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Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
Copyright presentation
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Copyright presentation

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  • 1. Copyright “Building on others’ Creative Expression” By Felipe O. ReyesEDTC 6340, Fall 2012
  • 2. Presentation Outline Copyright in today’s Environment Types of intellectual property Copyright Infringement Concept of Public Domain Fair Use The TEACH ACT Getting Permission Images ReferencesEDTC 6340, Fall 2012
  • 3. Copyright 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 (Harper, 2007).EDTC 6340, Fall 2012
  • 4. In today’s Environment Copyright law is intended to be "technology neutral”, but despite that, technological development is clearly putting pressure on certain aspects of copyright. Readily available technological tools make digital copying and distribution simple and seamless. This can make the legal "obstacles" to the full use of those tools resulting from the need to comply with copyright seem inconvenient and archaic. (Wasoff, 2011).EDTC 6340, Fall 2012
  • 5. Intellectual Property Creations of the mind for which exclusive rights are recognized in law, in which owners are granted certain exclusive rights to a variety of intangible assets such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols and designs (Wikipedia)EDTC 6340, Fall 2012
  • 6. Copyright Infringement Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. (http://www.copyright.gov/help/faq/faq- definitions.html)EDTC 6340, Fall 2012
  • 7. Concept of Public Domain A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: 
 (1) the term of copyright has expired; (2) the author failed to satisfy statutory 
 formalities to perfect the copyright or (3) the work is a work of the U.S. Government (Gasaway, 2003)EDTC 6340, Fall 2012
  • 8. Fair Use The Best Practices statements follow recent trends in court decisions in collapsing the Fair Use Statutes four factors into two questions: Is the use you want to make of anothers work transformative -- that is, does it add value to and repurpose the work for a new audience -- and is the amount of material you want to use appropriate to achieve your transformative purpose? Transformative uses that repurpose no more of a work than is needed to make the point, or achieve the purpose, are generally fair use (Harper, 2007).EDTC 6340, Fall 2012
  • 9. Fair Use In cases where “re-purpose” is not the intent, we also look at whether the copyright owner makes licenses to use his/her work available on the open market -- whether there is an efficient and effective way to get a license that lets us do what we want to do. If not, the lack of the kind of license we need to use the materials supports our relying on fair use due to the markets failure to meet our needs (Harper, 2007).EDTC 6340, Fall 2012
  • 10. The TEACH Act Copyright law provides educators with a separate set of rights in addition to fair use, to display (show) and perform (show or play) 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. An educator may show or perform any work related to the curriculum, regardless of the medium, face-to-face in the classroom - still images, music of every kind, even movies. There are no limits and no permission required (Harper, 2007).EDTC 6340, Fall 2012
  • 11. Getting Permission If the work is part of a book or a journal article, check the Copyright Clearance Center (CCC) . The CCC offers electronic permission services as well as a subscription license that covers typical institutional use of works for the classroom of all the works in the license repertoire. If the work you want is registered with the CCC you can get permission instantly for most materials (Harper, 2007). If you know who the author and the publisher are, you can contact them directly. Wake Forest University maintains a site with links to many publishers. Project Acom provides extremely helpful information about how to find copyright owners as does UT Austin’s Harry Ranson Humanities Research Center (Harper, 2007).EDTC 6340, Fall 2012
  • 12. Images There are only a few collections specifically devoted to educators, these are a sampling of your options. Academic Image Cooperative Allan Kohls Art Images for College Teaching American Society of Media Photographers Artists Rights Foundation Artists Rights Society ARTstorEDTC 6340, Fall 2012
  • 13. References Harper, G. K., The Copyright Crash Course, 2007, retrieved from http://copyright.lib.utexas.edu/index.html#build Gasaway, L., WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN, University of North Carolina, 2003, retrieved from http://www.unc.edu/~unclng/public-d.htm Wasoff, L. F., Symposium: Collective Management of Copyright: Solution or Sacrifice?: If Mass Digitization Is the Problem, Is Legislation the Solution? Some Practical Considerations Related to Copyright, Summer, 2011, Columbia Journal of Law & the Arts, 34 Colum. J.L. & Arts 731, Abstract retrieved from http://www.nclis.gov/digitalization/MassDigitalizationSymposium- Report.pdfEDTC 6340, Fall 2012

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