ScholarWorks@UMass Boston

There is a difference between:​

• Using works from collections​

• Using adaptations/remixes/derivative works​

• Licensing and resharing works from collections​

• Licensing and resharing works that have been adapted/remixed/derived​
   

Interacting with Copyrighted Work:

There are a handful of ways that people interact with copyrighted work. Examples include, but are not limited to:

• Creating a Collection: Aggregating works from different sources and with different creators into a collection

• Adaptation: Adapting someone's original work into a new work, or combining adaptations to form one new work

• Fair Use: Re-sharing copyrighted content for educational purposes, criticism, reporting, or for scholarly research (Fair Use)
   

Whatever way someone decides to interact with a work, it is crucial to understand what licenses, copyrights or rules apply to that work. This will guide what you are legally able to do with the original work.

What is a Collection?

• A compilation of separate works from different sources

  • Example: An anthology of short stories from different authors

• In this scenario, each individual item has its own copyright properties applied. If you want to gather each item into a collection, you must cite each item appropriately, applying designated licenses, and providing attribution for every single item.

"CC TV Dinner" by Nate Angell. CC BY. From "tv dinner 1" by adrigu" used under CC BY and various Creative Commons license icons by Creative Commons used under CC BY. 

Citing Works into a Collection:​

•   Provide attribution and license information for all individual works in your collection​
•   Copyright only goes to you for works you created within the collection​
•   All Creative Commons licenses allow licensed material to be reshared in collections​
•   When you apply a license to the entire collection, you must adhere to the sharing conditions specified in each individual license.​

For example:​

    If a single work in your collection is licensed with CC-BY-NC, you may not re-share the entire collection commercially.

What is an Adaptation? Remix? Derivative?

• A blend or modification of works from potentially different sources to create one new work ​
  • Example: A film based on a novel

 "CC Smoothie" by Nate Angell. CC BY. Derivative of "Strawberry Smoothie on Glass Jar" by Element5 and various Creative Commons license icons by Creative Commons used under CC BY.

Adapting/Remixing/Deriving a Work:

• If the work is licensed with a CC license, best practice is to share your adaptation under the same license.​
• If you're adapting multiple resources together, each resource must be cited in the attributions for the adaptation.​
• If the work is licensed with Share Alike (CC BY-SA), you MUST license it under the same license.​
• If the work is licensed with No Derivatives (CC BY-ND or CC BY-NC-ND), you CANNOT legally adapt and distribute this work as an adaptation.​
• If you're adapting from two different sources, you should re-share your adaptation using a license that accommodates the most restrictive license of the two.​
  • For example: If you are remixing a work licensed CC-BY with a work licensed CC-BY-SA-NC, you should re-share the remixed work under the CC-BY-SA-NC license.

What happens if I want to use something that's copyrighted?

This depends. First, ensure that:

1. There are no other open access or public domain versions on the internet somewhere. Often, you can find a suitable replacement that already has open licensing applied.
2. If no, think about if you really need the resource for your research. Is it critical to understand your content? Can you simply share a link to the resource instead?
3. If use of the item is critical, write to the copyright holder to ask for direct permission. Look for copyright information in the item's metadata/details. If you cannot find it directly ON the resource, look on the website for Terms and Conditions, Terms of Use, or Copyright Rules.
4. If the original copyright holder does not respond, or if this item is locked down by strict Terms of Use or sharing restrictions, and you truly must use this resource in your work, consider claiming Fair Use.

Measuring Fair Use: Four Important Factors to Consider

Using copyrighted content for your research and scholarship can be confusing and stressful. If you truly must use something that is locked-down by copyright, there are four factors you must consider before deciding to use the work under conditions of Fair Use. These for factors are:

• The purpose and character of your use (what is your end-product? How are you using the content?)
  • To justify the use as "fair", one must demonstrate how it advances knowledge or progresses the arts.
• The nature of the copyrighted work (You have a stronger case for use if you use factual information rather than fictional, if you copy from published or unpublished work)
  • "The social usefulness of freely available information can weight against the appropriateness of copyright for certain fixations." - Wikimedia Commons.
• The amount and sustainability of the portion you chose to use (The amount you choose to use)
  • The less you use in relation to the whole, the more likely the use will be considered fair.
• The effect of the use on the potential market (are you making money off of this? Could use of this material harm the existing market for the resource?)
  • If the item being used is behind a paywall, published with a for-profit company, or brings in money, use of the material under conditions of Fair Use could infringe on the copyright holder's commercial use of the work.

Copyright Checklist: Resharing Content

Use this checklist to ensure that you have considered everything about sharing your work with the world, including attribution preferences, how you want your work to be used, and if you want your work to be able to be modified or adapted by other creators. Find the downloadable form below.

Finding Appropriate Content

[ ] Have I searched specifically for openly licensed content?
[ ] Have I verified the license of each resource I plan to use?
[ ] Have I checked if the license terms are compatible with my intended use?
[ ] Have I confirmed the content I want to modify doesn't have a "No Derivatives" license applied to it?
[ ] Have I checked for any additional conditions specified by the creator or rights holder?

Understanding Usage Rights

[ ] Do I understand what the specific CC license allows me to do with the content?
[ ] If the license is "NonCommercial," have I confirmed my use qualifies as non-commercial?
[ ] If combining multiple openly licensed works, have I checked for license compatibility?
[ ] Have I identified any elements that might be under different licenses within the work?
[ ] Do I need to contact the original creator for any clarifications or additional permissions?

Proper Attribution

[ ] Have I included the title of the original work in my citation?
[ ] Have I credited the original author/creator?
[ ] Have I included the source URL where I found the content?
[ ] Have I specified the type of CC license the original work uses?
[ ] Have I indicated if I made any changes to the original work?
[ ] Have I formatted the attribution according to best practices?
[ ] If I've modified the work, have I indicated what changes were made?

ShareAlike Compliance

[ ] If using a ShareAlike (SA) licensed work:
       [ ] Am I sharing my new work under the same license?
       [ ] Have I clearly indicated the license on my derivative work?

Fair Use Considerations (for copyrighted content)

[ ] If using copyrighted material under fair use claims:
         [ ] Have I evaluated all four factors of fair use (below)?
                [ ] Have I limited the amount used to what is strictly necessary?
                [ ] Is my use transformative (using it for a different purpose)?
                [ ] Is my use for educational/non-profit purposes?
                [ ] Have I documented my fair use reasoning?

Distribution and Sharing

[ ] Have I included all required attributions in my redistributed materials?
[ ] Have I clearly indicated which license applies to my adapted work?
[ ] Have I preserved any copyright notices from the original work?
[ ] Have I documented where my content came from for others who might use my work?
[ ] If I've combined works with different licenses, have I clearly marked which parts are under which licenses?

Institutional Compliance

[ ] Does my reuse comply with my institution's copyright and intellectual property policies?
[ ] Have I checked if my institution has specific guidelines for using open educational resources?
[ ] If using in a course, have I properly cited all materials in my syllabus or course materials?