Intellectual Property and Licenses
Ximena draws a comic in her notebook, and it's hers without having to sign anything. Later she wants to illustrate the high school blog with a photo she found online, and now "I like it, so I'll use it" isn't enough. Every work has a person who decides what can be done with it. On this page you'll learn how to tell who decides, what permissions each license gives you, and how to give credit without getting into trouble.
Who Owns a Work
In Mexico it's regulated by the Ley Federal del Derecho de Autor (Federal Copyright Law). Registering with INDAUTOR (the national copyright institute) exists, but it's voluntary: it serves as proof, not to make the work yours.
Copyright has two parts. Moral rights are being recognized as the creator of the work and preventing anyone from distorting it. Economic rights are deciding who can copy, publish, sell, or transform it.
Explain in your own words what copyright is and state who holds it in each case, justifying your answer: a drawing you made yourself, a photo you took of a monument, and…
Explain in your own words what copyright is and state who holds it in each case, justifying your answer: a drawing you made yourself, a photo you took of a monument, and a song by a famous band that you recorded with your phone at a concert.
Classify these creations as "protected by copyright" or "not protected as a work", and justify your choice: (a) a poem written by your cousin, (b) the idea for a game…
Classify these creations as "protected by copyright" or "not protected as a work", and justify your choice: (a) a poem written by your cousin, (b) the idea for a game that has not yet been developed, (c) a meme with your own edit, (d) the list of the ten longest rivers and (e) the code of an app.
You draw a comic strip in your notebook and do not write any licence or the © symbol. Explain what protection that drawing has by default, why it does not need to be…
You draw a comic strip in your notebook and do not write any licence or the © symbol. Explain what protection that drawing has by default, why it does not need to be registered or marked for it to be yours, and what advantage adding a Creative Commons licence would have if you want to share it.
Creative Commons Licenses
With "all rights reserved," you'd have to ask permission every time someone wants to use your comic. A license solves that: the author gives permission in advance, with conditions.
| Symbol | Condition | Example |
|---|---|---|
| BY | You must credit the author | You can use the photo on your blog if you include the author's name. You can't use it without mentioning them. |
| NC | Noncommercial use only | You can use it in a school project. You can't put it on a product you sell. |
| SA | What you make with it is shared under the same license | You can mix it into your poster and share it under the same license. You can't lock it down with "all rights reserved." |
| ND | No derivative works allowed | You can share it as is. You can't crop it, filter it, or use it in a collage. |
All CC licenses include BY, except CC0. That's why the most common combinations are CC BY, CC BY-SA, CC BY-NC, CC BY-ND, CC BY-NC-SA, and CC BY-NC-ND. (SA and ND can't go together: they contradict each other.)
You can arrange everything on a ladder, from most closed to most open:
Creative Commons licences use four symbols: BY, NC, SA, and ND. Match each symbol with its condition — attribution, non-commercial use, share-alike, no derivative works…
Creative Commons licences use four symbols: BY, NC, SA, and ND. Match each symbol with its condition — attribution, non-commercial use, share-alike, no derivative works — and explain with an example what each one allows and prohibits.
The diagram ranks several ways of protecting a work, from the most restrictive to the most open, but one step is missing. Propose a Creative Commons licence that fits…
The diagram ranks several ways of protecting a work, from the most restrictive to the most open, but one step is missing.
Propose a Creative Commons licence that fits into the missing step and justify its position on the ladder by comparing it with its neighbors.
The figure shows the four symbols that make up Creative Commons licences. Using the legend in the figure, explain what each of these three licences allows and requires:…
The figure shows the four symbols that make up Creative Commons licences.
Using the legend in the figure, explain what each of these three licences allows and requires: CC BY-SA, CC BY-NC and CC BY-ND. Then choose one of them for the drawings in the class newspaper and justify your choice.
You have created a comic strip and want anyone to be able to share it for free, but without modifying or selling it, and always giving you credit. Choose the appropriate…
You have created a comic strip and want anyone to be able to share it for free, but without modifying or selling it, and always giving you credit. Choose the appropriate Creative Commons licence, write its full name and the conditions it includes, and explain where you should place it for it to be valid.
Public Domain and All Rights Reserved
In Mexico, economic rights last for the author's whole life plus one hundred years after their death (always confirm this in the Ley Federal del Derecho de Autor, because the terms differ from country to country). After that term, the work enters the public domain. One example is Cervantes's Don Quixote: anyone can publish it, translate it, or adapt it.
Careful: what does have an owner is your edition or your version. A modern translation, a new illustration, or a recording of a classical piece are new works with their own author.
The © symbol with "all rights reserved" means the opposite: without express permission, you can't copy, publish, modify, or share the work. You can look at it, and you can ask the rights holder for permission, which is the proper way to use it.
A photo displays the symbol © and the phrase "all rights reserved". Explain what this means in practice: what another person can do with that photo without asking for…
A photo displays the symbol © and the phrase "all rights reserved". Explain what this means in practice: what another person can do with that photo without asking for permission, what they cannot do and what the correct way is to be able to use it.
Explain what the public domain is and at what point works enter it (a long time after the death of their author). Give an example of a classic work that is already in…
Explain what the public domain is and at what point works enter it (a long time after the death of their author). Give an example of a classic work that is already in the public domain and explain what can be done with it without asking for permission.
Your group is preparing a website about the history of your municipality and finds three resources: 1) a current photo of a monument taken from a blog with no mention of…
Your group is preparing a website about the history of your municipality and finds three resources: 1) a current photo of a monument taken from a blog with no mention of a license, 2) a municipal map from 1780 digitised by the historical archive, and 3) a song licensed under CC BY-NC. Two opposing opinions arise within the team: "on the internet, anything can be used if we cite the source" and "we can't use anything because everything is copyrighted". Prove why both ideas are false by analysing what you can and cannot do legally with each of the three resources according to their rights regime.
Using Someone Else's Work Properly: Attribution and Derivative Works
With the ND condition, you can't make any derivative work. A CC BY-ND photo can be published as is, crediting the author. It can't be cropped, filtered, or used in a collage, because all of that transforms it.
With the SA condition, you can transform the work, but whatever results must be shared under the same license. If you use a CC BY-SA photo in your presentation and upload it to the class cloud, your presentation must go out under CC BY-SA. If you shared it with "all rights reserved," you'd be violating the license, and the author could demand that you take it down.
To attribute a CC BY licensed photo properly, you must state the author, the title of the work, the licence and the source link. These details are in jumbled order: "CC…
To attribute a CC BY licensed photo properly, you must state the author, the title of the work, the licence and the source link. These details are in jumbled order: "CC BY 4.0", "Sunset at the port", "www.bancofotos.ejemplo/atardecer", "Fátima Ferrer". Put them in order to create a complete attribution and explain why something is missing if you only include the author's name.
You want to illustrate the class blog and you find three images: (a) an image-bank photo with a CC BY licence, (b) a digital newspaper photo with the © symbol and (c) an…
You want to illustrate the class blog and you find three images: (a) an image-bank photo with a CC BY licence, (b) a digital newspaper photo with the © symbol and (c) an illustration with a CC BY-NC licence. Explain what you can and cannot do with each one on the blog and what information you must include when using it.
A "derivative work" is a new creation made from an existing one: a translation, a remix or a collage. Explain why the ND (no derivative works) condition prohibits these…
A "derivative work" is a new creation made from an existing one: a translation, a remix or a collage. Explain why the ND (no derivative works) condition prohibits these uses and decide what you could and could not do with a CC BY-ND photo: publish it as it is while crediting the author, crop it, apply a filter to it or use it in a collage.
You use a photo with a CC BY-SA licence in your presentation and then share the full presentation on the class cloud. Explain what the SA (share alike) condition…
You use a photo with a CC BY-SA licence in your presentation and then share the full presentation on the class cloud. Explain what the SA (share alike) condition requires, which licence you should share your presentation under and what would happen if you shared it with "all rights reserved".
Limits: Commercial Use, Plagiarism, and the Right to Quote
What "commercial use" (NC) means
The NC condition prohibits using the work to obtain an economic benefit. The line isn't always obvious. A practical rule is to ask yourself whether anyone makes money from your use, directly or indirectly.
| Case with a CC BY-NC image | Does it comply with NC? |
|---|---|
| Personal blog with ads | No: the ads generate income. |
| School magazine that is sold to pay for a trip | Doubtful: a fee is charged for it. If it's sold, it's best to ask the author for permission. |
| Class assignment with no profit motive | Yes. |
When in doubt, ask the author for permission or choose another image.
Plagiarism
Changing two words doesn't make the text yours: the ideas and the structure still belong to someone else. At school, plagiarism is also penalized: it can cost you your grade on the assignment.
The right to quote
That's why fifteen seconds of a famous song playing in the background of your video are not a quotation: the song isn't being analyzed or commented on, it's just decoration. By contrast, playing ten seconds to comment on its lyrics in a presentation would fit better. The safe alternative is to use music with a CC license, music in the public domain, or music you made yourself.
A student copies three sentences from a web page and pastes them into their work without indicating anything, changing just two words. Explain what plagiarism is and why…
A student copies three sentences from a web page and pastes them into their work without indicating anything, changing just two words. Explain what plagiarism is and why this way of working is plagiarism, and rewrite the example passage showing how the source would be cited correctly.
The NC condition prohibits commercial use, but the line is not always clear. Analyse these three cases and decide whether they comply with a CC BY-NC image, giving your…
The NC condition prohibits commercial use, but the line is not always clear. Analyse these three cases and decide whether they comply with a CC BY-NC image, giving your reasons: (a) using it on a personal blog that displays ads, (b) using it in the PTA magazine that is sold to fund a school trip and (c) using it in a non-profit class project.
To create atmosphere in a class video about World War II, a classmate inserts 15 seconds of a famous soundtrack in the background and claims: "It's legal because it…
To create atmosphere in a class video about World War II, a classmate inserts 15 seconds of a famous soundtrack in the background and claims: "It's legal because it lasts less than 30 seconds, I put the author in the credits, and it's for a school assignment, so the right of quotation applies." Justify why their claim is legally incorrect by analysing the actual purpose required by law to apply the right of quotation, and propose two different legal alternatives to add sound to the video.
Software Licenses: GPL, Permissive, and Freeware
Programs are also works protected by copyright, and their license says what you can do with them. A free software license guarantees the four freedoms: to use the program, to study and modify its code, to distribute copies, and to distribute your improved versions. You'll find more about this in the section on software freedoms.
Among free licenses there are two families:
| Family | Idea | Examples |
|---|---|---|
| Copyleft | Anyone who modifies and distributes must keep the same free license on their version. | GPL |
| Permissive | They set very few conditions: they even allow the code to be built into closed programs. | MIT, BSD, Apache |
Copyleft is the software equivalent of the Creative Commons SA condition: what is free stays free. A permissive license is more like CC BY: all you need to do is give credit and keep the license notice.
The school wants to install a video editor on the classroom computers, translate its menus into a co-official language, and distribute copies on USB flash drives to the…
The school wants to install a video editor on the classroom computers, translate its menus into a co-official language, and distribute copies on USB flash drives to the students. A student suggests a well-known application, saying: "It works perfectly for us because it's freeware and can be downloaded for free from the internet." Refute their proposal by differentiating between freeware (software gratuito) and free software (software libre), and justify which essential software freedoms the school needs in order to legally carry out everything planned.
Image, Music, and Platforms
Copyright and the right to your own image
These are two different rights. Copyright protects the photo as a work: it belongs to the person who took it. The right to your own image protects the person who appears in it: no one should publish their face for publicity purposes without their consent (Mexican law requires authorization for a person's portrait; verify this in current legislation).
That's why, if the photo's author transfers their rights to the school, that does not replace your consent if you're recognizable in it. The school, if you don't give your permission, can take the photo down or use another image in which you aren't identifiable (for example, by blurring your face or framing it so you aren't shown). If there's a conflict, you can ask in writing for it to be removed and turn to the school authorities.
When a platform mutes your video
If you upload a video with a famous song in the background, the platform may detect it automatically: it compares the audio against a database of fingerprints of protected works. When there's a match, the song's rights holder can block the video, mute it, or keep the revenue from the ads.
You have options: accept the notice and remove or replace the song, or dispute the claim if you believe your use is legitimate (for example, a brief quotation for analysis). To avoid the problem, use royalty-free music: music with a Creative Commons license, works in the public domain, or music created by you or your classmates. You can also use the audio libraries that the platforms themselves offer their users.
You upload the project video to a platform and after a while the audio is muted because a famous song plays in the background. Explain which automated system has taken…
You upload the project video to a platform and after a while the audio is muted because a famous song plays in the background. Explain which automated system has taken action and why, what options the platform gives you and what two legal alternatives you have so that the next video has music without any issues.
A festival uses a photo of yours published on your social network on their poster, "but they mention you in the corner". Analyse whether the mention is sufficient for…
A festival uses a photo of yours published on your social network on their poster, "but they mention you in the corner". Analyse whether the mention is sufficient for the use to be legal, what rights you have over your photo and what steps you could take if you do not agree with that use.
During a practical activity in the workshop, a classmate takes a close-up photograph of you where you are clearly recognisable. Days later, the school publishes the…
During a practical activity in the workshop, a classmate takes a close-up photograph of you where you are clearly recognisable. Days later, the school publishes the image on its website and in printed brochures. When you ask for it to be removed, the school responds: "The student who took the photo has transferred their rights to us in writing, so the publication is legal." Refute the school's argument by distinguishing copyright from the right to one's own image, and explain which two technical or legal solutions the school has if you do not give your consent.
Design Your License Policy and Your Credits
When a group publishes content (a digital newspaper, a video), it's a good idea to decide the rules before starting. A license policy answers three questions:
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What license do our contents have? For example, CC BY-NC-SA if they want others to use and improve them without commercial purposes.
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Where do we get third-party materials? From sources with an open license (CC, public domain), never from "the first thing that comes up in the search engine."
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How do we cite them? Always with author, title, license, and link.
A credits page gathers all of this at the end of a video or a website. It includes sections for: music, images and videos, sources of information (books, web pages, interviews), tools used, and acknowledgments. Each type of material is cited with the same format (author, title, license, link). It protects the group because it shows that each material was used with permission, and makes it easier to respond to any claim.
Reading the fine print
A site can advertise itself as "free" and still impose conditions. Always look for three clauses: attribution (whether you must give credit and how), commercial use (whether it's allowed or not), and redistribution or modification (whether you can share the images on their own or transform them). If the site requires attribution, prohibits commercial use, and doesn't allow redistributing individual images, it works for the school blog (nonprofit) as long as you give credit and don't offer the images as a download.
The class is going to launch a digital school newspaper. Design its licensing policy: what licence your own content will have, which sources images can be taken from and…
The class is going to launch a digital school newspaper. Design its licensing policy: what licence your own content will have, which sources images can be taken from and how third-party materials will be cited. Justify each decision considering the authors, the readers and the school.
For the final Technology video, you have used: 1) an audio track licensed under CC BY-SA 4.0, 2) an old photograph in the Public Domain, and 3) an icon licensed under CC…
For the final Technology video, you have used: 1) an audio track licensed under CC BY-SA 4.0, 2) an old photograph in the Public Domain, and 3) an icon licensed under CC BY 4.0. Design the exact content of the final credits screen applying the full attribution formula to each resource (title, authorship, source, and license type), and justify why you would commit a legal infringement if you published your video under an "All rights reserved" license.
Your group is going to publish a digital magazine in PDF and, additionally, will print 50 copies to sell them for 2.00 pesos at the school's charity market. For the…
Your group is going to publish a digital magazine in PDF and, additionally, will print 50 copies to sell them for 2.00 pesos at the school's charity market. For the cover, you want to use an image from an image bank advertised as "100% free", but whose terms state: "Non-commercial personal use; print reproduction and redistribution prohibited". Analyze the legal feasibility of using that image in the digital magazine and in the printed copies, identify the infringements committed, and determine what specific type of Creative Commons license you would need to carry out both uses legally.
Back to the beginning: to use that photo from the internet on the high school blog, find out which regime it falls under (public domain, CC license, or all rights reserved). If it's CC, respect its conditions (BY, NC, SA, ND) and write the complete attribution. If you can't find a license, ask for permission or choose another image.