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Copyright and it’s simplicity take 2

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  • Publishers sued university for copying too much and handing it out via internet courses instead of having material purchased.
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    • 1. Copyright and it’s Simplicity by Karl Riley EDTC 6329
    • 2. What is copyright? Definition of COPYRIGHT the exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)1
    • 3. Remember Public domain Internet materials Fair use TEACH Act Getting Permission
    • 4. Public Domain Definition of PUBLIC DOMAIN: the realm embracing property rights that belong to the community at large, are unprotected by copyright or patent, and are subject to appropriation by anyone2
    • 5. Public Domain Digitization3 www.google.com ‘mass digitization projects’ About 4,720,000 results (0.20 seconds) 4
    • 6. Internet Materials Copyright protection5 is not automatically public domain is automatically applied Implied and Expressed Licenses6 on internet, implied use reasonably expects
    • 7. Fair Use Definition of FAIR marked by impartiality and honesty : free from self-interest, prejudice, or favoritism <a very fair person to do business with> b (1): conforming with the established rules7
    • 8. Fair Use The four fair use factors:8 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?
    • 9. Fair Use “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?”9
    • 10. Fair Use Georgia State10 publishers versus university copying (making copies available) work
    • 11. TEACH Act Separate rules for educators11 110(1) – traditional classroom, existing 110(2) – online classroom, new Fair use12
    • 12. TEACH Act 110(2) – online classroom, new restricted online use of audiovisual remember fair use 22 item checklist
    • 13. TEACH Act 110(2) 22 item checklist – do I meet it?
    • 14. Getting Permission Contact the owner several online methods/organizations confirm authority get it written down keep good records still liable
    • 15. References 1 Copyright. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/copyright 2 Public domain. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/public domain 3 The public domain and orphan works. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/pdandorphan.html 4 mass digitization projects. (2012). Retrieved September 2, 2012, from www.google.com 5 Using materials from the Internet. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html 6 Building on others creative expression. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/useofweb.html 7 Fair. (2012). Retrieved September 1, 2012, from http://www.merriam-webster.com/dictionary/fair 8 Fair use frequently asked questions. (2012). Retrieved September 1, 2012, from http://www.teachingcopyright.org/handout/fair-use-faq 9 Using the four factor fair use test. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/copypol2.html#test 10 Georgia State Electronic Course Materials Case Executive Summary. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/GSUcommentary.html 11 The Teacher Act. (2012). Retrieved September 1, 2012, from http://copyright.lib.utexas.edu/teachact.html 12 Challenges: Fair Use Available. (2012). Retrieved September 1, 2012, from http://www.provost.ncsu.edu/copyright/toolkit/challenges.php