The proliferation of online sharing sites and apps for ripping media make is easier than ever to download and copy content. But when is it permissible to use work published by others in your productions? Ask yourself these four questions.

1. Does the copyrighted media you wish to use fall within the Public Domain?
   • Works published in the U.S. before 1923 are in the Public Domain.
   • Works dedicated by the copyright owner are in the Public Domain.
   • Several works published in the U.S. before 1964 are now in the Public Domain due to copyright expiration.
2. Is the copyrighted media you wish to use protected by a Creative Commons license?
   • All CC licenses require attribution; copyright owners can stipulate how to be credited.
   • A ShareAlike license requires users to distribute modified works with the same CC terms.
   • A NoDerivatives license requires users to copy, distribute, and display original works only.
3. Does your use of copyrighted media fall within the Fair Use guidelines?
   • Purpose of use is nonprofit, educational critique or commentary, transformative.
   • The nature of the © work is more factual than creative and use of the work is limited.
   • Use does not deprive © owner of income or potential market for the work
4. Did you purchase the media or obtain permission to use it from the original source?
   • Comply with the Terms of Service agreement for purchased media.
   • Represent copyrighted media in an accurate and ethical manner.
   • Properly cite Credit and Copyright notices for copyrighted content.

Best Practices for Using Copyrighted Work in Your Productions:

1. Thoroughly research the copyright owner and licensing provisions for each © work you want to use.
2. Check for any Terms of Service or Terms of Use and determine if the terms are passive or require active consent.
3. Apply the four factor fair use test to each © work. Assess nature or type of work, amount used, market effect, and your intended purpose of use.
4. Write the © owner for permission to use the © work. Describe what content you will be using, in what format and context, include timecode if applicable, and indicate how your work will be shared, to whom, and whether it will be monetized.
5. Cite the source of the © work you are using in your production – on screen when the work appears and in the credits/transcript.

Written by Kate Lee
Senior Media Producer, Smith College