Reflections 3177

Creative Commons, IP and Copyright

What is it?

Creative Commons helps you legally share your knowledge and creativity to build a more equatable, accessible, and innovative world.”

Intellectual Property (IP) – (n) a work or invention that is the result of creativity (manuscript, design, etc) to which one has rights and for which one may apply for a patent, copyright, trademark, etc (definition by Google )

OR- refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce (definition by WIPO)

According to Understanding Copyright and Related Rights  by WIPO (a very thorough PDF manual for beginners who only need the general gist of copyright and the various things that entails), IP is divided into two branches: Industrial Property such as patents for inventions, trademarks, commercial, etc, and Copyright for literary and artistic works such as books, music, sculptures, etc. Copyright is mentioned to be sometimes referred to as Authors’ Rights, also Moral Rights, in which cases that material or content within the Author(s)’ work(s) can only be used/modified by the Author or with the Author’s consent.

“The ideas in the work do not need to be original, but the form of expression must be an original creation by the author” according to the WIPO.

The Author under Copyright can claim Economic Rights as well as Moral Rights.

Economic Rights include:

  • Reproduction
  • Distribution
  • Authorize Rental
  • Control Importation
  • Public Performance
  • Broadcasting
  • To Make Work Publicly Available
  • Translation
  • Adaption

Moral Rights include:

  • Attribution
  • Integrity (Modification)

*These remain with the Author after economic rights transfer

Copyright is also limited in duration: from the moment of creation to some time after the Author’s death, usually about 50 years or so. Once this period reaches its completion, the work becomes part of what is known as public domain.

What Forms Does It Come In?

According to GCF (an open, clarifying website that covers a number of things on Creative Commons, compares to other copyright methods, and relates it to blogging) :

  1. The Tradition, Plain Ol’ Copyright: All original Work CANNOT be copied, used, adapted, or published without the Creator’s permission.
  2. The Micromanaging but Useful Creative Commons: Work specifically designated by the Creator MAY be used without permission but ONLY in the designated circumstances.
    • Licenses Availale:
      • Attribution attribution – You must credit the Creator to use, copy, or share the Work
      • Non-Commercial non-commercial – You can’t make a profit from Work Content
      • No Derivative Works derivative – You can’t change the Work content
      • Share Alike share-alike – You can change the Work content but must use the same license as the original Work
  3. Public “Chaos” Domain: Any Work by Authors dead before 1923 or Work placed here by Creators may be used used, adapted, copied, and published with NO RESTRICTIONS and NO PERMISSION NEEDED.

Here are some Pros and Cons for each, according to me:

  • Copyright Pros:
    • Your Work is completely protected
  • Copyright Cons:
    • You can’t touch that other person’s work.
  • Creative Commons Pros:
    • You can use other’s Work under given circumstances.
    • Others can promote and disperse your Work for you.
    • You have control over what is allowed for your Work.
    • You can legally use someone else’s Work.
  • Creative Commons Cons:
    • Usually the best Works have the greatest restrictions.
  • Public Domain Pros:
    • You can basically do whatever you want with these Works.
  • Public Domain Cons:
    • Anyone else can do whatever they want with your Works in a borderline-cannibalistic free-for-all.

What Would I Prefer to Use?

In my own blog, I would prefer to give other’s credit for their work (because I’m a long-standing goody-two-shoes), but I would also like to use their work in the first place because I don’t know everything and haven’t been everywhere in order to have pictures of everything.

I would most likely be using Creative Commons.

It is the most flexible source with which I can put my Work into cyberspace and still retain credit for it and control what form it takes – for the most part, anyway.

My Work is my baby, and I would never be able to subject my Brain Child to the potential cruelties of the modern-day populace with Public Domain.

Also, I feel that no one would ever see my content if I kept it under the tight-fisted Copyright.

There is a snapshot of that legal junk, maybe it will be useful for someone that is not me. Maybe. Or not. Whatever works.


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