 24 00:00:42,406 --> 00:00:43,086 is listening to this 25 00:00:43,106 --> 00:00:45,146 podcast wants to do that. 26 00:00:45,338 --> 00:00:46,836 Not just because you don't 27 00:00:46,836 --> 00:00:48,129 want to get caught, but 28 00:00:48,159 --> 00:00:50,209 because we have an ethical 29 00:00:50,219 --> 00:00:52,193 duty to respect each other's 30 00:00:52,213 --> 00:00:53,816 property and intellectual 31 00:00:53,816 --> 00:00:55,776 property is property. 32 00:00:55,981 --> 00:00:57,846 When we think about IP as 33 00:00:57,956 --> 00:01:00,056 inventory, which when you 34 00:01:00,056 --> 00:01:01,976 are an expert, intellectual 35 00:01:01,976 --> 00:01:04,346 property is your inventory. 36 00:01:04,609 --> 00:01:06,339 There is no other business 37 00:01:06,661 --> 00:01:07,906 that we would think that 38 00:01:07,906 --> 00:01:09,446 we can get our inventory 39 00:01:09,456 --> 00:01:10,843 for free, or that we can 40 00:01:10,843 --> 00:01:12,043 borrow somebody else's 41 00:01:12,073 --> 00:01:14,363 inventory and profit from 42 00:01:14,363 --> 00:01:15,653 it without their permission. 43 00:01:15,851 --> 00:01:17,479 That would never happen in 44 00:01:17,509 --> 00:01:20,256 any other business and the 45 00:01:20,256 --> 00:01:22,166 same rules apply when we are 46 00:01:22,226 --> 00:01:24,256 experts and our inventory 47 00:01:24,306 --> 00:01:25,656 is intellectual property. 48 00:01:25,836 --> 00:01:27,273 whether it's that we 49 00:01:27,273 --> 00:01:28,912 create ourselves or that 50 00:01:28,922 --> 00:01:30,142 somebody else creates, 51 00:01:30,152 --> 00:01:32,476 and that we bring into our 52 00:01:32,506 --> 00:01:34,479 business to help create 53 00:01:34,519 --> 00:01:35,549 additional inventory. 54 00:01:35,812 --> 00:01:37,969 I do have an episode 55 00:01:38,009 --> 00:01:40,532 about, IP is inventory. 56 00:01:40,730 --> 00:01:41,871 throughout my episodes, 57 00:01:41,871 --> 00:01:43,101 if I refer to something 58 00:01:43,101 --> 00:01:44,211 that I wrote about or a 59 00:01:44,211 --> 00:01:45,575 previous episode, you can 60 00:01:45,625 --> 00:01:46,835 always go to my website, 61 00:01:46,835 --> 00:01:49,185 think beyond dot com and, 62 00:01:49,458 --> 00:01:51,921 search for it, usually, in 63 00:01:51,921 --> 00:01:53,551 the blog under the blog. 64 00:01:53,759 --> 00:01:55,425 There is a search function 65 00:01:55,590 --> 00:01:57,340 now, for those of you who 66 00:01:57,390 --> 00:01:58,690 know this stuff better than 67 00:01:58,690 --> 00:02:00,690 me, I have been looking for 68 00:02:00,840 --> 00:02:02,620 much better search tool. 69 00:02:02,773 --> 00:02:03,523 because I have so much 70 00:02:03,533 --> 00:02:05,253 content on my website, 71 00:02:05,253 --> 00:02:07,503 including, podcast that I 72 00:02:07,503 --> 00:02:09,845 host and then, a guest on and. 73 00:02:09,947 --> 00:02:11,167 All the stuff I write, 74 00:02:11,177 --> 00:02:12,745 a lot of free resources. 75 00:02:12,745 --> 00:02:14,195 I'd love to have a really good 76 00:02:14,195 --> 00:02:15,455 comprehensive search tool. 77 00:02:15,588 --> 00:02:16,708 So if you have any leads, 78 00:02:16,943 --> 00:02:18,362 please send them to me. 79 00:02:18,422 --> 00:02:18,682 Thanks. 80 00:02:18,960 --> 00:02:20,515 Anyway, back to copyright 81 00:02:20,515 --> 00:02:21,415 infringement basics. 82 00:02:21,752 --> 00:02:24,025 So, IP is inventory. 83 00:02:24,045 --> 00:02:25,825 We don't get to use other 84 00:02:25,825 --> 00:02:27,525 people's inventory for free 85 00:02:27,535 --> 00:02:28,585 or without their permission. 86 00:02:28,767 --> 00:02:30,493 And it happens too much when 87 00:02:30,493 --> 00:02:31,393 it comes to intellectual 88 00:02:31,393 --> 00:02:33,437 property, and our expertise, 89 00:02:33,467 --> 00:02:34,907 because, we can't put in our 90 00:02:34,907 --> 00:02:36,257 hand, you know, like bolts 91 00:02:36,387 --> 00:02:37,933 or, planks and things like 92 00:02:37,933 --> 00:02:39,480 that that we know we have to 93 00:02:39,480 --> 00:02:41,377 buy in order to get the wood 94 00:02:41,387 --> 00:02:42,527 to create a building or to 95 00:02:42,527 --> 00:02:44,047 get the screws to make a car. 96 00:02:44,207 --> 00:02:44,750 because we can 97 00:02:44,760 --> 00:02:45,840 access people's. 98 00:02:46,038 --> 00:02:47,560 Intellectual property, we 99 00:02:47,560 --> 00:02:48,967 can access their expertise 100 00:02:49,007 --> 00:02:50,443 over the Internet, and 101 00:02:50,443 --> 00:02:51,823 we can get it for free. 102 00:02:51,823 --> 00:02:52,363 You're listening 103 00:02:52,363 --> 00:02:53,433 to this for free. 104 00:02:53,697 --> 00:02:54,837 even though it is my 105 00:02:54,837 --> 00:02:55,877 intellectual property, 106 00:02:56,050 --> 00:02:57,110 you can get it for free. 107 00:02:57,320 --> 00:02:59,300 But even though everyone else. 108 00:02:59,604 --> 00:03:00,959 May say, oh, everyone's 109 00:03:00,959 --> 00:03:02,429 getting their initial property 110 00:03:02,429 --> 00:03:03,459 for free off the Internet, 111 00:03:03,634 --> 00:03:05,672 but we aren't because here 112 00:03:05,772 --> 00:03:07,715 at hourly to exit, we believe 113 00:03:07,715 --> 00:03:09,635 in building businesses that 114 00:03:09,635 --> 00:03:11,335 poor put more wealth in the 115 00:03:11,345 --> 00:03:13,157 hands of women and we are 116 00:03:13,157 --> 00:03:14,887 not stealing from each other. 117 00:03:15,097 --> 00:03:16,187 So, let's start with the 118 00:03:16,187 --> 00:03:17,567 assumption that we all 119 00:03:17,567 --> 00:03:19,047 want to do the right thing. 120 00:03:19,252 --> 00:03:20,750 That we want to be fair, 121 00:03:20,939 --> 00:03:22,737 let's call it the golden 122 00:03:22,777 --> 00:03:25,100 rule of copyright that to 123 00:03:25,100 --> 00:03:26,510 do on to others as we would 124 00:03:26,520 --> 00:03:28,540 have them do on to you. 125 00:03:28,784 --> 00:03:30,604 So that means it is our duty 126 00:03:30,604 --> 00:03:32,760 to educate ourselves so that 127 00:03:32,760 --> 00:03:35,094 we don't infringe copyrights 128 00:03:35,144 --> 00:03:36,334 due to our ignorance. 129 00:03:36,842 --> 00:03:37,707 Now, I'm going to make 130 00:03:37,707 --> 00:03:38,727 the assumption that you 131 00:03:38,727 --> 00:03:40,397 would never intentionally 132 00:03:40,572 --> 00:03:41,630 infringe someone else's 133 00:03:41,700 --> 00:03:43,257 copyright and that if it 134 00:03:43,267 --> 00:03:44,927 happens, it's Because you 135 00:03:44,927 --> 00:03:46,357 don't know any better. 136 00:03:46,617 --> 00:03:48,687 So that is what this, episode 137 00:03:48,687 --> 00:03:50,467 is about is making sure 138 00:03:50,467 --> 00:03:52,017 that we don't accidentally 139 00:03:52,027 --> 00:03:54,394 infringe on copyright because 140 00:03:54,484 --> 00:03:55,624 we don't know any better. 141 00:03:55,822 --> 00:03:58,287 And by the way, ignorance is 142 00:03:58,317 --> 00:04:00,207 not a defense with respect 143 00:04:00,207 --> 00:04:01,297 to copyright infringement. 144 00:04:01,556 --> 00:04:04,192 So there will be, 5 steps to 145 00:04:04,192 --> 00:04:05,702 avoid accidentally infringing 146 00:04:05,702 --> 00:04:06,852 someone else's copyright. 147 00:04:07,164 --> 00:04:08,954 1st, educate yourself 148 00:04:09,024 --> 00:04:10,941 about what copyright is. 149 00:04:11,581 --> 00:04:13,561 Number 2 is doing your 150 00:04:13,561 --> 00:04:15,081 research before you use it. 151 00:04:15,573 --> 00:04:17,227 Number 3 is seeking 152 00:04:17,317 --> 00:04:19,157 permission before you use it. 153 00:04:19,611 --> 00:04:23,118 4 is, take advantage of 154 00:04:23,158 --> 00:04:24,708 resources that are in 155 00:04:24,708 --> 00:04:26,498 the public domain or, 156 00:04:26,538 --> 00:04:27,898 can be easily licensed. 157 00:04:28,509 --> 00:04:30,589 And then 5 is keeping 158 00:04:30,679 --> 00:04:32,879 records to make sure you 159 00:04:33,039 --> 00:04:34,749 know the limits of the 160 00:04:34,749 --> 00:04:36,369 permissions that you do have. 161 00:04:36,816 --> 00:04:38,146 All right, from the top, 162 00:04:38,529 --> 00:04:40,302 educate yourself about 163 00:04:40,352 --> 00:04:41,442 the copyright basics. 164 00:04:41,722 --> 00:04:42,696 You need to understand 165 00:04:42,696 --> 00:04:43,756 what copyright is 166 00:04:43,926 --> 00:04:44,826 and what it protects. 167 00:04:45,179 --> 00:04:45,857 This will be a bit 168 00:04:45,857 --> 00:04:46,857 of an overview. 169 00:04:46,867 --> 00:04:47,617 You know, I talk about 170 00:04:47,617 --> 00:04:49,014 copyrights a lot, but, 171 00:04:49,044 --> 00:04:49,777 in the interest of 172 00:04:49,777 --> 00:04:50,737 completeness, we'll also 173 00:04:50,907 --> 00:04:52,687 just have a brief overview 174 00:04:52,747 --> 00:04:54,007 of the copyright basics. 175 00:04:54,526 --> 00:04:55,246 So, what does 176 00:04:55,326 --> 00:04:56,616 copyright protect? 177 00:04:57,040 --> 00:04:58,288 Copyright law protects 178 00:04:58,358 --> 00:05:00,188 original works of authorship 179 00:05:00,508 --> 00:05:02,088 fixed in a tangible 180 00:05:02,098 --> 00:05:03,668 medium of expression. 181 00:05:03,926 --> 00:05:04,886 So that would include 182 00:05:05,060 --> 00:05:06,710 livery works, both fiction 183 00:05:06,740 --> 00:05:08,543 and nonfiction, music, 184 00:05:08,643 --> 00:05:10,993 art, videos, television, 185 00:05:11,063 --> 00:05:13,473 choreography, photographs, 186 00:05:13,923 --> 00:05:15,730 sculpture, anything that is 187 00:05:15,730 --> 00:05:17,993 original, and that has been 188 00:05:17,993 --> 00:05:19,762 put in a tangible medium 189 00:05:19,882 --> 00:05:21,616 of expression tangible does 190 00:05:21,646 --> 00:05:23,136 mean digital, by the way. 191 00:05:23,329 --> 00:05:24,646 So, something that's on 192 00:05:24,646 --> 00:05:25,476 the Internet, even if you 193 00:05:25,476 --> 00:05:26,426 can't pick it up and put in 194 00:05:26,426 --> 00:05:28,379 your hand, it's been fixed 195 00:05:28,399 --> 00:05:29,959 in a medium of expression. 196 00:05:29,959 --> 00:05:31,229 Meaning other people 197 00:05:31,229 --> 00:05:32,749 can perceive it without, 198 00:05:32,926 --> 00:05:33,946 you being there. 199 00:05:34,132 --> 00:05:36,886 So, if I, say this exact thing 200 00:05:36,886 --> 00:05:38,399 that I'm, going to talk about 201 00:05:38,399 --> 00:05:40,192 in this episode today, but I 202 00:05:40,382 --> 00:05:43,038 say it on the front steps of 203 00:05:43,078 --> 00:05:46,118 a, courthouse, on my box on 204 00:05:46,118 --> 00:05:48,598 my soapbox and, I don't fix 205 00:05:48,598 --> 00:05:49,808 it in any kind of tangible 206 00:05:49,808 --> 00:05:51,565 expression, Be get without 207 00:05:51,575 --> 00:05:52,885 recording it in any way. 208 00:05:53,040 --> 00:05:54,358 It's not hasn't been fixed 209 00:05:54,418 --> 00:05:55,258 and therefore it's not 210 00:05:55,258 --> 00:05:56,398 protected by copyright law. 211 00:05:56,732 --> 00:05:58,625 so exclusive rights that you 212 00:05:58,625 --> 00:06:01,425 get when you have a copyright. 213 00:06:01,615 --> 00:06:02,555 Copyrights are 214 00:06:02,555 --> 00:06:03,885 basically a bundle. 215 00:06:03,885 --> 00:06:04,675 You'll hear it in the 216 00:06:04,675 --> 00:06:06,285 singular and in the plural 217 00:06:06,442 --> 00:06:07,878 and it's the copyrights 218 00:06:07,918 --> 00:06:10,022 are a bundle of rights that 219 00:06:10,022 --> 00:06:13,272 the owner has exclusively. 220 00:06:13,412 --> 00:06:15,312 Over the use of their work, 221 00:06:15,575 --> 00:06:16,871 and those include the right 222 00:06:16,871 --> 00:06:18,743 to copy the work, the right 223 00:06:18,753 --> 00:06:20,233 to distribute the works to 224 00:06:20,233 --> 00:06:21,828 the public, the right to 225 00:06:21,828 --> 00:06:23,528 prepare derivative works 226 00:06:23,638 --> 00:06:25,268 based on that, such as, you 227 00:06:25,480 --> 00:06:28,273 translation or an abridgment 228 00:06:28,343 --> 00:06:30,223 or turning it into a course 229 00:06:30,551 --> 00:06:32,053 or creating a video out of it. 230 00:06:32,460 --> 00:06:33,196 to publicly 231 00:06:33,196 --> 00:06:34,296 perform their work. 232 00:06:34,553 --> 00:06:36,663 and so that would be, if I 233 00:06:36,673 --> 00:06:38,093 have this script and then I 234 00:06:38,103 --> 00:06:40,176 go stand on my soapbox, I've 235 00:06:40,176 --> 00:06:42,026 put it in fixed, form before 236 00:06:42,026 --> 00:06:43,836 I started speaking and now 237 00:06:43,866 --> 00:06:45,430 I publicly perform it, that 238 00:06:45,430 --> 00:06:46,420 would be one of the rights 239 00:06:46,420 --> 00:06:47,570 that I have exclusively 240 00:06:47,570 --> 00:06:48,760 as a copyright owner of 241 00:06:48,760 --> 00:06:50,256 this script, including 242 00:06:50,276 --> 00:06:51,646 live performances and 243 00:06:51,646 --> 00:06:52,906 streaming over the Internet. 244 00:06:53,271 --> 00:06:54,926 To publicly display their 245 00:06:54,926 --> 00:06:56,386 work, including display 246 00:06:56,426 --> 00:06:57,276 of artwork in public 247 00:06:57,326 --> 00:06:59,040 places and on websites. 248 00:06:59,399 --> 00:07:01,807 So, even if I own piece 249 00:07:01,807 --> 00:07:03,537 of artwork, I go to 250 00:07:03,827 --> 00:07:05,067 art fair this weekend. 251 00:07:05,067 --> 00:07:06,587 I buy the physical 252 00:07:06,587 --> 00:07:07,447 piece of artwork. 253 00:07:07,447 --> 00:07:08,257 I bring it home. 254 00:07:08,257 --> 00:07:09,257 I own that physical piece 255 00:07:09,257 --> 00:07:11,004 of artwork, but I can't. 256 00:07:11,192 --> 00:07:12,999 Put it online or, show 257 00:07:12,999 --> 00:07:14,409 it off in a museum 258 00:07:14,409 --> 00:07:15,972 because the copyright 259 00:07:16,085 --> 00:07:17,445 in that piece of artwork 260 00:07:17,445 --> 00:07:18,955 stayed with that artist. 261 00:07:19,205 --> 00:07:21,435 I only own that physical, 262 00:07:21,492 --> 00:07:23,182 canvas with the paint on it, 263 00:07:23,312 --> 00:07:25,119 but I don't own the copyright. 264 00:07:25,445 --> 00:07:27,167 The ability to make copies 265 00:07:27,177 --> 00:07:28,587 distribute copies to create 266 00:07:28,597 --> 00:07:30,283 derivatives that still stays 267 00:07:30,283 --> 00:07:31,433 with the copyright owner. 268 00:07:31,835 --> 00:07:33,385 So copyright notice 269 00:07:33,734 --> 00:07:34,812 is not required. 270 00:07:34,812 --> 00:07:36,622 Copyright notices that see 271 00:07:36,632 --> 00:07:38,035 in a circle that should 272 00:07:38,035 --> 00:07:39,315 be accompanied by the year 273 00:07:39,315 --> 00:07:40,375 that it was published and 274 00:07:40,375 --> 00:07:41,305 the name of the author. 275 00:07:41,470 --> 00:07:41,809 That is your 276 00:07:41,809 --> 00:07:42,889 standard copyright. 277 00:07:43,044 --> 00:07:44,453 Notice is not been 278 00:07:44,453 --> 00:07:45,443 required since I think 279 00:07:45,443 --> 00:07:47,373 in 1976, if I'm correct. 280 00:07:47,796 --> 00:07:48,976 So, assuming that you're 281 00:07:48,976 --> 00:07:51,558 looking at a work Is, 282 00:07:51,598 --> 00:07:53,151 modern the 2nd, within the 283 00:07:53,151 --> 00:07:54,431 last 50 years published 284 00:07:54,431 --> 00:07:55,351 within the last 50 years, 285 00:07:55,351 --> 00:07:56,671 the copyright notice is not 286 00:07:56,671 --> 00:07:58,685 required copyright protections 287 00:07:58,775 --> 00:08:00,825 at the moment of creation. 288 00:08:01,088 --> 00:08:03,011 And so what that means is that 289 00:08:03,011 --> 00:08:05,094 there is a massive amount of 290 00:08:05,094 --> 00:08:06,454 original expression that's 291 00:08:06,464 --> 00:08:09,031 posted online every day. 292 00:08:09,218 --> 00:08:10,334 That is protected by 293 00:08:10,334 --> 00:08:11,768 copyright, even if there's 294 00:08:11,768 --> 00:08:13,118 no copyright notice on it, 295 00:08:13,298 --> 00:08:15,104 even if the creator had no 296 00:08:15,144 --> 00:08:16,164 thoughts about copyright 297 00:08:16,164 --> 00:08:18,048 protection when she created 298 00:08:18,048 --> 00:08:20,104 it and posted it, but under 299 00:08:20,204 --> 00:08:22,108 law, copyright protection 300 00:08:22,158 --> 00:08:24,168 attaches automatically. 301 00:08:24,487 --> 00:08:26,677 and just to clarify 302 00:08:26,677 --> 00:08:28,221 that not every use of a 303 00:08:28,221 --> 00:08:30,704 copyrighted work without 304 00:08:30,704 --> 00:08:32,414 the owner's permission would 305 00:08:32,424 --> 00:08:33,624 infringe the copyright. 306 00:08:33,654 --> 00:08:36,331 So it has to infringe on one 307 00:08:36,331 --> 00:08:38,924 of those exclusive rights. 308 00:08:39,294 --> 00:08:41,136 Making copies, distributing 309 00:08:41,136 --> 00:08:42,786 it, making derivatives, 310 00:08:42,866 --> 00:08:44,076 publicly performing, 311 00:08:44,076 --> 00:08:45,456 publicly displaying it. 312 00:08:45,783 --> 00:08:46,893 So, if you're not doing 313 00:08:46,973 --> 00:08:48,263 any of those things with 314 00:08:48,263 --> 00:08:49,789 somebody's copyrighted 315 00:08:49,789 --> 00:08:50,659 work, then you're not 316 00:08:50,669 --> 00:08:51,729 infringing their copyright. 317 00:08:52,123 --> 00:08:53,489 So, for instance, if You're 318 00:08:53,529 --> 00:08:56,063 in your car singing a song, 319 00:08:56,263 --> 00:08:58,459 that is a copyrighted work and 320 00:08:58,459 --> 00:09:00,549 you are performing it, but you 321 00:09:00,549 --> 00:09:02,169 aren't publicly performing it. 322 00:09:02,209 --> 00:09:03,606 So that would not be a 323 00:09:03,606 --> 00:09:04,616 copyright infringement. 324 00:09:05,006 --> 00:09:06,106 there are some shades 325 00:09:06,106 --> 00:09:06,786 of gray in there. 326 00:09:06,796 --> 00:09:07,759 Of course, when I was 327 00:09:07,759 --> 00:09:08,949 originally thinking about that 328 00:09:08,949 --> 00:09:10,542 example, I was thinking, let's 329 00:09:10,542 --> 00:09:11,552 say you just did it, at the 330 00:09:11,552 --> 00:09:12,972 barbecue, you have a little, 331 00:09:13,022 --> 00:09:14,432 Talent show at the barbecue. 332 00:09:14,619 --> 00:09:15,569 there's that fine line 333 00:09:15,569 --> 00:09:16,829 between is that public? 334 00:09:16,996 --> 00:09:18,279 And even if it is public, 335 00:09:18,462 --> 00:09:19,562 who's ever going to find out? 336 00:09:19,769 --> 00:09:21,369 And so, I'll always 337 00:09:21,369 --> 00:09:22,709 be very practical. 338 00:09:22,739 --> 00:09:24,029 And the way I talk about 339 00:09:24,039 --> 00:09:26,309 copyrights and contracts, but 340 00:09:26,339 --> 00:09:28,289 I do want you to understand. 341 00:09:28,456 --> 00:09:30,294 What the strict letter 342 00:09:30,304 --> 00:09:31,424 of the law says. 343 00:09:31,639 --> 00:09:33,059 finally, we have the 344 00:09:33,059 --> 00:09:34,929 concept of fair use. 345 00:09:35,292 --> 00:09:37,226 that is the circumstance 346 00:09:37,226 --> 00:09:39,166 where you can have limited 347 00:09:39,166 --> 00:09:40,546 use of somebody else's 348 00:09:40,546 --> 00:09:42,496 copyrighted material without 349 00:09:42,506 --> 00:09:44,256 their permission and without 350 00:09:44,286 --> 00:09:46,027 it being an infringement. 351 00:09:46,232 --> 00:09:47,614 And, that the purposes 352 00:09:47,614 --> 00:09:48,914 include, criticism 353 00:09:48,914 --> 00:09:50,264 or commentary, news, 354 00:09:50,264 --> 00:09:51,744 reporting, education, 355 00:09:51,754 --> 00:09:53,094 scholarship and research. 356 00:09:53,277 --> 00:09:54,137 since you know, the 357 00:09:54,137 --> 00:09:55,337 audience here, we're in 358 00:09:55,337 --> 00:09:56,727 the business of profiting 359 00:09:56,737 --> 00:09:58,147 from our expertise when 360 00:09:58,147 --> 00:09:59,687 we're using other people's 361 00:09:59,687 --> 00:10:00,697 intellectual property, 362 00:10:00,849 --> 00:10:02,154 we're typically using it. 363 00:10:02,336 --> 00:10:04,992 In the course of selling our 364 00:10:04,992 --> 00:10:07,312 services or selling, a product 365 00:10:07,312 --> 00:10:08,182 that we created with our 366 00:10:08,182 --> 00:10:10,006 expertise, we would not fall 367 00:10:10,036 --> 00:10:11,906 generally would not fall in 368 00:10:11,906 --> 00:10:14,322 the area of fair use unless, 369 00:10:14,529 --> 00:10:15,919 the amount we were using was, 370 00:10:16,136 --> 00:10:17,829 de minimis, yes, fair use 371 00:10:17,829 --> 00:10:20,519 exists, but it is a defense. 372 00:10:20,669 --> 00:10:22,359 It is not a right. 373 00:10:22,529 --> 00:10:23,579 It is a defense. 374 00:10:24,469 --> 00:10:26,359 To using somebody else's 375 00:10:26,419 --> 00:10:27,439 copyrighted material 376 00:10:27,439 --> 00:10:28,249 without their permission. 377 00:10:28,543 --> 00:10:30,916 So, the only way to arrive 378 00:10:30,936 --> 00:10:32,756 at a fair use determination 379 00:10:32,806 --> 00:10:34,806 is through a court of law 380 00:10:34,836 --> 00:10:36,066 saying, yeah, you're right. 381 00:10:36,066 --> 00:10:37,766 You used it, but we decided 382 00:10:37,766 --> 00:10:39,196 it wasn't so much that, 383 00:10:39,226 --> 00:10:40,476 it infringed their rights. 384 00:10:40,921 --> 00:10:43,471 And so that is fairly risky. 385 00:10:43,686 --> 00:10:44,979 I discourage people 386 00:10:44,979 --> 00:10:46,589 from relying on fair use 387 00:10:46,919 --> 00:10:48,566 other than instances of 388 00:10:48,596 --> 00:10:50,573 truly demented miss, use. 389 00:10:50,883 --> 00:10:52,433 And if you have questions 390 00:10:52,433 --> 00:10:53,493 about that, of course, 391 00:10:53,946 --> 00:10:55,876 I've written about it, or 392 00:10:55,896 --> 00:10:57,026 you can always talk to me. 393 00:10:57,353 --> 00:11:00,099 Number two, research before 394 00:11:00,159 --> 00:11:02,329 use, before using any 395 00:11:02,329 --> 00:11:03,759 content, whether it's text 396 00:11:03,759 --> 00:11:06,139 or images or music or video 397 00:11:06,386 --> 00:11:07,923 research, it's copyright 398 00:11:07,933 --> 00:11:09,983 status again, just because 399 00:11:09,983 --> 00:11:11,706 it's online, just because 400 00:11:11,706 --> 00:11:13,076 you can ask that access it 401 00:11:13,076 --> 00:11:15,296 for free doesn't mean that 402 00:11:15,296 --> 00:11:17,706 you can use it, use that 403 00:11:17,716 --> 00:11:19,358 bundle of rights of copying, 404 00:11:19,358 --> 00:11:22,143 making derivatives publicly 405 00:11:22,143 --> 00:11:23,436 displaying doesn't mean you 406 00:11:23,436 --> 00:11:24,696 can do those things just 407 00:11:24,696 --> 00:11:25,856 because it's on the internet. 408 00:11:26,063 --> 00:11:27,728 And once again, the lack of 409 00:11:27,728 --> 00:11:29,594 a copyright notice does not 410 00:11:29,594 --> 00:11:30,724 mean that something isn't 411 00:11:30,724 --> 00:11:31,914 protected by copyright. 412 00:11:32,224 --> 00:11:32,984 So when you're doing your 413 00:11:32,984 --> 00:11:35,041 research, use reputable 414 00:11:35,121 --> 00:11:37,398 sources in the US, you can 415 00:11:37,508 --> 00:11:39,208 search the US Copyright 416 00:11:39,208 --> 00:11:41,264 Office, just Google that they 417 00:11:41,264 --> 00:11:43,161 have an online catalog, where 418 00:11:43,161 --> 00:11:44,421 you can check the copyright 419 00:11:44,421 --> 00:11:46,341 status of a particular work, 420 00:11:46,504 --> 00:11:47,868 you can search it by title, 421 00:11:47,868 --> 00:11:48,863 certainly if it's a The 422 00:11:48,863 --> 00:11:50,563 name of a book or research 423 00:11:50,563 --> 00:11:53,393 paper, by the author or by 424 00:11:53,423 --> 00:11:55,923 a distributor or a website 425 00:11:55,923 --> 00:11:57,533 owner, I consider distributor 426 00:11:57,533 --> 00:11:59,003 publisher website owners 427 00:11:59,003 --> 00:12:00,043 are considered publishers. 428 00:12:00,266 --> 00:12:02,219 and just note that the person 429 00:12:02,219 --> 00:12:04,456 who wrote it, may not be 430 00:12:04,456 --> 00:12:06,486 the same person who owns it. 431 00:12:06,796 --> 00:12:08,208 So, for instance, if somebody 432 00:12:08,208 --> 00:12:09,288 created something in the 433 00:12:09,288 --> 00:12:10,568 course of their employment, 434 00:12:10,739 --> 00:12:12,404 their employer would own it, 435 00:12:12,414 --> 00:12:13,964 not the person who wrote it. 436 00:12:14,295 --> 00:12:15,115 might need to do a little 437 00:12:15,115 --> 00:12:17,145 bit of research to actually 438 00:12:17,165 --> 00:12:19,638 find out who the owner of 439 00:12:19,648 --> 00:12:21,548 the copyrights are versus 440 00:12:21,548 --> 00:12:23,622 who the writer of it was, or 441 00:12:23,622 --> 00:12:24,742 who the creator of it was. 442 00:12:24,752 --> 00:12:26,856 Uh, can also sometimes find. 443 00:12:27,036 --> 00:12:29,409 Licensing and use information 444 00:12:29,469 --> 00:12:31,179 right there with the content. 445 00:12:31,359 --> 00:12:33,556 if you find it on a website or 446 00:12:33,556 --> 00:12:35,346 some sort of online platform, 447 00:12:35,583 --> 00:12:36,909 almost every website and 448 00:12:36,909 --> 00:12:39,126 platform these days as a terms 449 00:12:39,226 --> 00:12:42,693 of use or usage, rights usage 450 00:12:42,693 --> 00:12:44,369 section that will describe 451 00:12:44,369 --> 00:12:46,309 how their content can be used. 452 00:12:46,941 --> 00:12:48,561 some websites, you certainly 453 00:12:48,561 --> 00:12:49,771 those that host creative 454 00:12:49,771 --> 00:12:51,178 content, we'll have 455 00:12:51,198 --> 00:12:52,398 copyright notices, like 456 00:12:52,398 --> 00:12:53,948 some that are aggregators, 457 00:12:54,281 --> 00:12:55,928 specialty, websites that 458 00:12:55,928 --> 00:12:57,004 are, lots of articles 459 00:12:57,004 --> 00:12:58,164 about healthcare issues. 460 00:12:58,164 --> 00:12:59,324 Lots of articles about, 461 00:12:59,511 --> 00:13:00,381 content marketing or 462 00:13:00,381 --> 00:13:01,801 something, and there'll be 463 00:13:01,801 --> 00:13:03,021 different authors and they 464 00:13:03,021 --> 00:13:04,581 might have the, copyright 465 00:13:04,581 --> 00:13:06,271 notices right there with each. 466 00:13:06,494 --> 00:13:08,158 piece of content and then 467 00:13:08,208 --> 00:13:09,868 some may also use creative 468 00:13:09,908 --> 00:13:11,978 commons licenses and we will 469 00:13:11,978 --> 00:13:14,031 talk about that in a minute. 470 00:13:14,321 --> 00:13:15,481 And then you can also 471 00:13:15,501 --> 00:13:17,031 use reverse image 472 00:13:17,081 --> 00:13:18,561 or content search. 473 00:13:18,808 --> 00:13:20,508 So, let's say it's an image. 474 00:13:20,508 --> 00:13:21,748 You're wondering who owns 475 00:13:21,748 --> 00:13:23,258 it Google has a reverse 476 00:13:23,288 --> 00:13:25,829 image function like 10. 477 00:13:25,869 --> 00:13:28,652 I as well that you can search. 478 00:13:28,826 --> 00:13:30,127 And they may be able 479 00:13:30,127 --> 00:13:31,617 to find the original 480 00:13:31,707 --> 00:13:32,947 source of the image. 481 00:13:33,071 --> 00:13:35,121 for text based content, you 482 00:13:35,121 --> 00:13:36,821 can copy the text and put 483 00:13:36,821 --> 00:13:38,361 it in Google, and it may be 484 00:13:38,361 --> 00:13:40,181 able to find the exact match 485 00:13:40,191 --> 00:13:41,721 for that content as well. 486 00:13:41,897 --> 00:13:43,374 And therefore, information 487 00:13:43,374 --> 00:13:45,294 about its copyright status. 488 00:13:45,707 --> 00:13:48,061 Number three, seek permission, 489 00:13:48,264 --> 00:13:50,137 which is also called a license 490 00:13:50,137 --> 00:13:51,527 permission to use intellectual 491 00:13:51,527 --> 00:13:53,547 property is a license. 492 00:13:54,027 --> 00:13:55,437 So if the content is 493 00:13:55,437 --> 00:13:57,051 copyrighted and you want 494 00:13:57,061 --> 00:13:58,684 to use it, reach out to 495 00:13:58,684 --> 00:14:00,651 the copyright holder for 496 00:14:00,671 --> 00:14:02,341 permission to get a license. 497 00:14:02,747 --> 00:14:04,572 So any license that you get. 498 00:14:04,691 --> 00:14:06,546 should be in writing, and 499 00:14:06,546 --> 00:14:08,466 it should clearly define how 500 00:14:08,466 --> 00:14:09,986 you can use the material. 501 00:14:10,147 --> 00:14:11,602 It will say what the scope 502 00:14:11,602 --> 00:14:13,709 of use is, the duration 503 00:14:13,789 --> 00:14:15,259 of the use, for how long 504 00:14:15,259 --> 00:14:16,962 the license, lasts, any 505 00:14:16,962 --> 00:14:19,239 compensation, paying a license 506 00:14:19,239 --> 00:14:21,366 fee, whether it's per use or 507 00:14:21,416 --> 00:14:24,329 per year, or per sale, and 508 00:14:24,339 --> 00:14:26,279 any attribution required. 509 00:14:26,527 --> 00:14:27,569 And then while verbal 510 00:14:27,569 --> 00:14:28,769 permission is valid, 511 00:14:28,779 --> 00:14:30,169 you can absolutely get 512 00:14:30,346 --> 00:14:32,756 a verbal oral license to 513 00:14:32,756 --> 00:14:34,516 use intellectual property. 514 00:14:34,876 --> 00:14:36,009 Now, the issue with that 515 00:14:36,019 --> 00:14:36,939 is what if there's a 516 00:14:36,939 --> 00:14:39,092 misunderstanding and therefore 517 00:14:39,322 --> 00:14:40,962 an unintentional breach. 518 00:14:41,129 --> 00:14:41,912 When you have something 519 00:14:41,912 --> 00:14:43,012 in writing, everybody's 520 00:14:43,012 --> 00:14:43,962 on the same page. 521 00:14:44,012 --> 00:14:45,462 We clearly understand 522 00:14:45,662 --> 00:14:47,219 what the Parameters of our 523 00:14:47,219 --> 00:14:49,659 license, are and therefore 524 00:14:49,659 --> 00:14:51,489 we do not unintentionally 525 00:14:51,499 --> 00:14:53,399 infringe that copyright. 526 00:14:53,619 --> 00:14:55,679 So if you cannot determine 527 00:14:55,679 --> 00:14:57,272 the copyright status, or 528 00:14:57,272 --> 00:14:58,602 if you have determined 529 00:14:58,602 --> 00:14:59,632 that it is copyrighted, 530 00:14:59,632 --> 00:15:00,472 but you can't figure out 531 00:15:00,472 --> 00:15:01,522 how to get permission. 532 00:15:01,707 --> 00:15:02,327 Don't use it. 533 00:15:02,327 --> 00:15:03,487 That's the safest thing 534 00:15:03,487 --> 00:15:04,837 is to not use the content 535 00:15:05,002 --> 00:15:06,961 because there are so many 536 00:15:06,961 --> 00:15:08,674 platforms and websites where 537 00:15:08,674 --> 00:15:12,207 you can find, content that 538 00:15:12,207 --> 00:15:14,384 is either, free to use, or 539 00:15:14,404 --> 00:15:16,774 it's really simple to clear 540 00:15:16,953 --> 00:15:18,224 and get a license for it. 541 00:15:18,447 --> 00:15:20,017 So that would be the fourth 542 00:15:20,087 --> 00:15:22,814 level using copyright free 543 00:15:22,990 --> 00:15:24,837 or licensed resources. 544 00:15:25,081 --> 00:15:25,804 we're here, we'll talk 545 00:15:25,814 --> 00:15:27,627 about public domain works 546 00:15:27,817 --> 00:15:29,591 and creative common works. 547 00:15:29,851 --> 00:15:31,121 So 1st, public domain. 548 00:15:31,354 --> 00:15:32,574 So materials are in 549 00:15:32,584 --> 00:15:33,994 the public domain. 550 00:15:34,197 --> 00:15:35,801 They aren't protected 551 00:15:35,861 --> 00:15:37,701 by copyright, and so 552 00:15:37,701 --> 00:15:39,331 they can be freely used. 553 00:15:39,701 --> 00:15:40,779 By anyone. 554 00:15:41,174 --> 00:15:42,102 When we say something's in 555 00:15:42,102 --> 00:15:43,422 the public domain, we mean 556 00:15:43,422 --> 00:15:44,622 that it is free for others 557 00:15:44,622 --> 00:15:46,446 to use without obtaining 558 00:15:46,446 --> 00:15:48,696 permission from the owner. 559 00:15:48,934 --> 00:15:50,652 And in other words, it is no 560 00:15:50,652 --> 00:15:52,992 longer protected by copyright. 561 00:15:53,307 --> 00:15:55,286 Some creators will explicitly 562 00:15:55,286 --> 00:15:56,426 release their work to the 563 00:15:56,431 --> 00:15:58,612 public domain, and so let's 564 00:15:58,612 --> 00:16:01,132 talk about ways to identify 565 00:16:01,297 --> 00:16:04,031 public domain materials first. 566 00:16:04,326 --> 00:16:05,997 All items produced by 567 00:16:05,997 --> 00:16:07,247 the federal government 568 00:16:07,287 --> 00:16:08,677 are in the public domain. 569 00:16:08,862 --> 00:16:10,727 Note, this is only the federal 570 00:16:10,727 --> 00:16:12,367 government that does not apply 571 00:16:12,367 --> 00:16:14,177 to state or local governments. 572 00:16:14,631 --> 00:16:15,721 Also, in the U. 573 00:16:15,721 --> 00:16:16,001 S. 574 00:16:16,356 --> 00:16:18,134 all materials published 575 00:16:18,154 --> 00:16:20,821 before 1928 are in the 576 00:16:20,821 --> 00:16:23,037 public domain as of the year. 577 00:16:23,037 --> 00:16:25,061 I'm recording this 2023 and 578 00:16:25,121 --> 00:16:27,794 each January 1, Everything 579 00:16:27,864 --> 00:16:31,431 released 95 years earlier 580 00:16:31,617 --> 00:16:32,794 and to the public domain. 581 00:16:32,834 --> 00:16:34,757 So every year on January 582 00:16:34,847 --> 00:16:37,017 1st, a new crop of materials 583 00:16:37,261 --> 00:16:38,584 enters the public domain. 584 00:16:38,624 --> 00:16:39,344 I'm sure you've heard 585 00:16:39,344 --> 00:16:40,464 a lot about, Disney 586 00:16:40,464 --> 00:16:41,657 materials that have 587 00:16:41,657 --> 00:16:42,927 entered the public domain. 588 00:16:43,134 --> 00:16:45,301 because, Disney goes back to 589 00:16:45,331 --> 00:16:47,574 the 1920s sometime, however, 590 00:16:47,604 --> 00:16:49,394 Disney does have trademarks 591 00:16:49,424 --> 00:16:50,774 on, their characters. 592 00:16:50,794 --> 00:16:51,414 So it doesn't mean 593 00:16:51,424 --> 00:16:52,054 you can use them. 594 00:16:52,284 --> 00:16:53,924 but, the copyrighted materials 595 00:16:53,974 --> 00:16:56,297 do enter the public domain. 596 00:16:56,604 --> 00:16:57,454 if you. 597 00:16:57,669 --> 00:16:59,742 Want to use a copy of an 598 00:16:59,742 --> 00:17:01,282 entire book, you want to 599 00:17:01,282 --> 00:17:02,642 just take the whole thing 600 00:17:02,652 --> 00:17:03,902 was published in 1921. 601 00:17:03,902 --> 00:17:05,522 You can just take it. 602 00:17:05,562 --> 00:17:06,712 It is in public domain. 603 00:17:06,712 --> 00:17:07,382 You can use it. 604 00:17:07,569 --> 00:17:07,722 Now. 605 00:17:07,722 --> 00:17:09,412 That doesn't mean you can 606 00:17:09,652 --> 00:17:11,709 say it's yours and put 607 00:17:11,709 --> 00:17:12,779 your name on it and put 608 00:17:12,779 --> 00:17:14,329 your copyright notice on 609 00:17:14,329 --> 00:17:15,149 there saying it's yours 610 00:17:15,149 --> 00:17:16,179 and register for copyright. 611 00:17:16,189 --> 00:17:16,669 You can't. 612 00:17:16,852 --> 00:17:17,596 It's still. 613 00:17:17,792 --> 00:17:19,284 Owned by the original 614 00:17:19,284 --> 00:17:20,794 copyright owner. 615 00:17:20,976 --> 00:17:22,404 It just means that you 616 00:17:22,404 --> 00:17:23,564 don't need their permission 617 00:17:23,564 --> 00:17:25,117 to use it that way. 618 00:17:25,389 --> 00:17:28,187 And 1, easy way to find out 619 00:17:28,217 --> 00:17:29,367 if something is in the public 620 00:17:29,367 --> 00:17:30,977 domain, especially for books. 621 00:17:31,357 --> 00:17:32,721 Is to check there's a 622 00:17:32,741 --> 00:17:34,991 database called HathiTrust. 623 00:17:35,011 --> 00:17:38,521 That's H A T H I T R U S T. 624 00:17:39,051 --> 00:17:39,491 HathiTrust. 625 00:17:39,811 --> 00:17:41,511 And it is a non profit that 626 00:17:41,511 --> 00:17:42,551 researches the copyright 627 00:17:42,561 --> 00:17:44,874 status of, a lot of works. 628 00:17:45,162 --> 00:17:46,357 And they use an expert 629 00:17:46,367 --> 00:17:47,837 to find out whether or 630 00:17:47,837 --> 00:17:48,927 not it is in the public 631 00:17:48,927 --> 00:17:50,566 domain, either in the U. 632 00:17:50,576 --> 00:17:50,636 S. 633 00:17:50,676 --> 00:17:51,816 and around the world. 634 00:17:52,094 --> 00:17:53,642 And if the entire. 635 00:17:53,794 --> 00:17:55,656 Item is publicly accessible 636 00:17:55,881 --> 00:17:57,339 on their database, then 637 00:17:57,339 --> 00:17:58,779 it is free to download 638 00:17:58,789 --> 00:18:00,779 and print and use it is 639 00:18:00,993 --> 00:18:01,846 in the public domain. 640 00:18:02,158 --> 00:18:03,138 So that's just 1. 641 00:18:03,138 --> 00:18:04,578 I imagine there are others. 642 00:18:04,578 --> 00:18:05,418 I just came across 643 00:18:05,428 --> 00:18:06,288 this while researching 644 00:18:06,288 --> 00:18:07,845 this topic of sources 645 00:18:07,985 --> 00:18:09,155 public domain materials. 646 00:18:09,185 --> 00:18:10,125 There are definitely others. 647 00:18:10,125 --> 00:18:11,705 I know there is an 648 00:18:11,858 --> 00:18:13,368 audio book site. 649 00:18:13,511 --> 00:18:14,551 But I can't remember the 650 00:18:14,551 --> 00:18:16,981 name of Libra, something 651 00:18:17,031 --> 00:18:19,764 like free library, that 652 00:18:19,764 --> 00:18:22,271 has, free recordings of 653 00:18:22,281 --> 00:18:23,851 books in the public domain. 654 00:18:24,064 --> 00:18:27,171 and during the period that a 655 00:18:27,201 --> 00:18:29,591 copyright notice was required, 656 00:18:29,762 --> 00:18:31,851 and I believe that would 657 00:18:31,861 --> 00:18:33,481 be, those things published 658 00:18:33,481 --> 00:18:36,334 before 1976, no copyright 659 00:18:36,334 --> 00:18:38,461 notice, then those did fall 660 00:18:38,521 --> 00:18:39,661 into the public domain. 661 00:18:39,950 --> 00:18:41,540 but any case, we do want to 662 00:18:41,590 --> 00:18:42,390 make sure we're doing our 663 00:18:42,390 --> 00:18:43,660 research before we assume 664 00:18:43,670 --> 00:18:44,670 anything is in the public. 665 00:18:45,518 --> 00:18:45,897 Next. 666 00:18:46,152 --> 00:18:47,220 Creative Commons. 667 00:18:47,623 --> 00:18:49,443 So some authors will choose 668 00:18:49,443 --> 00:18:51,147 to license their work under 669 00:18:51,257 --> 00:18:53,487 Creative Commons licenses. 670 00:18:53,715 --> 00:18:55,793 These provide a standardized 671 00:18:55,793 --> 00:18:57,810 way for creators to grant the 672 00:18:57,810 --> 00:19:00,000 public permission to share 673 00:19:00,040 --> 00:19:02,080 and use their work on the 674 00:19:02,080 --> 00:19:04,050 conditions that they choose. 675 00:19:04,335 --> 00:19:05,753 And so you will see these 676 00:19:05,813 --> 00:19:08,577 are letters, That usually 677 00:19:08,587 --> 00:19:09,227 have a little bit of 678 00:19:09,227 --> 00:19:10,597 graphic that goes with it. 679 00:19:10,597 --> 00:19:11,377 I have written 680 00:19:11,387 --> 00:19:12,567 about this as well. 681 00:19:12,567 --> 00:19:14,047 And you can see some examples 682 00:19:14,245 --> 00:19:16,022 of a creative common licenses 683 00:19:16,182 --> 00:19:17,658 look like, among my blog 684 00:19:17,658 --> 00:19:20,268 posts, there are 6 main types 685 00:19:20,348 --> 00:19:22,108 of creative common licenses. 686 00:19:22,413 --> 00:19:23,268 And basically, when 687 00:19:23,268 --> 00:19:23,748 when it says that 688 00:19:23,748 --> 00:19:24,718 they're standardized, 689 00:19:25,002 --> 00:19:26,282 Something is copyrighted. 690 00:19:26,292 --> 00:19:27,552 You want to use it. 691 00:19:27,712 --> 00:19:29,172 if it's not under creative 692 00:19:29,172 --> 00:19:29,952 common license, you got 693 00:19:29,952 --> 00:19:32,172 to go find the copyright 694 00:19:32,172 --> 00:19:34,792 owner and ask for a license, 695 00:19:34,792 --> 00:19:35,992 negotiate the license. 696 00:19:35,992 --> 00:19:36,792 Hopefully you're getting it in 697 00:19:36,792 --> 00:19:37,992 writing and having it signed 698 00:19:38,232 --> 00:19:39,042 when it's something that's 699 00:19:39,042 --> 00:19:40,392 a creative common license, 700 00:19:40,422 --> 00:19:42,692 then you can just rely on 701 00:19:42,865 --> 00:19:44,732 that creative common license 702 00:19:44,732 --> 00:19:46,402 that is literally attached 703 00:19:46,402 --> 00:19:47,502 right there on the work. 704 00:19:47,675 --> 00:19:48,335 And you don't have to 705 00:19:48,335 --> 00:19:49,495 do anything more other 706 00:19:49,495 --> 00:19:51,718 than comply with the. 707 00:19:51,718 --> 00:19:51,858 Thank you. 708 00:19:51,858 --> 00:19:54,153 Conditions that go with 709 00:19:54,173 --> 00:19:55,177 the specific creative 710 00:19:55,177 --> 00:19:56,577 commons license that 711 00:19:56,740 --> 00:19:58,197 is part of that work. 712 00:19:58,550 --> 00:20:00,460 So the six main types, there 713 00:20:00,470 --> 00:20:02,480 is the creative commons 714 00:20:02,480 --> 00:20:04,753 license by attribution. 715 00:20:04,993 --> 00:20:06,333 So this allows you to 716 00:20:06,403 --> 00:20:07,513 do all the things to 717 00:20:07,513 --> 00:20:09,690 distribute it, to adapt 718 00:20:09,690 --> 00:20:11,313 it, to create new works. 719 00:20:11,652 --> 00:20:13,428 Even to use it commercially, 720 00:20:13,602 --> 00:20:14,875 but the condition is that you 721 00:20:14,875 --> 00:20:16,825 provide appropriate credit 722 00:20:17,012 --> 00:20:18,865 and a link to the license 723 00:20:19,145 --> 00:20:20,755 and then to indicate if any 724 00:20:20,775 --> 00:20:22,678 changes were made and what 725 00:20:22,678 --> 00:20:24,568 you can do in a reasonable 726 00:20:24,568 --> 00:20:26,648 manner, but you cannot suggest 727 00:20:26,728 --> 00:20:28,038 that the license or endorses 728 00:20:29,155 --> 00:20:30,298 you or what you've done. 729 00:20:30,658 --> 00:20:32,305 So that's creative commons 730 00:20:32,325 --> 00:20:33,645 license by attribution. 731 00:20:33,883 --> 00:20:35,198 Now there's creative commons 732 00:20:35,198 --> 00:20:37,268 license by attribution. 733 00:20:37,680 --> 00:20:40,033 Share alike, so similar 734 00:20:40,033 --> 00:20:41,463 to attribution, you can 735 00:20:41,463 --> 00:20:43,283 distribute it, adapt it, build 736 00:20:43,283 --> 00:20:44,893 upon it, use commercially, 737 00:20:45,050 --> 00:20:46,273 provided that you give 738 00:20:46,353 --> 00:20:48,493 an appropriate credit and 739 00:20:48,503 --> 00:20:50,603 you must license any new 740 00:20:50,643 --> 00:20:52,523 creations based upon the 741 00:20:52,523 --> 00:20:53,723 work under the same terms. 742 00:20:54,093 --> 00:20:57,253 So, if you do build upon 743 00:20:57,323 --> 00:20:59,030 their work, let's say you 744 00:20:59,030 --> 00:21:00,997 use it and you use it. 745 00:21:01,157 --> 00:21:03,718 In your course, then you 746 00:21:03,718 --> 00:21:06,052 can only, distribute your 747 00:21:06,092 --> 00:21:07,932 course using a creative 748 00:21:08,082 --> 00:21:09,528 common attribution 749 00:21:09,538 --> 00:21:10,728 share like license. 750 00:21:10,738 --> 00:21:11,338 So that would be 751 00:21:11,338 --> 00:21:12,038 the limitation. 752 00:21:12,038 --> 00:21:13,412 They're creative common 753 00:21:13,412 --> 00:21:15,112 license by attribution. 754 00:21:15,162 --> 00:21:16,112 No derivatives. 755 00:21:16,445 --> 00:21:17,212 So you can use the 756 00:21:17,212 --> 00:21:18,352 work for any purpose 757 00:21:18,422 --> 00:21:20,015 including commercially. 758 00:21:20,308 --> 00:21:22,125 however, you cannot share, 759 00:21:22,312 --> 00:21:23,772 adapted material can't 760 00:21:23,772 --> 00:21:25,072 create derivatives from it. 761 00:21:25,452 --> 00:21:26,292 So here you need to 762 00:21:26,302 --> 00:21:27,492 give appropriate credit 763 00:21:27,688 --> 00:21:29,288 and you cannot modify 764 00:21:29,318 --> 00:21:30,538 the work in any way. 765 00:21:30,848 --> 00:21:32,685 Creative Commons licensed by 766 00:21:33,025 --> 00:21:34,795 attribution non commercial. 767 00:21:34,945 --> 00:21:35,755 You can distribute 768 00:21:35,805 --> 00:21:37,255 adapt, build upon it. 769 00:21:37,442 --> 00:21:38,502 You must give appropriate 770 00:21:38,502 --> 00:21:40,478 credit, but you cannot use 771 00:21:40,478 --> 00:21:42,108 it for commercial purposes. 772 00:21:42,477 --> 00:21:43,468 and that would include, 773 00:21:43,518 --> 00:21:44,418 marketing, if you're 774 00:21:44,418 --> 00:21:45,668 using your marketing for 775 00:21:45,788 --> 00:21:48,045 selling a for profit, item. 776 00:21:48,105 --> 00:21:49,735 So you could use it for, just 777 00:21:49,735 --> 00:21:51,355 purely educational purposes. 778 00:21:51,682 --> 00:21:52,472 but not for 779 00:21:52,482 --> 00:21:53,302 commercial purposes. 780 00:21:53,588 --> 00:21:54,965 creative commons license, 781 00:21:55,242 --> 00:21:57,012 non commercial share alike. 782 00:21:57,175 --> 00:21:59,395 and so, you can, distribute 783 00:21:59,455 --> 00:22:00,775 adapt, build upon it. 784 00:22:00,925 --> 00:22:02,088 You have to give credit, you 785 00:22:02,258 --> 00:22:03,228 can't use it for commercial 786 00:22:03,228 --> 00:22:04,975 purposes, and you have to 787 00:22:04,975 --> 00:22:06,365 license your new creation 788 00:22:06,365 --> 00:22:08,535 based on the same terms. 789 00:22:08,712 --> 00:22:10,355 And then you have creative 790 00:22:10,483 --> 00:22:12,305 commons license by 791 00:22:12,385 --> 00:22:13,945 attribution, non commercial, 792 00:22:13,955 --> 00:22:15,792 no derivatives, you can't 793 00:22:15,792 --> 00:22:17,318 create derivatives, but 794 00:22:17,318 --> 00:22:18,398 you can download it and 795 00:22:18,398 --> 00:22:20,398 share it as long as you 796 00:22:20,528 --> 00:22:21,878 credit the original creator 797 00:22:22,032 --> 00:22:23,163 and you can't use it. 798 00:22:23,258 --> 00:22:24,433 Commercially in any way, 799 00:22:24,755 --> 00:22:25,517 and then there's a thing 800 00:22:25,517 --> 00:22:26,907 called creative common zero. 801 00:22:27,183 --> 00:22:28,103 So, in that case, the 802 00:22:28,103 --> 00:22:29,723 creator has waived all 803 00:22:29,723 --> 00:22:30,563 of their copyright and 804 00:22:30,563 --> 00:22:31,592 related and the work. 805 00:22:31,726 --> 00:22:32,485 They're just throwing 806 00:22:32,485 --> 00:22:33,775 it out into the universe 807 00:22:33,785 --> 00:22:35,378 to use it as you will. 808 00:22:35,476 --> 00:22:36,662 It's in the public domain. 809 00:22:36,672 --> 00:22:38,418 You can use it by anyone 810 00:22:38,418 --> 00:22:40,158 for any purpose without. 811 00:22:40,293 --> 00:22:40,933 Conditions. 812 00:22:41,296 --> 00:22:41,573 All right. 813 00:22:41,766 --> 00:22:43,127 In addition to public domain 814 00:22:43,147 --> 00:22:44,573 and creative commons, there 815 00:22:44,603 --> 00:22:46,453 are a number of platforms 816 00:22:46,463 --> 00:22:48,283 like shutterstock, getting 817 00:22:48,293 --> 00:22:49,593 images where you can get 818 00:22:49,593 --> 00:22:51,497 content that they have, 819 00:22:51,547 --> 00:22:53,157 very simple to license. 820 00:22:53,167 --> 00:22:54,497 They have a whole menu 821 00:22:54,680 --> 00:22:55,703 of ways that you can 822 00:22:55,703 --> 00:22:56,813 license something. 823 00:22:56,967 --> 00:22:58,047 You can license it on 824 00:22:58,047 --> 00:22:59,367 a royalty free basis. 825 00:22:59,397 --> 00:23:00,097 Maybe you pay. 826 00:23:00,242 --> 00:23:02,628 a 1 time fee, and then, 827 00:23:02,628 --> 00:23:03,458 you know, pay anything 828 00:23:03,468 --> 00:23:05,278 else based on the use. 829 00:23:05,628 --> 00:23:06,715 and there are a number 830 00:23:06,775 --> 00:23:08,185 of, ways that you can 831 00:23:08,185 --> 00:23:10,308 license images that way. 832 00:23:10,585 --> 00:23:12,225 I do know that there are 833 00:23:12,275 --> 00:23:14,935 periodicals that are similar, 834 00:23:15,008 --> 00:23:16,532 where they have, articles 835 00:23:16,858 --> 00:23:18,165 that you can license. 836 00:23:18,165 --> 00:23:18,735 They have a whole 837 00:23:18,735 --> 00:23:19,935 licensing process. 838 00:23:20,155 --> 00:23:20,925 So it's not something 839 00:23:20,925 --> 00:23:21,355 you have to. 840 00:23:21,572 --> 00:23:23,318 Kind of negotiate on a, 841 00:23:23,392 --> 00:23:24,565 1 on 1 basis, they have 842 00:23:24,565 --> 00:23:27,102 a process for licensing 843 00:23:27,268 --> 00:23:29,472 and using their articles. 844 00:23:29,802 --> 00:23:30,905 and so that makes it 845 00:23:30,905 --> 00:23:32,015 very simple as well. 846 00:23:32,362 --> 00:23:33,662 Make sure that you're going 847 00:23:33,662 --> 00:23:35,272 to reliable sources though. 848 00:23:35,492 --> 00:23:36,672 So, if you're on a 849 00:23:36,672 --> 00:23:38,262 website that says it's 850 00:23:38,272 --> 00:23:39,672 free and that there's no. 851 00:23:40,008 --> 00:23:41,638 Licensing terms on there, 852 00:23:41,815 --> 00:23:43,222 and by the way, that would 853 00:23:43,222 --> 00:23:45,928 include generative a I, a lot 854 00:23:45,938 --> 00:23:47,278 of times, then you need to 855 00:23:47,278 --> 00:23:48,778 be really careful because you 856 00:23:48,778 --> 00:23:49,918 really don't know whether or 857 00:23:49,918 --> 00:23:50,988 not you're getting the rights 858 00:23:50,988 --> 00:23:53,302 to use the material in the way 859 00:23:53,302 --> 00:23:55,522 that you intend to, and make 860 00:23:55,522 --> 00:23:56,842 sure you always understand 861 00:23:56,852 --> 00:23:58,282 the limits of a license. 862 00:23:58,640 --> 00:24:00,060 again, those licenses 863 00:24:00,110 --> 00:24:02,150 will have a duration, they 864 00:24:02,150 --> 00:24:03,617 may have the, commercial 865 00:24:03,617 --> 00:24:04,837 versus non commercial use. 866 00:24:04,877 --> 00:24:05,407 They may have 867 00:24:05,417 --> 00:24:07,037 geographic restrictions. 868 00:24:07,373 --> 00:24:08,003 so make sure you 869 00:24:08,033 --> 00:24:08,893 understand that. 870 00:24:08,923 --> 00:24:09,523 So you don't. 871 00:24:09,727 --> 00:24:12,023 infringe the license well, I 872 00:24:12,023 --> 00:24:13,263 should put it this way when 873 00:24:13,263 --> 00:24:15,493 you are using that licensed 874 00:24:15,493 --> 00:24:18,453 material in a way that is not. 875 00:24:18,637 --> 00:24:19,940 Authorized in the 876 00:24:19,940 --> 00:24:21,470 license, that is a 877 00:24:21,490 --> 00:24:22,300 copyright infringement. 878 00:24:22,820 --> 00:24:23,880 So we need to stay within 879 00:24:23,880 --> 00:24:25,360 the bounds of the license in 880 00:24:25,380 --> 00:24:27,370 order to not be an infringer. 881 00:24:27,757 --> 00:24:28,727 and of course, give 882 00:24:28,727 --> 00:24:29,687 appropriate credit, 883 00:24:29,787 --> 00:24:30,847 when required. 884 00:24:31,253 --> 00:24:31,520 All right. 885 00:24:31,570 --> 00:24:33,230 So the last strategy. 886 00:24:33,398 --> 00:24:34,918 Keep records and 887 00:24:34,918 --> 00:24:36,578 stay up to date. 888 00:24:36,765 --> 00:24:38,145 It's important to maintain 889 00:24:38,155 --> 00:24:39,295 a record of all the 890 00:24:39,295 --> 00:24:40,725 permissions, licenses, 891 00:24:40,973 --> 00:24:41,978 correspondence, because you 892 00:24:41,978 --> 00:24:43,535 may not have something signed. 893 00:24:43,535 --> 00:24:44,365 You may have just done 894 00:24:44,375 --> 00:24:46,142 something by email about the 895 00:24:46,152 --> 00:24:48,072 content you use anytime you 896 00:24:48,072 --> 00:24:50,288 are incorporating materials. 897 00:24:50,448 --> 00:24:51,958 in the work that you're 898 00:24:51,958 --> 00:24:53,428 delivering to your clients, 899 00:24:53,638 --> 00:24:56,318 or that you're creating to 900 00:24:56,438 --> 00:24:58,588 several or 1 to many products 901 00:24:58,588 --> 00:25:00,615 or services from and it's not 902 00:25:00,615 --> 00:25:01,635 something that you created. 903 00:25:01,715 --> 00:25:02,795 It's not your original work. 904 00:25:02,989 --> 00:25:04,055 You want to make sure you 905 00:25:04,075 --> 00:25:05,445 are maintaining a record 906 00:25:05,445 --> 00:25:06,725 of all those permissions. 907 00:25:07,092 --> 00:25:08,842 licenses, correspondence, 908 00:25:09,175 --> 00:25:11,509 so that you understand the 909 00:25:11,509 --> 00:25:13,179 parameters of your permission. 910 00:25:13,507 --> 00:25:14,896 You need to keep track of 911 00:25:14,916 --> 00:25:16,476 expiration dates or any 912 00:25:16,516 --> 00:25:18,162 other conditions to make 913 00:25:18,162 --> 00:25:19,492 sure you stay in compliance 914 00:25:19,693 --> 00:25:20,839 with those licenses. 915 00:25:21,069 --> 00:25:22,777 establish a system for 916 00:25:22,817 --> 00:25:24,097 archiving them and making 917 00:25:24,097 --> 00:25:26,323 sure that you have evidence 918 00:25:26,727 --> 00:25:28,460 in the event that there is 919 00:25:28,460 --> 00:25:29,430 a, you know, someone says, 920 00:25:29,450 --> 00:25:30,854 Hey, you I see that you're 921 00:25:30,864 --> 00:25:32,417 doing this, did you get the 922 00:25:32,417 --> 00:25:33,924 license to this, make sure 923 00:25:33,924 --> 00:25:35,394 you have evidence of that. 924 00:25:35,394 --> 00:25:36,344 so you can defend 925 00:25:36,344 --> 00:25:37,224 yourself as well. 926 00:25:37,537 --> 00:25:39,404 keep records and then 927 00:25:39,484 --> 00:25:41,884 periodically, get a refresher 928 00:25:41,894 --> 00:25:43,144 regarding copyright law. 929 00:25:43,144 --> 00:25:44,065 You No one's trying to make 930 00:25:44,065 --> 00:25:45,625 you a lawyer, but you do need 931 00:25:45,625 --> 00:25:47,515 to kind of have an overall 932 00:25:47,525 --> 00:25:49,255 awareness of copyright laws 933 00:25:49,285 --> 00:25:50,295 just the same way that you 934 00:25:50,295 --> 00:25:51,645 have an overall awareness 935 00:25:51,924 --> 00:25:53,585 about, financial statements 936 00:25:53,585 --> 00:25:54,475 and things like that. 937 00:25:54,689 --> 00:25:55,869 we just need to be. 938 00:25:55,979 --> 00:25:57,869 Mindful so that we don't 939 00:25:57,919 --> 00:26:00,099 accidentally trip up, and this 940 00:26:00,099 --> 00:26:01,409 will be especially important 941 00:26:01,429 --> 00:26:03,749 as the law continues to evolve 942 00:26:03,955 --> 00:26:06,549 and the boundaries tested with 943 00:26:06,549 --> 00:26:09,412 respect to generative a I and 944 00:26:09,412 --> 00:26:10,932 then if you aren't in the U. 945 00:26:10,932 --> 00:26:11,242 S. 946 00:26:11,664 --> 00:26:13,070 be aware of regional 947 00:26:13,080 --> 00:26:13,630 differences. 948 00:26:13,630 --> 00:26:15,130 I only ever talk about U. 949 00:26:15,130 --> 00:26:15,370 S. 950 00:26:15,370 --> 00:26:15,830 laws. 951 00:26:16,117 --> 00:26:17,517 and there are different 952 00:26:17,517 --> 00:26:18,890 laws in different 953 00:26:18,890 --> 00:26:19,704 parts of the world. 954 00:26:19,885 --> 00:26:21,357 And so if you're not in the U. 955 00:26:21,357 --> 00:26:21,537 S. 956 00:26:21,695 --> 00:26:23,434 make sure you are aware 957 00:26:23,484 --> 00:26:24,824 of those differences. 958 00:26:25,235 --> 00:26:26,792 Last but not least, when in 959 00:26:26,792 --> 00:26:28,882 doubt, seek legal counsel. 960 00:26:28,999 --> 00:26:30,789 Anytime you're unsure about 961 00:26:30,789 --> 00:26:32,259 the copyright status of a 962 00:26:32,259 --> 00:26:34,255 particular work or whether 963 00:26:34,255 --> 00:26:35,765 or not you can use it, how 964 00:26:35,765 --> 00:26:38,025 to use it properly, a license 965 00:26:38,025 --> 00:26:39,155 that you received, maybe 966 00:26:39,155 --> 00:26:40,055 you don't even understand 967 00:26:40,055 --> 00:26:41,645 the license, if it was some 968 00:26:41,655 --> 00:26:43,249 sort of, online license and 969 00:26:43,249 --> 00:26:44,519 you're not completely sure, 970 00:26:44,759 --> 00:26:45,955 consult with a copyright 971 00:26:45,955 --> 00:26:47,960 attorney, including Yours 972 00:26:48,000 --> 00:26:50,587 truly, so if you follow 973 00:26:50,637 --> 00:26:52,200 these steps, maintain a 974 00:26:52,200 --> 00:26:54,010 proactive attitude toward 975 00:26:54,050 --> 00:26:55,954 copyrights, you can minimize 976 00:26:55,954 --> 00:26:57,434 the risk of unintentional 977 00:26:57,434 --> 00:26:59,537 infringement and avoid any 978 00:26:59,567 --> 00:27:02,644 potential legal or ethical 979 00:27:02,777 --> 00:27:04,877 complications or reputational. 980 00:27:05,134 --> 00:27:06,592 Complications, so 981 00:27:06,622 --> 00:27:07,802 that's it for this week. 982 00:27:07,912 --> 00:27:09,692 Join me again next week, 983 00:27:09,884 --> 00:27:12,129 where I will talk about how 984 00:27:12,169 --> 00:27:14,489 to protect your material 985 00:27:14,559 --> 00:27:17,279 from being the victim of 986 00:27:17,279 --> 00:27:19,429 copyright infringement as 987 00:27:19,499 --> 00:27:22,029 always find me at Aaron. 988 00:27:22,039 --> 00:27:23,269 I think beyond IP with 989 00:27:23,329 --> 00:27:24,399 any of your questions. 990 00:27:24,754 --> 00:27:26,745 And if there's any time that 991 00:27:26,745 --> 00:27:27,879 there's something you have 992 00:27:27,879 --> 00:27:28,519 questions about something 993 00:27:28,519 --> 00:27:29,805 that I've covered, do not 994 00:27:29,805 --> 00:27:31,595 hesitate to let me know. 995 00:27:31,615 --> 00:27:34,002 I'm always happy to follow up. 996 00:27:34,164 --> 00:27:34,779 Thanks guys.