Copyright Terminology
- Copyright
- Simple definition: A legal right that gives the creator control over how their work is used (copied, shared, adapted, sold) for a limited time.
- Why it matters for your project: Most things online are automatically protected by copyright, even if there’s no symbol. You usually need permission or a clear exception (like fair use) to reuse or remix.
- Copyright Holder
- Simple definition: The person or organization that owns the copyright in a work. It might be the original creator, a company, or a publisher.
- Why it matters for your project: You need to respect whatever terms the copyright holder sets (or rely on exceptions like fair use).
- Copyleft
- Simple definition: A type of open license that lets people reuse and remix a work, but requires that new versions be shared under the same license.
- Why it matters for your project: If you use a copyleft (e.g., CC BY‑SA) work in your remix, your project may also need to be shared under that same open license.
- Creative Commons (CC)
- Simple definition: A set of standard licenses creators can use to say, “Here’s how others may reuse my work” (e.g., allow remixing, require credit, limit commercial use).
- Why it matters for your project: Many “free” resources students find are under some type of CC license. You must follow the specific rules of that CC license.
- Public Domain
- Simple definition: Works that are not protected by copyright (protection expired, never applied, or was waived). They can be used by anyone, for almost any purpose.
- Why it matters for your project: Public domain materials are ideal for remix: you can cut, edit, and reuse without asking permission, though giving credit is still good practice.
- Fair Use (U.S.-specific)
- Simple definition: A legal doctrine that allows limited use of copyrighted material without permission for purposes like criticism, commentary, teaching, news, and parody. Decisions are based on four factors (purpose, nature, amount, and market effect).
- Why it matters for your project: A remix or mashup may be fair use (e.g., critical commentary, parody), but it is not guaranteed. It’s a legal judgment call, not a magic label.
- License
- Simple definition: A statement or contract that tells you what you’re allowed to do with a work (copy, share, modify, sell).
- Why it matters for your project: Even if something is free to download, you must read the license to see whether remixing is allowed.
- Attribution
- Simple definition: Giving proper credit to the creator of a work you use (name, title, source, license, etc.).
- Why it matters for your project: Most open licenses, especially Creative Commons, require attribution. Forgetting credit can break the license, even if remixing is allowed.
- Derivative Work
- Simple definition: A new work that is based on or built from an existing work (e.g., a remix, translation, or adaptation).
- Why it matters for your project: Your mashup video is a derivative work. Whether you’re allowed to make it depends on copyright, license, or fair use.
- Remix / Mashup
- Simple definition: Combining pieces from one or more existing works to create something new (e.g., cutting clips from several films, layering with new audio and text).
- Why it matters for your project: This is the core of your project. Remix is artistically encouraged, but legally it has to respect copyright, licenses, or fair use.
- NonCommercial (NC)
- Simple definition: A Creative Commons restriction that says you can use and remix the work, but not for commercial (money‑making) purposes.
- Why it matters for your project: School projects usually count as noncommercial, but if students later post on monetized channels, NC may be an issue.
- ShareAlike (SA)
- Simple definition: A Creative Commons condition that says if you remix the work, you must release your new work under the same or a compatible license.
- Why it matters for your project: If you use CC BY‑SA content, your remix might also need to be CC BY‑SA, which means others can reuse your project too.
- NoDerivatives (ND)
- Simple definition: A Creative Commons condition that allows sharing of the work, but does not allow changes or adaptations.
- Why it matters for your project: ND works are generally not usable for remix/mashup projects, because editing, cutting, or adding things is a “derivative.”
- CC0
- Simple definition: A Creative Commons tool that puts a work as close as possible into the public domain (“no rights reserved”).
- Why it matters for your project: CC0 content is extremely remix‑friendly: you can use it without asking and without legally required attribution (though credit is still nice).
- Royalty‑Free
- Simple definition: A license where you pay once (or sometimes pay nothing) and can then use the work without paying ongoing royalties. It does not automatically mean public domain.
- Why it matters for your project: Many “royalty‑free” sites still restrict remixing, redistribution, or commercial use. Students must read the specific terms.
- Terms of Service / Terms of Use
- Simple definition: The rules set by a website or platform about what users can do with content and with the service itself.
- Why it matters for your project: Even if content is public domain or CC‑licensed, a site’s terms may limit how you download or share it (e.g., no scraping, no bypassing technical protections).
- Digital Rights Management (DRM)
- Simple definition: Technical tools that control how digital files are used (copying, sharing, printing, etc.).
- Why it matters for your project: Circumventing DRM can be illegal even if the underlying work is public domain or licensed freely. Students should avoid breaking technical locks.
- Moral Rights
- Simple definition: Rights some laws give creators to be credited and to object to uses that distort or harm their reputation, separate from copyright.
- Why it matters for your project: Not as central in U.S. classroom practice, but important globally. Even if something is technically allowed, extreme distortions of a work may raise ethical issues.
- Plagiarism
- Simple definition: Presenting someone else’s work or ideas as your own without proper credit. It’s an academic honesty issue, not a copyright license.
- Why it matters for your project: A remix can still be plagiarism if students don’t credit sources. They must differentiate between: “I’m legally allowed to do this” and “I’m honestly representing what I used.”