Better tools to identify works in the public domain are being developed.
Orphan works authors are unknown, or the actual date they became public domain is unknown.
Libraries are beginning to take a chance by displaying work with a special notice that advises the public that its appearance on the website is not guaranteed that it can be used for any purpose. In this way pubic domain and orphan works can slowly begin to see the light of day.
Don’t assume that everything on the internet is public domain.
Neither publication nor a notice is required to protect works today.
Postings on the internet are protected the same as published work.
Implied and express licenses:
By posting information on the internet an author implies a limited license to her work.
Express licenses spell out exactly what rights the author wants you to have and can be obtained by attaching a Creative Commons license to materials posted on the web.
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.
Fair use is vague and hard to define.
Individuals are liable for their own actions.
Penalties for infringement are very harsh: the court can award up to $150,000 for each separate act of willful infringement.
Do I need permission?
1. Is the work protected?
2. 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 therefore covered by an implied license?
4. Has the owner of the work used a Creative Commons license to give the public the right to use the work in the way that you would like to use it?
5. If you don't have express or implied rights, do you want to exercise one of the owner's exclusive rights?
6. Is your use exempt or excused from liability for infringement?
Specific, narrowly tailored exemptions
1. Library's special rights
* archiving lost, stolen, damaged or deteriorating works
* making copies for library patrons
* making copies for other libraries' patrons
2. Fair use exemption
* Coursepacks, reserves, course management systems and other platforms for distributing course content
* Image archives
* Research copies
3. 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?
The Teach Act
Copyright law provides educators with a separate set of rights in addition to fair use, to display and perform others' works in the classroom. These rights are in Section 110(1) of the Copyright Act and apply to any work, regardless of the medium.
The TEACH Act expands educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching.
Getting permission can be difficult. If the work is part of a book or a journal article, check the Copyright Clearance Center.
You can go to other sites to get permission for foreign works, image archives, freelance writers, music performance, play writes, movies, and new archives.
Even if you can’t contact the author you are still liable for copyright infringement.
Harper, Georgia. Copyright Crash Course. University of Texas Libraries, 2001,2007. Web. September 5, 2011. <http://copyright.lib.utexas.edu>.