The importance of copyright In the world of education copyright plays a very important role and with the advance of technology this importance has become paramount. I would like to start by analyzing the definition of copyright: The dictionary describes it as the legal right of creative artists or publishers to control the use and reproduction of their original works. The question becomes who owns the works and what rights does the owner has over the works.
who owns the works AN AUTHOR By definition an author is someone who contributes copyrightable expression to the work. By definition copyrightable expression is original authorship, fixed on a tangible medium of expression. Examples of copyrightable expression: Poetry, prose, software application, artwork, musical notation, recorded music and/or song, animation, video, java applets, web page, website design and photographs.
Examples that do not qualify as Copyright Expression
Logos and slogans
Titles and short phrases
Exact duplication of public domain works
Works created by the Federal Government
Rights of the Copyright Owner The owner of a copyright has the exclusive right to reproduce work, to distribute copies, to display the work publicly .
Public Domain and Orphan Works The public domain is the realm of material — ideas, images, sounds, discoveries, facts, texts — that is unprotected by intellectual property rights and free for all to use or build upon. It includes our collective cultural and scientific heritage, and the raw materials for future expression, research, democratic dialogue and education. Orphan works are works under the copyright published before 1923 But they are commercially unavailable and the copyright owner can not be found
Content on the web Using materials from the Internet Copyright law governs the use of materials you might find on the Internet, just as it governs the use of books, video or music in the analog world Copyright protection Many people assume that everything posted on the Internet is public domain, probably because our law used to protect published works only if they displayed the proper copyright notice upon publication. The law, however, has changed: neither publication nor a notice of any kind is required to protect works today. Simply putting the pen to the paper or in the electronic medium, putting the fingers to the save key creates a copyrighted work.
The saving grace: Implied and express licenses to use internet materials Whenever an author posts anything on the Internet, he or she should reasonably expect that it will be read, downloaded, printed out, forwarded, and even used as the basis for other works to some degree. So, just by posting, an author impliedly grants a limited license to use her work in this manner. The trouble with implied licenses is that their boundaries are vague. Express licenses, licenses that spell out in detail what rights the author of a work wants readers, viewers or listeners to have. You can easily give your works an express license by attaching a Creative Commons license to the materials you post on your Website, or upload to other sites. It's easy and it sends the message that you want your materials to be part of the flow of creativity.
Liability for posting infringing works lawsuits against individuals for peer-to-peer file-sharing make clear that individuals can be liable for their own actions when they copy and distribute others' copyrighted works without permission. Universities and libraries can also be liable for the actions of their employees doing their jobs and possibly students who access the Internet through university machines.
The role of fair use Fair use plays a critical role in the analog world where duplicating technology is cumbersome and authors make money by controlling copies. It balances authors' rights to reasonable compensation with the public's rights to the ideas contained in copyrighted works. It used to be safe to say that reasonable analog educational, research and scholarly uses were fair uses. But this appears to be changing. Where fair use may be questioned, implied rights may be broader, but an express right to use is best - it's clear and reassuring. It's possible today to search Creative Commons licensed works by license type, or limit your search to be sure that your results include only materials intended for use by educators and students.
FAIR USE What is Fair Use? A gray shadowy line whose boundaries are disputed; even so now with easy access to online material. Fair Use liability for infringement a. You are responsible for your own actions. b. Know the rules of infringement c. “The penalties for infringement are very harsh”
How to determine if you need permission Is the work protected? Has your campus already licensed rights for you to use the work? Is the work available freely on the open web. b. Has your campus already have licensed rights for you to use the work? c. Is the work available freely on the open Web d. Has the creator used a Creative Commons license to give the public access to his/her work. e. Is your intended use exempt or excused from the liability infringement?
Fair use Exemptions a. Course packs, reserves, course management systems b. Image archives c. Creative uses d. Research copies Four factor of fair use a. What is the character of the use? b. What is the nature of the work to be used? c. How much of the work will you use d. What effect would this use have on the market for the original or for permissions if the use were widespread?
THE TEACH ACT The acronym Teach stands for Technology Education and Copyright Harmonization The Teach Act became a law on 2002.
What is ‘’The Teach Act’’ and why is important that educators are aware of it:
In the copyright Act section 110(1) the law allows the teacher to fair use, display, perform and play other’s works in the classroom, however with the new era of digitalization and distant education a new section has been add it to it section 110 (2) this was created to authorize the teachers to digitize parts of the works in an analog tape and utilize them in distant education.
The following are the TEACHrequirements and exemptions: Requirements:
The institution must be an accredited, non-profit educational institution.
The use must be part of mediated instructional activities.
The use must be limited to a specific number of students enrolled in a specific class.
The use must either be for 'live' or asynchronous class sessions.
The use must not include the transmission of textbook materials, materials "typically purchased or acquired by students," or works developed specifically for online uses.
Only "reasonable and limited portions," such as might be performed or displayed during a typical live classroom session, may be used.
Requirements The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials. The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut & paste disabling, etc.
Electronic reserves, course packs (electronic or paper) or interlibrary loan (ILL).
Commercial document delivery.
Textbooks or other digital content provided under license from the author, publisher, aggregator or other entity.
Conversion of materials from analog to digital formats, except when the converted material is used solely for authorized transmissions and when a digital version of a work is unavailable or protected by technological measures.
If you know who the author and the publisher are, you can contact them directly.
Once you know whom to ask, writing a letter, calling or emailing are all appropriate ways to initiate contact.
If the work is part of a book or a journal article, check the Copyright Clearance Center ("CCC") first.
Whenever it is unclear who the owner is, or if the owner is a legal entity of some kind (a business or organization), you should be sure that the person giving you permission is authorized to do so
Getting Permission If the author, creator or publisher is not obvious, try the following:
1.-Check with the source of your copy of the work for any information about who owns the copyright and how to contact the owner. 2.- Manuscripts: Check the WATCH File, a database that contains primarily the names and addresses of copyright holders or contact persons for English-language 3.- Architectural works: Getting Permission to Use Archival Materials Related to Architectural Works Photographic images. 4.-Plays: Obtaining Rights to Produce a Play or Musical; Obtaining Rights for Music Used in Live Performance. 5.-Check with your source for an alternative work that is either in the public domain, available under a Creative Commons license, or for which copyright ownership can be more easily determined.