UNIT 6
Annotations and
Suggestions
Kathryn Kure
Licensed under a Creative Commons Attribution
4.0 International License
1 UNIT ONE
1a Suggested New
Resource
The suggested new resource is the
article by Timothy Lee in the Washington Post
1b Attribution:
15
years ago, Congress kept Mickey Mouse out of the public domain. Will they do it
again? By Timothy B. Lee. All rights reserved ©
1c Why Resource
is Relevant
The course starts with the conclusions
relating to the Mickey Mouse Act but is relatively sparse on history of that
particular piece of legislation. Humans like narrative, and the logical,
chronological sequence of events which this resource offers therefore fleshes
out the understanding.
1d Relationship
to Specific Area of Course (Unit, Section No)
Unit 1, Section 1.1, under Acquiring
Essential Knowledge, Paragraph 6, specifically the sentence, “The end of
copyright term is important …”
1e Non-North
American Resource: No
2 UNIT TWO
2a Suggested New
Resources
(i)
There are two suggested new
resources are from Purdue University, and have to do with a) Exceptions to
Copyright with b) a specific focus on Fair Use.
(ii)
There are also three suggested
new resources from South Africa, all to do with the Fair Use provision in the
new Copyright Bill in South Africa and which the US government is strenuously
opposing.
2b (i) Attributions:
A. Purdue University: Fair Use
·
Copyright
Basics: Exceptions by Purdue University, All Rights Reserved
Copyright ©.
· Copyright
Basics: Fair Use by Purdue University. All Rights Reserved Copyright
©.
B. South Africa: Fair Use
Why Fair Use is so Important for SA Copyright Law. By Denise Nicholson.
· Republic
of South Africa: Copyright Amendment Bill 2018. By Department of Trade and
Industry. All Rights Reserved Copyright.
·
‘Fair
use’ in new Copyright Bill benefits everyone by Denise Nicholson. All
Rights Reserved Copyright.
2c Why Resources are
Relevant:
(i)
The Purdue University Resources
are Relevant because Fair Use is a difficult concept because it is on a
case-by-case basis in the US. This resource provides exceedingly useful charts
with relevant questions the answers to which help users determine what Fair Use
is.
(ii)
The new (but not yet signed
into law) South African Copyright Act is more specific than the US in terms of
specifying ‘Fair Use’. However, due again to commercial interests, the US is
fighting various provisions which encode Fair Use as opposed to relying on a
case-by-case basis. Those who argue for the importance of ‘Fair Use’ in
developing countries state it is important to delineate Fair Use clearly to
make it easier to implement and benefit the SA economy, education, and research
institutions. Opponents “state that if the Bill is signed by the President, it
will be the only country in the world with such extensive rights for users”
2d Relationship
to Specific Area of Course (Unit, Section No)
It relates to Section 2.4 Exceptions and
Limitations to Copyright, Paragraph 10 under Acquiring Essential Knowledge.
2e Non-North
American Resource: Yes. Three Resources Cited
There are three Non-North American
Resources cited.
3 UNIT THREE
3a Suggested New
Resource
The suggested new resource is a video
available on Wikimedia and also on the Creative Commons website which was
written by Lawrence Lessing himself and which delineates very clearly the
creator’s commercial rights.
3b Attribution:
Creative
Commons and Commerce Written by Lawrence Lessig, Music by Lesser, Narrated
by Eric Steuer, Slides designed by Barbara Occhiogrosso.
Licensed under Attribution
3.0 Unported (CC BY 3.0)
3c Why Resource
is Relevant
Course participants battled with the
concept of NC as the examples focused on the rights of the user/re-user but not
those of the creator. This video clearly delineates how NC works under CC and
in particular explains the non-exclusive nature of CC licenses, in contradistinction
to those of All Rights Reserved Copyright and also why CC licenses are therefore
irrevocable, hence clearing up specific misapprehensions in a very
easy-to-understand video.
3d Relationship
to Specific Area of Course (Unit, Section No)
The resource is relevant to Section 3.3,
License Types, under Acquiring Essential Knowledge, the Paragraph dealing with
NonCommercial or NC
3e Non-North
American Resource: No.
4 UNIT FOUR
4a Annotated
Resource
The suggested annotation is already linked
within the resource; however, it is suggested that a more thorough explanation
is given in the text itself, particularly since the explanation is succinct and
critical to understanding.
4b Attribution
Can
I reuse an excerpt of a larger work that is licensed with the NoDerivs
restriction? by Creative Commons. Licensed under Attribution 4.0
International (CC BY 4.0)
4c Why Resource
is Relevant
The resource is relevant because it clearly
specifies how an excerpt can be used within a larger work, even if the excerpt
itself is licensed ND. The reason it is important to spend a little time
explaining both this and the other links (regarding using a work in a different
format and modifying a work) is simply because it makes it much easier for the
student to grasp. Links tend to suggest the concept is not that important, and
it really is such useful information and also not particularly long that is
should be embedded within the text itself – especially this sentence:
“If the combination does not create an
adaptation, then you may combine any CC-licensed content so long as you provide
attribution and comply with the NonCommercial restriction if it applies”
4d Relationship
to Specific Area of Course (Unit, Section No)
The link is found in Section 4.4, under
Acquiring Essential Knowledge, the fifth paragraph.
4e Non-North
American Resource: No
5 UNIT FIVE
5a Annotated
Resource
As already discussed, in the course
material, it explicitly states that the two public domain tools are NOT
licenses. But in the chart (CC License Compatibility Chart / CC BY 4.0) works
with them as if they are CC licenses and effectively refers to them as such.
The compatibility table is useful, but it should not be called a "License Compatibility
Chart" since it's not.
5b Attribution:
CC License Compatibility Chart Creative
Commons. Licensed under Attribution
4.0 International CC BY 4.0
5c Why Resource
is Relevant
It is relevant since it is confusing to
participants first to learn that public domain tools are not licenses but then
be presented with a chart that specifies that they are licenses. The
terminology should be more precise and refer possibly to Adapter’s Compatibility
Chart (as per discussion with Jonathon Poritz) to indicate that these restrictions
apply to those who re-use the work (unless another legal arrangement is created
with the creator), and not the original creators.
5d Relationship
to Specific Area of Course (Unit, Section No)
Section 5.2, Remixing & adapting
resources, the CC License Compatibility Chart.
5e Non-North
American Resource: No
Bibliography
Creative Commons,
2007. Creative Commons and Commerce. [Online]
Available at: https://creativecommons.org/creativecommons-and-commerce/
[Accessed 5 July 2020].
Creative Commons, 2020. Can I Reuse an Excerpt of
a Larger Work that is Licensed with the NoDerivs Restriction. [Online]
Available at: https://creativecommons.org/faq/#can-i-reuse-an-excerpt-of-a-larger-work-that-is-licensed-with-the-noderivs-restriction
[Accessed 20 July 2020].
Duke Law: Centre for the Study of the Public Domain,
2020. Bound by Law. [Online]
Available at: https://web.law.duke.edu/cspd/comics/zoomcomic.html
[Accessed 20 June 2020].
Info Justice, 2020. Are Fair Use Provions in the
SA Copyright Amendment Bill Far Broader Than in the US?. [Online]
Available at: http://infojustice.org/archives/41522
[Accessed 10 August 2020].
Lee, T. B., 2013. 15 years ago, Congress kept
Mickey Mouse out of the public domain. Will they do it again?. [Online]
Available at: https://www.washingtonpost.com/news/the-switch/wp/2013/10/25/15-years-ago-congress-kept-mickey-mouse-out-of-the-public-domain-will-they-do-it-again/
[Accessed 5 June 2020].
Nicholson, D., 2019. Fair Use in New Copyright
Bill Benefits Everyone. [Online]
Available at: https://www.dailymaverick.co.za/article/2019-09-17-fair-use-in-new-copyright-bill-benefits-everyone/
[Accessed 10 August 2020].
Purdue University , 2020. Copyright Basics: Fair
Use. [Online]
Available at: https://www.lib.purdue.edu/uco/CopyrightBasics/fair_use.html
[Accessed 10 August 2020].
Purdue University, n.d. Copyright Basics:
Exceptions. [Online]
Available at: https://www.lib.purdue.edu/uco/CopyrightBasics/exceptions.html
[Accessed 16 June 2020].
The Conversation, 2018. Why Fair Use is so Important
for SA Copyright Law. [Online]
Available at: https://theconversation.com/why-fair-use-is-so-important-for-south-african-copyright-law-107098
[Accessed 10 August 2020].
University of the Witwatersrand , n.d. Copyright
Amendment Bill of South Africa. [Online]
Available at: https://libguides.wits.ac.za/ld.php?content_id=47021252
[Accessed 10 August 2020].
