Copyright.
The duration of copyright protection established in the 1976 revision of the U.S. Copyright Act states “no works published after January 1, 1978, will pass into the public domain until at least 2047” (Stanford University, 2019, par. 9). This means almost all media online is potentially copyrighted and you cannot assume it is free to use.
Want to use an image you found online on your website?
Remember! Before you use multimedia found online on your website, please make sure to:
- Determine the copyright status of digital media.
IF copyrighted: - Assess if your use falls under an exception, such as Fair Use.
- Observe licensing’s terms or “terms of use” if available (e.g., Creative Commons Licensing, etc…).
- Contact the copyright owner directly and request permission to use their work (if necessary)
CC BY-SA 3.0 DEED Attribution-ShareAlike 3.0 Unported
Determining Fair Use: Main Factors
Whether something is fair use is often case-by-case, and not always easily determinable. However, the U.S. Copyright Office (2018) discusses four main factors that courts look at when determining whether the use of copyrighted material is considered fair use:
1. “Purpose and Character”
According to Harvard University (2019), if the usage is for a “socially beneficial activity,” such as teaching, scholarship, research, comment, criticism, or reporting, especially in non-commercial contexts, it is more likely to be considered fair use.
2. “The Nature of the Copyrighted Work”
Using a published work is more likely fair use than using an unpublished work. Also, the more factual and less creative a work is, the more likely that using it is fair use (U.S. Copyright Office, 2018). This has been the least important factor in fair use rulings (Harvard University, 2019).
3. “The amount and substantiality of the portion used in relation to the copyrighted work as a whole”
The greater the quantitative usage (e.g. percentage) or qualitative usage (e.g. using something that could be considered the core of someone’s original work), the less likely it will be considered fair use (U.S. Copyright Office, 2018).
4. “The effect of the use upon the potential market for or value of the
copyrighted work.”
If the use negatively affects the current market or potential profit of the copyright owner, using the work is less likely to be considered fair use (U.S. Copyright Office, 2018).
One acronym we can use while selected or designing content for our websites is “CRaN” – Clear, Relevant, and Natural. Below is a summary of three things you may wish to look out for when selecting images for your online content.
Clear – Ensure that the image is high-quality, crisp, and easy for the viewer to discern..
Relevant – Ensure that the content of the image is applicable and focused on what you are.
discussing on your page. Consider all aspects of the image, including the background.
and Natural – Ensure the image is not too jarring to the eyes. When unsure, lean towards.
images that are clean, simple, and don’t appear forced.
Creative Commons Attribution Guidelines
Creative Commons recommends using the acronym “TASL” to help users remember proper attribution. The letters stand for Title, Author, Source, and License (“How to give attribution,” n.d.).
The following principles provide a valuable guide to designing captivating media:
Simple – Don’t overwhelm with facts, ideas, or information. Use the rule of 3 (what 3 things do
you want the audience to take away from your media?).
Unexpected – Information and ideas that are shocking are more memorable. How can you
surprise the audience with your media?
Concrete – Don’t use abstract terms or complex jargon. Present information in a way that is
relevant to the audience.
Credible – Why should the audience believe you? Credibility can come in many forms
(education degree, profession, personal experience).
Emotion – Simply increasing an individual’s heart rate results in a higher likelihood of sharing
a video. “Virality is partially driven by physiological arousal. Content that evokes high-arousal
positive (awe) or negative (anger or anxiety) emotions is more viral. Content that evokes low-
arousal, or deactivating, emotions (e.g., sadness) is less viral.”
Story – When you tell a story, people not only listen/watch, parts of their brain activate as if
they are experiencing the story themselves. Thus, storytelling is an incredibly powerful and impactful teaching tool.
