Copyright Crash CourseBuilding on each others’ creativeexpressions.Vincent Briseno-EDTC 6340
The public domain and orphanworks Mass Digitization Libraries,museums and archives are creating large catalogs of digitized material for public access.
The public domain and orphanworks (contd.) Digital Millennium Copyright Act & Sonny Bono Copyright Term Extension Act Fearing the effects of the impending digital age on copyright owners, congress passed to pieces of legislation to ensure continued copyright protection.
The public domain and orphanworks (contd.) Orphan Works The inability to identify the owners of many published works paired with the stiff penalties for copyright infringement will keep many orphaned works out of the digital realm.
Content on the web Copyright protection Protection is granted to any expression committed to a tangible expression. Implied licenses Material posted on the internet grants a limited license to read, download, print or use the work as the foundation for future works to some degree.
Content on the web (contd.) Express licenses To combat the vagueness of implied licenses, an author can attach a Creative Common (CC) license. The CC license works alongside existing copyright laws and allows the author to modify the copyright terms.
Fair use Fair Use Statements Is the use you want to make of another’s work transformative? Is the amount of material you want to use appropriate?
Fair use (contd.) Unprotected works Works in public domain U.S. govt. works Facts Unoriginal works Ideas described in copyrighted works
Fair use (contd.) Library-licensed works Locallibraries may have licensed rights to sought after copyrighted material. Creative Commons CC licensed works can provide users with the rights needed to legally use copyrighted material.
Fair use (contd.) Four factor fair use test What is the character of the use? The more transformative the purpose of the use, the more likely fair use comes into play. As the use becomes less transformative, permission must be sought after.
Fair use (contd.) What is the nature of the work to be used? Published and factual works tend to fall under fair use while those unpublished, creative works require permission from the author(s).
Fair use (contd.) How much of the work will you use? Ifmore than the small amount needed for a transformative purpose is going to be used, then permission for use must be acquired.
Fair use (contd.) If this kind of use were widespread, what effect would it have on the market for the original or for permissions? Ifthe use of a work is not transformative, the effect on royalties to the author(s) can be a determining factor on the permission needed.
The Teach Act The Teach Act is legislation that attempts to address the issues of teacher rights, in addition to fair use, with respect to distance learning.
Getting permission Find a source Ifpermission is need to use a work or works, there are countless online sources made available by local and international organizations to identify the owner or owners of copyrighted material.
The end.The following link was used in completing this presentation.http://copyright.lib.utexas.edu/permissn.html