Copyright, Creative Commons and Fair Use Guidelines

NDSU Extension Guidelines

Copyright, Creative Commons and Fair Use Guidelines - adopted by ELT 9/24/2012

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Copyright

Copyright is the sole right to reproduce, publish, or sell “original works of authorship.” This authorship includes literary, dramatic, musical, artistic, and certain other intellectual works including books, journals, photographs, art, music, sound recordings, computer programs, websites, and many other materials. This protection is for both published and unpublished works, even if no copyright symbol is on the material. The author is the owner, unless the work is a “work for hire,” as is the case for NDSU Extension employees where NDSU is the owner when Extension employees publish or distribute works using Extension resources (NDSU Policy 190-5-c). Copyright gives the owner the right to reproduce the work in copies or recordings; to create subsequent works based upon the owner’s original work; to distribute copies or recordings of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending; and, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio-visual works, to perform and display the work publicly, which includes the use of a digital audio transmission.

To use material developed by someone else (either published or unpublished), the safest course of action is to get specific written permission from the owner. You must get written permission to use work beyond fair use guidelines (see below), and this permission must be granted by the organization that owns the material, which may not be the author.

Creative Commons

Creative Commons is a type of copyright license. Many organizations use Creative Commons as a simple, standardized way to grant copyright permissions. NDSU Extension’s Creative Commons license states that any person may copy, distribute, transmit, and adapt this work as long as full attribution to NDSU Extension and the author is given; the work is not used for commercial purposes; and the person shares their resulting work similarly. In other words, the NDSU Extension Service owns the copyright on materials produced by faculty and staff for their jobs, but NDSU Extension lets others use the information under those conditions without asking for specific permission.

Fair Use

Fair use is what you can use without asking permission. Fair use is determined on a case-by-case basis through the application of the following four factors. All four factors typically need to be met to be considered fair use. Again, always cite the source!

  1. The purpose and character of the use is for nonprofit educational purposes; and
  2. The nature of the copyrighted work is primarily non-fiction; and
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole is a small amount and does not constitute the “heart” of the work; and
  4. The effect of the use does not diminish the market for or value of the copyrighted work.

Fair Use Decision Tree

Fair Use Decision Tree

Examples of Questions

Answer: Photos, graphics and the like used in PPT presentations probably would fall under fair use guidelines since they’re being used for an educational purpose, the information is non-fiction, a small amount of content is used and it doesn’t reduce the market of the material. However, the copyrighted material should not be included in handouts or posted to the Web. For example, you may show a cartoon in your PPT to illustration a point, but don’t include it in handouts or online. If others want to use it similarly, they need to go to the original source. The general recommendation is to create a separate handout of important information rather than just using the handouts function in PPT.

Answer: If a 100-page book is for sale and you want to photocopy and share 90 of those pages, no, since that would violate fair use factor #4 – reducing the book’s market. If you give them most of the pages, they won’t purchase the book. However, if you copy just a few pages that specifically pertain to your educational program, then all four factors of fair use would probably be met. Even if information is free on the Web, consider it copyrighted. Follow the copyright instruction on the page (if it’s there). Be sure to give credit, including the URL.

Answer: Since NDSU owns the copyright on Extension materials published by faculty and staff as part of their jobs, other NDSU Extension faculty and staff can use that information without asking anyone for permission. However, to recognize original authors who are no longer with NDSU, the Educational Materials Guidelines state:

  • If the original author has left NDSU, that person's name will remain on the publication as author. However, a current staff person will review and revise the information, and that name will be added for a current contact. For example, a publication might say:

    Laura DeHaan
    Assistant Professor of Child Development, NDSU
    Reviewed and revised by
    Sean Brotherson
    Family Science Specialist, NDSU Extension

Printed publications and Web pages should be reviewed by a current specialist in that subject matter specialty for content. If the faculty member says the information is up to date and relevant, the information still will be made available. Material should say the information was reviewed (and maybe also revised) by (the current faculty member’s name) as above.

If you’re citing information from a faculty or staff person still with NDSU Extension, professional courtesy says they should be named.

Answer: Any unclassified information developed by the federal government is considered to be in the public domain and may be used without seeking permission. Again, credit the source. However, different universities and states have different policies. At some universities, the university holds the copyright, but at others, the author holds the copyright. Get permission from the entity that has the authority to give that permission. Even states and other governmental entities besides federal agencies are considered to be the copyright holders of the material they create. Check their policy for use.

Answer: If the clips are short enough so that they don’t reduce the marketability of the entire product, then they could be used because they fall under fair use guidelines. For a similar reason, the user should own the movie, CD or music download to avoid market loss. Again, use it for your audience, but do not share copies or post it online. Even YouTube says, “If you use an audio track of a sound recording owned by a record label without that record label’s permission, your video may be infringing the copyrights of others.”

Answer: Some materials will tell how the source wants to be credited. For example, the NDSU Extension Creative Commons license says, “Proper attribution of this work should include:

Title of the Work
North Dakota State University Extension
Name(s) of the Author(s), if listed
URL of the work”

If no instructions for citation are provided, it depends on the use. It might be appropriate for you to say within the document something like, “According to research by Sam Jones at the University of Minnesota…” or you might want a more formal list of full references at the end.

Answer: The NDSU Ag Communication SharePoint site at https://ndusbpos.sharepoint.com/sites/NDSU_agcomm/SitePages/Photos.aspx lists some resources. If you consider using photos from Flickr, use the advanced search (which you can only get to after completing a regular search) and select “Only search within Creative Commons-licensed content.” Be sure to credit each photo.

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