BYOD4L is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. Below is a short introduction to what Creative Commons means. For more information
- visit http://creativecommons.org/
- Adapting BYOD4L
- A visual guide to choosing the right Creative Commons licence for your work
In addition to the BYOD4L environment and the associated approaches to learning together, facilitators and participants will generate content in many forms and media. We hope that participants will be open to sharing the content they produce during our time together.
While this article does not offer legal advice we thought it would be useful to set out our understandings of ‘fair use’ or ‘fair dealing’ with regard to our content and our work especially as we are an international community..
Fair Use and Fair Dealing
‘Fair use’ is a common term that is often heard in relation to using copyright material, especially in regard to wikis, blogs and other Web 2.0 technologies.
Fair Use is a provision that exists in US copyright law that allows people to use limited amounts of copyright material. Under fair use, you do not need to seek permission from the copyright owner to use their work for certain purposes such as, but not limited to, education, research or illustrative purposes so long as the use is considered ‘fair and reasonable’. Users of social media in the US can rely on fair use as they are covered by US copyright law.
Under Australian copyright law, a similar provision exists to fair use known as ‘fair dealing’. However fair dealing is different to fair use in that it is limited to five clearly defined purposes:
- research and study;
- criticism and review;
- parody and satire;
- reporting the news and judicial proceedings.
Fair dealing is a much narrower provision than fair use. Unlike fair use, fair dealing does not allow copyright material to be used in social situations unless the use meets one of the definitions of the purposes allowed under fair dealing, such as criticism and review. Australian users are covered by Australian copyright law and therefore cannot rely on the US fair use provisions.
Copyright will generally be owned by the author of the tweet, blog or Facebook comments. You can share or embed links to websites on social media but you should make sure that the item you are linking to does not infringe copyright. It is a common misconception that material on the web is copyright-free because it is readily and freely accessible. Material is often made available on the web without permission from the copyright owner. You may wish to post material on social media directly rather than linking to it. In this case you need to make sure that:
- you are the author of the materials
- you are using an insubstantial portion – you can quote a few lines or paragraphs of text from a book or journal article, or
- the copyright owner has given their permission or licensed the work – for example, by using a Creative Commons licence.
In the UK, Fair dealing is understood as an exception to United Kingdom copyright law. It provides three types of situation in which fair dealing is a valid defence:
- where the use is for the purposes of research or private study;
- where it is to allow for criticism or review, and
- where it is for the purpose of reporting current events.