Copyright law protects works including: books, photos, works of visual art, music, sound recordings, computer programs, websites, film and many more materials. The law grants copyright owners (the author/s) rights to their work including:

• Reproduction of works
• Distribution of copies
• Making of derivative works
• Public performance and display of works.

Works are protected automatically, without copyright notice or registration. To be considered copyrightable, it must have a “modicum of creativity” and be "fixed" in a medium.(Copyright Advisory Services, Columbia University Libraries).

Fair Use is acceptable uses of copyrighted materials. In determining whether the use of copyrighted work falls under fair use, four factors are considered (Legal Information Institute, Cornell Law School):

Four Factors of Fair Use

1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purpose. Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. The more "transformative" the use, the more likely it is considered to be fair use (U.S Copyright Office). 
2. The nature of the copyrighted work: Using material from primarily factual works is more likely to be fair than using purely fictional works.
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. Borrowing small portions of material from an original work is more likely to be considered fair use than borrowing larger sections. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.
4. The effect of the use upon the potential market for or value of the copyrighted work. Uses that harm the copyright owner's ability to profit from his or her original work by serving as a replacement for demand for that work are less likely to be fair uses.

See: https://www.copyright.gov/fair-use/more-info.html 

Disclaimer

The information presented by the library is intended for information purposes only, and is not legal advice.

Public domain materials are those that are not protected by intellectual property laws such as copyright, trademark, or patent laws. This means that the public owns the works, not an individual author, researcher or creator. Anyone can use a public domain work without obtaining permission. 

There are four common ways that works arrive in the public domain:

• Copyright expires
• A copyright owner does not renew their copyright
• A copyright owner places their work in the public domain through a process known as “dedication”
• Copyright law does not protect all works, including federal government documents and non-creative works

(Copyright and Fair Use Stanford University Libraries)

Creative Commons is a nonprofit organization that offers free legal tools including licenses. Creative Commons licenses are a standardized way to grant copyright permissions to creative works. They are frequently the intellectual property license that allows for free use, adaptation and distribution that defines OER. Licenses are comprised of the following elements: 

Authors and creators can create their own license by selecting the terms that work best for them and their own works. Creative Commons offers a tool for license selection here:

Choose a License Tool

Content users can use this tool to help cite open material; fill out the form to automatically generate an attribution:

Open Attribution Builder