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Understanding Creative Commons Zero & The Public Domain…

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Creative Commons and Public Domain

The use of Creative Commons Zero (CC0) & the Public-Domain Mark (PDM) is intended to label content and media in which there are no rights reserved.

With Creative Commons Zero and Public Domain Marks you have permission to reuse, edit, create, and distribute with the source work because the person associated with its creation has released restrictions of copyright laws. You are not entitled to claim attribution for an individual or collective work which you did not create. Acquiring attribution is up to the original copyright holder. Copyright registration is voluntary and not necessary; however, you are still protected under copyright law. Official copyright registration provides important benefits such as legal proof of ownership and it can help preventing further complications.

If you’ve curated or sourced content as CC0 or Public Domain,  under Creative Commons: Public Domain — The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. Not limited to so that others may freely build upon, enhance and reuse the works for any purposes, even commercially without restriction under copyright or database law.

 Creative Commons Zero CC0 Badge
Creative Commons Zero [CC0] Badge

 Public Domain Mark PDM Badge
Public Domain Mark (PMD) Badge

This means no one can claim ownership over the sourced content or media, and there is no legal requirement for attribution. Furthermore, if you do not sign or approve a legally contracted licensed agreement when receiving content or media labeled as CC0 or PDM, you are within complete lawful limitations to share that CC0 content. This is not a violation of legal policy.

Infringement of collective work covers the individual works/content/media contained in it if (1) the collective work and the individual works are owned by the same party, (2) the individual works have not been previously published or previously registered, and (3) the individual works are not in the public domain. The Copyright Office will not honor a request for a registration of someone else’s work without written authorization from the original creator. 

If you are acting under copyright restoration: you must send the reliance party a formal notice (NIE) with your full name and company indicating that you plan on enforcing your restored rights. In consensus to law, the reliance party is granted reliance rights for a  12-month grace period of non-liability or in some cases several years to disassociate from the work on the date the notice is served. You are ineligible to seek payments or royalties for any profit made from the source content for anytime the work was in the public domain in accordance with the copyright office.

If you are not the current holder of an officially registered legal license for the originally sourced content, you do not have any jurisdiction over the copyright licensing and are not entitled to anything.

If you are the original creator of a piece of content and would like to claim infringement, providing proof of ownership or creation and including a statement of the actual licensed permissions to the webmaster is the simplest and most efficient way of disputing a violation without having to get the law involved  — when you send out an email be sure to include “Copyright” in the subject of your notice for a better chance of a response.

Do not intend to ever breach creative permissions and remove any content that is clearly in violation of copyright immediately.

You can learn more about creative commons below (Sourced from CreativeCommons.org)…..

CREATIVE COMMONS CC0 1.0 UNIVERSAL — PUBLIC DOMAIN DEDICATION:

Statement of Purpose

The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an “owner”) of an original work of authorship and/or a database (each, a “Work”).

Certain owners wish to permanently relinquish those rights to a Work for the purpose of contributing to a commons of creative, cultural and scientific works (“Commons”) that the public can reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute as freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes. These owners may contribute to the Commons to promote the ideal of a free culture and the further production of creative, cultural and scientific works, or to gain reputation or greater distribution for their Work in part through the use and efforts of others.

For these and/or other purposes and motivations, and without any expectation of additional consideration or compensation, the person associating CC0 with a Work (the “Affirmer”), to the extent that he or she is an owner of Copyright and Related Rights in the Work, voluntarily elects to apply CC0 to the Work and publicly distribute the Work under its terms, with knowledge of his or her Copyright and Related Rights in the Work and the meaning and intended legal effect of CC0 on those rights.

1. Copyright and Related Rights. A Work made available under CC0 may be protected by copyright and related or neighboring rights (“Copyright and Related Rights”). Copyright and Related Rights include, but are not limited to, the following:

  • the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
  • moral rights retained by the original author(s) and/or performer(s);
  • publicity and privacy rights pertaining to a person’s image or likeness depicted in a Work;
  • rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
  • rights protecting the extraction, dissemination, use and reuse of data in a Work;
  • database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
  • other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.

2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer’s Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “Waiver”). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer’s heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer’s express Statement of Purpose.

3. Public License Fallback. Should any part of the Waiver for any reason be judged legally invalid or ineffective under applicable law, then the Waiver shall be preserved to the maximum extent permitted taking into account Affirmer’s express Statement of Purpose. In addition, to the extent the Waiver is so judged Affirmer hereby grants to each affected person a royalty-free, non transferable, non sublicensable, non exclusive, irrevocable and unconditional license to exercise Affirmer’s Copyright and Related Rights in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the “License”). The License shall be deemed effective as of the date CC0 was applied by Affirmer to the Work. Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case Affirmer hereby affirms that he or she will not (i) exercise any of his or her remaining Copyright and Related Rights in the Work or (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to Affirmer’s express Statement of Purpose.

4. Limitations and Disclaimers.

  • No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
  • Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
  • Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person’s Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
  • Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello 🙂http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

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What is Commercial Use?

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Learn About Commercial Use What is Commercial Use

In the media industry, commercial use is the use of creative content for commercial advertisement and business transactions.

Can I use your content for commercial purposes?

Yes; for the most part you can use our content for commercial use; if not, we will state when that is not allowed. Premium content is also available to purchase with licensed rights, giving you permissions to our trade mark service.

Copyright protects the development of creativity & knowledge for creators and artists. We grant copyright licenses for specified forms of reproduction, merchandising, distribution and broadcasting in countries around the world. When one licenses their work, it means they have granted an individual or company permissions to use their original creation in a certain manner, on a specific type of product, for a certain period of time, and/or with certain restrictions on usage. Some agreements are in perpetuity (non-expiring) for full reproduction rights (including copyright), but many are also for limited amounts of time.

The moment a work is created, Copyright law automatically protects original creators ownership with exclusive legal rights to control and protect use of their original works; including exclusive rights to reproduce, republish, distribute, merchandise (in physical and digital form), the shapes, figures, and construction (including their lines, colors, tones, and perspectives of their artworks or other forms derived from them.

There are also instances when an original copyright work is sometimes granted of certain reproduction rights to others without having to ask for permission to use or give attribution; this is specific to the type of license, but can also qualify as fair use.

Fair use serves as a vehicle for the first amendment (USA) by exempting certain uses of copyrighted work from liability; fair use enables the distribution of new ideas and forms of expression to the public.

Legally, fair use is a grey-area when it comes to commercial use. The existing inconsistencies in the application of the fair use doctrine to commercial advertising has rendered this area of law unpredictable.

Settling a copyright infringement case involving commercial advertisement assets can be very time consuming and will require substantial amounts in legal fees; in other words, you’re better off negotiating to a private consensus with the infringer unless the case involves serious allegations and has caused damage worth millions of dollars. The importance of commercial advertising to consumers and to the economy in general, needs the development of clearer standards and more consistent applications in order to determine fair cases and practices. (Fordham Law, Volume 61, Issue 3)

If you are being accused of violating someone else’s copyright over their work, but you think it qualifies as fair use, you would not be considered in violation of copyright law. In most cases, you should reply to the notice of copyright infringement with a formal letter stating a list of the exact reasons why it is not in violation, with proper sources and legal code.

Many instances of a fair use granted over copyright protected materials include but is not limited to: commentaries, criticisms, and parodies. There are many other examples when one can claim fair use, but these are the most common. The underlying rationale of this exception [fair use] is that the public reaps benefits from your review/commentary/criticism/lecture etc., which is enhanced by including a portion of the copyrighted material.

The fundamentals behind copyright protects the development of knowledge and creativity; fair use enables the distribution of new ideas and forms of expression to the public. Like free speech, lawmakers wanted fair use to have an expansive meaning that can be open to interpretation.

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello 🙂

http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

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Learn about Creative Commons 3.0

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Creative Commons 3.0 is a Free Open License available to the public established under community guidelines & merit for appropriate licensing, permissions and conditions for their works. There are numerous types of Creative Commons (CC)s licenses, depending on what rights the original creator grants; “CC BY 3.0” is one of the public licenses established CreativeCommons.org .

All Creative Commons 3.0 licenses require attribution (aka credit). In general when a piece of content is licensed with CC BY 3.0, you are mostly free to reuse that content, depending on the intensity of the restrictions. Most large content sharing websites on the internet have an option available to state the licensing/copyright information in the description of the content you share and proper labeling can avoid a lot of unnecessary complications. For the most part, a Creative Commons 3.0 License grants royalty-free privilege and fair use.

Royalty free means that somebody who sources the original content does not have to pay any monetary fees associated with using the work. If the content has been created by someone else with CC BY 3.0, CC0 or PDM, most rights have been waived and the origin may have been attributed. Attribution is not always necessary. [Read below about Creative Commons Zero and Public Domain]

Simply, attribution is the crediting of the original creator or author of their work or piece of content. Depending on the context and license, attribution may or may not be required; with standard copyright and Creative Commons licenses, attribution is necessary. With a work labeled as Creative Commons Zero and/or Public Domain, attribution is not required and you are free to reuse, create, and build upon those works. you can read our article about attribution. Better known as CC0 or PDM, creative commons zero and public domain marks can be a very efficient source of value. Learn more about Creative Commons Zero and Public Domain here.

CC0, or Creative Commons Zero & PDM, Public Domain Mark is a label for content where all of the rights have been forfeited. — The person who was associated with the work has dedicated it to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. Not limited to so that others may freely build upon, enhance and reuse the works for any purposes, even commercially without restriction under copyright or database law.

Content with other licenses, such as standard copyright license or a standard license (on media sharing websites). For example, when you upload a clip to YouTube, you grant permission/give access to allow YouTube to broadcast your video, also known as broadcasting rights. YouTube has there own official & legal license called The YouTube Standard License stating the creative permission and copyright terms of the agreement.. read more about the YouTube Standard License. Copyright & licensing is automatically applied to your original works regardless whether you file in the system or not. Registering your works in the system provide important benefits such as proof of ownership and it can help preventing further complications. We wrote an entire article about copyright & licensing.

Depending on how one decides to license their clip, users must follow the terms and conditions. A CC BY 3.0 license, for the most part, can be sourced without the need to pay royalties or ask for permission to use… attribution is still needed; this is a matter of the restrictions on what permissions are granted as there are several types of Creative Commons 3.0 licenses.

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

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What is Fair Use?

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Fair Use

Fair use is basically a defense for the accused against a claim of copyright infringement. If your use qualifies as fair, aka fair use, then it would not be considered in violation. The fundamentals behind copyright protects the development of knowledge and creativity; like free speech, lawmakers wanted fair use to have an expansive meaning that can be open to interpretation.

Many instances of a fair use pass over copyright protected material includes but is not limited to: commentaries, criticisms, and parodies; there are many other examples when one can claim fair use, but these are the most common. The underlying rationale of this exception (fair use) is that the public reaps benefits from your review/commentary/criticism/lecture etc., which is enhanced by including a portion of the copyrighted material.

Fair use serves as a vehicle for the first amendment (USA) by exempting from liability certain uses of a copyrighted work; fair use enables the distribution of new ideas and forms of expression to the public.

Legally, fair use is a grey-area when it comes to commercial use. The existing inconsistencies in the application of the fair use doctrine to commercial advertising has rendered this area of law unpredictable. Settling a copyright infringement case involving commercial advertisement assets can be very time consuming and will require substantial amounts of legal fees; in other words, you’re better off negotiating to a private consensus with the infringer unless the case involves serious allegations and has caused damage worth millions. The importance of commercial advertising to consumers and to the economy in general, needs the development of clearer standards and more consistent applications in order to determine fair cases and practices. (Fordham Law, Volume 61, Issue 3)

Types of Licensing

To the extent possible under law, StockFootage+ has waived all copyright and related or neighboring rights to most works. Use at your own discretion. If you are not sure about the permissions for a certain piece of content, leave a comment and we will get back to you shortly…. more to come soon.

Join the discussion — We’ve just opened up a new free community where you can chat with other creators, learn new techniques, find business associates, promote your work and more. Stop by and write your first post or just say hello 🙂http://www.stockfootageplus.com/community. Learn or teach everything from basics to advanced techniques and practices in Final Cut Pro, Sony Vegas, Adobe After Effects, Cinema 4D and more…

FOLLOW US ON SOCIAL MEDIA

Instagram – http://www.instagram.com/stockfootageplus

Twitter – http://www.twitter.com/StockFootagePls

Facebook – http://www.facebook.com/stockfootageplus

Email – [email protected]

FAQ & GENERAL QUESTIONS

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