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Copyright, credit, & common knowledge

How well do I understand copyright?

Using information ethically and appropriately is a professional practice among academics. Take a look at each of these scenarios by clicking the tabs. As a scholar, what would you do?

WARNING: Wrong answers will get you a dad joke.

Scenario 1a

A student photographer takes a photo of the Des Moines cityscape and posts it on their Instagram. A local business sees the photo, and uses it in their advertising without the student's permission.

Question: Is the business infringing on the photographer's copyright?

Yes.: Absolutely! The student has exclusive rights to use and distribute their work. If anyone uses the photo without permission, they violate these rights.
No.: I told my friend I was going to take a photo of the ocean, but they said it was too shallow.

Looks like you need to focus on the bigger picture. The student who photographed the cityscape holds the rights to that photo, which means that no one can use the photo without seeking their permission, first.

According to Instagram's copyright policies: "It’s generally a good idea to get written permission from the author of the work before posting content on Instagram. You might be able to use someone else’s content on Instagram if you’ve gotten permission from them, such as through obtaining a license. You also may be able to use someone else's content if it's in the public domain, is covered by fair use, or there is another exception to copyright."

Scenario 1b

After taking LIB 1600, the student decides to list their cityscape photo under the Creative Commons attribution CC-BY-NC-SA.

Question: Is the business still infringing on the photographer's copyright?

Yes.: You got it! The CC-BY-NC-SA specifies that the photo may only be used non-commercially. The business is a commercial entity AND they did not attribute the student, which means it is still infringing on the student's copyright.
No.: Why did the photographer get kicked out of the party? They kept flashing everyone.

Sorry, but this is incorrect. Because the CC-BY-NC-SA specifies noncommercial use only, the business is still in violation of the copyright.

Scenario 1c

After taking LIB 1600, the student decides to list their cityscape photo under the Creative Commons attribution CC-BY-NC-SA. Another Instagrammer sees their photo and incorporates it in a collage for a class project. Because the Creative Commons license allows for noncommercial uses of the photo, they do not credit the student.

Question: Is the Instagrammer infringing on the photographer's copyright?

Yes.: Spot on! Although CC-BY-NC-SA specifies that others may use the photo for noncommercial use, it still requires that the person must properly attribute the student photographer. Since the Instagrammer did not acknowledge the student, they are violating copyright.
No.: Why did the photographer go to jail? Because they were framed!

You might want to develop a new perspective on this answer. Although CC-BY-NC-SA specifies that others may use the photo for noncommercial use, it still requires that the person must properly attribute the student photographer. Since the Instagrammer did not acknowledge the student, they are violating copyright.

Scenario 2a

A classmate uses short clips from various movies to create a video on film techniques for their class.

Question 1: Does the use of movie clips fall under fair use?

Yes, as long as they attribute the people who produced the clips.: You got it! The use of movie clips falls under fair use. The classmate's use in a class setting for educational purposes is a typical example of fair use. As a scholar, the classmate should ALWAYS provide attribution to the people who produced the film clips.
No, it is not fair use.: Why did the movie about the cat get bad reviews? It was a catastrophe. 🙀

In an educational setting, the presentation falls under fair use if it is used in the classroom. Fair use allows for limited use of copyrighted materials for education. HOWEVER, as a scholar, the classmate should ALWAYS provide attribution to the people who produced the film clips - regardless of whether it is shown in an educational setting.

Scenario 2b

After receiving much praise for their presentation on film techniques, your classmate (from scenario 2a) decides to take their movie and show it publically at the local movie theater. They will charge admission for people to see the film.

Question: Does the use of movie clips fall under fair use?

Yes.: Why did the movie about bees get bad reviews? It had too many bugs.

Because the film is now being shown publically and commercially (to earn a profit), the classmate is now in violation of copyright. In order to show the film in a public setting, they now must seek permission and give credit to the people who own the copyrights to the film clips they used.
No.: That's the ticket! The movie clips are now infringing on the copyrights of those who created the movie clips. Since the movie is being shown publically in a commercial setting, the classmate must seek permission and give credit to the people who own the copyrights to the film clips they use.

Scenario 3

A writer wants to publish a new edition of a book originally published in 1920, adding their own commentary and illustrations. Because the original book is in the public domain, they publish the new edition under their own name, without any attribution to the original author.

Question: Is this copyright infringement?

Yes.: Why did the writer go to the theater? To see the play on words.

Works published before 1924 are generally in the public domain. While they can be used freely without permission, and the writer is not infringing on copyright, it's still poor and unprofessional practice among scholars to take credit for work that you didn't write. As a scholar, we should always give credit, whether that credit is in the acknowledgement, notes, etc. It should be clear that the writer's edition was built upon the work of the original author.
No.: You are write on track! Works published before 1924 are generally in the public domain, which means they can be used freely without permission. However, it is a poor and unprofessional practice among scholars to take credit for work they didn't write.

As a scholar, we should always give credit, whether that credit is in the acknowledgement, notes, etc. It should be clear that the writer's edition was built upon the work of the original author.

Scenario 4

Numerous professors from the same department have posted their class slides under different Creative Commons licenses. Your friend wants to adapt and sell these slides if possible, and since you are taking LIB 1600, they ask you which Creative Commons licenses they should look for in this situation.

: Why did the Creative Commons license break up with the copyright? It couldn't handle the restrictions.

No, because the professor specified noncommercial use (NC) and no modifications (ND) with this license.
: Correct, as long as they attribute (BY) and allow others to also use your friend's modified slides in the same way (SA).
: Correct, as long as they give credit to the professor (BY).
: Why did the Creative Commons license get a job at the library? It loves to share knowledge!

No, because this license indicates no modifications for reuse (ND).

Scenario 5

A student is looking for an infographic to use in a pamphlet that they plan to hand out at a public event. What copyright licenses should they look for?

: Yes! The student just needs to be sure they are crediting the infographic creator (BY).
: Correct, as long as credit is given (BY) and the student does not change the infographic (ND) because they are handing out the pamphlets for free (NC).
: Always correct. Creators who choose this license have decided to put their works into the worldwide public domain with no conditions (0). However, as a scholar, it is still considered a professional practice to acknowledge the creator.
: Correct, as long as the student gives credit (BY) and puts the same CC-BY-SA license so others can reuse the content of the pamphlet (SA).
: What did the Creative Commons license say to the copyright? "Let's share the love, not the restrictions!"

This is how people get sued for copyright infringement. When you see the ©️ symbol, this means you do not have any rights to use the material without explicitly asking (and very likely paying) for permission.

If the pamphlet was used strictly in a classroom setting, they may use the infographic under Fair Use. They should still give credit.

Scenario 6

A writer states in their historical nonfiction book that "George Washington was the first President of the United States" without citing a source.

Question: Should they cite their source?

Yes, they need to cite their source.: What did George Washington say to his men before they crossed the Potomac? "Get in the boat!"

Because it is a widely known fact that George Washington was the first President of the United States, the writer does not need to cite their source because this is common knowledge.
No, the information is common knowledge.: Indeed! Widely known historical facts like this one do not require citation.

How did you do? If you are unclear about any of these problems, review the material on these pages, and reach out to me for help.

When should you give credit?

Did Lincoln suffer from depression? (Image generated by ChatGPT)

You now know you need to give others credit whenever you use their things (songs, photos, or artwork) but you also need to give others credit when you use their ideas.

This is true for any source involving interpretation (opinions, research findings, recent discoveries, statistics, etc).

Here are some examples of when to give credit to someone:

- Some biographers of Abraham Lincoln say he suffered from clinical depression. (Which biographers?)
- The quart measurement might have originated in medieval England as a measurement for beer. (Says who?)
- 60% of art majors believe that Pablo Picasso’s paintings are more interesting than his sculptures. (Where did this percentage come from?)
- In recent studies of Y-chromosomes, geneticists have found that Genghis Khan has approximately 16 million descendants living today. (Where did this number come from?)

**Do I always have to give credit?**

The exception to giving someone credit for something is when the information is considered common knowledge.

Common knowledge

Factual information that can be easily identified in multiple authoritative sources such as encyclopedias, dictionaries, reputable websites, and books.

You must always cite opinions, ideas, or new research findings, but well-established facts don’t need citations.

Here are some types of common knowledge (Massachusetts Institute of Technology, n.d.):

Widely-known facts. (ex. Water boils at 100° Celsius)
Uncontested historical dates. (The Declaration of Independence was signed in 1776)
Well-known cultural references, such as important facts, people, or historical events within that culture. (ex. Suleiman the Magnificent was the longest-ruling sultan of the Ottoman Empire)
Knowledge shared by members of a certain field. (ex. variable declaration in computer science, APA style citation in the social sciences, pedagogy in education)

Be careful! Common knowledge may be cultural and/or contextual; common knowledge in one culture or community may not be common knowledge in another (Massachusetts Institute of Technology, n.d.). For example, what is common knowledge among Iowans (like corn sweat) may not be common among Californians, and vice versa (like tide pooling).

If you have any doubt about whether something is or isn’t common knowledge, the best practice is to give credit by citing.

Massachusetts Institute of Technology. (n.d.). What is common knowledge? Academic integrity at MIT: A handbook for students. https://integrity.mit.edu/handbook/citing-your-sources/what-common-knowledge

Key takeaways

Whenever you use someone else's ideas or opinions, statistics, research findings, etc., you must give credit to others--just like you would for a photo or song.

There are instances when you don't have to give credit to a source, which is when information is considered common knowledge. However, common knowledge can be contextual, so when in doubt, give credit!