Library Home: Intellectual Property (IP): Example of Fair Use

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How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.

Mix of Creative Commons License, Public Domain, and Copyrighted images

Why I did not license the above image with a Creative Commons License:
On one hand,"Creators may also apply Creative Commons licenses to material they create that are adapted from public domain works, or to remixed material, databases, or collections that include work in the public domain...

...in each of these instances, the license does not affect parts of the work that are unrestricted by copyright or similar rights.
We strongly encourage you to mark the public domain material, so that others know they are also free to use this material without legal restriction."
from https://creativecommons.org/faq/#may-i-apply-a-creative-commons-license-to-a-work-in-the-public-domain accessed 8/8/2018

On the other hand, there are copyrighted pictures in the image. “It may not be possible to release works under one of the CC licenses if you do not control all of the necessary rights” from: https://wiki.creativecommons.org/wiki/CC_Factsheet#When_CC_tools_are_not_appropriate accessed 8/8/2018 with regards to (c) 2018 by Katharine Schwab quoting Mario Klingemann; @quasimondo tweet; (c) 2017 by Autodesk.

Although I May apply a CC license to my work if it incorporates material used under fair use or another exception or limitation to copyright
"...it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license."

The main reason I chose not to add a Creative Common License is that I am thinking of the re-user.

While not required, Creative Commons urges creators to make sure there are no other rights that may prevent reuse of the work as intended. CC licensors do not make any warranties about reuse of the work. That means that unless the licensor is offering a separate warranty, it is incumbent on (the responsibility of) the reuser to determine whether other rights may impact their intended reuse of the work. Learning more can sometimes be as easy as contacting the licensor to inquire about these possible other rights. Read through this complete list of considerations for reusers of CC-licensed works.

The copyrighted images create a barrier to easy re-use of this image.
I conclude that mixing copyrighted material and CC Licensed material and Public Domain material is fine, but don't put a CC License declaration on it.
Clearly marking the rights, licenses and state of various sources on the image looks busy, but it means that people know what is what. If I had the image separate from the list (below) of links, the two chunks of information are too easily separated. Without the source and rights on the image, people would have to use TinEye or Google Images to try and track down the source, and the rights attached.

Rabbit Mural
CC Public Domain
Free for personal and commercial use
Attribution required
Rabbit Mural https://pxhere.com/en/photo/399231 169_rodrigoparedes_buenosaires_argentina_ar_ciudadaut_nomadebuenosaires CC Public Domain
Human Brain
License: CC0 Public Domain
Note: If you intend to use an image you find here for commercial use, please be aware that some photos do require a model or property release. Pictures featuring products should be used with care.
Human Brain in Public Domain https://www.publicdomainpictures.net/en/view-image.php?image=130360&picture=human-brain CC0 Public Domain
Animal-made art
Animal-made art https://en.wikipedia.org/wiki/Animal-made_art last edited on 21 June 2018, at 02:58 (UTC).Creative Commons Attribution-ShareAlike License
See also: https://wikivisually.com/wiki/Copyright_law_of_the_United_States
This AI Paints Like The Old Masters. Can You Tell The Difference? [AI mimics art]
This AI Paints Like The Old Masters. Can You Tell The Difference? [AI mimics art] https://www.fastcompany.com/90167584/this-ai-paints-like-the-old-masters-can-you-tell-the-difference (c) 2018 by Katharine Schwab
She quotes a twitter tweet by Mario Klingemann
@quasimondo from https://twitter.com/quasimondo/status/981457471620468736/photo/1
Generative Design: Co-creating with A.I.
Generative Design: Co-creating with A.I. https://www.youtube.com/watch?v=ws7XS7rVdEI (c) 2017 by Autodesk Education Published on Oct 9, 2017
File:Artificial neural network pso.png
This file is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported, 2.5 Generic, 2.0 Generic and 1.0 Generic license.
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.2 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the section entitled GNU Free Documentation License.
File:Artificial neural network pso.png https://commons.wikimedia.org/wiki/File:Artificial_neural_network_pso.png 2008 Cyberbotics Ltd. https://www.cyberbotics.com Creative Commons Attribution-ShareAlike 3.0 license.
AI & ART - Style Transfer [AI created art]
AI & ART - Style Transfer [AI created art] https://youtu.be/U1vb-NI9sKE?t=3m2s (c) 2016 by Richard Brooker
Published on Dec 30, 2016

Chart shows which CC-licensed material can be remixed.

Image Source: Can I combine material under different Creative Commons licenses in my work?

What can you easily license with a Creative Commons license?

• Your originally created content, for which you own the copyright (not including “works for hire”)

• Other content marked with a CC BY license, if they do not conflict ( see graph above)

• Mixtures of the above.

More notes on using Creative Commons Licensing with remixed content

What things should I think about before I apply a Creative Commons license?
CC licenses are operative only when applied to material in which a copyright exists.
CC licenses should not be applied to works in the worldwide public domain.
Your copyright to an adaptation of something in the public domain only extends to the material you contributed, not to the underlying work.
CC Licensing: is not possible to mix works where the first work is placed under a Creative Commons Attribution-Share Alike license and the second work is licensed under a Attribution-NonCommercial-ShareAlike license.
The ShareAlike building block in first license requires that the newly created work is released under that license and can therefore be used commercially, the second license wants you to release the new work under a license that does not permit commercial use
CC licensing: it is not possible to use in a remix where NoDerivative is a building block in processing a work