Understanding Creative Commons licensing

Whether you are publishing open access articles, working on open textbooks, or simply securing images for use in your manuscripts, chances are you will encounter the Creative Commons licensing model at some point.

Creative Commons (CC) licensing is a set of copyright options that allow for the retention of rights without maintaining the “all rights reserved” approach to traditional copyright protections. There are six forms of CC licenses, each with varying restrictions, and all requiring attribution to the original creator: CC BY, CC BY-SA, CC BY-ND, CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND.

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How to avoid the need to secure permission

Maybe it was something you saw in a magazine or at a bookstore. Maybe it was something you saw online. Maybe it was something that caught your eye in a grant application or proposal…a good idea in poorly skilled hands seemingly not up to the task. In any event, wherever you first saw it, it inspired you to develop and publish your own article or book on the subject.

Anyone who has worked in an intellectual or creative endeavor knows that many new works build to one degree or another on the earlier work of others. But getting a head start by leveraging the intellectual work product of another is potentially problematic. When does inspiration cross over into infringement or a breach of scholarly integrity? The lawyer’s answer is: it depends.

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4 Factors to determine fair use of a copyrighted work

In his webinar, “Fair Use or Infringement in 2018, and Other Current Copyright Issues”, Ken Norwick, author of The Legal Guide for Writers, Artists, and Other Creative People reminded participants that the purpose of copyright is “to give creators an incentive to create”.

The U.S. Constitution states that the purpose of copyright is “to promote the progress of science and useful arts”, said Norwick. However, in order to progress, he said, there must be a level of fair use of the creations that came before. Four factors exist in determining whether a use is qualified as fair use and thus not an infringement on copyright, said Norwick.

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Copyright Office introduces online group registration of photographs

The U.S. Copyright Office announced that it will begin accepting applications for group registration of photographs through the Office’s online registration system starting February 20, 2018. In most cases, applicants will generally be required to file such applications online, and may include up to 750 photographs in each claim. The Office has also made other changes to streamline the practices relating to group registration of photographs, described in a final rule published in the Federal Register today. The Office believes that these changes will make it significantly easier for photographers to register their works with the Copyright Office. The Office will be releasing the application on its online registration system (eCO) prior to the effective date to provide users with time to familiarize themselves with the new form.

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Education publishers make good on promise to fight counterfeit textbooks

On August 17, 2017, four higher education publishers, Cengage, Elsevier, McGraw-Hill Education and Pearson Education, initiated five lawsuits against 40 alleged sellers of counterfeit textbooks, including two identified sellers: Yaroslav Stolyarchuk and Zichao Wang.

The case against Stolyarchuk was filed in the United States District Court for the Eastern District of California alleging the sale of counterfeit textbooks through seven identified online storefronts, including the defendant-operated website, www.booksliquidation.com.

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TAA signs on to Copyright Alliance letter seeking changes to copyright provisions of NAFTA agreement

The Textbook & Academic Authors Association (TAA) was one of 19 groups to sign on to a letter from the Copyright Alliance to US Trade Representative Robert Lighthizer asking him to “modernize the copyright provisions of the NAFTA agreement for the digital age and to establish a template for future agreements.” Meetings to renegotiate the NAFTA agreement began August 16, 2017.

“The internet’s global reach has made copyright protections and enforcement increasingly important to free trade agreements,” states the letter.

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