Creativity, Copyright, and Fair Use - YouTube

When we go on the internet, it's common to scroll through other people's images, videos,

writing, and artwork.

We might even want to use them for projects in school, or at home.

And we might think,

"I found it online, so it's mine!"

But that's not the case!

We can't treat things we find online like a free-for-all.

The good news is that there are legitimate ways to use material we find online.

But first we need to be aware of three concepts:

copyright, public domain, and fair use.

Why is all of this so important?

For one, there are legal reasons for protecting everyone's creative work.

And there are also ethical reasons to give credit to the people who create the things

we see and find online.

Let's start with the legal reasons why we should think twice before copying and using

someone's work.

The first is copyright.

Copyright is a legal protection that creators have over the things they create.

Copyright requires people to get permission before they copy, paste, alter, or share what

someone else has made.

Most things that we find, download, and copy and paste from the internet are copyrighted.

This means that the people who created them own the content

and have a say in how they're used.

But, that doesn't mean that everything on the internet can't be used.

Some creators indicate that their content is OK to be used by others.

And other content might fall under what's called "public domain."

Let's look at what "public domain" means.

When we search for content that's in the public domain, it means these creative works are

not copyrighted and are free to use without permission, by anyone, however they want.

According to U.S. law, some content becomes available as public domain after a certain

number of years have passed since its creation.

There are also specific images and documents published by the government that are considered

public domain.

So, when in doubt, search "public domain"

to find a ton of things that are totally free to use.

Now, if we want to use a photo, a video, music, or other content that's copyrighted,

there are still a few things we can do.

We can simply reach out and ask the creator for permission.

Many creators are happy to give permission to reproduce their work,

as long as they're given credit!

The third concept to take advantage of is called "fair use."

Fair use allows us to use copyrighted work without permission, but only in certain ways

and in specific situations.

These conditions involve four areas to consider:

amount, purpose, nature, and effect.

First … we can only use a small amount of the original work.

This means someone can't copy that whole copyrighted song in their dance video,

but they can use a short clip of it.

Second, there has to be a new purpose in the project, meaning that we transform

the original work into something new and different!

Next, it's easier to claim fair use if the nature of the original work is nonfiction

or based in fact, rather than creative or fictional.

And finally … we need to ask ourselves whether the effect of the new work negatively affects

the creator or the value of the original content.

For instance, are we charging for, or making money off, someone else's work?

Claiming fair use is determined on a case by-base-basis.

But it's more likely acceptable if it's

1) for schoolwork and education,

2) for criticizing or commenting on something

3) for news reporting, or 4) for comedy or as a parody of something.

We can think of fair use kind of like a square.

And ask ourselves … is it fair and square?

So that's the legal stuff.

But let's not forget the ethical considerations when using content found online.

Think about it: If you created something original and put it online, wouldn't you want others

to give you credit for your work?

What if they changed it, or made money off it,

and no one knew you were the original creator?

That's just not right.

So remember, when we go online in search of things to use,

keep these three concepts in mind:

copyright, public domain, and fair use.

We're all creative thinkers and creators!

And it's always important to give credit where credit is due.