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Who owns what? The author is usually the owner. Except when the work-for-hire rule applies An author is someone who contributes copyrightable expression to the work. Unless the work for hire rules apply, the creators of the work are its authors and owners.
Managing Copyrights The owner reserves the right to manage how their work is to be used… Unlimited copying Copy and distribution rights Downloading content Student use only Commercial use only
The Invisible Wed Mass of networked mass not on the surface Specialized search engines Invisible web specialists Information specialists
Public Domain vs. Orphan Works Public Domain – belonging or being available to the public as a whole. Not subject to copyright. Orphan Works - they often lack sufficient information to identify their owners, identifying the date on which they would otherwise enter the public domain is also impossible.
Using materials from the Internet Not everything is public domain - Once expression is committed to a tangible medium (and computer media is considered tangible), copyright protection is automatic.
Using materials from the Internet Implied License- just by posting, an author impliedly grants a limited license to use her work in this manner Expressed License- licenses that spell out in detail what rights the author of a work wants readers, viewers or listeners to have.
Creative Commons Websites have been established to help with the process of how your information will be shared with others. http://creativecommons.org/
Individual Liability for Infringement means that you knew you were infringing and you did it anyway. Ignorance is not an excuse. One special provision of the law the good faith fair use defense- only applies if the person who copied material reasonably believed that what he or she did was a fair use
What work is Protected? Works that lack originality Works in public domain Freeware US Government works Facts Ideas, processes, methods, and systems described in copyrighted works.
Work published on or before 12/31/1922 is now public domain Works published between 01/01/1923 & 12/31/1978, inclusive, are protected for a term of 99 years from the date of publication if copyright is not renewed, work published between 1923 & 12/31/1963 are now public domain. After 1978, copyrights now are “life of author” plus 70 years. What work is Protected?
Specific, Narrowly tailored exemptions Archiving lost, stolen, damaged or deteriorating works Making copies for library patrons Making copies for other libraries’ patrons (interlibrary loan)
Fair use exemption Coursepacks, reserves, course management systems and other platforms for distributing course content Image archives Creative uses Research copies
Using the four factor fair use test 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 is the use were widespread?