Copyright CrashCourse Olivet Delgado-Castillo EDTC 6340.63 Fall 2011
The Public Domain and Orphan WorksCopyright Terms are as follows:--Must develop betters tools to identify works that are in the public domain.--Examples:-(The University of Austin Libraries Public Domain Project)-‘Orphan works’ lack sufficient information to identify owners, dates.
Balances authors rights to reasonable compensation.
Fair Use Law Checklist: Answer the following questions to determine whether you need permission to use copyrighted work. Is the work protected? If the work is protected, has your campus already licensed rights for you to use the work? 3. Is the work available freely on the open Web, and therefor covered by an implied license? Has the owner of the work used a Creative Commons license (or similar) to give the public the right to use the work in the way that you would like to use it? If you don't have express or implied rights, do you want to exercise one of the owner's exclusive rights? Is your use exempt or excused from liability for infringement?
Four Factor Fair Use Test Answering the following questions will help you comprehend Fair Use better. 1. What is the character of the use? 2. What is the nature of the work to be used? 3. How much of the work will you use? 4. What effect would this use have on the market for the original or for permissions if the use were widespread? To obtain permission, you can refer to the following link: Getting Permission
TEACH Act The TEACH Act provides educators with a separate set of rights in addition to fair use to display and/or perform other’s works in the classroom. Key element is “limiting portions used” When in doubt, use Fair Use as your guide!
Work is not licensed, now what? Who to contact and what you will use will depend of the next steps for you. CCC (electronic and photocopy based on case by case, allow permission services) Examples… -Image archives -Freelance writers -Music Performers -Playwrights -News Archives -Movies Permission should be in writing along with how much information you will use – documentation.
References http://copyright.lib.utexas.edu/ All images are licensed for Microsoft Office Clip Art.