Monday 10 August 2020

Annotations and Suggestions



Annotations and Suggestions


Kathryn Kure




Licensed under a Creative Commons Attribution 4.0 International License





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



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.

Licensed under Attribution-No Derivatives 4.0 International (CC-BY-ND 4.0).

·       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” (Info Justice, 2020) but the counter-argument is merely that the SA Bill specifies more instances of ‘Fair Use’ (all of which are allowed under US Law) but because of this it would be easier to use and people would be less fearful to use it. Again, the only interests that appear jeopardised are those of excessively wealthy copyright holders who themselves benefit from fair use doctrines.


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.  



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.






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” (Creative Commons, 2020).

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







Creative Commons, 2007. Creative Commons and Commerce. [Online]
Available at:
[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:
[Accessed 20 July 2020].

Duke Law: Centre for the Study of the Public Domain, 2020. Bound by Law. [Online]
Available at:
[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:
[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:
[Accessed 5 June 2020].

Nicholson, D., 2019. Fair Use in New Copyright Bill Benefits Everyone. [Online]
Available at:
[Accessed 10 August 2020].

Purdue University , 2020. Copyright Basics: Fair Use. [Online]
Available at:
[Accessed 10 August 2020].

Purdue University, n.d. Copyright Basics: Exceptions. [Online]
Available at:
[Accessed 16 June 2020].

The Conversation, 2018. Why Fair Use is so Important for SA Copyright Law. [Online]
Available at:
[Accessed 10 August 2020].

University of the Witwatersrand , n.d. Copyright Amendment Bill of South Africa. [Online]
Available at:
[Accessed 10 August 2020].



Copyright and Her Limits Go to the Creative Commons

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