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Transcript

  • 1. Living with Copyright
    By: Albert Rodriguez
  • 2. The Basics
    • Protecting the work
    • 3. Who owns it
    • 4. Getting permission
    • 5. The TEACH Act
    • 6. Fair use
  • Protecting The Work
    • The author is usually the owner.
    • 7. Identify all potential authors of work.
    • 8. Contributors to the work.
    • 9. Joint works.
    • 10. Conveying away any rights.
    • 11. Orphan works.
    • 12. Protecting work.
  • Protecting The Work
    • It’s easy:
    From putting the brush on canvas, pencil to paper, or hitting save on your computer, works are protected when they are put into a tangible medium of protection, or;
    Register work at the Copyright Office, or;
    http://copyright registery-gov-form.com/
  • 13. Who Owns It
    Individual work
    • Author is usually the owner.
    • 14. Collaborated work.
    • 15. Use of another’s work beyond bound of fair use.
    Collaborative work
    • Work for hire
    • 16. Commissioning work
    statutory categories
    • Employer owned
    • 17. Author-owner
  • Getting Permission
    • The ownership drill:
    • 18. Identify and contact owners
    • 19. Do they own work or is it work-for-hire.
    • 20. Has rights been conveyed away, and to
    whom.
    Orphan works.
  • 21. Orphan Works
    Majority of materials in our archives and libraries is under this category.
    Partnering with culture institutions to increase pace of digitized collections for the public.
  • 22. The TEACH Act
    • Became law in 2002
    Prior to; law for face-to-face teaching in
    [Section 110(1)] was generous.
    Since then; due to distance learning, shrank.
    • Example: Audiovisual pertaining to curriculum, in distance learning, downed to showing only clips. What Act calls – “ reasonable and limited portions.”
  • The TEACH Act
    • Applies to accredited nonprofit educational institutions. Conditions:
    Mediated instruction activity
    At the direction of , or under instructor
    Directly related material assistance to the
    teaching content.
    Technology: limited to students enrolled in
    the class.
  • 23. The TEACH Act
    • Handy checklist to see if ready to use the TEACH Act:
    http//copyright.lib.utexas.edu/teachact.html#actsummary
  • 24. Fair Use
    • Not “clear-cut.”
    • 25. Undergoing exciting changes.
    • 26. Library special rights.
    • 27. Educational performances and displays.
  • Fair Use
    • The four fair use factors:
    What is the character of the use?
    What is the nature of the work to be used?
    How much of the work will you use?
    What effect would this use have on the market for the original or for permissions if the use were widespread?
  • 28. Fair Use
    • Protected work.
    • 29. Campus licensed rights
    • 30. Implied license for web work
    • 31. Creative Commons License to use in your own way
    • 32. Exercise one of owners exclusive rights
    • 33. Use exempt or excused from liability or infringement.
  • Living with Copyright
    The End